Kim et al v. Apple, Inc. Featured Case

Plaintiff: Lillian Kim, Siria Luckey and David R. Deburro
Defendant: Apple, Inc.
Case Number: 7:2013cv00286
Filed: June 10, 2013
Court: Texas Southern District Court
Office: McAllen Office
County: Cameron
Presiding Judge: Ricardo H. Hinojosa
Nature of Suit: Contract: Other
Cause of Action: 15:2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
January 27, 2015 Case terminated on 1/27/2015. Parties notified.(jengonzalez, 7)
January 27, 2015 64 AMENDED STIPULATION of Dismissal of the Entire Action with Prejudice by Apple, Inc., filed.(Mills, William)
January 26, 2015 63 STIPULATION of Dismissal With Prejudice and [Proposed] Order Thereon by Apple, Inc., filed.(Walsh, David)
December 10, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa Status Conference reset for 1/27/2015 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(jengonzalez, 7)
December 10, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa: granting 62 Joint MOTION for Continuance of Status Conference. Status Conference reset for 1/28/2015 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(bgarces, 7)
December 9, 2014 62 Joint MOTION for Continuance of of December 11, 2014 Status Conference to January 15, 2015 by Apple, Inc., filed. Motion Docket Date 12/30/2014. (Attachments: # 1 Proposed Order)(Walsh, David)
October 9, 2014 61 Order of USCA; judgment issued as mandate 10/7/2014.; USCA No. 14-40692. Appeal dismissed., filed.(bgarces, 7)
September 23, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa: granting 60 Joint MOTION for Continuance of September 24, 2014 Status Conference. Status Conference reset for 12/11/2014 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(bgarces, 7)
September 23, 2014 60 Joint MOTION for Continuance of September 24, 2014 Status Conference by Apple, Inc., filed. Motion Docket Date 10/14/2014. (Attachments: # 1 Proposed Order)(Walsh, David)
September 18, 2014 59 Transmittal Letter on Appeal Certified re: 57 Notice of Appeal. CDs containing the electronic record are being sent to counsel. (USCA No. 14-40692),filed.(bgarces, 7)
August 12, 2014 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 57 Notice of Appeal - Amended USCA No. 14-40692, filed.(bgarces, 7)
August 12, 2014 Notice of Assignment of USCA No. 14-40692 re: 57 Notice of Appeal - Amended, 55 Notice of Appeal, filed.(bgarces, 7)
July 31, 2014 USCA Appeal Fees received $ 505, receipt number MCA009362 re: 57 Notice of Appeal - Amended, filed.(bgarces, 7)
July 8, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa: granting 58 Unopposed MOTION for Continuance of Hearing Date set for 7/9/14. Status Conference reset for 9/24/2014 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(bgarces, 7)
July 8, 2014 58 Unopposed MOTION for Continuance of Hearing Date set for 7/9/14 by Siria Luckey, filed. Motion Docket Date 7/29/2014. (Attachments: # 1 Proposed Order)(Rosales, Omar)
July 8, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa: Status Conference for 7/09/2014 HAS BEEN RESET AS TO TIME ONLY TO 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified. (bgarces, 7)
July 2, 2014 57 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Siria Luckey, filed.(Rosales, Omar)
July 1, 2014 56 Notice of the Filing of an Appeal.. Fee status: Paid. The following Notice of Appeal and related motions are pending in the District Court: 55 Notice of Appeal, filed. (Attachments: # 1 Docket sheet, # 2 Notice of Appeal)(bgarces, 7)
June 28, 2014 55 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Siria Luckey (Filing fee $ 505, receipt number 0541-13354288), filed.(Rosales, Omar)
June 9, 2014 54 Notice of Filing of Official Transcript as to 53 Transcript. Party notified, filed. (atijerina, 7)
June 9, 2014 53 TRANSCRIPT re: STATUS CONFERENCE held on 5/30/14 before Chief Judge Ricardo H. Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KAI S. BARTOLOMEO Release of Transcript Restriction set for 9/8/2014., filed. (thudson, )
June 3, 2014 52 AO 435 TRANSCRIPT ORDER FORM by Kai Bartolomeo. This is to order a transcript of STATUS CONFERENCE held on May 30, 2014 before Chief Judge Ricardo H. Hinojosa (original). Transcriber: Exceptional Reporting, filed. (atijerina, 7)
May 30, 2014 Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. MOTION HEARING held on 5/30/2014.All parties present. The Court addresses Plaintiffs' Motion to Certify Class. Arguments of counsel. The Court makes its findings and DENIES 30 Opposed MOTION to Certify Class. As to the remaining motions dkt #'s 36, 37 and 44 are MOOT. Plaintiff's counsel announces they will possibly be filing a motion to dismiss. The Court sets a Status Conference for 7/9/2014 at 02:30 PM before Chief Judge Ricardo H. Hinojosa. If the motion is filed and order entered, the parties do not need to be present. Appearances: David M. Walsh, Kai S Bartolomeo, Omar Weaver Rosales, Carlos E Hernandez, Jr.(ERO:Tony Tijerina (2:46-3:03), filed.(smartinez, 7)
April 17, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa Status Conference set for 5/15/2014 has been reset to 5/30/2014 at 02:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(jengonzalez, 7)
March 31, 2014 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa granting 51 Unopposed MOTION for Continuance of April 3, 2014 Status Conference and Hearing on Motion for Class Certification ( Status Conference reset for 5/15/2014 at 02:30 PM before Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, 7)
March 17, 2014 51 Unopposed MOTION for Continuance of April 3, 2014 Status Conference and Hearing on Motion for Class Certification by Apple, Inc., filed. Motion Docket Date 4/7/2014. (Attachments: # 1 Proposed Order)(Walsh, David)
March 11, 2014 50 SUPPLEMENT to 48 Reply in Support of Motion, by Lillian Kim, filed. (Attachments: # 1 Supplement to Exhibit 6, Complete Exhibit)(Rosales, Omar)
March 4, 2014 49 NOTICE of Resetting. Parties notified. Status Conference reset for 4/3/2014 at 02:30 PM before Chief Judge Ricardo H. Hinojosa, filed. (previously set for 3/6/14) (bgarces, 7)
March 2, 2014 48 REPLY in Support of 30 Opposed MOTION to Certify Class, filed by Lillian Kim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Proposed Order)(Rosales, Omar)
February 28, 2014 47 RESPONSE in Opposition to 42 Opposed MOTION to Strike 41 Notice (Other) , filed by Apple, Inc.. (Attachments: # 1 Affidavit of Kai S. Bartolomeo, # 2 Exhibit A to Affidavit of Kai S. Bartolomeo, # 3 Proposed Order)(Walsh, David)
February 26, 2014 46 RESPONSE in Opposition to 30 Opposed MOTION to Certify Class, filed by Apple, Inc.. (Attachments: # 1 Affidavit David M. Walsh, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Walsh, David)
February 18, 2014 45 RESPONSE in Opposition to 44 Opposed MOTION for Reconsideration of 43 Order on Motion for Emergency, Order on Motion for Protective Order, filed by Apple, Inc.. (Attachments: # 1 Proposed Order [Proposed] Order Denying Motion for Reconsideration)(Walsh, David)
February 12, 2014 44 Opposed MOTION for Reconsideration of 43 Order on Motion for Emergency, Order on Motion for Protective Order by Lillian Kim, filed. Motion Docket Date 3/5/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Rosales, Omar)
February 9, 2014 43 Featured Case ORDER granting 40 Motion for Protective Order.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7)
February 7, 2014 42 Opposed MOTION to Strike 41 Notice (Other) by Lillian Kim, filed. Motion Docket Date 2/28/2014. (Attachments: # 1 Proposed Order)(Rosales, Omar)
February 6, 2014 41 NOTICE of Dismissal of Claim as to Lillian Kim by Lillian Kim, filed. (Rosales, Omar)
January 31, 2014 40 Opposed EMERGENCY MOTION, MOTION for Protective Order( Motion Docket Date 2/21/2014.) by Apple, Inc., filed. (Attachments: # 1 Affidavit Heather Grenier, # 2 Affidavit David M. Walsh, # 3 Exhibit A through E, # 4 Exhibit F through K, # 5 Proposed Order)(Walsh, David)
December 15, 2013 39 RESPONSE in Opposition to 36 Opposed MOTION for Extension of Time Respond to Plaintiffs' Merits Discovery, filed by Lillian Kim. (Attachments: # 1 Supplement Attachment 1, # 2 Proposed Order)(Rosales, Omar)
December 13, 2013 38 RESPONSE in Opposition to 37 Opposed MOTION to Compel Discovery, filed by Apple, Inc.. (Attachments: # 1 Affidavit David M. Walsh, # 2 Proposed Order)(Walsh, David)
December 11, 2013 37 Opposed MOTION to Compel Discovery by Lillian Kim, filed. Motion Docket Date 1/2/2014. (Attachments: # 1 Supplement Attachment 1, # 2 Proposed Order)(Rosales, Omar)
December 11, 2013 36 Opposed MOTION for Extension of Time Respond to Plaintiffs' Merits Discovery by Apple, Inc., filed. Motion Docket Date 1/2/2014. (Attachments: # 1 Affidavit David M. Walsh, # 2 Proposed Order)(Walsh, David)
December 3, 2013 35 RESPONSE in Opposition to 33 Opposed MOTION to Quash Depositions on Dec 5, Dec 9, filed by Apple, Inc.. (Attachments: # 1 Affidavit David M. Walsh, # 2 Exhibit A through I, # 3 Proposed Order)(Walsh, David)
December 2, 2013 33 Opposed MOTION to Quash Depositions on Dec 5, Dec 9 by Lillian Kim, filed. Motion Docket Date 12/23/2013. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Rosales, Omar)
November 26, 2013 32 ANSWER to 1 Complaint by Apple, Inc., filed.(Walsh, David)
November 25, 2013 34 Notice of Filing of Official Transcript as to 31 Transcript,. Party notified, filed. (atijerina, 7)
November 25, 2013 31 TRANSCRIPT re: INITIAL PRETRIAL AND SCHEDULING CONFERENCE held on 10/9/13 before Chief Judge Ricardo H. Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KAI S. BARTOLOMEO Release of Transcript Restriction set for 2/24/2014., filed. (thudson, )
November 22, 2013 30 Opposed MOTION to Certify Class by Lillian Kim, filed. Motion Docket Date 12/13/2013. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Rosales, Omar)
November 20, 2013 29 MOTION to Quash Depositions on Nov 25-26, 2013 by Lillian Kim, filed. Motion Docket Date 12/11/2013. (Attachments: # 1 Proposed Order)(Rosales, Omar)
November 16, 2013 28 Featured Case ORDER striking 27 Motion for Class Certification.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7)
November 15, 2013 AO 435 TRANSCRIPT ORDER FORM by Kai S. Bartolomeo. This is to order a transcript of INITIAL PRETRIAL & SCHEDULING CONFERENCE held on October 9, 2013 before Chief Judge Ricardo H. Hinojosa (original). Transcriber: Exceptional Reporting, filed. (atijerina, 7)
November 13, 2013 27 Opposed MOTION to Certify Class by Lillian Kim, filed. Motion Docket Date 12/4/2013. (Attachments: # 1 Exhibit 1)(Rosales, Omar)
October 9, 2013 Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. Case called on the docket for INITIAL PRETRIAL AND SCHEDULING CONFERENCE on 10/9/2013. All parties present. Court notes there are pending motions. Arguments held. Court DENIES - 15 MOTION to Transfer Case to US District Court for the Northern District of California; GRANTS in part without prejudice - 16 Opposed MOTION to Dismiss Complaint; DENIES without prejudice - 19 Opposed MOTION to Strike Class Allegations. Court inquires as to whether parties are requesting for a docket control order. Parties are in agreement with a status conference date. Court sets case for Status Conference on 12/5/2013 at 02:30 PM before Chief Judge Ricardo H. Hinojosa. Appearances:Mike Mills. Purvi G Patel, Omar Weaver Rosales.(ERO:Tony Tijerina (3:42-3:52), filed.(nvaldez, 7)
October 1, 2013 26 REPLY in Support of 16 Opposed MOTION to Dismiss Complaint, filed by Apple, Inc.. (Walsh, David)
September 27, 2013 25 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Apple, Inc., filed.(Walsh, David)
September 7, 2013 24 EXHIBITS re: 23 Response in Opposition to Motion by Lillian Kim, filed. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Rosales, Omar)
September 6, 2013 23 RESPONSE in Opposition to 15 MOTION to Transfer Case to US District Court for the Northern District of California, filed by Lillian Kim. (Rosales, Omar)
September 5, 2013 22 RESPONSE in Opposition to 19 Opposed MOTION to Strike Class Allegations, filed by Lillian Kim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rosales, Omar)
September 5, 2013 21 RESPONSE in Opposition to 16 Opposed MOTION to Dismiss Complaint, filed by Lillian Kim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosales, Omar)
August 22, 2013 20 NOTICE of Appearance by Carlos E. Hernandez, Jr. on behalf of Lillian Kim, filed. (Hernandez, Carlos)
August 16, 2013 19 Opposed MOTION to Strike Class Allegations by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Attachments: # 1 Proposed Order)(Walsh, David)
August 16, 2013 18 NOTICE Request for Judicial Notice In Support of Motion to Dismiss re: 16 Opposed MOTION to Dismiss Complaint by Apple, Inc., filed. (Attachments: # 1 Proposed Order)(Walsh, David)
August 16, 2013 17 DECLARATION of Charstie Wheelock re: 16 Opposed MOTION to Dismiss Complaint, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walsh, David)
August 16, 2013 16 Opposed MOTION to Dismiss Complaint by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Attachments: # 1 Proposed Order)(Walsh, David)
August 16, 2013 15 MOTION to Transfer Case to US District Court for the Northern District of California by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Walsh, David)
August 16, 2013 14 **DUPLICATE ENTRY TO DE 15 : MOTION to Transfer Case to US District Court for the Northern District of California by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Walsh, David) Modified on 8/19/2013 (bgarces, ).
August 16, 2013 13 CERTIFICATE OF INTERESTED PARTIES by Apple, Inc., filed.(Walsh, David)
August 13, 2013 12 Featured Case ORDER granting 11 Motion for Extension of Time to Respond to Complaint is August 16, 2013.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, )
August 12, 2013 11 Unopposed MOTION for Extension of Time Respond to Complaint by Apple, Inc., filed. Motion Docket Date 9/3/2013. (Attachments: # 1 Proposed Order)(Walsh, David)
August 1, 2013 9 Featured Case ORDER granting 6 Motion to Appear Pro Hac Vice for Kai S. Bartolomeo.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, )
August 1, 2013 8 Featured Case ORDER granting 5 Motion to Appear Pro Hac Vice as to David M. Walsh.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, )
July 31, 2013 10 Featured Case ORDER granting 7 Motion to Appear Pro Hac Vice for Purvi G. Patel.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, )
July 31, 2013 7 MOTION for Purvi G. Patel to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David)
July 31, 2013 6 MOTION for Kai S. Bartolomeo to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David)
July 31, 2013 5 MOTION for David M. Walsh to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David)
July 26, 2013 Featured Case ORAL ORDER by Chief Judge Ricardo H. Hinojosa re: 4 Joint MOTION for Continuance of Stipulated Joint Motion to Continue August 7, 2013 Initial Pretrial and Scheduling Conference ( Initial Conference reset for 10/9/2013 at 02:30 PM before Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, )
July 26, 2013 4 Joint MOTION for Continuance of Stipulated Joint Motion to Continue August 7, 2013 Initial Pretrial and Scheduling Conference by Apple, Inc., filed. Motion Docket Date 8/16/2013. (Attachments: # 1 Proposed Order)(Walsh, David)
July 25, 2013 3 STIPULATION re: Joint Stipulation to Continue August 7, 2013 Initial Pretrial and Scheduling Conference by Apple, Inc., filed. (Attachments: # 1 Proposed Order)(Walsh, David)
June 10, 2013 2 Featured Case ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/7/2013 at 02:30 PM before Chief Judge Ricardo H. Hinojosa(by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, )
June 10, 2013 1 COMPLAINT against Apple, Inc. (Filing fee $ 400 receipt number 0541-11541944) filed by Lillian Kim. (Attachments: # 1 Civil Cover Sheet)(Rosales, Omar)

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Plaintiff: Lillian Kim
Represented By: Omar Weaver Rosales
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Plaintiff: Siria Luckey
Represented By: Omar Weaver Rosales
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Plaintiff: David R. Deburro
Represented By: Omar Weaver Rosales
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Defendant: Apple, Inc.
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