Almeida v. Google, Inc.

Plaintiff David Almeida alleges that Defendant Google Inc. failed to disclose that leaving the content ad CPC input blank would subject Plaintiff to charges for content ads on third party websites.
Plaintiff:David Almeida
Defendant:Google, Inc.
 
Case Number:5:2008cv02088
Filed:April 22, 2008
 
Court:California Northern District Court
Office:Fraud or Truth-In-Lending Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Magistrate Judge Howard R. Lloyd
 
Nature of Suit:Torts - Property - Other Fraud
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Fraud
Date Filed # Docket Text
April 22, 2008 1 CLASS ACTION COMPLAINT against Google, Inc. (SUMMONS ISSUED); jury demand; ( Filing fee $ 350, receipt number 54611003015). Filed by avid Almeida. (Attachments: # 1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 4/22/2008) (Additional attachment(s) added on 5/20/2008: # 2 Complaint) (bw, COURT STAFF). (Entered: April 22, 2008)
April 22, 2008 2 ADR SCHEDULING ORDER: Case Management Conference set for 8/12/2008 01:30 PM. Case Management Statement due by 8/5/2008. (bw, COURT STAFF) (Filed on 4/22/2008) (Entered: April 22, 2008)
April 22, 2008 3 Summons Issued as to Google, Inc. (bw, COURT STAFF) (Filed on 4/22/2008) (Entered: April 22, 2008)
April 22, 2008   CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/22/2008) (Entered: April 22, 2008)
April 22, 2008   ** DUPLICATE DOCKET ENTRY*** DOCKETED IN ERROR *** CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/22/2008) Modified on 4/23/2008 (bw, COURT STAFF). (Entered: 04/22/2008)
June 27, 2008 4 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Google, Inc. (Bertenthal, Alyse) (Filed on 6/27/2008) Text modified on 6/30/2008 (bw, COURT STAFF). (Entered: June 27, 2008)
June 27, 2008 5 Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil Local Rule 3-12 by Google, Inc. (Bertenthal, Alyse) (Filed on 6/27/2008) Text modified on 6/27/2008 (bw, COURT STAFF). (Entered: June 27, 2008)
June 27, 2008 6 Declaration of Alyse D. Bertenthal In Support of Defendant Google's Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civ Local Rule 3-12 by Google, Inc. re 5 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Bertenthal, Alyse) (Filed on 6/27/2008) Text modified on 6/27/2008, incorrect event type used (bw, COURT STAFF). (Entered: June 27, 2008)
June 30, 2008 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 6/30/2008) (Entered: June 30, 2008)
June 30, 2008 8 ORDER REASSIGNING CASE. Case reassigned to District Judge Ronald M. Whyte for all further proceedings and Magistrate Judge Howard R. Lloyd for all discovery matters. Signed by The Executive Committee on 06/30/08. (tsh, COURT STAFF) (Filed on 6/30/2008) (Entered: June 30, 2008)
July 14, 2008 9 ANSWER to Complaint byGoogle, Inc.. (Silbert, David) (Filed on 7/14/2008) (Entered: July 14, 2008)
July 22, 2008 10 ORDER RELATING CASE to Case No. C-05-02885-RMW. Signed by Judge Ronald M. Whyte on 7/22/08. (jg, COURT STAFF) (Filed on 7/22/2008) (Entered: July 22, 2008)
July 22, 2008   Pursuant to Related Case Order ( 10 ). Case reassigned to Magistrate Juddge Patricia V. Trumbull for all further discovery matters. Magistrate Judge Howard R. Lloyd no longer assigned to the case. (tsh, COURT STAFF) (Filed on 7/22/2008) (Entered: July 25, 2008)
July 25, 2008 11 STIPULATION and Proposed Order selecting Mediation by David Almeida (Torrijos, Alfredo) (Filed on 7/25/2008) (Entered: July 25, 2008)
August 6, 2008 12 STIPULATION AND ORDER 11 Selecting ADR Process. Mediation. Signed by Judge Ronald M. Whyte on 8/6/08. (jg, COURT STAFF) (Filed on 8/6/2008) (Entered: August 6, 2008)
August 8, 2008 13 JOINT CASE MANAGEMENT STATEMENT filed by David Almeida. (Torrijos, Alfredo) (Filed on 8/8/2008) (Entered: August 8, 2008)
August 15, 2008 14 Proposed Order [Proposed] Scheduling and Case Management Order by Google, Inc.. (Bertenthal, Alyse) (Filed on 8/15/2008) (Entered: August 15, 2008)
August 15, 2008 15 Minute Entry: Initial Case Management Conference held on 8/15/2008 before Ronald M. Whyte (Date Filed: 8/15/2008). Further Case Management Conference set for 6/19/2009 10:30 AM. Motion Hearing set for 6/19/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Court Reporter Not Reported.) (jg, COURT STAFF) (Date Filed: 8/15/2008) (Entered: August 19, 2008)
September 4, 2008 16 MOTION to Relate Cases C08-3369 JW, C08-3452 RMW, and C08-3888 SI filed by Google, Inc.. (Norton, Leo) (Filed on 9/4/2008) Modified on 10/16/2008 (cv, COURT STAFF). (Entered: September 4, 2008)
September 4, 2008 17 Declaration of Leo P. Norton in Support of 16 MOTION to Relate Case Administrative Motion filed byGoogle, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 16 ) (Norton, Leo) (Filed on 9/4/2008) (Entered: September 4, 2008)
September 9, 2008 18 Memorandum in Opposition to Google's Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil Local Rule 3-12 filed byDavid Almeida. (Jonckheer, Willem) (Filed on 9/9/2008) (Entered: September 9, 2008)
September 9, 2008 19 Declaration of Willem F. Jonckheer in Support of 18 Memorandum in Opposition to Google's Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil Local Rule 3-12 filed byDavid Almeida. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 18 ) (Jonckheer, Willem) (Filed on 9/9/2008) (Entered: September 9, 2008)
September 29, 2008 20 ORDER by Judge Whyte denying 16 Defendant's Administrative Motion to Relate Case C08-3369 JW, C08-3452 RMW, and C08-3888 SI. It does not determine whether those cases are related to each other. That Issue is before Judge Ware, whose Levitte case has the lowest docket number of the three. (rmwlc2, COURT STAFF) (Filed on 9/29/2008) Modified on 10/16/2008 (cv, COURT STAFF). (Entered: September 29, 2008)
October 1, 2008 21 CERTIFICATE OF SERVICE by Google, Inc. (Norton, Leo) (Filed on 10/1/2008) (Entered: October 1, 2008)
October 1, 2008 22 ADR Clerk's Notice Appointing Robert Ebe as Mediator. (cmf, COURT STAFF) (Filed on 10/1/2008) (Entered: October 1, 2008)
October 6, 2008   Pre MED phone conference scheduled on 10/10/2008 at 10:00 a.m. (cmf, COURT STAFF) (Filed on 10/6/2008) (Entered: October 6, 2008)
October 10, 2008 23 CASE MANAGEMENT SCHEDULING ORDER 14 : Motion Hearing on Motion for Class Certification set for 6/19/2008 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/10/08. (jg, COURT STAFF) (Filed on 10/10/2008) (Entered: October 10, 2008)
March 4, 2009   Set/Reset Hearings: Mediation Hearing set for 5/28/2009 at 09:30 AM at the Mediator's San Francisco office located at One Embarcadero Center, 18th Floor. Written statements due by 5/15/2009. (cmf, COURT STAFF) (Filed on 3/4/2009) (Entered: March 4, 2009)
March 6, 2009 24 STIPULATION and [Proposed] Order Modifying Case Schedule by Google, Inc.. (Silbert, David) (Filed on 3/6/2009) (Entered: March 6, 2009)
April 2, 2009 25 STIPULATION AND ORDER 24 Modifying Case Schedule: Motion Hearing on Class Certification set for 10/23/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 4/2/09. (jg, COURT STAFF) (Filed on 4/2/2009) (Entered: April 2, 2009)
May 20, 2009   Set/Reset Hearings: Mediation Hearing rescheduled to 9/28/2009 at 09:30 AM at One Embarcadero Center, 18th Floor in San Francisco. Written statements due by 9/18/2009. (cmf, COURT STAFF) (Filed on 5/20/2009) (Entered: May 20, 2009)
June 17, 2009 26 CLERKS NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE: Case Management Conference set for 10/23/2009 10:30 AM. Joint Case Management Statement due by 10/16/2009. (jg, COURT STAFF) (Filed on 6/17/2009) (Entered: June 17, 2009)
September 11, 2009 27 MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE filed by David Almeida. Motion Hearing set for 10/30/2009 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Storti, Michael) (Filed on 9/11/2009) (Entered: September 11, 2009)
September 11, 2009 28 Declaration of Michael V. Storti in Support of 27 MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE filed byDavid Almeida. (Related document(s) 27 ) (Storti, Michael) (Filed on 9/11/2009) (Entered: September 11, 2009)
September 11, 2009 29 STIPULATION AND [PROPOSED] ORDER TO VACATE THE DEADLINE FOR THE PARTIES TO CONDUCT MEDIATION by David Almeida. (Storti, Michael) (Filed on 9/11/2009) (Entered: September 11, 2009)
September 25, 2009 30 STIPULATION AND ORDER 29 to Vacate the Deadline for the Parties to Conduct Mediation. Signed by Judge Ronald M. Whyte on 9/25/09. (jg, COURT STAFF) (Filed on 9/25/2009) (Entered: September 25, 2009)
October 9, 2009 31 Opposition to 27 Plaintiff's Motion for Leave to File a 1st Amended Complaint and to Set a New Case Managmenet Conference filed byGoogle, Inc.. (Bertenthal, Alyse) (Filed on 10/9/2009) Modified on 10/22/2009 counsel failed to link entry to document #27 (dhm, COURT STAFF). (Entered: October 9, 2009)
October 9, 2009 32 Declaration of David J. Silbert in Support of 31 Memorandum in Opposition to Plaintiff's Motion for Leave to File a First Amended Complaint and to Set New Case Managmenet Conference filed byGoogle, Inc.. (Attachments: # 1 Exhibit A to D)(Related document(s) 31 ) (Bertenthal, Alyse) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 14, 2009 33 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE by Google, Inc.. (Silbert, David) (Filed on 10/14/2009) (Entered: October 14, 2009)
October 15, 2009 34 STIPULATION AND ORDER 33 to Continue Case Management Conference. Signed by Judge Ronald M. Whyte on 10/15/09. (jg, COURT STAFF) (Filed on 10/15/2009) (Entered: October 15, 2009)
October 16, 2009 35 Reply Memorandum re 27 MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE filed byDavid Almeida. (Storti, Michael) (Filed on 10/16/2009) (Entered: October 16, 2009)
October 16, 2009 36 Declaration of Michael V. Storti in Support of 35 Reply Memorandum, filed byDavid Almeida. (Related document(s) 35 ) (Storti, Michael) (Filed on 10/16/2009) (Entered: October 16, 2009)
October 30, 2009 37 Minute Entry: Motion Hearing held on 10/30/2009 before Ronald M. Whyte (Date Filed: 10/30/2009) re 27 MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE MOTION to Amend/Correct 1 Complaint, PLAINTIFFS MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT AND TO SET NEW CASE MANAGEMENT CONFERENCE filed by David Almeida. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Date Filed: 10/30/2009) (Entered: November 9, 2009)
November 13, 2009 38 ORDER by Judge Whyte denying without prejudice 27 Plaintiff's Motion For Leave to File a First Amended Complaint and to Set a New Case Management Conference. (rmwlc1, COURT STAFF) (Filed on 11/13/2009) (Entered: November 13, 2009)
Docket Report Last Checked: November 18, 2009 08:37:36 PST
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Plaintiff: David Almeida
Represented By: Brian S. Kabateck, Richard L. Kellner, Alfredo Torrijos
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Defendant: Google, Inc.
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