Jaiyeola v. AT&T et al
Plaintiff: Ganiyu Ayinla Jaiyeola
Defendant: AT&T, T-Mobile US, Verizon Communications, Inc., AT&T Mobility, LLC and Apple Inc.
Case Number: 5:2023cv05182
Filed: October 11, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Edward J Davila
Referring Judge: Virginia K DeMarchi
2 Judge: Susan van Keulen
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Opinion or Order Filing 39 CLERK'S NOTICE Continuing Motion Hearing. Motion Hearing as to #38 Apple Inc. Motion to Dismiss set for 1/25/2024 is Continued to 2/15/2024 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Counsel is reminded to review the Court's Standing Orders and Scheduling notes and to reserve a hearing date in advance with the Courtroom Deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 12/8/2023)
December 8, 2023 Opinion or Order Filing 38 MOTION to Dismiss the First Amended Complaint filed by Apple Inc.. Motion to Dismiss Hearing set for 1/25/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 12/22/2023. Replies due by 12/29/2023. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss the First Amended Complaint)(Schneider, Sara) (Filed on 12/8/2023)
December 8, 2023 Opinion or Order Filing 37 Rule 7.1 Disclosures by Apple Inc. (Schneider, Sara) (Filed on 12/8/2023)
December 8, 2023 Opinion or Order Filing 36 USCA Case Number 23-4027 Ninth Circuit Court of Appeals for #31 Notice of Appeal to the Ninth Circuit, filed by Ganiyu Ayinla Jaiyeola. (cjl, COURT STAFF) (Filed on 12/8/2023)
December 7, 2023 Opinion or Order Filing 35 ORDER Denying as Moot #32 Motion to Appear Remotely. Signed by Judge Edward J. Davila on 12/7/2023. (crr, COURT STAFF) (Filed on 12/7/2023)
December 7, 2023 Opinion or Order Filing 34 Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5, including filing the mandatory ADR Certification pursuant to ADR L.R. 3-5(b). (crr, COURT STAFF) (Filed on 12/7/2023)
December 7, 2023 Opinion or Order Filing 33 CLERK'S NOTICE CONTINUING HEARING. Initial Case Management Conference set for 12/14/2023 is Continued to 2/15/2024 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 1/26/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 12/7/2023)
December 7, 2023 Opinion or Order Filing 32 Joint MOTION to Appear by Telephone Remotely at Initial Case Management Conference filed by T-Mobile US, Ganiyu Ayinla Jaiyeola. (Attachments: #1 Proposed Order Proposed Order)(Rayes, Joshua) (Filed on 12/7/2023) Modified on 12/8/2023 (cjl, COURT STAFF).
December 7, 2023 Opinion or Order Filing 31 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Ganiyu Ayinla Jaiyeola (Receipt No. 511019104, $605.00). (Attachments: #1 Receipt)(cjl, COURT STAFF) (Filed on 12/7/2023) (Additional attachment(s) added on 12/7/2023: #2 Receipt) (cjl, COURT STAFF). (Additional attachment(s) added on 12/8/2023: #3 Receipt) (cjl, COURT STAFF).
December 6, 2023 Opinion or Order Filing 30 ORDER Denying #25 Ex Parte Emergency Application for Temporary restraining Order and Preliminary Injunction. Signed by Judge Edward J. Davila on 12/6/2023. (crr, COURT STAFF) (Filed on 12/6/2023)
December 6, 2023 Opinion or Order Filing 29 OPPOSITION/RESPONSE (re #25 Emergency Ex Parte Application re #20 Notice (Other), #24 Notice (Other), #18 Amended Complaint ) filed byT-Mobile US. (Rayes, Joshua) (Filed on 12/6/2023)
November 30, 2023 Opinion or Order Filing 28 MOTION to Dismiss First Amended Complaint for False Advertising Against Defendant T-Mobile USA, Inc. filed by T-Mobile US. Motion to Dismiss Hearing set for 2/15/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 12/14/2023. Replies due by 12/21/2023. (Attachments: #1 Proposed Order Proposed Order)(Rayes, Joshua) (Filed on 11/30/2023)
November 27, 2023 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by Ganiyu Ayinla Jaiyeola re #19 Summons Issued, #26 Certificate of Service, Electronic Filing Error, #25 Emergency Ex Parte Application re #20 Notice (Other), #24 Notice (Other), #18 Amended Complaint PROOF OF SERVICE FOR AT&T MOBILITY, LLC (Attachments: #1 Declaration)(Jaiyeola, Ganiyu) (Filed on 11/27/2023)
November 27, 2023 Opinion or Order Filing 26 CERTIFICATE OF SERVICE by Ganiyu Ayinla Jaiyeola re #19 Summons Issued, #25 Emergency Ex Parte Application re #20 Notice (Other), #24 Notice (Other), #18 Amended Complaint AT&T Mobility, LLC Summons Served On 11.27.2023. (Jaiyeola, Ganiyu) (Filed on 11/27/2023)
November 27, 2023 Opinion or Order #Electronic filing error. No title Page. Exhibits or Proof of Service e-filed separately, not as an attachment, requires a title page. Please refer to Civil Local Rules 3-4 re first page requirement. [err201] This filing will not be processed by the clerks office. Please re-file in its entirety Re: #26 Certificate of Service filed by Ganiyu Ayinla Jaiyeola. (cjl, COURT STAFF) (Filed on 11/27/2023)
November 22, 2023 Opinion or Order Filing 25 Emergency Ex Parte Application re #20 Notice (Other), #24 Notice (Other), #18 Amended Complaint filed by Ganiyu Ayinla Jaiyeola. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Jaiyeola, Ganiyu) (Filed on 11/22/2023)
November 21, 2023 Opinion or Order Case Reassigned to Judge Edward J. Davila for all further proceedings, Magistrate Judge Judge Virginia K. DeMarchi remains as referral judge. This is a docket entry only. (bw, COURT STAFF) (Filed on 11/21/2023)
November 20, 2023 Opinion or Order Filing 24 Response to #14 T-Mobile's MOTION to Dismiss filed by Ganiyu Ayinla Jaiyeola. (Jaiyeola, Ganiyu) (Filed on 11/20/2023) Modified on 11/21/2023 (cjl, COURT STAFF).
November 20, 2023 Opinion or Order Filing 23 AFFIDAVIT of Service for Summons served on Apple Inc. on 11/16/2023, filed by Ganiyu Ayinla Jaiyeola. (Jaiyeola, Ganiyu) (Filed on 11/20/2023)
November 20, 2023 Opinion or Order Filing 22 ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 11/20/2023. (svklc1, COURT STAFF) (Filed on 11/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
November 20, 2023 Opinion or Order Correction of Clerical Error. Case Reassigned to Magistrate Judge Virginia K. DeMarchi re [22) Order of Recusal. Judge Edward J. Davila no longer assigned to the case. Reassignment Order signed by Clerk. (bw, COURT STAFF) (Filed on 11/20/2023)
November 17, 2023 Opinion or Order Filing 21 NOTICE of Errata (IN TABLE OF AUTHORITIES) re #20 Response to #13 Motion to Dismiss by Ganiyu Ayinla Jaiyeola. (Jaiyeola, Ganiyu) (Filed on 11/17/2023) Modified on 11/17/2023 (crr, COURT STAFF). Modified on 11/17/2023 (cjl, COURT STAFF).
November 16, 2023 Opinion or Order Filing 20 RESPONSE TO #13 DEFENDANT AT&T'S MOTION TO DISMISS PLAINTIFF'S ORIGINAL COMPLAINT by Ganiyu Ayinla Jaiyeola. (Jaiyeola, Ganiyu) (Filed on 11/16/2023) Modified on 11/17/2023 (cjl, COURT STAFF).
November 16, 2023 Opinion or Order Filing 19 Summons Issued as to AT&T Mobility, LLC, Apple Inc. (Attachments: #1 Summons)(cjl, COURT STAFF) (Filed on 11/16/2023)
November 16, 2023 Opinion or Order Filing 18 FIRST AMENDED COMPLAINT (With jury demand) against All Defendants. Filed by Ganiyu Ayinla Jaiyeola. (Attachments: #1 Declaration)(Jaiyeola, Ganiyu) (Filed on 11/16/2023) Modified on 11/16/2023 (cjl, COURT STAFF).
November 16, 2023 Opinion or Order Deadlines/Hearings Vacated and Motions Terminated as to #13 , #14 Motions to Dismiss; #18 Amended Complaint filed 11/16/2023. (crr, COURT STAFF) (Filed on 11/16/2023)
November 7, 2023 Opinion or Order Filing 17 CLERK'S NOTICE Continuing Motion Hearings. Motion Hearings re #13 , #14 Motions to Dismiss set for 1/25/2024 are continued to 2/15/2024 at 9:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 11/7/2023)
November 6, 2023 Opinion or Order Filing 16 NOTICE of Appearance by Joshua Louis Rayes (Rayes, Joshua) (Filed on 11/6/2023)
November 6, 2023 Opinion or Order Filing 15 Certificate of Interested Entities by T-Mobile US identifying Corporate Parent T-Mobile US, Inc., Other Affiliate T-Mobile Global Holding GmbH, Other Affiliate Sprint Solutions, Inc., Other Affiliate Sprint Communications, Inc., Other Affiliate Deutsche Telekom Holding B.V., Other Affiliate SoftBank Group Corp., Other Affiliate Masayoshi Son, Other Affiliate PRWireless PR, LLC, Other Affiliate Deutsche Telekom AG, Other Affiliate T-Mobile USA, Inc. for T-Mobile US. (Rayes, Joshua) (Filed on 11/6/2023)
November 6, 2023 Opinion or Order Filing 14 MOTION to Dismiss filed by T-Mobile US. Motion to Dismiss Hearing set for 1/25/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 11/20/2023. Replies due by 11/27/2023. (Attachments: #1 Proposed Order)(Rayes, Joshua) (Filed on 11/6/2023)
November 2, 2023 Opinion or Order Filing 13 MOTION to Dismiss filed by AT&T. Motion to Dismiss Hearing set for 1/25/2024 09:00 AM in San Jose, Courtroom 4, 5th Floor. Responses due by 11/16/2023. Replies due by 11/24/2023. (Attachments: #1 Declaration of Paula Phillips)(Sambhwani, Anand) (Filed on 11/2/2023)
November 2, 2023 Opinion or Order Filing 12 Certificate of Interested Entities by AT&T (Sambhwani, Anand) (Filed on 11/2/2023)
November 2, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Justin J. Calderon for AT&T Inc. (Calderon, Justin) (Filed on 11/2/2023)
November 2, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Anand Ravi Sambhwani for AT&T Inc. (Sambhwani, Anand) (Filed on 11/2/2023)
October 27, 2023 Opinion or Order Filing 9 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 12/14/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Case Management Statement due by 12/1/2023. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at #https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/27/2023)
October 27, 2023 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as Referral Judge assigned to case. Reassignment Order signed by Clerk on 10/27/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 10/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 26, 2023 Opinion or Order Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 10/26/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 26, 2023 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ganiyu Ayinla Jaiyeola.. (Jaiyeola, Ganiyu) (Filed on 10/26/2023)
October 26, 2023 Opinion or Order Filing 5 2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/9/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 10/26/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 18, 2023 Opinion or Order Filing 4 SUMMONS Returned Executed by Ganiyu Ayinla Jaiyeola. All Defendants. (Attachments: #1 Summons SUMMONS Returned Executed by Dr. Ganiyu Ayinla Jaiyeola., #2 Summons SUMMONS Returned Executed by Dr. Ganiyu Ayinla Jaiyeola.)(Jaiyeola, Ganiyu) (Filed on 10/18/2023)
October 11, 2023 Opinion or Order Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/2/2024. Initial Case Management Conference set for 1/9/2024 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cjl, COURT STAFF) (Filed on 10/11/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 11, 2023 Opinion or Order Filing 2 Summons Issued as to AT&T, T-Mobile US, Verizon Communications, Inc. (Attachments: #1 Summons, #2 Summons)(cjl, COURT STAFF) (Filed on 10/11/2023)
October 11, 2023 Opinion or Order Filing 1 COMPLAINT (with jury demand) against AT&T, T-Mobile US, Verizon Communications, Inc. (Filing fee $ 402.00, Receipt No. 511019078). Filed by Ganiyu A. Jaiyeola. Consent/Declination due by 10/25/2023. (Attachments: #1 Declaration, #2 Receipt, #3 Civil Cover Sheet)(cjl, COURT STAFF) (Filed on 10/11/2023)

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Plaintiff: Ganiyu Ayinla Jaiyeola
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Defendant: AT&T
Represented By: Justin J. Calderon
Represented By: Anand Ravi Sambhwani
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Defendant: T-Mobile US
Represented By: Joshua Louis Rayes
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Defendant: Verizon Communications, Inc.
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Defendant: AT&T Mobility, LLC
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Defendant: Apple Inc.
Represented By: Sara T. Schneider
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