Kim et al v. Apple, Inc.
Lillian Kim, Siria Luckey and David R. Deburro |
Apple, Inc. |
7:2013cv00286 |
June 10, 2013 |
US District Court for the Southern District of Texas |
McAllen Office |
Cameron |
Ricardo H. Hinojosa |
Contract: Other |
15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
Plaintiff |
Docket Report
This docket was last retrieved on April 27, 2015. A more recent docket listing may be available from PACER.
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Filing 64 AMENDED STIPULATION of Dismissal of the Entire Action with Prejudice by Apple, Inc., filed.(Mills, William) |
Case terminated on 1/27/2015. Parties notified.(jengonzalez, 7) |
Filing 63 STIPULATION of Dismissal With Prejudice and [Proposed] Order Thereon by Apple, Inc., filed.(Walsh, David) |
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) |
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) |
Filing 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) |
Filing 61 Order of USCA; judgment issued as mandate 10/7/2014.; USCA No. 14-40692. Appeal dismissed., filed.(bgarces, 7) |
Filing 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) |
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) |
Filing 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) |
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) |
Notice of Assignment of USCA No. 14-40692 re: 57 Notice of Appeal - Amended, 55 Notice of Appeal, filed.(bgarces, 7) |
USCA Appeal Fees received $ 505, receipt number MCA009362 re: 57 Notice of Appeal - Amended, filed.(bgarces, 7) |
Filing 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) |
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) |
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) |
Filing 57 Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Siria Luckey, filed.(Rosales, Omar) |
Filing 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) |
Filing 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) |
Filing 54 Notice of Filing of Official Transcript as to 53 Transcript. Party notified, filed. (atijerina, 7) |
Filing 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, ) |
Filing 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) |
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) |
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) |
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) |
Filing 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) |
Filing 50 SUPPLEMENT to 48 Reply in Support of Motion, by Lillian Kim, filed. (Attachments: # 1 Supplement to Exhibit 6, Complete Exhibit)(Rosales, Omar) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 43 ORDER granting 40 Motion for Protective Order.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7) |
Filing 42 Opposed MOTION to Strike 41 Notice (Other) by Lillian Kim, filed. Motion Docket Date 2/28/2014. (Attachments: # 1 Proposed Order)(Rosales, Omar) |
Filing 41 NOTICE of Dismissal of Claim as to Lillian Kim by Lillian Kim, filed. (Rosales, Omar) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 32 ANSWER to 1 Complaint by Apple, Inc., filed.(Walsh, David) |
Filing 34 Notice of Filing of Official Transcript as to 31 Transcript,. Party notified, filed. (atijerina, 7) |
Filing 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, ) |
Filing 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) |
Filing 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) |
Filing 28 ORDER striking 27 Motion for Class Certification.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, 7) |
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) |
Filing 27 Opposed MOTION to Certify Class by Lillian Kim, filed. Motion Docket Date 12/4/2013. (Attachments: # 1 Exhibit 1)(Rosales, Omar) |
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) |
Filing 26 REPLY in Support of 16 Opposed MOTION to Dismiss Complaint, filed by Apple, Inc.. (Walsh, David) |
Filing 25 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Apple, Inc., filed.(Walsh, David) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 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) |
Filing 20 NOTICE of Appearance by Carlos E. Hernandez, Jr. on behalf of Lillian Kim, filed. (Hernandez, Carlos) |
Filing 19 Opposed MOTION to Strike Class Allegations by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Attachments: # 1 Proposed Order)(Walsh, David) |
Filing 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) |
Filing 17 DECLARATION of Charstie Wheelock re: 16 Opposed MOTION to Dismiss Complaint, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Walsh, David) |
Filing 16 Opposed MOTION to Dismiss Complaint by Apple, Inc., filed. Motion Docket Date 9/6/2013. (Attachments: # 1 Proposed Order)(Walsh, David) |
Filing 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) |
Filing 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, ). |
Filing 13 CERTIFICATE OF INTERESTED PARTIES by Apple, Inc., filed.(Walsh, David) |
Filing 12 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, ) |
Filing 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) |
Filing 9 ORDER granting 6 Motion to Appear Pro Hac Vice for Kai S. Bartolomeo.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, ) |
Filing 8 ORDER granting 5 Motion to Appear Pro Hac Vice as to David M. Walsh.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, ) |
Filing 10 ORDER granting 7 Motion to Appear Pro Hac Vice for Purvi G. Patel.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(jengonzalez, ) |
Filing 7 MOTION for Purvi G. Patel to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David) |
Filing 6 MOTION for Kai S. Bartolomeo to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David) |
Filing 5 MOTION for David M. Walsh to Appear Pro Hac Vice by Apple, Inc., filed. Motion Docket Date 8/21/2013. (Walsh, David) |
Filing 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) |
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, ) |
Filing 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) |
Filing 2 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, ) |
Filing 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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