Owens et al v. Apple, Inc.
As Reported on Ars Technica, the Plaintiffs allege that Apple intentionally misleads consumers by marketing on their iTunes Gift Cards that songs are $0.99 when many are $1.29
| Daniel E. Owens and Barbara S. Owens |
| Apple, Inc. |
| 3:2009cv00479 |
| June 24, 2009 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| St. Clair |
| William D. Stiehl |
| Donald G. Wilkerson |
| Plaintiff |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 53
ORDER re 52 Status Report filed by Barbara S. Owens, Daniel E. Owens: Having reviewed the status report filed by Plaintiffs today(Doc. 52), the Court DIRECTS Plaintiffs to file another status report on June 9, 2011, unless action or events before then warrant the filing of an earlier report. [Status Report due by 6/9/2011]. Signed by Judge Michael J. Reagan on 3/9/11. (caa)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 52 STATUS REPORT by Barbara S. Owens, Daniel E. Owens. (Niemeyer, Mark) |
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Filing 51
ORDER. In light of the representation of the parties that the case has settled, 43 Motion for Protective Order and 45 Motion for Protective Order are DENIED without prejudice. Signed by Magistrate Judge Donald G. Wilkerson on 12/20/2010. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
ORDER: Plaintiff's counsel has advised the Court that this action has settled but that a 60-day order would not be appropriate because additional time is required for preliminary and final approval of the settlement. Accordingly, the Court DIRECTS the parties to file a joint status report by March 9, 2011, unless events warrant the filing of an earlier report. [Status Report due by 3/9/2011]. Signed by Judge Michael J. Reagan on 12/9/10. (caa)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 49 Minute Entry for Telephonic Status Conference held before Magistrate Judge Donald G. Wilkerson on 12/6/2010. Mark R. Niemeyer and James G. Onder appeared by phone on behalf of Plaintiffs; John W. Rogers and Andrew Muhlbach appeared by phone on behalf of Defendant. Parties informed the Court that the case has settled, but more than 60 days will be required to finalize settlement. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 48 Minute Entry for Telephonic Status Conference held before Magistrate Judge Donald G. Wilkerson on 11/2/2010. Mark R. Niemeyer and James G. Onder appeared by phone on behalf of Plaintiffs; John W. Rogers and Andrew Muhlbach appeared by phone on behalf of Defendant. The parties informed the Court that the October 2010 private mediation was successful, but many details remain unresolved. The parties reported that they would be meeting a second time with the private mediator to work out the final details of settlement. A second Telephonic Status Conference is set for 12/6/2010 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. At that conference the parties will report to the Court whether settlement has been finalized. Plaintiffs are directed to initiate the conference call by dialing the Court's teleconference number, (618) 482-9004, after all parties are on the line. The parties are reminded that the schedule previously entered by the Court remains in effect. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 47
ORDER. A Telephonic Status Conference is set for 11/2/2010 at 2:30 PM before Magistrate Judge Donald G. Wilkerson. Plaintiffs shall initiate the telephonic conference and call the Court's teleconference line (618/482-9004) after all parties are on the line. Signed by Magistrate Judge Donald G. Wilkerson on 10/4/2010. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 46
ORDER. The Court has been informed that the private mediation scheduled for 8/23/2010 was canceled and reset for 9/28/2010. In light of this change, Counsel for Plaintiff is directed to notify the Court by telephone by 10/1/2010 the results of that private mediation. Signed by Magistrate Judge Donald G. Wilkerson on 9/9/2010. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 45 Joint MOTION for Protective Order by Apple, Inc., Barbara S. Owens, Daniel E. Owens. (Rogers, John) |
| Filing 44 NOTICE OF ERRORS AND/OR DEFICIENCIES re 43 Motion for Protective Order filed by Barbara S. Owens, Daniel E. Owens. See attached document for specifics (jaj) |
| Filing 43 Joint MOTION for Protective Order by Barbara S. Owens, Daniel E. Owens. (Attachments: # 1 Proposed Protective Order)(Kruse, Michael) |
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Filing 42
ORDER. The Settlement Conference scheduled for 8/25/2010 is hereby VACATED. Counsel for plaintiff shall notify the Court by telephone by 8/25/2010 the results of the private mediation currently scheduled for 8/23/2010 in California. Signed by Magistrate Judge Donald G. Wilkerson on 6/4/2010. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
ORDER REGARDING DISCOVERY. Signed by Magistrate Judge Donald G. Wilkerson on 3/8/2010. (jmp)
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Filing 40
ORDER AND NOTICE OF SETTLEMENT CONFERENCE: Settlement Conference set for 8/25/2010 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp)
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Filing 39
SCHEDULING ORDER: Discovery due by 11/1/2010. Signed by Magistrate Judge Donald G. Wilkerson on 3/8/2010. (jmp)
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| Filing 38 Minute Entry for Telephonic Scheduling Conference held on 3/8/2010 before Magistrate Judge Donald G. Wilkerson. Michael S. Kruse, James G. Onder, and Mark R. Niemeyer appeared by phone on behalf of Plaintiffs; John W. Rogers and Kathy A. Wisniewski appeared by phone on behalf of Defendant. Scheduling orders to issue. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 37
ORDER granting 36 Motion to Appear Pro Hac Vice regarding Attorney Christopher Hood; 34 Motion to Appear Pro Hac Vice regarding Attorney Gayle L. Douglas; and 35 Motion to Appear Pro Hac Vice regarding Attorney W. Lewis Garrison, Jr. for Plaintiffs Daniel E. Owens and Barbara S. Owens. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 MOTION to Appear Pro Hac Vice by AttorneyChristopher B. Hood $100 fee paid,receipt number 0754-1047016 by on behalf of Barbara S. Owens, Daniel E. Owens. (Hood, Christopher) |
| Filing 35 MOTION to Appear Pro Hac Vice by AttorneyWilliam L. Garrison, Jr $100 fee paid,receipt number 0754-1047003 by on behalf of Barbara S. Owens, Daniel E. Owens. (Garrison, William) |
| Filing 34 MOTION to Appear Pro Hac Vice by AttorneyGayle L. Douglas $100 fee paid,receipt number 0754-1046988 by on behalf of Barbara S. Owens, Daniel E. Owens. (Douglas, Gayle) |
| Filing 33 ANSWER to 26 Amended Complaint by Apple, Inc..(Rogers, John) |
| Filing 32 NOTICE TO COUNSEL: Telephonic Scheduling/Discovery Conference set for 3/5/2010 at 2:00 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. (jmp) |
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Filing 31
ORDER granting 30 Motion for Extension of Time to Answer. Defendant Apple Inc. shall file a responsive pleading by 1/14/2010. Signed by Magistrate Judge Donald G. Wilkerson on 12/30/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 30 MOTION for Extension of Time to File Answer (Unopposed) by Apple, Inc.. (Rogers, John) |
| Filing 29 CJRA TRACK D assigned: Final Pretrial Conference is set for 7/8/2011, 10:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. Jury Trial is set for 7/25/2011, 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. Assigned by Judge Michael J. Reagan on 12/23/09. (acm) |
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Filing 28
ORDER denying 17 Motion to Dismiss. Signed by Judge Michael J. Reagan on 12/21/09. (caa)
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Filing 27
ORDER: In response to the Court's Order of December 8, 2009, Plaintiffs filed an amended complaint. The Court has verified that subject matter jurisdiction lies under 28 USC 1332, and a firm trial date now will be assigned. Signed by Judge Michael J. Reagan on 12/21/09. (caa)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 AMENDED COMPLAINT against Apple, Inc., filed by Daniel E. Owens, Barbara S. Owens.(Kruse, Michael) |
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Filing 25
ORDER Regarding Action due by 12/21/2009: This case comes before the undersigned District Judge on threshold review, the purpose of which is to ascertain whether federal subject matter jurisdiction lies under the federal diversity statute (28 U.S.C. 1332). The complaint fails to properly address the citizenship of Plaintiffs Daniel and Barbara Owens. Under the diversity statute, "district courts... have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and is a class action in which... (A) any member of a class of plaintiffs is a citizen of a State different from any defendant;..." 28 U.S.C. 1332(d)(2)(A). The complaint pleads Plaintiffs' "residence" as opposed to their "citizenship." The law of this Circuit plainly provides that residence and citizenship are not synonyms, and "it is the latter that matters for purposes of diversity jurisdiction." Camico Mutual Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir. 2007). Accordingly, the Court DIRECTS Plaintiffs' counsel - on or before 12/21/2009 - to file an amended complaint properly setting forth Plaintiffs' citizenship. [Action due by 12/21/2009]. Signed by Judge Michael J. Reagan on 12/8/09. (caa)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 REPLY to Response to Motion re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) |
| Filing 23 Corporate Disclosure Statement by Apple, Inc.. (Rogers, John) |
| Filing 22 RESPONSE in Opposition re 17 MOTION to Dismiss filed by Daniel E. Owens, Barbara S. Owens. (Niemeyer, Mark) |
| Filing 21 MEMORANDUM in Support re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) |
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Filing 20
ORDER: The Court GRANTS 19 Unopposed Motion for Leave to Withdraw Brief and File Substitute Brief. The Court hereby withdraws Apple's brief in support of its motion to dismiss (Doc. 18) and grants leave to file a corrected brief. Signed by Judge Michael J. Reagan on 082709. (caa)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Leave to File Unopposed Motion for Leave to Withdrawal Brief and File Substitute Brief by Apple, Inc.. (Rogers, John) |
| Filing 18 WITHDRAWN (See Order at doc. 20) - MEMORANDUM in Support re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) Modified on 8/27/2009 (tkm ). |
| Filing 17 MOTION to Dismiss by Apple, Inc.. Responses due by 9/28/2009 (Rogers, John) |
| Filing 16 NOTICE of Appearance by James G. Onder on behalf of Daniel E. Owens, Barbara S. Owens (Onder, James) |
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Filing 15
ORDER granting 9 Motion for Extension of Time to Answer. Defendant shall file a responsive pleading by 8/26/2009. Signed by Magistrate Judge Donald G. Wilkerson on 7/16/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE of Appearance by John W. Rogers on behalf of Apple, Inc. (Rogers, John) |
| Filing 13 REPLY to Response to Motion re 9 MOTION for Extension of Time to File Answer filed by Apple, Inc.. (Wisniewski, Kathy) |
| Filing 12 NOTICE OF ERRORS AND/OR DEFICIENCIES re 10 Response in Opposition to Motion filed by Barbara S. Owens, Daniel E. Owens. See attached document for specifics (tkm ) |
| Filing 11 NOTICE of Appearance by Mark R. Niemeyer on behalf of Daniel E. Owens, Barbara S. Owens (Niemeyer, Mark) |
| Filing 10 RESPONSE in Opposition re 9 MOTION for Extension of Time to File Answer filed by Daniel E. Owens, Barbara S. Owens. (Attachments: # 1 Proposed Order - Deleted)(Niemeyer, Mark) Modified on 7/15/2009 (tkm ). |
| Filing 9 MOTION for Extension of Time to File Answer by Apple, Inc.. (Wisniewski, Kathy) |
| Filing 8 NOTICE of Appearance by Kathy A. Wisniewski on behalf of Apple, Inc. (Wisniewski, Kathy) |
| Filing 7 SUMMONS Returned Executed by Daniel E. Owens, Barbara S. Owens. Apple, Inc. served on 7/6/2009, answer due 7/27/2009. (Attachments: # 1 Affidavit of Service)(Kruse, Michael) |
| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Return of Service Executed filed by Barbara S. Owens, Daniel E. Owens. See attached document for specifics (tkm ) |
| Filing 5 ENTRY STRICKEN - RETURN OF SERVICE EXECUTED by Daniel E. Owens, Barbara S. Owens on July 6, 2009. (Attachments: # 1 Affidavit of Service)(Kruse, Michael) Modified on 7/13/2009 (tkm ). |
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Filing 4
ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge Michael J. Reagan for all further proceedings. Signed by Judge William D. Stiehl on 06/30/09. (jkb)
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| Filing 3 Summons Issued as to Apple, Inc.. (lmt) |
| Filing 2 COMPLAINT against all defendants (Filing fee $ 350.), filed by Daniel E. Owens, Barbara S. Owens. (Attachments: # 1 Civil Cover Sheet)(Kruse, Michael) |
| Filing 1 Case Opened. Filing fee paid $350.00, Receipt Number 34625013797. Documents may now be electronically filed. Case number 09-479-WDS must be placed on all documents prior to filing them electronically. (Attachments: # 1 notice of consent to magistrate judge)(lmt) |
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