Mizera v. Google
Plaintiff alleges that defendant Google Inc. has failed to take any significant measures to track or prevent click fraud, to adequately warn its customers about the existence of click fraud, to adequately advise customers that they have been victimized by click fraud, and to refund customers the excess charges that they have incurred as a result of the click fraud.
| Plaintiff: | Steve Mizera |
|---|---|
| Defendant: | Google Inc., |
| Case Number: | 5:2005cv02885 |
| Filed: | July 15, 2005 |
| Court: | California Northern District Court |
| Office: | San Jose Office [ Court Info ] |
| County: | Sacramento |
| Presiding Judge: | Hon. Ronald M. Whyte |
| Referring Judge: | Magistrate Judge Patricia V. Trumbull |
| Nature of Suit: | Contract - Other Contract |
| Cause: | 28:1332 Diversity-Breach of Contract |
| Jurisdiction: | Diversity |
| Jury Demanded By: | Plaintiff |
| Amount Demanded: | $0.00 |
Date Filed |
# |
Docket Text |
| July 15, 2005 | 1 | COMPLAINT summons issued, yes to jury demand against Google Inc., ( Filing fee $ 250, receipt number 5512763.). Filed byError: party not known. (lrb, COURT STAFF) (Filed on 7/15/2005) Additional attachment(s) added on 9/27/2005 (bw, COURT STAFF). (Entered: July 18, 2005) |
| July 15, 2005 | 2 | ADR SCHEDULING ORDER: Case Management Statement due by 11/9/2005. Case Management Conference set for 11/16/2005 02:30 PM. (Attachments: # 1)(lrb, COURT STAFF) (Filed on 7/15/2005) (Entered: July 18, 2005) |
| July 15, 2005 | Summons Issued as to Google Inc.,. (lrb, COURT STAFF) (Filed on 7/15/2005) (Entered: July 18, 2005) | |
| July 15, 2005 | CASE DESIGNATED for Electronic Filing. (lrb, COURT STAFF) (Filed on 7/15/2005) (Entered: July 18, 2005) | |
| August 5, 2005 | 3 | CLERK'S NOTICE re: Failure to E-File the complaint filed on 7/15/05 and/or Failure to Register as an E-Filer (cv, COURT STAFF) (Filed on 8/5/2005) (Entered: August 5, 2005) |
| August 16, 2005 | 4 | MOTION for leave to appear in Pro Hac Vice for attorney Darren T. Kaplan filed by Steve Mizera. (lrb, COURT STAFF) (Filed on 8/16/2005) Additional attachment(s) added on 9/27/2005 (bw, COURT STAFF). (Entered: August 17, 2005) |
| August 16, 2005 | Received Order by Steve Mizera. (lrb, COURT STAFF) (Filed on 8/16/2005) (Entered: August 17, 2005) | |
| August 16, 2005 | 5 | ORDER by Judge Richard Seeborg granting 4 Motion for Pro Hac Vice (lrb, COURT STAFF) (Filed on 8/16/2005) Additional attachment(s) added on 9/27/2005 (bw, COURT STAFF). (Entered: August 17, 2005) |
| August 31, 2005 | 6 | AMENDED COMPLAINT against Google Inc.,. Filed bySteve Mizera. (lrb, COURT STAFF) (Filed on 8/31/2005) Additional attachment(s) added on 9/27/2005 (bw, COURT STAFF). (Entered: August 31, 2005) |
| August 31, 2005 | 7 | CLERK'S NOTICE re: Failure to E-File and/or Failure to Register as an E-Filer (lrb, COURT STAFF) (Filed on 8/31/2005) (Entered: August 31, 2005) |
| September 13, 2005 | 8 | CERTIFICATE OF SERVICE by Steve Mizera (Kellner, Richard) (Filed on 9/13/2005) (Entered: September 13, 2005) |
| September 20, 2005 | 9 | MOTION to Dismiss filed by Google Inc.,. Motion Hearing set for 10/26/2005 09:30 AM in Courtroom #4, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Durie, Daralyn) (Filed on 9/20/2005) (Entered: September 20, 2005) |
| September 26, 2005 | 10 |
*** FILED IN ERROR. PLEASE SEE DOCKET #11. *** CONSENT to Proceed Before a US Magistrate Judge by Google Inc.,.. (Roberts, Clement) (Filed on 9/26/2005) Modified on 9/26/2005 (ewn, COURT STAFF). (Entered: September 26, 2005) |
| September 26, 2005 | 11 | CONSENT to Proceed Before a US Magistrate Judge by Google Inc.,.. (Roberts, Clement) (Filed on 9/26/2005) (Entered: September 26, 2005) |
| September 27, 2005 | 12 | OBJECTIONS to Assignment of Magistrate Judge; Request for Assigment to U.S. District Court Judge by Steve Mizera. (Kellner, Richard) (Filed on 9/27/2005) (Entered: September 27, 2005) |
| September 27, 2005 | 13 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 9/27/2005) (Entered: September 27, 2005) |
| September 27, 2005 | 14 | ORDER REASSIGNING CASE. Case reassigned to Judge Ronald M. Whyte for all further proceedings. Magistrate Judge Richard Seeborg remains as the referral judge. Signed by Executive Committee on September 27, 2005. (bw, COURT STAFF) (Filed on 9/27/2005) (Entered: September 27, 2005) |
| September 27, 2005 | Remark Clerk mailed copy of Reassignment Order to all parties of record. (bw, COURT STAFF) (Filed on 9/27/2005) (Entered: September 27, 2005) | |
| October 5, 2005 | 15 | Statement of Non-Opposition re 9 MOTION to Dismiss filed bySteve Mizera. (Related document(s)9) (Kaplan, Darren) (Filed on 10/5/2005) (Entered: 10/05/2005) |
| November 15, 2005 | 16 | JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Google Inc.,. (Durie, Daralyn) (Filed on 11/15/2005) (Entered: November 15, 2005) |
| November 18, 2005 | 17 | Minute Entry: Initial Case Management Conference held on 11/18/2005 before Ronald M. Whyte (Date Filed: 11/18/2005). Further Case Management Conference set for 5/12/2006 10:30 AM. Hearing on Class Certification set for 5/12/2006 @ 9:00 am.(Court Reporter Not Reported.) (jg, COURT STAFF) (Date Filed: 11/18/2005) (Entered: November 18, 2005) |
| November 22, 2005 | 18 | AMENDED COMPLAINT Second Amended Complaint against all defendants. Filed bySteve Mizera. (Kaplan, Darren) (Filed on 11/22/2005) (Entered: November 22, 2005) |
| January 26, 2006 | 19 | STIPULATION AND ORDER to Consolidate Actions. Signed by Judge Ronald M. Whyte on 1/13/06. (jg, COURT STAFF) (Filed on 1/26/2006) (Entered: January 26, 2006) |
| March 9, 2006 | 20 | MOTION to Stay : Defendant Google Inc's Motion to Stay Pending Settlement filed by Google Inc.,. (Silbert, David) (Filed on 3/9/2006) (Entered: March 9, 2006) |
| March 9, 2006 | 21 | Declaration of David J. Silbert in Support of 20 MOTION to Stay : Defendant Google Inc's Motion to Stay Pending Settlement filed byGoogle Inc.,. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s)20) (Silbert, David) (Filed on 3/9/2006) (Entered: March 9, 2006) |
| March 9, 2006 | 22 | Proposed Order re 20 MOTION to Stay : Defendant Google Inc's Motion to Stay Pending Settlement, 21 Declaration in Support, by Google Inc.,. (Silbert, David) (Filed on 3/9/2006) (Entered: March 9, 2006) |
| March 13, 2006 | 23 |
*** FILED IN ERROR. PLEASE SEE DOCKET #25. *** Memorandum in Opposition to Google's Motion for Stay filed bySteve Mizera. (Kellner, Richard) (Filed on 3/13/2006) Modified on 3/14/2006 (ewn, COURT STAFF). (Entered: March 13, 2006) |
| March 13, 2006 | 24 |
*** FILED IN ERROR. PLEASE SEE DOCKET #26. *** Declaration of Richard L. Kellner in Support of 23 Memorandum in Opposition to Motion for Stay filed bySteve Mizera. (Attachments: # 1 Exhibit Exhibits A-E)(Related document(s)23) (Kellner, Richard) (Filed on 3/13/2006) Modified on 3/14/2006 (ewn, COURT STAFF). (Entered: March 13, 2006) |
| March 13, 2006 | 25 | Memorandum in Opposition to Google's Motion for Stay filed bySteve Mizera. (Kellner, Richard) (Filed on 3/13/2006) (Entered: March 13, 2006) |
| March 13, 2006 | 26 | Declaration of Richard L. Kellner in Support of Opposition to Motion for Stay filed bySteve Mizera. (Attachments: # 1 Exhibit A-F)(Kellner, Richard) (Filed on 3/13/2006) (Entered: March 13, 2006) |
| March 13, 2006 | 27 | Proposed Order re 25 Memorandum in Opposition to Motion for Stay by Steve Mizera. (Kellner, Richard) (Filed on 3/13/2006) (Entered: March 13, 2006) |
| March 16, 2006 | 28 | RESPONSE in Support Defendant Google Inc's Reply in Support of Motion to Stay Pending Settlement filed byGoogle Inc.,. (Silbert, David) (Filed on 3/16/2006) (Entered: March 16, 2006) |
| March 16, 2006 | 29 | OBJECTIONS to re 28 Response in Support of Motion to Stay by Steve Mizera. (Kellner, Richard) (Filed on 3/16/2006) (Entered: March 16, 2006) |
| March 29, 2006 | 30 | Ex Parte MOTION to Vacate Briefing Schedule Pending Ruling on Motion to Stay filed by Google Inc.,. (Silbert, David) (Filed on 3/29/2006) (Entered: March 29, 2006) |
| March 29, 2006 | 31 | Declaration of David J. Silbert filed byGoogle Inc.,. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Silbert, David) (Filed on 3/29/2006) (Entered: March 29, 2006) |
| March 29, 2006 | 32 | Proposed Order by Google Inc.,. (Silbert, David) (Filed on 3/29/2006) (Entered: March 29, 2006) |
| March 30, 2006 | 33 | ORDER by Judge Whyte Regarding Stay Request (rmwlc2, COURT STAFF) (Filed on 3/30/2006) (Entered: March 30, 2006) |
| April 5, 2006 | 34 | ORDER by Judge Whyte Regarding Stay Request (see 20) (rmwlc2, COURT STAFF) (Filed on 4/5/2006) (Entered: April 5, 2006) |
| December 7, 2006 | 35 | STIPULATION AND ORDER Dismissing Action, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 12/7/06. (jg, COURT STAFF) (Filed on 12/7/2006) (Entered: December 7, 2006) |
| June 26, 2007 | 36 | ORDER RELATING CASE. Signed by Judge Ronald M. Whyte on 6/25/07. (jg, COURT STAFF) (Filed on 6/26/2007) (Entered: June 26, 2007) |
| June 26, 2007 | Pursuant to Related Case Order (36) Case Reassigned to Judge Patricia V. Trumbull for Discovery Matters only. Judge Richard Seeborg no longer assigned to the case. (srm, COURT STAFF) (Filed on 6/26/2007) (Entered: June 26, 2007) |
Docket Report Last Checked: November 29, 2007 15:09:11 PST
| Search for this case: Mizera v. Google | |
|---|---|
| Search Blogs | [ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ] |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Legal Web | Google | MSN | Yahoo | Ask ] |
| Plaintiff: Steve Mizera | |
|---|---|
| Represented By: Frank E Marchetti, Shawn Khorrami, Richard Kellner, Gregory E. Keller, Darren T. Kaplan | |
| Search Dockets | [ Dockets ] |
| Search Blogs | [ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ] |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Legal Web | Google | MSN | Yahoo | Ask ] |
| Defendant: Google Inc., | |
|---|---|
| Represented By: David Jason Silbert, Daralyn J. Durie, Clement S. Roberts | |
| Search Dockets | [ Dockets ] |
| Search Blogs | [ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ] |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Legal Web | Google | MSN | Yahoo | Ask ] |