"The Apple iPod iTunes Anti-Trust Litigation"

Plaintiff alleged that defendant Apple Computer, Inc. unlawfully bundled and tied digital music files sold through the Apple iTunes Music Store to its own iPod portable digital music player.
Plaintiffs:Melanie Tucker, Somtai Troy Charoensak, Mariana Rosen, Plaintiffs and Stacie Somers
Defendants:Apple Inc.
 
Case Number:5:2005cv00037
Filed:January 3, 2005
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:San Diego
Presiding Judge:Hon. James Ware
Referring Judge:Magistrate Judge Patricia V. Trumbull
 
Nature of Suit:Other Statutes - Other Statutory Actions
Cause:15:1 Antitrust Litigation
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
January 3, 20051COMPLAINT (Summons Issued); jury demand; against Apple Computer, Inc. ( Filing fee $ 150, receipt number 5511509.). Filed byThomas William Slattery. (bw, COURT STAFF) (Filed on 1/3/2005) Additional attachment(s) added on 1/5/2005 (bw, COURT STAFF). Additional attachment(s) added on 1/5/2005 (bw, COURT STAFF).
January 3, 20052ADR SCHEDULING ORDER: Case Management Statement due by 5/3/2005. Case Management Conference set for 5/10/2005 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 1/3/2005)
January 5, 20053Declination to Proceed Before a U.S. Magistrate Judge by Thomas William Slattery and Request for Reassignment to a United States District Judge. (Godino, Marc) (Filed on 1/5/2005)
January 5, 20054CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 1/5/2005)
January 5, 20055Court Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge James Ware for all further proceedings. Magistrate Judge Patricia V Trumbull remains as the referral judge. Signed by Executive Committee on 1/5/05. (bw, COURT STAFF) (Filed on 1/5/2005)
January 24, 20056STIPULATION EXTENDING DEADLINE TO FILE RESPONSIVE PLEADING by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Sand, Adam) (Filed on 1/24/2005)
January 24, 20057CERTIFICATE OF SERVICE by Apple Computer, Inc. re 6 Stipulation (Sand, Adam) (Filed on 1/24/2005)
January 24, 20058CERTIFICATE OF SERVICE by Thomas William Slattery OF SUMMONS AND COMPLAINT ON DEFENDANT APPLE COMPUTER, INC. (Godino, Marc) (Filed on 1/24/2005)
January 24, 20059CERTIFICATE OF SERVICE by Thomas William Slattery OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT APPLE COMPUTER, INC. (Godino, Marc) (Filed on 1/24/2005)
February 10, 200510MOTION to Dismiss Class Action Complaint filed by Apple Computer, Inc.. Motion Hearing set for 3/21/2005 09:00 AM. (Attachments: # 1 Appendix Stein v. Pacific Bell Telephone Co., No. C 00-2915 SI (N.D. Cal. 2004)# 2 Proposed Order Dismissing Complaint of Thomas William Slattery)(Mittelstaedt, Robert) (Filed on 2/10/2005)
February 10, 200511CERTIFICATE OF SERVICE by Apple Computer, Inc. re 10 MOTION to Dismiss Class Action Complaint , Appendix and [Proposed] Order Dismissing Complaint of Thomas William Slattery (Mittelstaedt, Robert) (Filed on 2/10/2005)
February 18, 200514Certificate of Interested Entities or Persons (Mitchell, Caroline) (Filed on 2/18/2005)
February 18, 200515CERTIFICATE OF SERVICE by Apple Computer, Inc. re 14 Certificate of Interested Entities (Mitchell, Caroline) (Filed on 2/18/2005)
February 28, 200516Memorandum in Opposition to Defendant's Motion to Dismiss Class Action Complaint filed byThomas William Slattery. (Braun, Michael) (Filed on 2/28/2005)
February 28, 200517Proposed Order Denying Defendant's Motion to Dismiss Class Action Complaint by Thomas William Slattery. (Braun, Michael) (Filed on 2/28/2005)
March 7, 200518RESPONSE in Support of Its Motion to Dismiss Class Action Complaint filed byApple Computer, Inc.. (Mittelstaedt, Robert) (Filed on 3/7/2005)
March 7, 200519CERTIFICATE OF SERVICE by Apple Computer, Inc. re 18 Response in Support of Its Motion to Dismiss Class Action Complaint (Mittelstaedt, Robert) (Filed on 3/7/2005)
March 8, 200520Court Opinion or Order ORDER Continuing Hearing Regarding Defendant's Motion to Dismiss Class Action Complaint. Signed by Judge James Ware on March 8, 2005. (jwlc2, COURT STAFF) (Filed on 3/8/2005)
June 6, 200523Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint filed byThomas William Slattery. (Godino, Marc) (Filed on 6/6/2005)
June 6, 200524Declaration of Marc L. Godino in Support of 23 Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint filed byThomas William Slattery. (Related document(s) 23 ) (Godino, Marc) (Filed on 6/6/2005)
June 6, 200525Proposed Order Granting Plaintiff's Request for Judicial Notice in Support of His Opposition to Defendant's Motion to Dismiss Complaint by Thomas William Slattery. (Godino, Marc) (Filed on 6/6/2005)
June 7, 200526Minute Entry: Motion Hearing held on 6/6/2005 before James Ware (Date Filed: 6/7/2005). (Court Reporter I. Rodriguez.) (mp, COURT STAFF) (Date Filed: 6/7/2005)
June 10, 200527RESPONSE to re 23 Request for Judicial Notice by Apple Computer, Inc.. (Sand, Adam) (Filed on 6/10/2005)
June 10, 200528Declaration of Adam R. Sand in Support of 27 Response ( Non Motion ) to Plaintiff's Request for Judicial Notice filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A and B)(Related document(s) 27 ) (Sand, Adam) (Filed on 6/10/2005)
June 10, 200529CERTIFICATE OF SERVICE by Apple Computer, Inc. re 27 Response ( Non Motion ), 28 Declaration in Support, (Sand, Adam) (Filed on 6/10/2005)
June 14, 200530STIPULATION to Continue Case Management Conference and (Proposed) Order by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Mittelstaedt, Robert) (Filed on 6/14/2005)
June 15, 200531Court Opinion or Order ORDER CONTINUING CASE MANAGMENT CONFERENCE. Signed by Judge James Ware on June 15, 2005. jwlc4, COURT STAFF) (Filed on 6/15/2005)
June 15, 200532Court Opinion or Order AMENDED ORDER CONTINUING CASE MANAGMENT CONFERENCE. Signed by Judge James Ware on June 15, 2005. (jwlc4, COURT STAFF) (Filed on 6/15/2005)
August 9, 200533Court Opinion or Order ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on August 9, 2005. jwlc4, COURT STAFF) (Filed on 8/9/2005)
September 7, 200534Letter from Tracy Strong, atty. JONES DAY re: Case Management Conference. (Strong, Tracy) (Filed on 9/7/2005)
September 9, 200535Court Opinion or Order ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION TO DISMISS. Signed by Judge James Ware on September 9, 2005. (jwlc3, COURT STAFF) (Filed on 9/9/2005)
September 14, 200536Court Opinion or Order ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on September 14, 2005. (jwlc3, COURT STAFF) (Filed on 9/14/2005)
September 23, 200537AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against Apple Computer, Inc.. Filed byThomas William Slattery. (Braun, Michael) (Filed on 9/23/2005)
October 11, 200538STIPULATION EXTENDING TIME TO FILE ANSWER TO FIRST AMENDED COMPLAINT by Apple Computer, Inc.. (Attachments: # 1 Proof of Service)(Mittelstaedt, Robert) (Filed on 10/11/2005)
October 18, 200539Answer to Amended Complaint 37 Amended Complaint (First) byApple Computer, Inc.. (Mitchell, Caroline) (Filed on 10/18/2005)
October 18, 200540CERTIFICATE OF SERVICE by Apple Computer, Inc. re 39 Answer to Amended Complaint (Mitchell, Caroline) (Filed on 10/18/2005)
October 31, 200541JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Thomas William Slattery. (Braun, Michael) (Filed on 10/31/2005)
November 15, 200542Court Opinion or Order ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on November 15, 2005. (jwlc3, COURT STAFF) (Filed on 11/15/2005)
November 16, 200543Minute Entry: Case Management Conference held on 11/14/2005 before Judge James Ware (Date Filed: 11/16/2005), Date Filed: 11/16/2005). Plaintiff's Motion for Class Certification set for 5/15/2006 09:00 AM. (Court Reporter not reported.) (mp, COURT STAFF) (Date Filed: 11/16/2005)
February 21, 200644Declaration of Tracy M. Strong in Support of Apple Computer, Inc.'s Administrative Request for Leave to File Motion for Summary Judgment filed byApple Computer, Inc.. (Attachments: # 1 # 2 Proposed Order # 3 # 4 # 5)(Strong, Tracy) (Filed on 2/21/2006)
March 6, 200646Letter from Michael D. Braun, Counsel for Plaintiff To The Honorable James Ware. (Braun, Michael) (Filed on 3/6/2006)
March 8, 200647Letter from Robert Mittelstaedt of Jones Day to the Honorable James Ware. (Strong, Tracy) (Filed on 3/8/2006)
March 20, 200652AMENDED DOCUMENT by Thomas William Slattery. AMENDED PROOF OF SERVICE. (Braun, Michael) (Filed on 3/20/2006)
March 20, 200653ERRATA IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT by Thomas William Slattery, Thomas William Slattery. (Braun, Michael) (Filed on 3/20/2006)
March 23, 200655Court Opinion or Order ORDER DENYING DEFENDANT'S REQUEST FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT; SETTING HEARING FOR PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on March 23, 2006. (jwlc3, COURT STAFF) (Filed on 3/23/2006)
March 24, 200656CERTIFICATE OF SERVICE by Thomas William Slattery PROOF OF SERVICE OF ORDER GRANTING PLAINTIFF'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL (Braun, Michael) (Filed on 3/24/2006)
March 24, 200657First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION" filed by Thomas William Slattery. Motion Hearing set for 5/8/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Braun, Michael) (Filed on 3/24/2006)
March 24, 200658MEMORANDUM in Support re 57 First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION" filed byThomas William Slattery. (Related document(s) 57 ) (Braun, Michael) (Filed on 3/24/2006)
March 24, 200659Declaration of Michael D. Braun in Support of 57 First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION", 58 Memorandum in Support filed byThomas William Slattery. (Related document(s) 57 , 58 ) (Braun, Michael) (Filed on 3/24/2006)
April 17, 200663Memorandum in Opposition to Motion for Leave to File Second Amended Complaint filed byApple Computer, Inc.. (Strong, Tracy) (Filed on 4/17/2006)
April 17, 200664DECLARATION of Tracy M. Strong in Opposition to 63 Memorandum in Opposition to Motion for Leave to File Second Amended Complaint filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 63 ) (Strong, Tracy) (Filed on 4/17/2006)
April 24, 200665Reply Memorandum of Points and Authorities in Support of Plaintiff's Motion for Leave to File a Second Amended Complaint filed byThomas William Slattery. (Braun, Michael) (Filed on 4/24/2006)
April 25, 200666JOINT CASE MANAGEMENT STATEMENT filed by Apple Computer, Inc.. (Strong, Tracy) (Filed on 4/25/2006)
May 4, 200667Court Opinion or Order ORDER RESCHEDULING HEARINGS ON MOTIONS. Signed by Judge James Ware on May 4, 2006. (jwlc3, COURT STAFF) (Filed on 5/4/2006)
May 24, 200668STIPULATION TO CONTINUE THE HEARING ON PLAINTIFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT by Apple Computer, Inc.. (Mittelstaedt, Robert) (Filed on 5/24/2006)
May 26, 200669Court Opinion or Order STIPULATION AND ORDER Motion Hearing continued to 6/30/2006 09:00 AM.. Signed by Judge JAMES WARE on 5/26/06. (mp, COURT STAFF) (Filed on 5/26/2006)
May 26, 200670Court Opinion or Order ORDER SCHEDULING HEARING ON PLAINTIFF'S MOTION. Signed by Judge James Ware on May 26, 2006. (jwlc3, COURT STAFF) (Filed on 5/26/2006)
June 2, 200671Minute Entry: Motion Hearing held on 6/2/2006 before James Ware (Date Filed: 6/2/2006). (Court Reporter LEE-ANNE SHORTRIDGE.) (mp, COURT STAFF) (Date Filed: 6/2/2006)
June 22, 200672Court Opinion or Order ORDER VACATING HEARING ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Signed by Judge James Ware on June 22, 2006. (jwlc3, COURT STAFF) (Filed on 6/22/2006)
August 17, 200673Court Opinion or Order ORDER GRANTING MOTION FOR LEAVE TO file a second AMENDED complaint filed within 15 days from the day of this order. Upon the filing of the second amended complaint, the clerk's office shall REMOVE Thomas William Slattery from the docket and make the appropriate changes so that the docket will reflect the names of the new plaintiff's. The Court, sua sponte, dismisses plaintiff Thomas William Slattery from the action. by Judge James Ware granting 57 60 . (jwlc3, COURT STAFF) (Filed on 8/17/2006) Modified text on 8/17/2006 (cv, COURT STAFF).
August 22, 200674Administrative Motion to Consider Whether Cases C05-37 JW and C06-4457 HRL Should Be Related -- Civil L.R. 3-12 filed by Melanie Tucker. (Stoia, John) (Filed on 8/22/2006) Modified text on 8/22/2006 (cv, COURT STAFF).
August 22, 200675STIPULATION re 74 MOTION to Related Case Administrative Motion to Consider Whether Cases Should Be Related -- Civil L.R. 3-12 by Melanie Tucker. (Attachments: # 1 Proposed Order)(Stoia, John) (Filed on 8/22/2006)
August 23, 200676Court Opinion or Order ORDER by Judge James Ware granting 74 Motion to Relate Cases C05-0037JW and C06-4457HRL. Magistrate Judge Lloyd no longer assigned to C06-4457HRL. (sp, COURT STAFF) (Filed on 8/23/2006)
August 28, 200677AMENDED COMPLAINT - SECOND AMENDED CLASS ACTION COMPLAINT against Apple Computer, Inc.. Filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 8/28/2006)
September 15, 200678MOTION to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims filed by Apple Computer, Inc.. Motion Hearing set for 11/20/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Strong, Tracy) (Filed on 9/15/2006)
September 15, 200679Proposed Order re 78 MOTION to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims by Apple Computer, Inc.. (Strong, Tracy) (Filed on 9/15/2006)
October 12, 200680CLERK'S NOTICE Case Management Conference previously set for 10/30/2006 at 10:00 am has been reset to 11/20/2006 10:00 AM. (ecg, COURT STAFF) (Filed on 10/12/2006)
October 30, 200681Memorandum in Opposition - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS COUNTS I-V AND VII OF THE SECOND AMENDED COMPLAINT filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 10/30/2006)
November 2, 200682NOTICE by Apple Computer, Inc. of Withdrawal of Motion to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims (Strong, Tracy) (Filed on 11/2/2006)
November 2, 200683Defendant's ANSWER to Complaint (Second Amended) byApple Computer, Inc.. (Strong, Tracy) (Filed on 11/2/2006)
November 17, 200684JOINT CASE MANAGEMENT STATEMENT Parties' Further Joint Case Management Statement And Proposed Order filed by Apple Computer, Inc.. (Strong, Tracy) (Filed on 11/17/2006)
November 21, 200685Minute Entry: Further Case Management Conference held on 11/20/2006 before James Ware (Date Filed: 11/21/2006). Motion Hearing set for 4/16/2007 09:00 AM and Further Case Management set for 3/19/2007 @ 10:00 AM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 11/21/2006)
November 21, 200686Court Opinion or Order ORDER Following Further Case Management Conference. Please see Order for specfics. Signed by Judge James Ware on 11/21/2006. (ecg, COURT STAFF) (Filed on 11/21/2006)
December 11, 200687Proposed Order Stipulation and [Proposed] Protective Order Regarding Confidential Information by Apple Computer, Inc.. (Strong, Tracy) (Filed on 12/11/2006)
December 15, 200688Court Opinion or Order ORDER re 87 Parties' Proposed Form of Protective Order. Signed by Judge Patricia V. Trumbull on 12/15/06. (pvtlc1) (Filed on 12/15/2006)
December 21, 200689Amended Stipulation And [Proposed Order] Protective Order Regarding Confidential Information by Apple Computer, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Strong, Tracy) (Filed on 12/21/2006) Modified on 1/3/2007 (cv, COURT STAFF).
December 21, 200690Amendment to 89 Stipulation and Proposed Order re: Protective Order Regarding Confidential Information. (Strong, Tracy) (Filed on 12/21/2006) Modified on 1/3/2007 (cv, COURT STAFF).
January 17, 200791Court Opinion or Order AMENDED STIPULATION AND PROTECTIVE ORDER. Signed by Judge Patricia V. Trumbull on 1/17/07. (pvtlc1) (Filed on 1/17/2007)
January 18, 200792Court Opinion or Order ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. PLEASE SEE ORDER FOR SPECIFICS.Case Management Conference set for 3/5/2007 10:00 AM. Motion Hearing set for 3/5/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 1/18/2007. (ecg, COURT STAFF) (Filed on 1/18/2007)
January 22, 200793*** ERROR The attachment POSTED is UPSIDE DOWN *** MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed by Somtai Troy Charoensak, Mariana Rosen. Motion Hearing set for 4/16/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Braun, Michael) (Filed on 1/22/2007) Modified on 1/30/2007 (cv, COURT STAFF). Modified TEXT on 1/30/2007 (cv, COURT STAFF). document posted by counsel is upside down
January 22, 200794*** ERROR The attachment POSTED is upside down*** Declaration of Roy A. Katriel in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified on 1/30/2007 (cv, COURT STAFF). Modified TEXT on 1/30/2007, document posted by counsel is upside down. (cv, COURT STAFF).
January 22, 200795*** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT POSTED UPSIDE DOWN. PLEASE SEE DOCKET # 97 . *** Declaration of Dr. John Pisarkiewicz in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified on 1/25/2007 (ewn, COURT STAFF). Modified on 1/25/2007 (ewn, COURT STAFF). Modified text on 1/30/2007, document posted by counsel is upside down. (cv, COURT STAFF).
January 22, 200796Declaration of Lee Morse filed by Somtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified text on 1/30/2007, to conform with document posted by counsel (cv, COURT STAFF).
January 25, 200797Declaration of Dr. John Pisarkiewicz in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification, 95 Declaration in Support, CORRECTED AND REDACTED Declaration of Dr. John Pisarkiewicz in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 , 95 ) (Braun, Michael) (Filed on 1/25/2007)
January 25, 200798unopposed MOTION to Remove from the docket No. 95 inadvertently filed the declaration of Dr. John Pisarkiewicz Filed Pursuant To Civil L.R. 7-11 Document filed by Somtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 1/25/2007) Modified on 1/30/2007 (cv, COURT STAFF).
February 5, 2007101DECLARATION OF TRACY M. STRONG IN SUPPORT OF PLAINTIFFS' UNOPPOSED MOTION TO FILE THE DECLARATION OF DR. JOHN PISARKIEWICZ IN SUPPORT OF PLAINTIFFS' 93 MOTION FOR CLASS CERTIFICATION UNDER SEAL filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 99 ) (Strong, Tracy) (Filed on 2/5/2007) Modified on 2/7/2007 link to motion.(cv, COURT STAFF).
February 12, 2007102RESPONSE in Support Response of Plaintiffs Charoensak and Rosen to Order to Show Cause Why Cases Should Not Be Consolidated filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 2/12/2007)
February 12, 2007103Court Opinion or Order ORDER GRANTING re 99 unopposed motion for leave to file the declaration of Dr. J. Pisarkiewicz and 97 Declaration of Pisarkiewicz in Support SHALL REMAIN ON FILE AND BE PUBLICLY AVAILABLE., The Sealed version of the Declaration of Pisarkiewicz will be filed under seal... Signed by Judge James Ware on 2/12/07. (cv, COURT STAFF) (Filed on 2/12/2007) Additional attachment(s) added on 2/14/2007 (ecg, COURT STAFF).
March 6, 2007104Minute Entry: Show Cause Hearing Held in Chambers, Matter Submitted, Court to Issue Further Order re 92 ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. PLEASE SEE ORDER FOR SPECIFICS (Date Filed: 3/6/2007). (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 3/6/2007)
March 15, 2007105Court Opinion or Order ORDER VACATING CASE MANAGEMENT CONFERENCE ON 3/19/2007. PLEASE SEE ORDER FOR SPECIFICS. Signed by Judge James Ware on 3/14/2007. (ecg, COURT STAFF) (Filed on 3/15/2007)
March 21, 2007106Court Opinion or Order ORDER by Judge James Ware Consolidating Related Cases; The CLERK shall CONSOLIDATE these related cases WITH the earlier filed action, C05-0037 JW, is the LEAD CASE. ALL FUTURE filings shall be in THE LEAD CASE C05-0037 JW and bear the CAPTION "The Apple iPod iTunes Anti-Trust Litigation"; Appointing Co-Lead Counsel. WITHIN 30 days of the date of this Order plaintiffs SHALL FILE a CONSOLIDATED COMPLAINT. Signed by Judge James Ware on 3/20/2007. (jwlc2, COURT STAFF) (Filed on 3/21/2007)
April 19, 2007107AMENDED COMPLAINT Consolidated Complaint for Violations of Sherman Antitrust Act, Clayton Act, Cartwright Act, California Unfair Competition Law, Consumer Legal Remedies Act, and California Common Law of Monopolization against all plaintiffs. Filed byMelanie Tucker, Somtai Troy Charoensak, Mariana Rosen. (Sweeney, Bonny) (Filed on 4/19/2007)
May 4, 2007108STIPULATION re 107 Amended Complaint, by Apple Inc.. (Strong, Tracy) (Filed on 5/4/2007)
May 7, 2007109Court Opinion or Order STIPULATION AND ORDER Granting extension of time to respond to complaint by 6/6/2007 re 108 Stipulation filed by Apple Inc. Signed by Judge James Ware on 5/7/2007. (ecg, COURT STAFF) (Filed on 5/7/2007)
June 6, 2007110ANSWER to Complaint (Consolidated) and Defenses byApple Inc.. (Strong, Tracy) (Filed on 6/6/2007)
June 12, 2007111Stipulation and [Proposed] Protective Order Regarding Confidential Information by Apple Inc.(Strong, Tracy) (Filed on 6/12/2007) Modified on 6/15/2007 (cv, COURT STAFF).
June 13, 2007112Court Opinion or Order STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. Signed by Judge Patricia V. Trumbull on June 13, 2007. (pvtlc2, COURT STAFF) (Filed on 6/13/2007)
June 15, 2007113NOTICE of Appearance by Gregory Steven Weston (Weston, Gregory) (Filed on 6/15/2007)
June 22, 2007114NOTICE of Appearance by Andrew S. Friedman (Friedman, Andrew) (Filed on 6/22/2007)
June 28, 2007117STIPULATION AND PROPOSED ORDER GOVERNING ELECTRONIC DISCOVERY FORMATS by Melanie Tucker. (Attachments: # 1 Supplement Table 1)(Weston, Gregory) (Filed on 6/28/2007)
June 29, 2007118Court Opinion or Order STIPULATION AND ORDER Governing Electronic Discovery Formats. Signed by Judge Patricia V. Trumbull on 6/29/07. (pvtlc1) (Filed on 6/29/2007)
July 9, 2007119MOTION to clarify whether the discovery bifurcation provision of the case management order Pursuant to Civil Local Rule 7-11 filed by Melanie Tucker. (Sweeney, Bonny) (Filed on 7/9/2007) Modified on 7/11/2007 (cv, COURT STAFF).
July 9, 2007120Proposed Order re: 119 Governing Discovery by Melanie Tucker. (Sweeney, Bonny) (Filed on 7/9/2007) Modified text on 7/11/2007, (counsel failed to properly link to motion) (cv, COURT STAFF).
July 9, 2007121Proposed Order re: 119 [Alternative Proposed] Order Governing Discovery by Melanie Tucker. (Sweeney, Bonny) (Filed on 7/9/2007) Modified text on 7/11/2007, (counsel failed to properly link to motion)(cv, COURT STAFF).
July 9, 2007122Declaration of Bonny E. Sweeney in Support of Plaintiffs' 119 Motion for Administrative Relief Pursuant to Civil L.R. 7-11 filed by Melanie Tucker. (Sweeney, Bonny) (Filed on 7/9/2007) Modified text on 7/11/2007,(counsel failed to properly link to motion) (cv, COURT STAFF).
July 12, 2007123Memorandum in Opposition re 119 MOTION for Administrative Relief to clarify whether the discovery bifurcation provision of the case management order Pursuant to Civil Local Rule 7-11 filed byApple Inc.. (Attachments: # 1 Proposed Order Denying Plaintiffs' Motion for Administrative Relief)(Mittelstaedt, Robert) (Filed on 7/12/2007)
July 12, 2007124Declaration of Tracy M. Strong in Support of 123 Memorandum in Opposition, re 119 Motion for Administrative Relief to clarify whether the discovery bifurcation provision of the case management order Pursuant to Civil Local Rule 7-11 filed byApple Inc.. (Related document(s) 123 ) (Strong, Tracy) (Filed on 7/12/2007)
July 12, 2007125CERTIFICATE OF SERVICE by Apple Inc. re 123 Memorandum in Opposition, 124 Declaration in Support, (Mittelstaedt, Robert) (Filed on 7/12/2007)
July 20, 2007128Court Opinion or Order ORDER re: 119 Plaintiffs' Motion for Administrative Relief (jwlc2, COURT STAFF) (Filed on 7/20/2007)
September 13, 2007129NOTICE by Melanie Tucker, Mariana Rosen Notice of Firm Name Change (Sweeney, Bonny) (Filed on 9/13/2007)
October 3, 2007130NOTICE of Change of Address by Michael David Braun (Braun, Michael) (Filed on 10/3/2007)
October 16, 2007131Memorandum in Opposition to Administrative Motion to Consider Whether C05-37 JW and C07-5152 RS Cases Should Be Related filed by Plaintiffs. (Attachments: # 1 Proposed Order Civil Local Rule 3-12)(Sweeney, Bonny) (Filed on 10/16/2007) Modified text on 10/17/2007 (cv, COURT STAFF).
October 16, 2007132Memorandum in Opposition to Motion to Consider Whether C05-0037 JW and C07-5152 JW Cases Should be Related filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 10/16/2007) Modified on 10/17/2007 (cv, COURT STAFF). Modified on 10/22/2007 (cv, COURT STAFF).
December 3, 2007133MOTION to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs. Motion Hearing set for 1/8/2008 10:00 AM in Courtroom #5, 4th Floor, San Jose. (Sweeney, Bonny) (Filed on 12/3/2007)
December 3, 2007134Declaration of Bonny E. Sweeney in Support of 133 Motion to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Sweeney, Bonny) (Filed on 12/3/2007) Modified on 12/19/2007,(counsel failed to link to motion) (cv, COURT STAFF).
December 3, 2007135Proposed Order 133 motion to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification by Plaintiffs. (Sweeney, Bonny) (Filed on 12/3/2007) Modified on 12/19/2007,(counsel failed to link to motion) (cv, COURT STAFF).
December 6, 2007136Court Opinion or Order ORDER of Recusal. Signed by Judge Patricia V. Trumbull on 12/5/07. (pvtlc1) (Filed on 12/6/2007)
December 7, 2007137MOTION to Amend/Correct Notice of Motion and Motion to Compel Defendant Apple, Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs. Motion Hearing set for 1/16/2008 09:30 AM in Courtroom #4, 5th Floor, San Jose. (Sweeney, Bonny) (Filed on 12/7/2007)
December 7, 2007138Declaration of Bonny E. Sweeney (Amended) in Support of Motion to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification re 137 filed byPlaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Sweeney, Bonny) (Filed on 12/7/2007) Modified on 1/11/2008 (cfe, Court Staff).
December 7, 2007139Proposed Order (Amended) Compelling Defendant Apple, Inc.'s Production of Documents Relating to Class Certification re 137 by Plaintiffs. (Sweeney, Bonny) (Filed on 12/7/2007) Modified on 1/11/2008 (cfe, Court Staff).
December 20, 2007140Stipulation Regarding Privileged Information by Apple Inc.. (Strong, Tracy) (Filed on 12/20/2007) Modified on 1/16/2008 (cfe, Court Staff).
December 20, 2007141CERTIFICATE OF SERVICE by Apple Inc. re 140 Stipulation (Strong, Tracy) (Filed on 12/20/2007)
December 21, 2007142Memorandum in Opposition re 133 MOTION to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification Apple's Opposition to Motion to Compel Production of Documents "Relating to Class Certification" filed byApple Inc.. (Strong, Tracy) (Filed on 12/21/2007)
December 21, 2007143Declaration of Tracy M. Strong in Support of 142 Memorandum in Opposition, Declaration of Tracy M. Strong in Support of Apple's Opposition to Motion to Compel Production of Documents "Relating to Class Certification" filed byApple Inc.. (Related document(s) 142 ) (Strong, Tracy) (Filed on 12/21/2007)
December 21, 2007144Declaration of Charles Lancaster in Support of 142 Memorandum in Opposition, Declaration of Charles Lancaster in Support of Apple's Opposition to Motion to Compel Production of Documents "Relating to Class Certification" filed byApple Inc.. (Related document(s) 142 ) (Strong, Tracy) (Filed on 12/21/2007)
December 21, 2007145Declaration of Steven Leung in Support of 142 Memorandum in Opposition, Declaration of Steven Leung in Support of Apple's Opposition to Motion to Compel Production of Documents "Relating to Class Certification" filed byApple Inc.. (Related document(s) 142 ) (Strong, Tracy) (Filed on 12/21/2007)
December 21, 2007146CERTIFICATE OF SERVICE by Apple Inc. re 143 Declaration in Support, 145 Declaration in Support, 142 Memorandum in Opposition, 144 Declaration in Support, (Strong, Tracy) (Filed on 12/21/2007)
January 2, 2008147Reply Memorandum re 137 MOTION to Amend/Correct Notice of Motion and Motion to Compel Defendant Apple, Inc.'s Production of Documents Relating to Class Certification Reply in Support of Plaintiffs' Motion to Compel Defendant Apple, Inc.'s Production of Documents Relating to Class Certification filed byPlaintiffs. (Sweeney, Bonny) (Filed on 1/2/2008)
January 14, 2008148MOTION TO Withdrawal as Attorney (Sweeney, Bonny) (Filed on 1/14/2008) Modified text on 1/23/2008,(counsel used incorrect event, correct event is motion, not Notice.) (cv, COURT STAFF).
January 16, 2008149Minute Entry: Motion Hearing not held on 1/16/2008 before Judge Richard Seeborg 133 MOTION to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs, ***Motions terminated: 137 MOTION to Amend/Correct Notice of Motion and Motion to Compel Defendant Apple, Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs, 133 MOTION to Compel Defendant Apple Inc.'s Production of Documents Relating to Class Certification filed by Plaintiffs.. Motion issues are resolved and motion is withdrawn from the calendar on joint request of counsel. (not reported.) (mpb, COURT STAFF) (Date Filed: 1/16/2008)
January 16, 2008150Court Opinion or Order ORDER Granting Withdrawal of Attorney Gregory Steven Weston as Counsel of Record re 148 Notice (Other) filed by Plaintiffs. Attorney Gregory Steven Weston terminated. Signed by Judge James Ware on 1/16/2008. (ecg, COURT STAFF) (Filed on 1/16/2008)
January 29, 2008151MOTION to Relate C07-6507 HRL, C05-37 JW, C06-4457 JW Cases filed by Stacie Somers. (Attachments: # 1 Stipulation of the Parties, # 2 Proposed Order)(Zeldes, Helen) (Filed on 1/29/2008) Modified on 1/30/2008 (cv, COURT STAFF).
February 15, 2008152Court Opinion or Order ORDER Granting (151) Motion to Relate Case in case 5:05-cv-00037-JW; ORDER Relating Case in case 5:06-cv-04457-JW; ORDER Relating case in C 07-06507 HRL. The Clerk shall relate and reassign C 07-06507 HRL Somers v. Apple Inc. to C 05-0037 JW "The Apple iPod iTunes Anti-Trust Litigation". Signed by Judge James Ware on 2/14/2008. (ecg, COURT STAFF) (Filed on 2/15/2008)
February 15, 2008153Court Opinion or Order ORDER RELATING CASE. The Court finds that C 07-06507 HRL is related with C 05-0037 JW and C 06-04457 JW. The clerk shall reassign the case. Related cases: Create association to 5:07-cv-06507-HRL. Signed by Judge James Ware on 2/14/2008. (ecg, COURT STAFF) (Filed on 2/15/2008)
May 2, 2008155Brief re 154 Order Direct Purchaser Plaintiffs' Response to the Court's Order Regarding Consolidation filed byMelanie Tucker. (Related document(s) 154 ) (Sweeney, Bonny) (Filed on 5/2/2008)
May 2, 2008156Statement in Favor of Consolidation. (Mittelstaedt, Robert) (Filed on 5/2/2008) Modified on 5/5/2008,(counsel used incorrect event.) (cv, COURT STAFF).
May 12, 2008157Minute Entry: Initial Case Management Conference held on 5/12/2008 before Judge James Ware (Date Filed: 5/12/2008). The parties are to file a stipulation re briefing schedule re motions discussed at the case management conference. Case Management Conference set in ALL cases for 8/25/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 5/12/2008)
May 14, 2008158Court Opinion or Order ORDER Following Case Management Conference held on 5/12/2008. Further Case Management Conference set for 8/25/2008 10:00 AM, Motion Hearing set for 9/26/2008 09:00 AM, Motion Hearing set for 3/16/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. The parties are to file a stipulated briefing schedule with respect to the planned motion within ten (10) days from the date of this order. Please see Order for further specifics. Signed by Judge James Ware on 5/14/2008. (ecg, COURT STAFF) (Filed on 5/14/2008)
May 27, 2008159STIPULATION and Proposed Order Setting Class Certification Briefing Schedule by Melanie Tucker. (Sweeney, Bonny) (Filed on 5/27/2008)
May 29, 2008160STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION by Stacie Somers. (Zeldes, Helen) (Filed on 5/29/2008)
June 4, 2008161Court Opinion or Order STIPULATION AND ORDER as Modified by the Court Setting Class Certification Briefing Schedule re 159 Stipulation filed by Melanie Tucker. Please see Order for further specifics. Motion Hearing set for 11/10/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 6/4/2008. (ecg, COURT STAFF) (Filed on 6/4/2008)
July 3, 2008163STIPULATION and [Proposed] Order re Discovery Related to Testifying Experts in This Matter by Apple Inc.. (Mittelstaedt, Robert) (Filed on 7/3/2008)
Search for this case: "The Apple iPod iTunes Anti-Trust Litigation"
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Defendant: Apple Inc.
Represented By: Caroline Nason Mitchell, Robert Allan Mittelstaedt, Adam Richard Sand, Esq., Tracy Strong
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Plaintiff: Melanie Tucker
Represented By: Bonny E. Sweeney, Francis Joseph Balint, Jr., Todd David Carpenter, Andrew S. Friedman, John J. Stoia, Jr., Elaine A. Ryan, Thomas J. Kennedy
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Plaintiff: Somtai Troy Charoensak
Represented By: Bonny E. Sweeney, Jacqueline Sailer, Elaine A. Ryan, Roy A. Katriel, Thomas J. Kennedy, Todd David Carpenter, Michael David Braun, Brian P Murray
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Plaintiff: Mariana Rosen
Represented By: Michael David Braun, Bonny E. Sweeney, Jacqueline Sailer, Elaine A. Ryan, Todd David Carpenter, Andrew S. Friedman, Roy A. Katriel, Thomas J. Kennedy, Brian P Murray
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Plaintiff: Plaintiffs
Represented By: Bonny E. Sweeney, Michael David Braun
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Plaintiff: Stacie Somers
Represented By: Helen I. Zeldes
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