Somers v. Apple, Inc.

Plaintiff Stacie Somers alleges that Defendant Apple, Inc. illegally tied DRM-protected music and video files purchased from the iTunes Music Store to the iPod, as well as deliberately crippled the iPod from playing WMA files.
Plaintiff:Stacie Somers
Defendant:Apple, Inc.
 
Case Number:5:2007cv06507
Filed:December 31, 2007
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:San Diego
Presiding Judge:Magistrate Judge Howard R. Lloyd
 
Nature of Suit:Other Statutes - Antitrust
Cause:15:15 Antitrust Litigation
Jurisdiction:Federal Question
Jury Demanded By:Defendant
Date Filed # Docket Text
December 31, 2007 1 COMPLAINT for Violation of Sherman Anti-trust Act, Cartwright Act, California Unfair Competition Law, Consumer Legal Remedies Act and Monopolization of Business Practices (Summons Issued); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 34611014009). Filed by Stacie Somers. (srm, COURT STAFF) (Filed on 12/31/2007) Text modified on 1/2/2008 (bw, COURT STAFF). (bw, COURT STAFF). (Entered: December 31, 2007)
December 31, 2007 2 AFFIDAVIT of Helen Zeldes re 1 Complaint by Stacie Somers. (srm, COURT STAFF) (Filed on 12/31/2007) (bw, COURT STAFF). (Entered: December 31, 2007)
December 31, 2007 Summons Issued as to Apple, Inc.. (srm, COURT STAFF) (Filed on 12/31/2007) (Entered: December 31, 2007)
December 31, 2007 CASE DESIGNATED for Electronic Filing. (srm, COURT STAFF) (Filed on 12/31/2007) (Entered: December 31, 2007)
December 31, 2007 3 ADR SCHEDULING ORDER: Case Management Statement due by 4/15/2008. Case Management Conference set for 4/22/2008 01:30 PM. (Attachments: # 1 standing order, # 2 CM Standing order)(srm, COURT STAFF) (Filed on 12/31/2007) (Entered: December 31, 2007)
January 11, 2008 4 Application for Admission of Attorney Craig L. Briskin to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 54611002391) filed by Stacie Somers. (bw, COURT STAFF) (Filed on 1/11/2008) (Entered: January 14, 2008)
January 11, 2008 Received (Proposed) Order Granting Application for Admission of Attorney Craig L. Briskin to appear in Pro Hac Vice re 4 by Stacie Somers. (bw, COURT STAFF) (Filed on 1/11/2008) (Entered: January 14, 2008)
January 11, 2008 5 Application for Admission of Attorney Steven A. Skalet to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 54611002392) filed by Stacie Somers.(bw, COURT STAFF) (Filed on 1/11/2008) (Entered: January 14, 2008)
January 11, 2008 Received (Proposed) Order Granting Application for Admission of Attorney Steven A. Skalet to appear in Pro Hac Vice re 5 by Stacie Somers. (bw, COURT STAFF) (Filed on 1/11/2008) (Entered: January 14, 2008)
January 17, 2008 6 ORDER by Magistrate Judge Howard R. Lloyd granting 4 Motion for Pro Hac Vice as to Attorney Briskin. (hrllc1, COURT STAFF) (Filed on 1/17/2008) (Entered: January 17, 2008)
January 17, 2008 7 ORDER by Magistrate Judge Howard R. Lloyd granting 5 Motion for Pro Hac Vice as to Attorney Skalet. (hrllc1, COURT STAFF) (Filed on 1/17/2008) (Entered: January 17, 2008)
January 22, 2008 8 Stipulation Extending Defendant's Time to Respond to the Complaint re 1 Complaint, by Apple, Inc. (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF). (Entered: January 22, 2008)
January 22, 2008 9 Certification of Interested Entities or Persons by Apple, Inc. re 1 Complaint, 8 Stipulation (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF). (Entered: January 22, 2008)
January 22, 2008 10 CERTIFICATE OF SERVICE by Apple, Inc. re 8 Stipulation Extending Time, 9 Certification of Interested Entities or Persons (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF). (Entered: January 22, 2008)
January 29, 2008 11 CERTIFICATE OF SERVICE OF ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; STIPULATION AND [PROPOSED] ORDER FILED IN CASE NO. C 05-00037-JW by Stacie Somers (Attachments: # 1 Copy of Administrative Motion to Relate Cases, # 2 Copy of Stipulation to Relate Cases, # 3 Copy of Proposed Order to Relate Cases)(Zeldes, Helen) (Filed on 1/29/2008) Text modified on 1/30/2008 conforming to posted document caption (bw, COURT STAFF). (Entered: January 29, 2008)
February 15, 2008 12 ORDER Relating Cases: 5:05-cv-00037-JW; 5:06-cv-04457-JW; and 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" re 11 Certificate of Service, filed by Stacie Somers. Related cases: Create association to 5:05-cv-00037-JW and 5:06-cv-04457-JW. Signed by Judge James Ware on 2/14/2008. (ecg, COURT STAFF) (Filed on 2/15/2008) (Entered: February 15, 2008)
February 15, 2008 13 RELATED CASE ORDER. 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 5:05-cv-00037-JW and 5:06-cv-04457-JW. Signed by Judge James Ware on 2/14/2008. (ecg, COURT STAFF) (Filed on 2/15/2008) (Additional attachment(s) added on 2/19/2008: # 1 Certificate of Service) (tsh, COURT STAFF). (Entered: February 15, 2008)
February 15, 2008 Pursuant to Related Case Order ( 13 ). Case reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. Magistrate Judge Howard R. Lloyd no longer assigned to the case. (tsh, COURT STAFF) (Filed on 2/15/2008) (Entered: February 19, 2008)
February 15, 2008 Set/Reset Hearings: pursuant to 12 Order Relating Cases. Joint Case Management Statement due 4/18/20008. Case Management Conference set for 4/28/2008 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 2/15/2008) (Entered: February 19, 2008)
February 21, 2008 14 ANSWER to Complaint with Jury Demand by Apple, Inc.. (Strong, Tracy) (Filed on 2/21/2008) Modified on 2/22/2008 (cv, COURT STAFF). (Entered: February 21, 2008)
March 14, 2008 15 STIPULATION and [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Apple, Inc.. (Strong, Tracy) (Filed on 3/14/2008) (Entered: March 14, 2008)
March 14, 2008 16 STIPULATION AND [PROPOSED] ORDER LIMITING DISCOVERY by Apple, Inc.. (Attachments: # 1 Exhibit A)(Strong, Tracy) (Filed on 3/14/2008) (Entered: March 14, 2008)
March 14, 2008 17 CERTIFICATE OF SERVICE by Apple, Inc. re 16 Stipulation, 15 Stipulation (Strong, Tracy) (Filed on 3/14/2008) (Entered: March 14, 2008)
March 14, 2008 18 PROTECTIVE ORDER re 15 . Signed by Judge Richard Seeborg on 3/14/08. (rssec, COURT STAFF) (Filed on 3/14/2008) (Entered: March 14, 2008)
March 14, 2008 19 ORDER re 16 Stipulation filed by Apple, Inc. Signed by Judge Richard Seeborg on 3/14/08. (rssec, COURT STAFF) (Filed on 3/14/2008) (Entered: March 14, 2008)
April 18, 2008 20 JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement and Proposed Order filed by Apple, Inc.. (Mittelstaedt, Robert) (Filed on 4/18/2008) (Entered: April 18, 2008)
April 22, 2008 21 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) (Entered: April 22, 2008)
April 22, 2008 Set Deadlines/Hearings: pursuant Order (21) in 5:07-cv-06507-JW Somers v. Apple, Inc; (154) in 5:05-cv-37-JW, (51) in 5:06-cv-4457-JW. Parties to file response to Court's request by 5/2/2008. Case Management Conference set IN ALL CASES for 5/12/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 4/22/2008) (Entered: 04/22/2008)
May 2, 2008 22 Response to 21 Court's Order Re. Consolidation filed by Stacie Somers. (Zeldes, Helen) (Filed on 5/2/2008) Modified on 5/5/2008,(counsel failed to properly link to which document relates to.) (cv, COURT STAFF). (Entered: May 2, 2008)
May 2, 2008 23 Statement in Favor of Consolidation. (Mittelstaedt, Robert) (Filed on 5/2/2008) Modified text on 5/5/2008 (cv, COURT STAFF). (Entered: May 2, 2008)
May 12, 2008 24 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) (Entered: May 12, 2008)
May 14, 2008 25 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) (Entered: May 14, 2008)
May 29, 2008 26 STIPULATION and [Proposed] Order Setting Briefing Schedule for Class Certification by Stacie Somers. (Zeldes, Helen) (Filed on 5/29/2008) (Entered: May 29, 2008)
June 4, 2008 27 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) (Entered: June 4, 2008)
Docket Report Last Checked: July 16, 2008 19:53:18 PDT
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Plaintiff: Stacie Somers
Represented By: Helen I. Zeldes, Steven A Skalet, Alreen Haeggquist, Craig L. Briskin
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Defendant: Apple, Inc.
Represented By: Tracy Strong
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