Goodard v. Google, Inc.

Plaintiff Jenna Goddard alleged that she was injured when she provided her cell phone number to an allegedly fraudulent mobile subscription services website and was charged for unwanted mobile content services in the form of premium text messages. Plaintiff alleged that the fradulent subscription services website she was was a Google AdWords advertiser and absent Google's provision of AdWords services to the Fraudulent Mobile Subscription Services, Plaintiff would never have been damaged.
Plaintiff:Jenna Goodard
Defendant:Google, Inc.
 
Case Number:5:2008cv02738
Filed:May 30, 2008
 
Court:California Northern District Court
Office:Contract: Other Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Hon. Jeremy Fogel
Presiding Judge:Magistrate Judge Patricia V. Trumbull
Referring Judge:Magistrate Judge Patricia V. Trumbull
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1332 Diversity-Other Contract
Amount Demanded:$5,000,000.00
Date Filed # Docket Text
May 30, 2008 1 NOTICE OF REMOVAL (NO PROCESS); jury demand; from Superior Court of California, Santa Clara County. Their case number is 108CV111658. (Filing fee $350 receipt number 54611003286). Filed by Google, Inc. (Attachments: # 1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 5/30/2008) (Entered: June 2, 2008)
May 30, 2008 2 Certification of Interested Entities or Persons by Google, Inc. (bw, COURT STAFF) (Filed on 5/30/2008) (Entered: June 2, 2008)
May 30, 2008 3 ADR SCHEDULING ORDER: Case Management Statement due by 9/9/2008. Case Management Conference set for 9/16/2008 02:00 PM. (bw, COURT STAFF) (Filed on 5/30/2008) (Entered: June 2, 2008)
May 30, 2008   CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 5/30/2008) (Entered: June 2, 2008)
June 2, 2008 4 Proof of Service Via Mail re Case Referred to ECF, 2 Certificate of Interested Entities, 3 ADR Scheduling Order, 1 Notice of Removal, by Google, Inc (Johnson-McKewan, Karen) (Filed on 6/2/2008) Text modified on 6/3/2008 (bw, COURT STAFF). (Entered: June 2, 2008)
June 2, 2008 5 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Google, Inc. . (Johnson-McKewan, Karen) (Filed on 6/2/2008) Modified on 6/2/2008 (bw, COURT STAFF). (Entered: June 2, 2008)
June 3, 2008 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT. Case Management Conference set for 9/19/2008 10:30 AM Before Honorable Jeremy Fogel. Case Management Statement due by 9/12/2008. (cm, COURT STAFF) (Filed on 6/3/2008) (Entered: June 3, 2008)
June 3, 2008 7 ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Judge Patricia V. Trumbull for all discovery matters. Signed by The Executive Committee on 06/03/08. (tsh, COURT STAFF) (Filed on 6/3/2008) (Entered: June 4, 2008)
June 4, 2008 8 STIPULATION For An Order Extending Time For Defendant Google Inc. To Respond To Plaintiff's Complaint Pursuant to Local Rule 6-2 by Google, Inc.. (Attachments: # 1 Proposed Order)(Rapkin, Nikka) (Filed on 6/4/2008) (Entered: June 4, 2008)
June 4, 2008 9 Declaration of Nikka N. Rapkin in Support of 8 Stipulation Requesting For An Order Extending Time For Defendant Google Inc. To Respond To Plaintiff's Complaint Pursuant To Local Rule 6-2 filed byGoogle, Inc.. (Related document(s) 8 ) (Rapkin, Nikka) (Filed on 6/4/2008) (Entered: June 4, 2008)
June 17, 2008 10 ORDER GRANTING re 8 Stipulation Extending Time for Defendant Google Inc. to Respond to Plaintiff's Complaint. Signed by Judge Jeremy Fogel on 6/12/08. (dlm, COURT STAFF) (Filed on 6/17/2008) (Entered: June 17, 2008)
June 30, 2008 11 MOTION to Remand filed by Jenna Goodard. Motion Hearing set for 9/5/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Himmelfarb, Alan) (Filed on 6/30/2008) (Entered: June 30, 2008)
June 30, 2008 12 Proposed Order re 11 MOTION to Remand by Jenna Goodard. (Himmelfarb, Alan) (Filed on 6/30/2008) (Entered: June 30, 2008)
July 2, 2008 13 STIPULATION Stipulated Request For An Order Extending Time For Defendant Goggle Inc. To Respond To Plaintiff's Motion To Remand Pursuant To Local Rule 6-2; Declaration of Nikka N. Rapkin In Support by Google, Inc.. (Rapkin, Nikka) (Filed on 7/2/2008) (Entered: July 2, 2008)
July 2, 2008 14 Declaration of Nikka N. Rapkin in Support of 13 Stipulation, Declaration Of Nikka N. Rapkin In Support Of Stipulated Request For An Order Extending Time For Defendant Google Inc. To Respond To Plaintiff's Motion To Remand filed byGoogle, Inc.. (Related document(s) 13 ) (Rapkin, Nikka) (Filed on 7/2/2008) (Entered: July 2, 2008)
July 2, 2008 15 Proposed Order re 13 Stipulation, 14 Declaration in Support, [Proposed] Order Extending Time For Defendant Google Inc. To Respond To Plaintiff's Motion To Remand Pursuant To Local Rule 6-2 by Google, Inc.. (Rapkin, Nikka) (Filed on 7/2/2008) (Entered: July 2, 2008)
July 7, 2008 16 ORDER GRANTING STIPULATED REQUEST TO EXTEND TIME re 13 Stipulation, filed by Google, Inc. Signed by Judge Jeremy Fogel on 7/7/08. (jfsec, COURT STAFF) (Filed on 7/7/2008) (Entered: July 7, 2008)
August 29, 2008 17 MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof filed by Google, Inc. (Rapkin, Nikka) (Filed on 8/29/2008) Modified on 9/5/2008 (dlm, COURT STAFF). (Entered: August 29, 2008)
August 29, 2008 18 Declaration of Nikka N. Rapkin in Support of 17 MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof filed byGoogle, Inc.. (Related document(s) 17 ) (Rapkin, Nikka) (Filed on 8/29/2008) (Entered: August 29, 2008)
August 29, 2008 19 Proposed Order re 17 MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof by Google, Inc.. (Rapkin, Nikka) (Filed on 8/29/2008) (Entered: August 29, 2008)
August 29, 2008 20 Request for Judicial Notice in Support of Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's 11 Motion to Remand filed byGoogle, Inc.. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part II), # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E (Part I), # 7 Exhibit E (Part II), # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Rapkin, Nikka) (Filed on 8/29/2008) Modified on 9/2/2008 (gm, COURT STAFF). (Entered: August 29, 2008)
August 29, 2008   Received Opposition to Motion to Remand (FILED UNDER SEAL). (gm, COURT STAFF) (Filed on 8/29/2008) (Entered: September 3, 2008)
August 29, 2008   Received Declaration in support of Opposition (FILED UNDER SEAL). (gm, COURT STAFF) (Filed on 8/29/2008) (Entered: September 3, 2008)
August 29, 2008 21 REDACTION VERSION of Opposition to 11 MOTION to Remand by Google, Inc.. (gm, COURT STAFF) (Filed on 8/29/2008) (Entered: 09/03/2008)
September 4, 2008 22 ADR Clerk's Notice Re: Non-Compliance with Court Order (ls7, COURT STAFF) (Filed on 9/4/2008) (Entered: September 4, 2008)
September 4, 2008 23 STIPULATION -- Stipulated Request To Extend Time In For Plaintiff To Reply In Support Of Her Motion To Remand And To Continue Hearing Date Of September 19, 2008 by Jenna Goodard. (Attachments: # 1 Proposed Order)(Himmelfarb, Alan) (Filed on 9/4/2008) (Entered: September 4, 2008)
September 5, 2008 24 ORDER GRANTING re 17 MOTION File Under Seal (1) Google Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and (2) the Declaration of Matthew Hudson in Support Thereof. Signed by Judge Jeremy Fogel on 9/5/08. (dlm, COURT STAFF) (Filed on 9/5/2008) (Entered: 09/05/2008)
September 5, 2008 26 MEMORANDUM in Opposition (FILED UNDER SEAL) (gm, COURT STAFF) (Filed on 9/5/2008) . (Entered: September 8, 2008)
September 5, 2008 27 Declaration in support of Oppostion (FILED UNDER SEAL) (gm, COURT STAFF) (Filed on 9/5/2008) (Entered: September 8, 2008)
September 8, 2008 25 ORDER GRANTING re 23 Stipulated Request for an Order Extending Time in Which Plaintiff may Reply in Support of her Motion to Remand and to Continue Hearing Date of September 19, 2008. Motion to Remand Hearing set for 10/3/2008 09:00 AM. Signed by Judge Jeremy Fogel on 9/8/08. (dlm, COURT STAFF) (Filed on 9/8/2008) (Entered: September 8, 2008)
September 9, 2008 28 STIPULATION -- STIPULATED REQUEST FOR AN ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE OF 9-19-08 TO 10-3-08 AT 9:00 A.M. by Jenna Goodard. (Attachments: # 1 Proposed Order)(Himmelfarb, Alan) (Filed on 9/9/2008) (Entered: September 9, 2008)
September 11, 2008 29 ORDER GRANTING 28 STIPULATED REQUEST FOR AN ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE OF 9/19/08 TO 10/3/08 AT 9:00 a.m. Further Case Management Conference set for 10/3/2008 09:00 a.m. to be heard in conjunction with motion to remand. Signed by Judge Jeremy Fogel on 9/11/08. (jflc2, COURT STAFF) (Filed on 9/11/2008) (Entered: September 11, 2008)
September 19, 2008 30 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Rapkin, Nikka) (Filed on 9/19/2008) (Entered: September 19, 2008)
September 19, 2008 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options BY PARTIES AND COUNSEL (Rapkin, Nikka) (Filed on 9/19/2008) (Entered: September 19, 2008)
September 23, 2008 32 ADR Clerks Notice Setting ADR Phone Conference on 10/1/08 at 9:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/23/2008) (Entered: September 23, 2008)
September 26, 2008 33 Reply to Opposition to Motion To Remand filed byJenna Goodard. (Himmelfarb, Alan) (Filed on 9/26/2008) (Entered: September 26, 2008)
September 26, 2008 34 JOINT CASE MANAGEMENT STATEMENT filed by Google, Inc.. (Rapkin, Nikka) (Filed on 9/26/2008) (Entered: September 26, 2008)
October 1, 2008   ADR Remark: ADR Phone Conference held by HAH on 10/1/08. (tjs, COURT STAFF) (Filed on 10/1/2008) (Entered: October 2, 2008)
October 3, 2008 36 MOTION for Attorney Ethan Preston for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 54611004000.) filed by Jenna Goodard. (gm, COURT STAFF) (Filed on 10/3/2008) (Entered: October 6, 2008)
October 3, 2008 37 Proposed Order re 36 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 54611004000.) by Jenna Goodard. (gm, COURT STAFF) (Filed on 10/3/2008) (Entered: October 6, 2008)
October 3, 2008 38 Minute Entry: Motion Hearing held on 10/3/2008 before Judge Jeremy Fogel re 11 Motion to Remand(Date Filed: 10/3/2008). The motion is taken under submission. Further Case Management Conference set for 10/31/2008 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 10/3/2008) (Entered: 10/06/2008)
October 5, 2008 35 Letter from Alan Himmelfarb to Judge Fogel. (Himmelfarb, Alan) (Filed on 10/5/2008) (Entered: October 5, 2008)
October 10, 2008 39 ORDER DENYING 11 PLAINTIFF'S MOTION FOR REMAND. Signed by Judge Jeremy Fogel on 10/10/08. (jflc2, COURT STAFF) (Filed on 10/10/2008) (Entered: October 10, 2008)
October 10, 2008 40 ORDER GRANTING re 36 MOTION for leave to appear in Pro Hac Vice for Ethan Preston. Signed by Judge Jeremy Fogel on 10/7/08. (dlm, COURT STAFF) (Filed on 10/10/2008) (Entered: October 10, 2008)
October 16, 2008 41 NOTICE of Change of Address by Ethan Mark Preston (Preston, Ethan) (Filed on 10/16/2008) (Entered: October 16, 2008)
October 31, 2008 42 Minute Entry: Further Case Management Conference held on 10/31/2008 before Judge Jeremy Fogel (Date Filed: 10/31/2008). Further Case Management Conference set for 12/5/2008 10:30 AM; Anticipated Motion to Dismiss hearing set for 12/5/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Court Reporter Summer Clanton.) (ecg, COURT STAFF) (Date Filed: 10/31/2008) (Entered: October 31, 2008)
October 31, 2008 43 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof (Notice of) filed by Google, Inc.. Motion Hearing set for 12/5/2008 09:00 AM. (Johnson-McKewan, Karen) (Filed on 10/31/2008) (Entered: October 31, 2008)
October 31, 2008 44 Proposed Order re 43 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof (Notice of) by Google, Inc.. (Johnson-McKewan, Karen) (Filed on 10/31/2008) (Entered: October 31, 2008)
November 14, 2008 45 Memorandum in Opposition re 43 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof (Notice of) filed byJenna Goodard. (Preston, Ethan) (Filed on 11/14/2008) (Entered: November 14, 2008)
November 21, 2008 46 RESPONSE in Support re 43 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof (Notice of) filed byGoogle, Inc.. (Johnson-McKewan, Karen) (Filed on 11/21/2008) (Entered: November 21, 2008)
December 5, 2008 47 Minute Entry: Motion Hearing held on 12/5/2008 before Judge Jeremy Fogel (Date Filed: 12/5/2008) re 43 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof (Notice of) filed by Google, Inc.. The motion is taken under submission. The case management conference is not held. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 12/5/2008) (Entered: December 8, 2008)
December 17, 2008 48 ORDER GRANTING 43 MOTION TO DISMISS. Signed by Judge Jeremy Fogel on 12/17/08.(jflc3, COURT STAFF) (Filed on 12/17/2008) (Entered: December 17, 2008)
January 16, 2009 49 AMENDED COMPLAINT against Google, Inc.. Filed byJenna Goodard. (Attachments: # 1 Notice of Filing / Certificate of Service)(Himmelfarb, Alan) (Filed on 1/16/2009) (Entered: January 16, 2009)
January 27, 2009   ADR Remark: ADR Phone Conference held by HAH on 1/26/09. (tjs, COURT STAFF) (Filed on 1/27/2009) (Entered: January 27, 2009)
February 5, 2009 50 MOTION to Dismiss AMENDED COMPLAINT filed by Google, Inc.. Motion Hearing set for 4/3/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Johnson-McKewan, Karen) (Filed on 2/5/2009) (Entered: February 5, 2009)
March 9, 2009 51 MOTION for Attorney Michael McMorrow for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 54611004856.) filed by Jenna Goodard. (gm, COURT STAFF) (Filed on 3/9/2009) (Entered: March 10, 2009)
March 9, 2009 52 Proposed Order re 51 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 54611004856.) by Jenna Goodard. (gm, COURT STAFF) (Filed on 3/9/2009) (Entered: March 10, 2009)
March 13, 2009 53 Memorandum in Opposition re 50 MOTION to Dismiss AMENDED COMPLAINT filed byJenna Goodard. (Himmelfarb, Alan) (Filed on 3/13/2009) (Entered: March 13, 2009)
March 16, 2009 54 ORDER by Judge Jeremy Fogel granting 51 Motion for Pro Hac Vice for Michael McMorrow (dlm, COURT STAFF) (Filed on 3/16/2009) (Entered: March 16, 2009)
March 17, 2009 55 NOTICE of Change In Counsel by Ethan Mark Preston Notice of Disassociation (Preston, Ethan) (Filed on 3/17/2009) (Entered: March 17, 2009)
March 18, 2009 56 MOTION to Withdraw as Attorney filed by Jenna Goodard. Motion Hearing set for 5/1/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Preston, Ethan) (Filed on 3/18/2009) (Entered: 03/18/2009)
March 20, 2009 57 Reply to Opposition re 50 MOTION to Dismiss AMENDED COMPLAINT filed byGoogle, Inc.. (Johnson-McKewan, Karen) (Filed on 3/20/2009) (Entered: March 20, 2009)
April 3, 2009 58 Minute Entry: Motion Hearing held on 4/3/2009 before Judge Jeremy Fogel (Date Filed: 4/3/2009) re 50 MOTION to Dismiss AMENDED COMPLAINT. The motion is taken under submission. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 4/3/2009) (Entered: April 6, 2009)
April 16, 2009 59 ORDER BY JUDGE JEREMY FOGEL GRANTING 56 MOTION TO WITHDRAW AS ATTORNEY. (jflc2, COURT STAFF) (Filed on 4/16/2009) (Entered: 04/16/2009)
April 29, 2009   ADR Remark: ADR Phone Conference held by HAH on 4/27/09. A further ADR Phone Conference has been scheduled for 5/26/09 at 9:00 a.m. (tjs, COURT STAFF) (Filed on 4/29/2009) (Entered: 04/29/2009)
May 15, 2009 60 MOTION for Leave to File Supplemental Authority In Support Of Her Opposition to Googles Motion to Dismiss the First Amended Complaint filed by Jenna Goodard. Motion Hearing set for 6/19/2009 09:00 AM. (Himmelfarb, Alan) (Filed on 5/15/2009) (Entered: May 15, 2009)
May 18, 2009 61 ORDER GRANTING 60 MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING. Signed by Judge Jeremy Fogel on 5/18/09. (jflc3, COURT STAFF) (Filed on 5/18/2009) (Entered: May 18, 2009)
May 26, 2009   ADR Remark: ADR Phone Conference held by HAH on 5/26/09. (sgd, COURT STAFF) (Filed on 5/26/2009) (Entered: May 26, 2009)
May 29, 2009 62 Brief re 45 Memorandum in Opposition to Defendant's Motion to Dismiss filed byJenna Goodard. (Attachments: # 1 Notice of Filing)(Related document(s) 45 ) (Himmelfarb, Alan) (Filed on 5/29/2009) (Entered: May 29, 2009)
June 12, 2009 63 Reply Memorandum re 50 MOTION to Dismiss AMENDED COMPLAINT (SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF GOOGLE INC.'S MOTION TO DISMISS) filed byGoogle, Inc.. (Johnson-McKewan, Karen) (Filed on 6/12/2009) (Entered: June 12, 2009)
June 19, 2009 64 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byGoogle, Inc.. (Related document(s) 50 ) (Johnson-McKewan, Karen) (Filed on 6/19/2009) (Entered: June 19, 2009)
June 23, 2009 65 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d (SECOND STATEMENT RELATING TO GOOGLE'S MOTION TO DISMISS) filed byGoogle, Inc.. (Related document(s) 50 ) (Johnson-McKewan, Karen) (Filed on 6/23/2009) (Entered: June 23, 2009)
July 30, 2009 66 ORDER GRANTING 50 MOTION TO DISMISS. Signed by Judge Jeremy Fogel on 7/30/09. (jflc3, COURT STAFF) (Filed on 7/30/2009) (Entered: July 30, 2009)
August 11, 2009 67 JUDGMENT. Signed by Judge Jeremy Fogel on 8/11/09. (jflc3, COURT STAFF) (Filed on 8/11/2009) (Entered: August 11, 2009)
November 16, 2009   SEALED DOCUMENTS LOCATED AT FEDERAL RECORDS CENTER (FRC) San Bruno, CA. Accession #:021-09-5150 Box #:48. (pmc, COURT STAFF) (Filed on 11/16/2009) (Entered: November 16, 2009)
Docket Report Last Checked: January 27, 2010 14:49:26 PST
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Plaintiff: Jenna Goodard
Represented By: Alan Himmelfarb
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Defendant: Google, Inc.
Represented By: Nancy E. Harris, Karen Johnson-McKewan, Kikka N Rapkin
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