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.
The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
|---|
| January 3, 2005 | 1 | COMPLAINT (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, 2005 | 2 | ADR 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, 2005 | 3 | Declination 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, 2005 | 4 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 1/5/2005) |
| January 5, 2005 | 5 |  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, 2005 | 6 | STIPULATION 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, 2005 | 7 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 6 Stipulation (Sand, Adam) (Filed on 1/24/2005) |
| January 24, 2005 | 8 | CERTIFICATE OF SERVICE by Thomas William Slattery OF SUMMONS AND COMPLAINT ON DEFENDANT APPLE COMPUTER, INC. (Godino, Marc) (Filed on 1/24/2005) |
| January 24, 2005 | 9 | CERTIFICATE 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, 2005 | 10 | MOTION 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, 2005 | 11 | CERTIFICATE 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) |
| December 31, 1969 | 12 | |
| December 31, 1969 | 13 | |
| February 18, 2005 | 14 | Certificate of Interested Entities or Persons (Mitchell, Caroline) (Filed on 2/18/2005) |
| February 18, 2005 | 15 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 14 Certificate of Interested Entities (Mitchell, Caroline) (Filed on 2/18/2005) |
| February 28, 2005 | 16 | Memorandum in Opposition to Defendant's Motion to Dismiss Class Action Complaint filed byThomas William Slattery. (Braun, Michael) (Filed on 2/28/2005) |
| February 28, 2005 | 17 | Proposed Order Denying Defendant's Motion to Dismiss Class Action Complaint by Thomas William Slattery. (Braun, Michael) (Filed on 2/28/2005) |
| March 7, 2005 | 18 | RESPONSE in Support of Its Motion to Dismiss Class Action Complaint filed byApple Computer, Inc.. (Mittelstaedt, Robert) (Filed on 3/7/2005) |
| March 7, 2005 | 19 | CERTIFICATE 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, 2005 | 20 | 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) |
| December 31, 1969 | 21 | |
| December 31, 1969 | 22 | |
| June 6, 2005 | 23 | Request 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, 2005 | 24 | Declaration 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, 2005 | 25 | Proposed 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, 2005 | 26 | Minute 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, 2005 | 27 | RESPONSE to re 23 Request for Judicial Notice by Apple Computer, Inc.. (Sand, Adam) (Filed on 6/10/2005) |
| June 10, 2005 | 28 | Declaration 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, 2005 | 29 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 27 Response ( Non Motion ), 28 Declaration in Support, (Sand, Adam) (Filed on 6/10/2005) |
| June 14, 2005 | 30 | STIPULATION 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, 2005 | 31 | ORDER CONTINUING CASE MANAGMENT CONFERENCE. Signed by Judge James Ware on June 15, 2005. jwlc4, COURT STAFF) (Filed on 6/15/2005) |
| June 15, 2005 | 32 | 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, 2005 | 33 | ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on August 9, 2005. jwlc4, COURT STAFF) (Filed on 8/9/2005) |
| September 7, 2005 | 34 | Letter from Tracy Strong, atty. JONES DAY re: Case Management Conference. (Strong, Tracy) (Filed on 9/7/2005) |
| September 9, 2005 | 35 | 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, 2005 | 36 | ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on September 14, 2005. (jwlc3, COURT STAFF) (Filed on 9/14/2005) |
| September 23, 2005 | 37 | AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against Apple Computer, Inc.. Filed byThomas William Slattery. (Braun, Michael) (Filed on 9/23/2005) |
| October 11, 2005 | 38 | STIPULATION 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, 2005 | 39 | Answer to Amended Complaint 37 Amended Complaint (First) byApple Computer, Inc.. (Mitchell, Caroline) (Filed on 10/18/2005) |
| October 18, 2005 | 40 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 39 Answer to Amended Complaint (Mitchell, Caroline) (Filed on 10/18/2005) |
| October 31, 2005 | 41 | JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Thomas William Slattery. (Braun, Michael) (Filed on 10/31/2005) |
| November 15, 2005 | 42 | ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Signed by Judge James Ware on November 15, 2005. (jwlc3, COURT STAFF) (Filed on 11/15/2005) |
| November 16, 2005 | 43 | Minute 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, 2006 | 44 | Declaration 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, 2006 | 46 | Letter from Michael D. Braun, Counsel for Plaintiff To The Honorable James Ware. (Braun, Michael) (Filed on 3/6/2006) |
| March 8, 2006 | 47 | Letter from Robert Mittelstaedt of Jones Day to the Honorable James Ware. (Strong, Tracy) (Filed on 3/8/2006) |
| December 31, 1969 | 49 | |
| March 20, 2006 | 52 | AMENDED DOCUMENT by Thomas William Slattery. AMENDED PROOF OF SERVICE. (Braun, Michael) (Filed on 3/20/2006) |
| March 20, 2006 | 53 | ERRATA 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, 2006 | 55 | 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, 2006 | 56 | CERTIFICATE 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, 2006 | 57 | First 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, 2006 | 58 | MEMORANDUM 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, 2006 | 59 | Declaration 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) |
| December 31, 1969 | 62 | |
| April 17, 2006 | 63 | Memorandum in Opposition to Motion for Leave to File Second Amended Complaint filed byApple Computer, Inc.. (Strong, Tracy) (Filed on 4/17/2006) |
| April 17, 2006 | 64 | DECLARATION 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, 2006 | 65 | Reply 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, 2006 | 66 | JOINT CASE MANAGEMENT STATEMENT filed by Apple Computer, Inc.. (Strong, Tracy) (Filed on 4/25/2006) |
| May 4, 2006 | 67 | ORDER RESCHEDULING HEARINGS ON MOTIONS. Signed by Judge James Ware on May 4, 2006. (jwlc3, COURT STAFF) (Filed on 5/4/2006) |
| May 24, 2006 | 68 | STIPULATION 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, 2006 | 69 | 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, 2006 | 70 | 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, 2006 | 71 | Minute 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, 2006 | 72 | 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, 2006 | 73 | 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, 2006 | 74 | Administrative 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, 2006 | 75 | STIPULATION 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, 2006 | 76 | 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, 2006 | 77 | AMENDED 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, 2006 | 78 | MOTION 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, 2006 | 79 | Proposed 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, 2006 | 80 | CLERK'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, 2006 | 81 | Memorandum 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, 2006 | 82 | NOTICE 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, 2006 | 83 | Defendant's ANSWER to Complaint (Second Amended) byApple Computer, Inc.. (Strong, Tracy) (Filed on 11/2/2006) |
| November 17, 2006 | 84 | JOINT 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, 2006 | 85 | Minute 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, 2006 | 86 | 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, 2006 | 87 | Proposed Order Stipulation and [Proposed] Protective Order Regarding Confidential Information by Apple Computer, Inc.. (Strong, Tracy) (Filed on 12/11/2006) |
| December 15, 2006 | 88 | 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, 2006 | 89 | Amended 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, 2006 | 90 | Amendment 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, 2007 | 91 | AMENDED STIPULATION AND PROTECTIVE ORDER. Signed by Judge Patricia V. Trumbull on 1/17/07. (pvtlc1) (Filed on 1/17/2007) |
| January 18, 2007 | 92 | 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, 2007 | 93 | *** 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, 2007 | 94 | *** 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, 2007 | 95 | *** 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, 2007 | 96 | Declaration 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, 2007 | 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, 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, 2007 | 98 | unopposed 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, 2007 | 101 | DECLARATION 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, 2007 | 102 | RESPONSE 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, 2007 | 103 | 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, 2007 | 104 | Minute 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, 2007 | 105 | 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, 2007 | 106 | 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, 2007 | 107 | AMENDED 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, 2007 | 108 | STIPULATION re 107 Amended Complaint, by Apple Inc.. (Strong, Tracy) (Filed on 5/4/2007) |
| May 7, 2007 | 109 | 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, 2007 | 110 | ANSWER to Complaint (Consolidated) and Defenses byApple Inc.. (Strong, Tracy) (Filed on 6/6/2007) |
| June 12, 2007 | 111 | Stipulation 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, 2007 | 112 | 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, 2007 | 113 | NOTICE of Appearance by Gregory Steven Weston (Weston, Gregory) (Filed on 6/15/2007) |
| June 22, 2007 | 114 | NOTICE of Appearance by Andrew S. Friedman (Friedman, Andrew) (Filed on 6/22/2007) |
| June 28, 2007 | 117 | STIPULATION AND PROPOSED ORDER GOVERNING ELECTRONIC DISCOVERY FORMATS by Melanie Tucker. (Attachments: # 1 Supplement Table 1)(Weston, Gregory) (Filed on 6/28/2007) |
| June 29, 2007 | 118 | 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, 2007 | 119 | MOTION 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, 2007 | 120 | Proposed 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, 2007 | 121 | Proposed 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, 2007 | 122 | Declaration 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, 2007 | 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.. (Attachments: # 1 Proposed Order Denying Plaintiffs' Motion for Administrative Relief)(Mittelstaedt, Robert) (Filed on 7/12/2007) |
| July 12, 2007 | 124 | Declaration 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, 2007 | 125 | CERTIFICATE OF SERVICE by Apple Inc. re 123 Memorandum in Opposition, 124 Declaration in Support, (Mittelstaedt, Robert) (Filed on 7/12/2007) |
| July 20, 2007 | 128 | ORDER re: 119 Plaintiffs' Motion for Administrative Relief (jwlc2, COURT STAFF) (Filed on 7/20/2007) |
| September 13, 2007 | 129 | NOTICE by Melanie Tucker, Mariana Rosen Notice of Firm Name Change (Sweeney, Bonny) (Filed on 9/13/2007) |
| October 3, 2007 | 130 | NOTICE of Change of Address by Michael David Braun (Braun, Michael) (Filed on 10/3/2007) |
| October 16, 2007 | 131 | Memorandum 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, 2007 | 132 | Memorandum 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, 2007 | 133 | MOTION 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, 2007 | 134 | Declaration 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, 2007 | 135 | Proposed 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, 2007 | 136 | ORDER of Recusal. Signed by Judge Patricia V. Trumbull on 12/5/07. (pvtlc1) (Filed on 12/6/2007) |
| December 7, 2007 | 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. 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, 2007 | 138 | Declaration 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, 2007 | 139 | Proposed 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, 2007 | 140 | Stipulation Regarding Privileged Information by Apple Inc.. (Strong, Tracy) (Filed on 12/20/2007) Modified on 1/16/2008 (cfe, Court Staff). |
| December 20, 2007 | 141 | CERTIFICATE OF SERVICE by Apple Inc. re 140 Stipulation (Strong, Tracy) (Filed on 12/20/2007) |
| December 21, 2007 | 142 | Memorandum 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, 2007 | 143 | Declaration 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, 2007 | 144 | Declaration 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, 2007 | 145 | Declaration 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, 2007 | 146 | CERTIFICATE 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, 2008 | 147 | Reply 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, 2008 | 148 | MOTION 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, 2008 | 149 | Minute 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, 2008 | 150 | 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, 2008 | 151 | MOTION 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, 2008 | 152 | 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, 2008 | 153 | 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) |
| April 22, 2008 | 154 | ORDER DIRECTING ALL PARTIES TO SUBMIT BRIEFING RE: CONSOLIDATION OF THE PRESENT ACTION WITH C 05-00037. Signed by Judge James Ware on April 22, 2008. (jwlc1, COURT STAFF) (Filed on 4/22/2008) |
| May 2, 2008 | 155 | Brief 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, 2008 | 156 | Statement 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, 2008 | 157 | Minute 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, 2008 | 158 | 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, 2008 | 159 | STIPULATION and Proposed Order Setting Class Certification Briefing Schedule by Melanie Tucker. (Sweeney, Bonny) (Filed on 5/27/2008) |
| May 29, 2008 | 160 | STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION by Stacie Somers. (Zeldes, Helen) (Filed on 5/29/2008) |
| June 4, 2008 | 161 | 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) |
| June 4, 2008 | 162 | STIPULATION AND ORDER as Modified by the Court Setting Briefing for Class Certification re (26 in 5:07-cv-06507-JW) Stipulation filed by Stacie Somers, (160 in 5:05-cv-00037-JW) Stipulation filed by Stacie Somers. Joint Case Management Statement due 8/15/2008, Further Case Management Conference set for 8/25/2008 10:00 AM, Motion Hearing set for 3/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 6/4/2008. (ecg, COURT STAFF) (Filed on 6/4/2008) |
| July 3, 2008 | 163 | STIPULATION and [Proposed] Order re Discovery Related to Testifying Experts in This Matter by Apple Inc.. (Mittelstaedt, Robert) (Filed on 7/3/2008) |
| July 11, 2008 | 164 | STIPULATION AND ORDER re Discovery Related to Testifying Experts in This Matter re 163 Stipulation filed by Apple Inc.. Signed by Judge James Ware on 7/11/2008. (ecg, COURT STAFF) (Filed on 7/11/2008) |
| July 21, 2008 | 165 | MOTION to Certify Class and Appoint Class Counsel filed by Melanie Tucker. Motion Hearing set for 11/10/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order [Proposed] Order Appointing Coughlin Stoia and The Katriel Law Firm as Co-Lead Class Counsel)(Sweeney, Bonny) (Filed on 7/21/2008) Modified on 12/2/2008 (cv, COURT STAFF). |
| July 21, 2008 | 166 | Declaration of Bonny E. Sweeney in Support of 165 MOTION to Certify Class and Appoint Class Counsel filed byMelanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3_part 1, # 4 Exhibit 3_part 2, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Related document(s) 165 ) (Sweeney, Bonny) (Filed on 7/21/2008) |
| August 20, 2008 | 167 | STIPULATION Modifying Class Certification Briefing Schedule by Melanie Tucker. (Attachments: # 1 Proposed Order)(Sweeney, Bonny) (Filed on 8/20/2008) |
| August 20, 2008 | 168 | STIPULATION AND ORDER as Further Modified by the Court Modifying Class Certification Briefing Schedule re (28 in 5:07-cv-06507-JW) Stipulation filed by Stacie Somers, (167 in 5:05-cv-00037-JW) Stipulation filed by Melanie Tucker. Joint Case Management Conference statement due 9/26/2008. Interim Case Management Conference set for 10/6/2008 10:00 AM Plaintiff's 165 Motion for Class Certification (Direct Case) Hearing set for 12/15/2008 09:00 AM, and Plaintiff's Motion for Class Certification (Indirect Case) Hearing set for 4/20/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose.. Signed by Judge James Ware on 8/20/2008. (ecg, COURT STAFF) (Filed on 8/20/2008) Modified on 10/20/2008 (cv, COURT STAFF). |
| September 8, 2008 | 169 | NOTICE by Stacie Somers of Counsel's Firm Name and Address Change (Haeggquist, Alreen) (Filed on 9/8/2008) |
| September 26, 2008 | 170 | JOINT CASE MANAGEMENT STATEMENT filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 9/26/2008) Modified text on 9/29/2008,(to conform with document posted by counsel.) (cv, COURT STAFF). |
| October 2, 2008 | 171 | NOTICE of supplemental authority re: 165 MOTION for class certification by M. Rosen, M. Tucker, Somtai Troy Charoensak (Attachments: # 1 Exhibit In re SRAM Antitrust Litig. - Order Granting Plaintiffs' 165 Motion For Class Certification)(Sweeney, Bonny) (Filed on 10/2/2008) Modified on 10/3/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| October 2, 2008 | 172 | ORDER Continuing Case Management Conference. The parties are scheduled to appear for a CM Conference on 10/8/08. The parties timely filed a Joint CM Statement. Based on the representations of the parties in their Joint Statement, the Court VACATES the CM Conference set for 10/8/08. The CM Conference is CONTINUED to 12/15/2008 to coincide with the hearing on Plaintiffs' anticipated 165 MOTION FOR Class Certification. .Further Case Management Conference set for 12/15/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/2/2008. (ecg, COURT STAFF) (Filed on 10/2/2008) Modified on 10/20/2008 (cv, COURT STAFF). |
| October 17, 2008 | 173 | MOTION to Seal MEMORANDUM IN OPPOSITION TO 165 MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF JO-ANNE KNYSH AND ARTHUR RANGEL; DECLARATION OF TRACY M. STRONG IN SUPPORT filed by Apple Inc.. Motion Hearing set for 12/15/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Strong, Tracy) (Filed on 10/17/2008) Modified on 10/20/2008 (cv, COURT STAFF). |
| October 17, 2008 | 174 | Proposed Order re 173 MOTION to Seal by Apple Inc.. (Strong, Tracy) (Filed on 10/17/2008) Modified on 10/20/2008 (cv, COURT STAFF). |
| October 17, 2008 | 175 | REDACTED DOCUMENT re: MEMORANDUM IN OPPOSITION TO 165 MOTION FOR CLASS CERTIFICATION , 174 Proposed Order filed by Apple Inc.. (Attachments: # 1 Appendix Addendum 1-2)(Related document(s) 173 , 174 ) (Strong, Tracy) (Filed on 10/17/2008) Modified text on 10/20/2008,(counsel used incorrect event.) (cv, COURT STAFF). |
| October 17, 2008 | 176 | Declaration of Michael Scott in Support of 175 Memorandum in Opposition re: 165 MOTION for class certification,filed by Apple Inc.. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-13, # 4 Exhibit 14-15, # 5 Exhibit 16-17, # 6 Exhibit 18-20, # 7 Exhibit 21)(Related document(s) 175 ) (Strong, Tracy) (Filed on 10/17/2008) Modified on 10/20/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| October 17, 2008 | 177 | UNREDACTED MEMORANDUM in Opposition to 165 Motion for Class Certification - Document Submitted Under Seal (Strong, Tracy) (Filed on 10/17/2008) Modified text on 10/20/2008 NOTIFICATION OF MANUAL FILING (Holtzman, Steven) (Filed on 10/14/2008) Modified text on 10/16/2008 ***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| October 17, 2008 | 178 | Declaration of Arthur Rangel in Support of Apple's Memorandum in Opposition to 165 Motion for Class Certification - Document Submitted Under Seal (Strong, Tracy) (Filed on 10/17/2008) Modified text on 10/20/2008 NOTIFICATION OF MANUAL FILING (Holtzman, Steven) (Filed on 10/14/2008) Modified text on 10/16/2008 ***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| October 17, 2008 | 179 | Declaration of Jo-Anne Knysh in Support of Apple's Memorandum in Opposition to 165 Motion for Class Certification - Document Submitted Under Seal (Strong, Tracy) (Filed on 10/17/2008) Modified text on 10/20/2008 NOTIFICATION OF MANUAL FILING (Holtzman, Steven) (Filed on 10/14/2008) Modified text on 10/16/2008 ***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| October 17, 2008 | 180 | CERTIFICATE OF SERVICE by Apple Inc. re 173 MOTION to Seal MEMORANDUM IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF JO-ANNE KNYSH AND ARTHUR RANGEL; DECLARATION OF TRACY M. STRONG IN SUPPORT, 177 Notice (Other), 179 Notice (Other), Notice (Other), 174 Proposed Order,, 175 Memorandum in Opposition,, 178 Notice (Other), (Strong, Tracy) (Filed on 10/17/2008) Modified on 10/20/2008 (cv, COURT STAFF). |
| October 20, 2008 | 181 | REDACTED/corrected MEMORANDUM in Opposition to 165 Motion for Class Certification filed by Apple Inc.. (Attachments: # 1 Appendix Addendum 1-2)(Related document(s) 175 ) (Strong, Tracy) (Filed on 10/20/2008) Modified on 10/20/2008 (counsel failed to properly link to motion.) (cv, COURT STAFF). |
| October 20, 2008 | 182 | UNREDACTED AMENDED/corrected MEMORANDUM in Opposition to 165 Motion for Class Certification NOTIFICATION OF MANUAL FILING Document Submitted Under Seal filed by Apple Inc.. (Related document(s) 177 ) (Strong, Tracy) (Filed on 10/20/2008) Modified on 10/20/2008(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| October 20, 2008 | 183 | CERTIFICATE OF SERVICE by Apple Inc. re 181 Memorandum in Opposition, 182 Memorandum in Opposition, (Strong, Tracy) (Filed on 10/20/2008) |
| October 23, 2008 | 184 | ORDER Granting 173 Motion to Seal. Signed by Judge James Ware on 10/23/2008. (ecg, COURT STAFF) (Filed on 10/23/2008) |
| November 17, 2008 | 188 | Reply Memorandum In Support of Plaintiffs' 165 Motion for Class Certification and Appointment of Class Counsel filed by Melanie Tucker. (Attachments: # 1 Amended [Proposed] Order (Sweeney, Bonny) (Filed on 11/17/2008) Modified on 11/19/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| November 17, 2008 | 189 | Declaration of Bonny E. Sweeney in Support of 188 Reply Memorandum, In Support of Plaintiffs' 165 Motion for Class Certification and Appointment of Class Counsel filed by Melanie Tucker. (Attachments: # 1 Exhibit 1)(Related document(s) 188 ) (Sweeney, Bonny) (Filed on 11/17/2008) Modified on 11/19/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| December 2, 2008 | 190 | MOTION for Leave to File Response to Plaintiffs' Reply Memorandum in Support of 165 MOTION Class Certification filed by Apple Inc.. Motion Hearing set for 12/15/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Attachment)(Mittelstaedt, Robert) (Filed on 12/2/2008) Modified on 12/2/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| December 4, 2008 | 191 | Memorandum in Opposition re 190 MOTION for Leave to File Response to Plaintiffs' Reply Memorandum in Support of 165 MOTION Class Certification MOTION for Leave to File filed by Melanie Tucker. (Sweeney, Bonny) (Filed on 12/4/2008) Modified text on 12/5/2008 (cv, COURT STAFF). |
| December 9, 2008 | 192 | ORDER Denying 190 Motion for Leave to File. Signed by Judge James Ware on 12/9/2008. (ecg, COURT STAFF) (Filed on 12/9/2008) |
| December 10, 2008 | 193 | ORDER CONTINUING HEARING AND CASE MANAGEMENT CONFERENCE FOR THE DIRECT PURCHASERS ACTION; VACATING CASE MANAGEMENT CONFERENCE FOR THE INDIRECT PURCHASERS ACTION re (165 in 5:05-cv-00037-JW) MOTION to Certify Class and Appoint Class Counsel filed by Melanie Tucker. The Court continues the Class Cerfication Motion AND Case Management Conference in 5:05-cv-00037-JW from 12/15/2008 to 12/16/2008 02:00 PM in Courtroom 8, 4th Floor, San Jose. The Case Management Conference set for 12/15/2008 in 5:07-cv-06507-JW is VACATED. The Court will set a new Case Management Conference, if necessary, in its Order addressing Plaintiffs Motion for Extension of Time to File and Modify Briefing Schedule on Motion for Class Certification. (See Docket Item No. 36 in 5:07-cv-06507-JW.) Please see Order for further specifics. Signed by Judge James Ware on 12/10/2008. (ecg, COURT STAFF) (Filed on 12/10/2008) |
| December 11, 2008 | 194 | CLERKS NOTICE ADVANCING TIME FOR Motion Hearing re 165 Motion for Class Certification. Motion Hearing set for 12/16/2008 09:00 AM. The Case Management to follow oral argument in Courtroom 8, 4th Floor, San Jose. (ecgS, COURT STAFF) (Filed on 12/11/2008) |
| December 16, 2008 | 195 | Minute Entry: Motion Hearing held on 12/16/2008 before Judge James Ware (Date Filed: 12/16/2008) re 165 MOTION to Certify Class and Appoint Class Counsel filed by Melanie Tucker. The Court VACATED the 12/16/2008 Case Management Conference. The Court took the matter under submission after oral argument. The Court to issue further Order on Motion and scheduling dates. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 12/16/2008) |
| December 22, 2008 | 196 | ORDER by Judge James Ware granting in part and denying in part 165 Motion to Certify Class (jwlc3, COURT STAFF) (Filed on 12/22/2008) |
| January 6, 2009 | 197 | CASE MANAGEMENT STATEMENT JOINT filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 1/6/2009) |
| January 15, 2009 | 198 | ORDER VACATING CASE MANAGEMENT CONFERENCE; CLARIFYING AND CORRECTING CLASS CERTIFICATION ORDER re 196 Order on Motion to Certify Class ; SETTING BRIEFING SCHEDULE. The Case Management Conference set for 1/16/2009 is VACATED. The Court sets hearing on Defendant's anticipated Motion for Reconsideration. Motion Hearing set for 3/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 1/14/2009. (ecg, COURT STAFF) (Filed on 1/15/2009) |
| January 15, 2009 | 199 | Transcript of Proceedings held on 12/16/08, before Judge Ware. Court Reporter/Transcriber Irene L. Rodriguez, Telephone number (408)947-8160. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 2/2/2009. Redacted Transcript Deadline set for 2/12/2009. Release of Transcript Restriction set for 4/13/2009. (Rodriguez, Irene) (Filed on 1/15/2009) |
| February 13, 2009 | 200 | MOTION for Judgment on the Pleadings As To Plaintiffs' Tying Claims filed by Apple Inc.. Motion Hearing set for 3/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Mittelstaedt, Robert) (Filed on 2/13/2009) |
| February 25, 2009 | 201 | MOTION to Certify Class and MOTION to Appoint Class Counsel filed by Stacie Somers. Motion Hearing set for 6/1/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Haeggquist, Alreen) (Filed on 2/25/2009) Modified on 3/2/2009,(counsel failed to select multiple motions.) (cv, COURT STAFF). |
| February 25, 2009 | 202 | Declaration of Alreen Haeggquist in Support of 201 MOTION to Certify Class and Appoint Class Counsel filed byStacie Somers. (Attachments: # 1 Exhibit Exhibit 1 (French Affidavit), # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3 (ZH Resume), # 4 Exhibit Exhibit 4 (MS Resume), # 5 Exhibit Exhibit 5)(Related document(s) 201 ) (Haeggquist, Alreen) (Filed on 2/25/2009) |
| February 25, 2009 | 203 | Proposed Order re 201 MOTION to Certify Class and Appoint Class Counsel by Stacie Somers. (Haeggquist, Alreen) (Filed on 2/25/2009) |
| February 25, 2009 | 204 | MOTION to Seal portions of exhibit 1 to the declaration of A. Haeggquist filed by Stacie Somers. (Haeggquist, Alreen) (Filed on 2/25/2009) Modified on 3/2/2009 (cv, COURT STAFF). |
| February 25, 2009 | 205 | Declaration of Alreen Haeggquist in Support of 204 MOTION to Seal Document filed byStacie Somers. (Related document(s) 204 ) (Haeggquist, Alreen) (Filed on 2/25/2009) |
| February 25, 2009 | 206 | Proposed Order re 204 MOTION to Seal Document by Stacie Somers. (Haeggquist, Alreen) (Filed on 2/25/2009) |
| February 25, 2009 | 207 | DECLARATION of A. Haeggquist **NOTIFICATION OF MANUAL FILING. (Haeggquist, Alreen) (Filed on 2/25/2009) Modified on 3/2/2009,**(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity.) (cv, COURT STAFF). |
| February 26, 2009 | 208 | NOTICE of Change of Address by Michael David Braun (Braun, Michael) (Filed on 2/26/2009) |
| March 2, 2009 | 209 | Memorandum in Opposition re 200 MOTION for Judgment on the Pleadings As To Plaintiffs' Tying Claims filed byMelanie Tucker. (Sweeney, Bonny) (Filed on 3/2/2009) |
| March 2, 2009 | 210 | Declaration of Bonny E. Sweeney in Support of 209 Memorandum in Opposition to Defendant's Motion for Judgment on the Pleadings as to Plaintiffs' Tying Claims filed byMelanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 209 ) (Sweeney, Bonny) (Filed on 3/2/2009) |
| March 9, 2009 | 211 | Reply Memorandum In Support Of Defendant's 200 Motion for Judgment On The Pleadings As To Plaintiffs' Tying Claims filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 3/9/2009) Modified on 3/10/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| March 19, 2009 | 212 | ORDER Vacating Hearing 200 Motion for Judgment on the Pleadings. Signed by Judge James Ware on 3/19/2009. (ecg, COURT STAFF) (Filed on 3/19/2009) |
| May 15, 2009 | 213 | ORDER by Judge James Ware granting in part 200 Motion for Judgment on the Pleadings (jwlc3, COURT STAFF) (Filed on 5/15/2009) |
| May 19, 2009 | 214 | REDACTION to REPLY in support of re 201 MOTION to Certify Class and MOTION to Appoint Class Counsel filed by Stacie Somers. (Attachments: # 1 Appendix, # 2 Appendix)(Haeggquist, Alreen) (Filed on 5/19/2009) Modified on 5/20/2009, (counsel used incorrect event.) (cv, COURT STAFF). |
| May 19, 2009 | 215 | MOTION to Seal portions of the Reply Memorandum and Exhibits 2 and 4 to the Declaration of H. Zeldes filed by Stacie Somers. Motion Hearing set for 6/1/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Haeggquist, Alreen) (Filed on 5/19/2009) Modified on 5/20/2009,(counsel used incorrect event.) (cv, COURT STAFF). |
| May 19, 2009 | 216 | REPLY Memorandum in support of motion for class certification by Stacie Somers of Manual Filing (Haeggquist, Alreen) (Filed on 5/19/2009) Modified text on 5/20/2009, ***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***)(cv, COURT STAFF). |
| May 19, 2009 | 217 | Declaration of Helen Zeldes in Support of 214 Reply to Response to Motion to Certify Class and Appointment of Co-Lead Class Counsel filed byStacie Somers. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Related document(s) 214 ) (Haeggquist, Alreen) (Filed on 5/19/2009) |
| May 22, 2009 | 218 | JOINT CASE MANAGEMENT STATEMENT filed by Melanie Tucker. (Sweeney, Bonny) (Filed on 5/22/2009) |
| May 26, 2009 | 219 | NOTICE of Appearance by Thomas Robert Merrick (Merrick, Thomas) (Filed on 5/26/2009) |
| May 28, 2009 | 220 | ORDER CONTINUING CASE MANAGEMENT CONFERNECE FROM 6/1/2009 TO 6/5/2009 re 218 Joint Case Management Statement. Case Management Conference set for 6/5/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 5/28/2009. (ecg, COURT STAFF) (Filed on 5/28/2009) |
| June 4, 2009 | 221 | STIPULATION AND ORDER AS MODIFIED BY THE COURT re 66 Stipulation. The Court continues the Evidentiary Hearing and Case Management Conference from 6/5/2009 to 6/30/2009: 07-cv-06507-JW Somers v. Apple, Inc.: Evidentiary Hearing set for 6/30/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. As to 5:05-cv-00037-JW: Further Case Management Conference set for 6/30/2009 10:00 AM. Signed by Judge James Ware on 6/4/2009. (ecg, COURT STAFF) (Filed on 6/4/2009) |
| June 19, 2009 | 222 | NOTICE of Appearance by David Craig Kiernan (Kiernan, David) (Filed on 6/19/2009) |
| June 26, 2009 | 223 | CLERKS NOTICE CONTINUING TIME FOR CASE MANAGEMENT CONFERENCE Case Management Conference set for 6/30/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 6/26/2009) |
| June 30, 2009 | 224 | Minute Entry: Further Case Management Conference held on 6/30/2009 before Judge James Ware (Date Filed: 6/30/2009). Anticipated Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. The Court to issue further Order following conference.(Court Reporter Unreported.) (ecg, COURT STAFF) (Date Filed: 6/30/2009) |
| June 30, 2009 | 225 | ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Briefing on all motions shall be completed on or before 9/14/2009. At the completion of the briefing, the moving party shall compile a three ring binder due on or before 9/28/2009. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 6/30/2009. (ecg, COURT STAFF) (Filed on 6/30/2009) |
| July 8, 2009 | 226 | STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR APPLE'S RULE 12(C) MOTION WITH RESPECT TO PLAINTIFFS' RULE OF REASON TYING CLAIM by Apple Inc.. (Scott, Michael) (Filed on 7/8/2009) |
| July 10, 2009 | 227 | STIPULATION AND ORDER SETTING SCHEDULE FOR APPLE'S RULE 12(C) MOTION WITH RESPECT TO PLAINTIFFS' RULE OF REASON TYING CLAIM re 226 Stipulation filed by Apple Inc. Defendant shall file Rule 12(c) Motion by 8/3/2009; Opposition due 8/27/2009; Reply due 9/14/2009. Briefing on all motions shall be completed on or before 9/14/2009. At the completion of the briefing, the moving party shall compile a three ring binder due on or before 9/28/2009. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 7/10/2009. (ecg, COURT STAFF) (Filed on 7/10/2009) |
| July 17, 2009 | 228 | ORDER Directing Parties to Submit Further Briefing. Motion hearing set for 10/5/2009 at 9:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on July 17, 2009. (jwlc3, COURT STAFF) (Filed on 7/17/2009) Modified docket text on 7/21/2009 (ecg, COURT STAFF). |
| August 3, 2009 | 229 | MOTION for Judgment on the Pleadings as to plaintiffs' rule of reason tying claim filed by Apple Inc.. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Mittelstaedt, Robert) (Filed on 8/3/2009) |
| August 27, 2009 | 230 | Memorandum in Opposition re 229 MOTION for Judgment on the Pleadings as to plaintiffs' rule of reason tying claim filed byMelanie Tucker. (Merrick, Thomas) (Filed on 8/27/2009) |
| August 27, 2009 | 231 | Declaration of Thomas R. Merrick in Support of 230 Memorandum in Opposition to Defendant's Motion for Judgment on the Pleadings as to Plaintiffs' Rule of Reason Claims filed byMelanie Tucker. (Attachments: # 1 Exhibit 1)(Related document(s) 230 ) (Merrick, Thomas) (Filed on 8/27/2009) |
| August 31, 2009 | 232 | MOTION to Seal Motion for Reconsideration of Rule 23(B)(2) Class and Declaration of Eddy Cue filed by Apple Inc.. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Scott, Michael) (Filed on 8/31/2009) Modified on 8/31/2009 (cv, COURT STAFF). |
| August 31, 2009 | 233 | Declaration of Steven Leung in Support of Apple's 232 Motion to File Under Seal Defendant's Motion for Reconsideration of Rule 23(B)(2) Class and Declaration of Eddy Cue filed by Apple Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Scott, Michael) (Filed on 8/31/2009) Modified on 8/31/2009,(counsel failed to link to motion.) (cv, COURT STAFF). |
| August 31, 2009 | 234 | MOTION to file Under Seal Portion of Declaration of Thomas R. Merrick in Support of Direct Purchaser Plaintiffs' Memorandum in Response to Court's July 17, 2009 Order as to Injunctive Relief Sought filed by Melanie Tucker. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Merrick, Thomas) (Filed on 8/31/2009) Modified on 8/31/2009,(counsel used incorrect event.) (cv, COURT STAFF). |
| August 31, 2009 | 235 | Declaration of Thomas R. Merrick in Support of 234 MOTION to Seal Portion of Declaration of Thomas R. Merrick in Support of Direct Purchaser Plaintiffs' Memorandum in Response to Court's July 17, 2009 Order as to Injunctive Relief Sought filed by Melanie Tucker. (Related document(s) 234 ) (Merrick, Thomas) (Filed on 8/31/2009) Modified on 8/31/2009 (cv, COURT STAFF). |
| August 31, 2009 | 236 | MOTION to Modify Injunctive Relief Class Definition to Include iTMS Purchasers filed by Melanie Tucker. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Merrick, Thomas) (Filed on 8/31/2009) Modified on 8/31/2009 (cv, COURT STAFF). |
| August 31, 2009 | 237 | Declaration of Thomas R. Merrick in Support of 236 MOTION Motion to Modify Injunctive Relief Class Definition to Include iTMS Purchasers filed byMelanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 236 ) (Merrick, Thomas) (Filed on 8/31/2009) |
| August 31, 2009 | 238 | Memorandum in Response to 228 Court's July 17, 2009 Order as to Injunctive Relief Sought filed by Melanie Tucker. (Related document(s) 228 ) (Merrick, Thomas) (Filed on 8/31/2009) Modified on 8/31/2009 (cv, COURT STAFF). |
| August 31, 2009 | 239 | Declaration in Support of 238 Brief Direct Purchaser Plaintiffs' Memorandum in Resposne to Court's July 17, 2009 Order as to Injunctive Relief Sought filed byMelanie Tucker. (Attachments: # 1 Exhibit 1)(Related document(s) 238 ) (Merrick, Thomas) (Filed on 8/31/2009) |
| August 31, 2009 | 240 | MOTION for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Mittelstaedt, Robert) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF). |
| August 31, 2009 | 241 | Expert Report of Michelle M. Burtis filed by Apple Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D-F)(Mittelstaedt, Robert) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF). |
| August 31, 2009 | 242 | Declaration of Michael Scott in Support of 240 MOTION for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. (Attachments: # 1 Exhibit 1-2)(Related document(s) 240 ) (Scott, Michael) (Filed on 8/31/2009) Modified on 9/1/2009 (cv, COURT STAFF). |
| August 31, 2009 | 243 | DECLARATION of Eddy Cue (NOTIFICATION OF MANUAL FILING) (Scott, Michael) (Filed on 8/31/2009) Modified on 9/1/2009***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| August 31, 2009 | 244 | MOTION for Reconsideration of Rule 23(B)(2) Class (NOTIFICATION OF MANUAL FILING) (Scott, Michael) (Filed on 8/31/2009) Modified on 9/1/2009***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| August 31, 2009 | 245 | REDACTION to 244 Motion for Reconsideration of Rule 23(B)(2) Class by Apple Inc.. (Stewart, Craig) (Filed on 8/31/2009) Modified on 9/1/2009,(counsel failed to link to motion.) (cv, COURT STAFF). |
| August 31, 2009 | 246 | CERTIFICATE OF SERVICE by Apple Inc. re 244 MOTION for Reconsideration, 243 Notice (Other), Notice (Other) (cv, COURT STAFF) (Filed on 8/31/2009) (cv, COURT STAFF). |
| September 3, 2009 | 247 | ORDER Granting 232 Motion to Seal. Signed by Judge James Ware on 9/3/2009. (ecg, COURT STAFF) (Filed on 9/3/2009) |
| September 3, 2009 | 248 | ORDER Granting 234 Motion to Seal. Signed by Judge James Ware on 9/3/2009. (ecg, COURT STAFF) (Filed on 9/3/2009) |
| September 14, 2009 | 252 | STIPULATION and [Proposed] Order re Scheduling for Briefing and Hearing Pending Motions by Apple Inc.. (Mittelstaedt, Robert) (Filed on 9/14/2009) |
| September 14, 2009 | 253 | Memorandum in Opposition re 244 MOTION for Reconsideration of Rule 23(b)(2) Class filed byMelanie Tucker. (Merrick, Thomas) (Filed on 9/14/2009) |
| September 14, 2009 | 254 | Declaration of Thomas R. Merrick in Support of 253 Memorandum in Opposition To Defendant's Motion for Reconsideration of Rule 23(b)(2) Class filed byMelanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 253 ) (Merrick, Thomas) (Filed on 9/14/2009) |
| September 14, 2009 | 255 | Memorandum in Opposition to Plaintiffs' 236 Motion to Modify Injunctive Relief Class Definition to Include iTMS Purchasers filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 9/14/2009) Modified on 9/15/2009,(Document NOT linked to motion.) (cv, COURT STAFF). |
| September 14, 2009 | 256 | Declaration of Eddy Cue in Support of 255 Memorandum in Opposition to Plaintffs' Motion to Modify Injunctive Relief Class Definition to Include iTMS Purchasers filed byApple Inc.. (Related document(s) 255 ) (Mittelstaedt, Robert) (Filed on 9/14/2009) |
| September 14, 2009 | 257 | Reply Memorandum in Support of 229 Motion for Judgment on the Pleadings as to Plaintiffs' Rule of Reason Tying Claim filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 9/14/2009) Modified on 9/15/2009,(Document NOT linked to motion.) (cv, COURT STAFF). |
| September 16, 2009 | 258 | STIPULATION AND ORDER AS MODIFIED BY THE COURT CONTINUING HEARING DATES re (252 in 5:05-cv-00037-JW) Stipulation. Set/Reset Deadlines as to (236 in 5:05-cv-00037-JW) MOTION to Modify Injunctive Relief Class Definition to Include iTMS Purchasers, (240 in 5:05-cv-00037-JW) MOTION for Decertification of Rule 23(B)(3) Class, (244 in 5:05-cv-00037-JW) MOTION for Reconsideration, (250 in 5:05-cv-00037-JW) SEALED MOTION are continued from 10/5/2009 to 11/9/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. PLEASE NOTE: The hearing on Apple's Motion for Judgment on the Pleadings re the Rule of Reason(229 in 5:05-cv-00037-JW) shall remain on calendar for 10/5/2009, at 9 a.m. Apple shall file its reply brief on 9/18/2009.Please see Order for further specifics. Signed by Judge James Ware on 9/16/2009. (ecg, COURT STAFF) (Filed on 9/16/2009) Modified docket text on 9/21/2009 (ecg, COURT STAFF). |
| September 22, 2009 | 259 | MOTION Briefing Schedule re Motion to Decertify filed by Apple Inc.. (Attachments: # 1 Affidavit Robert Mittelstaedt, # 2 Proposed Order Proposed Order)(Mittelstaedt, Robert) (Filed on 9/22/2009) |
| September 23, 2009 | 260 | Memorandum in Opposition re 259 MOTION Briefing Schedule re Motion to Decertify filed byMelanie Tucker. (Attachments: # 1 Proposed Order)(Sweeney, Bonny) (Filed on 9/23/2009) |
| September 23, 2009 | 261 | Declaration of Bonny E. Sweeney in Support of 260 Memorandum in Opposition to Apple's Administrative Motion to Set Briefing Schedule for Decertification Motion filed byMelanie Tucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 260 ) (Sweeney, Bonny) (Filed on 9/23/2009) |
| September 25, 2009 | 262 | Reply in support re Administrative 259 Motion To Set Briefing Schedule. filed by Apple Inc.. (Attachments: # 1 Proposed Order)(Kiernan, David) (Filed on 9/25/2009) Modified on 9/28/2009 ,(Document NOT linked to motion and Incorrect event used. Correct event to be used is reply in support.)(cv, COURT STAFF). |
| October 5, 2009 | 263 | ORDER by Judge James Ware granting in part and denying in part 259 Motion (jwlc1, COURT STAFF) (Filed on 10/5/2009) |
| October 6, 2009 | 264 | Letter from Robert Mittelstaedt. (Mittelstaedt, Robert) (Filed on 10/6/2009) |
| October 5, 2009 | 265 | Minute Entry: Motion Hearing held on 10/5/2009 before Judge James Ware (Date Filed: 10/5/2009) re 229 MOTION for Judgment on the Pleadings as to plaintiffs' rule of reason tying claim. The Court took the matter under submission after oral argument. The Court to issue further order following hearing. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 10/5/2009) |
| October 9, 2009 | 266 | STIPULATION Regarding Briefing Schedule by Melanie Tucker. (Attachments: # 1 Proposed Order)(Sweeney, Bonny) (Filed on 10/9/2009) |
| October 16, 2009 | 268 | STIPULATION AND ORDER GRANTING Briefing Schedule re 266 Stipulation. Signed by Judge James Ware on 10/15/2009. (ecg, COURT STAFF) (Filed on 10/16/2009) |
| October 19, 2009 | 269 | Memorandum in Opposition re 240 MOTION for Decertification of Rule 23(B)(3) Class filed byMelanie Tucker. (Sweeney, Bonny) (Filed on 10/19/2009) |
| October 19, 2009 | 270 | Declaration of Roger G. Noll in Support of 269 Memorandum in Opposition (Reply Declaration of Roger G. Noll) filed byMelanie Tucker. (Attachments: # 1 Exhibit 1)(Related document(s) 269 ) (Sweeney, Bonny) (Filed on 10/19/2009) |
| October 19, 2009 | 271 | Declaration of Thomas R. Merrick in Support of 269 Memorandum in Opposition to Defendant's Motion for Decertification of Rule 23(b)(3) Class filed by Melanie Tucker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 269 ) (Merrick, Thomas) (Filed on 10/19/2009) Modified on 10/26/2009 (cv, COURT STAFF). |
| October 30, 2009 | 272 | NOTICE of Change In Counsel by Robert Allan Mittelstaedt Withdrawal of Attorney Adam Sand (Mittelstaedt, Robert) (Filed on 10/30/2009) |
| October 30, 2009 | 273 | NOTICE of Change In Counsel by Robert Allan Mittelstaedt Withdrawal of Attorney Tracy Strong (Mittelstaedt, Robert) (Filed on 10/30/2009) |
| October 30, 2009 | 274 | ORDER GRANTING DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE FIRST CAUSE OF ACTION FOR VIOLATIONS OF SECTION 1 OF THE SHERMAN ACT AND THE FIFTH CAUSE OF ACTION FOR VIOLATIONS OF THE CARTWRIGHT ACT by Judge James Ware granting 229 Motion for Judgment on the Pleadings (jwlc3, COURT STAFF) (Filed on 10/30/2009) |
| November 9, 2009 | 275 | MOTION to Seal Portions of Plaintiffs' Reply Memorandum in Support of Their Motion to Modify Injunctive Relief Class Definition to Include iTMS Purchasers and Exhibit 1 to the Merrick Declaration Pursuant to Local Rule 79-5(b)-(c) filed by Melanie Tucker. Motion Hearing set for 11/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Merrick, Thomas) (Filed on 11/9/2009) |
| November 9, 2009 | 276 | Declaration of Thomas R. Merrick in Support of 275 MOTION to Seal Portions of Plaintiffs' Reply Memorandum in Support of Their Motion to Modify Injunctive Relief Class Definition to Include iTMS Purchasers and Exhibit 1 to the Merrick Declaration Pursuant to Local Rule 79-5(b)-(c) filed by Melanie Tucker. (Related document(s) 275 ) (Merrick, Thomas) (Filed on 11/9/2009) Modified text on 11/13/2009 (cv, COURT STAFF). |
| November 9, 2009 | 277 | REDACTION to Reply Memorandum re 236 MOTION to Modify Injunctive Relief Class Definition to Include iTMS Purchasers filed by Melanie Tucker. (Merrick, Thomas) (Filed on 11/9/2009) Modified text on 11/12/2009,(counsel selected incorrect event, Correct event to be used is redaction.) (cv, COURT STAFF). |
| November 9, 2009 | 278 | REDACTION to Declaration of Thomas R. Merrick in Support of 277 Reply Memorandum filed by Melanie Tucker. (Attachments: # 1 Exhibit 1)(Related document(s) 277 ) (Merrick, Thomas) (Filed on 11/9/2009) Modified on 11/12/2009,(counsel selected incorrect event, Correct event to be used is redaction.) (cv, COURT STAFF). |
| November 9, 2009 | 280 | MOTION to Seal Defendants Reply in Support of Motion for Reconsideration of Rule 23(B)(2) Class and Declaration of Arthur Rangel filed by Apple Inc.. Motion Hearing set for 11/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Scott, Michael) (Filed on 11/9/2009) Modified text on 11/9/2009,(counsel selected incorrect event.) (cv, COURT STAFF). |
| November 9, 2009 | 281 | Declaration of Art Rangel in Support of Apple's Reply in Support of Motion for Reconsideration of Rule 23(b)(2) Class - (NOTIFICATION OF MANUAL)Item Under Seal (Scott, Michael) (Filed on 11/9/2009) Modified on 11/9/2009***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| November 9, 2009 | 282 | Reply in Support of Motion for Reconsideration of Rule 23(b)(2) Class (NOTIFICATION OF MANUAL FILING) Item Under Seal (Scott, Michael) (Filed on 11/9/2009) Modified on 11/9/2009***(counsel used incorrect event, pursuant to General Order 45 VII do not efile the MFN as a "Notice" of any activity. The MFN is meant to be a place-holder for the real filing, NOT an event unto itself.***) (cv, COURT STAFF). |
| November 9, 2009 | 283 | CERTIFICATE OF SERVICE by Apple Inc. re 281 Notice (Other), Notice (Other), Notice (Other), 282 Notice (Other), Notice (Other), Notice (Other) (Scott, Michael) (Filed on 11/9/2009) |
| November 9, 2009 | 284 | REDACTION to Reply in Support of Motion for Reconsideration of Rule 23(B)(2) Class filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 11/9/2009) Modified on 11/12/2009,(counsel selected incorrect event, Correct event to be used is redaction.) (cv, COURT STAFF). |
| November 9, 2009 | 285 | Reply in Support of 240 Motion for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. (Mittelstaedt, Robert) (Filed on 11/9/2009) Modified on 11/13/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| November 9, 2009 | 286 | Reply Expert Report of Dr. Michelle M. Burtis filed by Apple Inc.. (Attachments: # 1 Exhibit 1-6)(Mittelstaedt, Robert) (Filed on 11/9/2009) Modified on 11/13/2009 (cv, COURT STAFF). |
| November 9, 2009 | 287 | Declaration of David C. Kiernan in Support of Reply on 240 Motion for Decertification of Rule 23(B)(3) Class filed by Apple Inc.. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5, # 3 Exhibit 6-8, # 4 Exhibit 9-11, # 5 Exhibit 12, # 6 Exhibit 13 part 1 of 2, # 7 Exhibit 13 part 2 of 2)(Kiernan, David) (Filed on 11/9/2009) Modified text on 11/13/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| November 16, 2009 | 288 | RESPONSE TO PLAINTIFFS' 275 ADMINISTRATIVE MOTION TO SEAL filed by Apple Inc.. (Scott, Michael) (Filed on 11/16/2009) Modified on 11/16/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| November 16, 2009 | 289 | Declaration of EDDY CUE in Support of 288 Reply Memorandum DECLARATION OF EDDY CUE IN SUPPORT OF DEFENDANT'S RESPONSE TO PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL filed byApple Inc.. (Related document(s) 288 ) (Scott, Michael) (Filed on 11/16/2009) |
| November 16, 2009 | 290 | [PROPOSED] ORDER GRANTING PLAINTIFFS' MISCELLANEOUS ADMINISTRATIVE 275 MOTION TO FILE UNDER SEAL by Apple Inc.. (Scott, Michael) (Filed on 11/16/2009) Modified on 11/16/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). |
| November 17, 2009 | 291 | ORDER Granting 275 Motion to Seal. Signed by Judge James Ware on 11/17/2009. (ecg, COURT STAFF) (Filed on 11/17/2009) |
| November 17, 2009 | 292 | ORDER Granting 280 Motion to Seal. Signed by Judge James Ware on 11/17/2009. (ecg, COURT STAFF) (Filed on 11/17/2009) |
| November 17, 2009 | 293 | MOTION Administrative Motion to Introduce Other Deposition Parts Pursuant to Fed. R. Civ. P. 32(a)(6) filed by Melanie Tucker. Motion Hearing set for 11/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Merrick, Thomas) (Filed on 11/17/2009) |
| November 17, 2009 | 294 | Declaration of Thomas R. Merrick in Support of 293 MOTION Administrative Motion to Introduce Other Deposition Parts Pursuant to Fed. R. Civ. P. 32(a)(6) MOTION Administrative Motion to Introduce Other Deposition Parts Pursuant to Fed. R. Civ. P. 32(a)(6) filed byMelanie Tucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 293 ) (Merrick, Thomas) (Filed on 11/17/2009) |
| November 17, 2009 | 295 | NOTICE of Appearance by Paula Michelle Roach (Roach, Paula) (Filed on 11/17/2009) |
