Custodero vs. Apple, Inc.
Plaintiff: Frank Custodero
Defendant: Apple, Inc.
Case Number: 5:2020cv01320
Filed: October 22, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Mae A D'Agostino
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2020 Filing 14 NOTICE of Appearance by Jeffrey D. Kuhn on behalf of Apple, Inc. (Kuhn, Jeffrey)
December 10, 2020 Filing 13 TEXT ORDER: granting #7 and #8 Motions for Limited Admission Pro Hac Vice. Attorneys Wesley W. Barnett and Dargan M. Ware are hereby admitted to practice in this action on behalf of Frank Custodero. Counsel are hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel are reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/10/2020. (nmk)
November 25, 2020 Filing 12 TEXT ORDER granting #9 Letter Request of defendant Apple, Inc. to extend the deadline to respond to the Complaint to 1/15/2021. The parties further agree that plaintiff shall have 60 days to oppose any motion filed by Apple in response to the Complaint, and Apple shall have 30 days to file a reply in response to such opposition. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/25/2020. (Baxter, Andrew)
November 25, 2020 Filing 11 Supplemental Admission documents re: #8 Motion for Limited Admission Pro Hac Vice,. (Lesser, Leonard)
November 25, 2020 Filing 10 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice,. (Lesser, Leonard)
November 25, 2020 Filing 9 Letter Motion from Apple Inc. for Apple, Inc. requesting Extension of time for Defendant Apple Inc. to respond to the Complaint submitted to Judge Hon. Andrew T. Baxter . (Alessi, Robert)
November 12, 2020 Notice of Filing Deficiency re: #8 Motion for Limited Admission Pro Hac Vice Dargan M. Ware. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
November 12, 2020 Notice of Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Wesley W. Barnett. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
November 10, 2020 Filing 8 MOTION for Limited Admission Pro Hac Vice of Dargan M. Ware, Esq. Filing fee $100, receipt number ANYNDC-5313045. filed by Frank Custodero. (Attachments: #1 Declaration Dargan M. Ware Declaration with Certificate of Good StandingOGS, #2 Declaration Declaration of Sponsor, Leonard F. Lesser, #3 Exhibit(s) ECF Registration) Motions referred to Andrew T. Baxter. (Lesser, Leonard)
November 10, 2020 Filing 7 MOTION for Limited Admission Pro Hac Vice of Wesley W. Barnett Filing fee $100, receipt number BNYNDC-5313042. filed by Frank Custodero. (Attachments: #1 Declaration Declaration of Applicant with Certificate of Good Standing, #2 Declaration Declaration of Sponsor, Leonard F. Lesser, #3 Exhibit(s) ECF Registration) Motions referred to Andrew T. Baxter. (Lesser, Leonard)
October 29, 2020 Filing 6 Summons Issued as to Apple, Inc. (jmb)
October 27, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS(ES): Frank Custodero is requesting summons(es) be issued as to #1 Complaint, (Lesser, Leonard)
October 27, 2020 Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (jmb)
October 27, 2020 Clerk notes that plaintiff's attorney was contacted for summonses for issuance. None were received, therefore the Clerk now directs the attorney to file a "Request for Issuance of Summonses" event in this case and attach the proposed summons in pdf format for this case once they are ready. Once filed, the Clerk will issue the summonses and file them in the case. Clerk also notes that the attorney selected 890 (Other Statutory Actions) for the nature of suit, but is not an option due to diversity. Clerk used 380 as the nature of suit. (jmb)
October 23, 2020 Filing 3 NOTICE OF ADMISSION REQUIREMENTS: as to Party Plaintiff; Attorneys' Wesley W. Barnett, Esq., D. Frank Davis, John E. Norris, Esq., and Dargan M. Ware, Esq., Telephone: 205.930.9900. Admissions due by 11/10/2020. {Copy served electronically upon Attorney Leonard Lesser and upon the four attorneys from David & Norris, LLP by regular mail, as no email addresses provided in closing of complaint for them} (jmb)
October 23, 2020 Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/21/2021 10:30 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/14/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb)
October 22, 2020 Filing 1 STATEWIDE CLASS ACTION COMPLAINT: against Apple, Inc. (Filing fee $400 receipt number ANYNDC-5290137) filed by Frank Custodero. (Attachments: #1 Exhibit - Copy of Complaint filed in the Northern District of California, #2 Civil Cover Sheet) (jmb)

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Plaintiff: Frank Custodero
Represented By: Leonard F. Lesser
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Defendant: Apple, Inc.
Represented By: Robert J. Alessi
Represented By: Jeffrey D. Kuhn
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