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Date Filed
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#
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Docket Text
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| August 19, 2008 |
1
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COMPLAINT against Apple, Inc. (Filing fee $350 receipt #200 249335) filed by Jessica Alena Smith.(KGE) (Entered: August 20, 2008)
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| August 19, 2008 |
2
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Request for service by certified mail filed by Jessica Alena Smith. (KGE) (Entered: August 20, 2008)
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| August 20, 2008 |
3
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Summons Issued as to Apple, Inc., mailed certified mail (KGE) (Entered: August 20, 2008)
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| August 22, 2008 |
4
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SUMMONS Returned Executed Apple, Inc. served on 8/21/2008, answer due 9/10/2008. (KGE) (Entered: August 22, 2008)
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| August 25, 2008 |
5
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AMENDED DOCUMENT by Jessica Alena Smith. Amendment to 1 Complaint. (Reisinger, Edward) (Entered: August 25, 2008)
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| August 28, 2008 |
6
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Summons Issued as to Apple, Inc., mailed amended complaint by certified mail (KGE) (Entered: August 28, 2008)
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| August 28, 2008 |
7
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Joint MOTION for Extension of Time to File Answer re 1 Complaint, 5 Amended Document by Apple, Inc.. (Borden, Gray) (Entered: August 28, 2008)
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| August 29, 2008 |
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ORDER granting and ordering accordingly 7 Motion for Extension of Time to Answer Signed by Judge William M Acker, Jr. on
08/29/08. (CJC) (Entered: August 29, 2008)
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| August 29, 2008 |
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Reset Deadlines per order: Apple, Inc. answer due 10/10/2008. (KWC) (Entered: August 29, 2008)
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| September 3, 2008 |
8
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Return of service Unexecuted as to Apple, Inc. which contained the Amended Complaint (returned for additional.34 cent postage) (KGE) (Entered: September 4, 2008)
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| September 16, 2008 |
9
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ALIAS Summons issued as to Apple, Inc., mailed certified mail (contains the Amended Complaint) (KGE) (Entered: September 16, 2008)
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| September 18, 2008 |
10
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ALIAS SUMMONS Returned for Apple Computer Inc which contained the Amended Complaint; no signature or date on green card (KGE) (Entered: September 19, 2008)
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| October 10, 2008 |
11
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MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in Support Thereof by Apple, Inc.. (Borden, Gray) (Entered: October 10, 2008)
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| October 10, 2008 |
12
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Corporate Disclosure Statement by Apple, Inc.. (Borden, Gray) (Entered: October 10, 2008)
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| October 14, 2008 |
13
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Supplemental MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim by Apple, Inc.. (Attachments: # 1 Exhibit Apple One Year Limited Warranty)(Borden, Gray) (Entered: October 14, 2008)
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| October 14, 2008 |
14
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NOTICE of Hearing on Motion 13 Supplemental MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a
Claim, 11 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in Support
Thereof : Motion Hearing set for 10/17/2008 09:00 AM before Judge William M Acker Jr. (KWC) (Entered: October 14, 2008)
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| October 15, 2008 |
15
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Joint MOTION to Continue hearing set for October 17, 2008 by Apple, Inc.. (Borden, Gray) (Entered: October 15, 2008)
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| October 16, 2008 |
16
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ORDER granting 15 Joint MOTION to Continue hearing set for 10/17/08; a hearing is RESCHEDULED for 10/23/2008 09:30 AM before
Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 10/16/08. (KGE) (Entered: October 16, 2008)
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| October 21, 2008 |
17
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NOTICE of Appearance by Edward S Reisinger on behalf of all plaintiffs (Reisinger, Edward) (Entered: October 21, 2008)
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| October 21, 2008 |
18
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RESPONSE to Motion re 11 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in
Support Thereof filed by Wilton Lee Triggs, II, Jessica Alena Smith. (Reisinger, Edward) (Entered: October 21, 2008)
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| October 23, 2008 |
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Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 10/23/2008 re 13 Supplemental
MOTION to Dismiss and 11 MOTION to Dismiss by dft; (KWC) (Entered: October 24, 2008)
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| October 24, 2008 |
19
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MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 10/24/08. (KGE) (Entered: October 24, 2008)
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| November 4, 2008 |
20
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MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 11/4/08. (KGE) (Entered: November 4, 2008)
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| November 4, 2008 |
21
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ORDER In accordance with the memorandum opinion, the motion of dft, Apple, Inc., to dismiss the action is GRANTED as to Counts I and II of plas complaint,and the action insofar as it is
contained in said counts is hereby DISMISSED w/ prej. This dismissal w/prej does not affect the rights of any members of the putative class. The motion to dismiss plas claim of unjust
enrichment is DENIED. Dft shall answer the complaint w/i 10 days. Motions terminated: 13 Supplemental MOTION to Dismiss and
11 MOTION to Dismiss. Signed by Judge William M Acker, Jr on 11/4/08. (KGE, ) (Entered: November 4, 2008)
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| November 19, 2008 |
22
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ANSWER to Complaint (Amended) by Apple, Inc..(Borden, Gray) (Entered: November 19, 2008)
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| November 20, 2008 |
23
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ORDER by the court reminding the parties of their obligations under FRCP 7.1, 26 and 16. Signed by Judge William M Acker, Jr on 11/20/08. (KGE) (Entered: November 20, 2008)
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| January 13, 2009 |
24
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ORDER that the parties fully comply with their obligations under FRCP 26 and 16 by 1/23/09, or sanctions will be imposed. Signed by Judge William M Acker, Jr on 1/13/09. (KGE) (Entered:
01/13/2009)
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| January 14, 2009 |
25
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NOTICE of Appearance by Brian D Hancock on behalf of all plaintiffs (Hancock, Brian) (Entered: January 14, 2009)
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| January 14, 2009 |
26
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AMENDED COMPLAINT Plaintiffs' Second Amendment to Complaint against Apple, Inc., filed by Wilton Lee Triggs, II, Jessica Alena Smith.(Hancock, Brian) (Entered: January 14, 2009)
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| January 15, 2009 |
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ORDER Striking Document 26, Plaintiffs' Second Amendment to Complaint. Signed by Judge William M Acker, Jr., on 1/15/09. (CJC) (Entered: January 15, 2009)
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| January 15, 2009 |
27
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MOTION to Amend/Correct Complaint by Wilton Lee Triggs, II, Jessica Alena Smith. (Hancock, Brian) (Entered: January 15, 2009)
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| January 20, 2009 |
28
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NOTICE of Hearing on Motion 27 Plas' MOTION to Amend/Correct Complaint : Motion Hearing set for 2/13/2009 09:00 AM
before Judge William M Acker Jr. (KWC) (Entered: January 20, 2009)
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| January 21, 2009 |
29
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Joint MOTION for Extension of Time by Wilton Lee Triggs, II, Jessica Alena Smith. (Hancock, Brian) (Entered: January 21, 2009)
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| January 22, 2009 |
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ORDER granting and ordering accordingly 29 Motion for Extension of Time. Signed by Judge William M Acker, Jr on 01/22/09.
(SKB) (Entered: January 22, 2009)
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| February 13, 2009 |
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Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 2/13/2009 re 27 MOTION to
Amend/Correct Complaint; (Court Reporter Sabrina Lewis) (KWC) (Entered: February 17, 2009)
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| February 17, 2009 |
30
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ORDER that unless by 4:30 p.m., 2/25/09, pla files an amendment to current proposed amendment or withdraws her motion for leave to amend, court will grant pla's motion for leave to amend
and dismiss action w/out prejudice for lack of jurisdiction. Signed by Judge William M Acker, Jr on 2/17/09. (ASL, ) (Entered: February 17, 2009)
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| February 17, 2009 |
31
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NOTICE of Hearing on Motion: 27 Pla MOTION to Amend/Correct Complaint : Motion Hearing set for 3/13/2009 09:00 AM
before Judge William M Acker Jr. (KWC) (Entered: February 17, 2009)
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| February 20, 2009 |
32
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MOTION to Change Venue Motion for Transfer of Action to Northern District of California, San Jose Division by Wilton Lee Triggs, II, Jessica Alena Smith. (Garrison, W) (Entered:
02/20/2009)
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| February 23, 2009 |
33
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ORDER transferring case to another district: ORDER transferring case to the District of Northern California, San Jose Division; Clerk of Court in the Northern District of California will
retrieve documents electronically. Signed by Judge William M Acker, Jr on 2/23/09. (KGE) (Entered: February 23, 2009)
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| March 10, 2009 |
36
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ADR SCHEDULING ORDER: Case Management Statement due by 7/8/2009. Case Management Conference set for 7/15/2009 02:30 PM. (bw, COURT STAFF) (Filed on 3/10/2009) (Entered: March 13, 2009)
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| March 12, 2009 |
34
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Case transferred in from District of Alabama Northern; Case Number 2:08-cv-01498. Original file with documents numbered 1 - 33, certified copy of transfer order and docket sheet received.
(Entered: March 12, 2009)
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| March 12, 2009 |
35
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NOTICE OF FILING OF MOTION TO TRANSFER PURSUANT TO 28 U.S.C. ยง 1407 by Apple, Inc. (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)(Preovolos, Penelope) (Filed on 3/12/2009) Text modified on 3/13/2009 (bw, COURT STAFF). (Entered: March 12, 2009)
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| March 20, 2009 |
37
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Joint Notice of MOTION for Appointment of Interim Class Counsel Structure filed by Wilton Lee Triggs, II, Jessica Alena Smith. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8,
4th Floor, San Jose. (Attachments: # 1 Mansfield Declaration in Support of Motion, # 2 Exhibit to Mansfield Declaration # 3 (Proposed)Order, # 4 Proof of Service) (Mansfield, Alan) (Filed on 3/20/2009) Text modified on 3/23/2009 (bw, COURT STAFF). (Entered: March 20, 2009)
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| March 20, 2009 |
38
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Joint MOTION to Consolidate Related Actions and to Permit Filing of Consolidated Complaint; Memorandum of Points and Authorities in Support thereof filed by Wilton Lee Triggs, II, Jessica
Alena Smith. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Mansfield
Declaration in Support of Motion, # 2 Proposed Order, # 3 Proof
of Service)(Mansfield, Alan) (Filed on 3/20/2009) Text modified on 3/23/2009 (bw, COURT STAFF). (Entered: March 20, 2009)
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| March 20, 2009 |
39
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Administrative MOTION to Consider Whether Cases Should be Related (re 08-5375JW etc ) filed by James R. Pittman. (Fauth, Gordon) (Filed on 3/20/2009) Text modified on 3/23/2009 (bw, COURT
STAFF). (Entered: March 20, 2009)
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| March 31, 2009 |
40
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Certification of Interested Entities or Persons by Apple, Inc. (Moser, Heather) (Filed on 3/31/2009) Modified on 4/3/2009 (bw, COURT STAFF). (Entered: March 31, 2009)
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| April 3, 2009 |
41
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by Wilton Lee Triggs, II, Jessica Alena Smith. (Attachments: # 1 Proof of
Service)(Mansfield, Alan) (Filed on 4/3/2009) Modified on 4/3/2009 (bw, COURT STAFF). (Entered: April 3, 2009)
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| April 3, 2009 |
42
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ORDER GRANTING 39 MOTION to Relate Case filed by James R. Pittman. Related cases: Create association to
5:08-cv-05375-JW.Motions terminated: 39 MOTION to Relate Case filed by James R. Pittman. Signed by Judge James Ware on
4/2/2009. (ecg, COURT STAFF) (Filed on 4/3/2009) (Entered: April 3, 2009)
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| April 3, 2009 |
43
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RELATED CASE ORDER. Signed by Judge James Ware on 4/2/2009. (ecg, COURT STAFF) (Filed on 4/3/2009) (Entered: April 3, 2009)
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| April 3, 2009 |
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Pursuant to Related Case Order ( 43 ). Case reassigned to District Judge James Ware for all further proceedings and Magistrate
Judge Richard Seeborg for all discovery matters. (tsh, COURT STAFF) (Filed on 4/3/2009) (Entered: April 3, 2009)
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| April 6, 2009 |
44
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MOTION to Substitute Attorney by Penelope Athene Preovolos Defendant Apple Inc.'s Notice of Substitution of Counsel and [Proposed] Order (Attachments: # 1 Exhibit A)(Preovolos, Penelope) (Filed on 4/6/2009) Modified on 4/6/2009,(counsel used incorrect event.) (cv, COURT STAFF).
(Entered: April 6, 2009)
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| April 7, 2009 |
45
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ORDER Granting 44 Motion to Substitute Attorney. Added attorney Andrew David Muhlbach for Apple, Inc. Attorney Samuel H
Franklin; Gray M Borden and Sara Anne Ford terminated. Signed by Judge James Ware on 4/7/2009. (ecg, COURT STAFF) (Filed on 4/7/2009) (Entered: April 7, 2009)
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| April 8, 2009 |
46
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ORDER STAYING CASE PENDING MDL'S PANEL DETERMINATION ON MOTIONS TO TRANSFER; Vacating Hearing (31) Motion to Appoint Counsel ; Vacating Hearing (32) Motion to Consolidate Cases in case
5:08-cv-05375-JW; Vacating Hearing (27) Motion to Appoint Counsel ; Vacating Hearing (28) Motion to Consolidate Cases in case 5:08-cv-05810-JW; Vacating Hearing (21) Motion to Appoint
Counsel ; Vacating Hearing (22) Motion to Consolidate Cases in case 5:09-cv-00121-JW; Vacating Hearing (26) Motion to Appoint Counsel ; Vacating Hearing (27) Motion to Consolidate Cases
in case 5:09-cv-00122-JW; Vacating Hearing (23) Motion to Appoint Counsel ; Vacating Hearing (24) Motion to Consolidate Cases in case 5:09-cv-00187-JW; Vacating Hearing (47) Motion to
Appoint Counsel ; Vacating Hearing (48) Motion to Consolidate Cases in case 5:09-cv-00275-JW; Vacating Hearing (37) Motion to Appoint Counsel ; Vacating Hearing (38) Motion to Consolidate
Cases in case 5:09-cv-01028-JW; Vacating Hearing (23) Motion to Appoint Counsel ; Vacating Hearing (24) Motion to Consolidate Cases in case 5:09-cv-00330-JW. The Court finds good cause to
STAY these cases pending the Panel's decision. Accordingly, all pending Motions currently set for hearing on April 13, 2009 are ordered off calendar. All deadlines are VACATED, including
the Case Management Conference currently set for the same day. Within ten (10) days of the Panel's decision, the parties shall file a Joint Status Statement. The Statement shall include,
among other things, the parties' request to lift the stay and a proposed schedule to address the pending motions. Signed by Judge James Ware on 4/7/2009 (ecg, COURT STAFF) (Filed on
4/8/2009) (Entered: April 8, 2009)
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| April 8, 2009 |
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*** Deadlines terminated, STAYED(Case Stayed) flag set. (ecg, COURT STAFF) (Filed on 4/8/2009) (Entered: April 8, 2009)
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| July 2, 2009 |
47
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NOTICE by Jessica Alena Smith, Wilton Lee Triggs, II OF MDL PANEL RULING (Attachments: # 1 Proof of Service)(Mansfield,
Alan) (Filed on 7/2/2009) (Entered: July 2, 2009)
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| July 10, 2009 |
48
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STATUS REPORT (JOINT) by Jessica Alena Smith, Wilton Lee Triggs, II. (Attachments: # 1 Proof of Service)(Mansfield,
Alan) (Filed on 7/10/2009) (Entered: July 10, 2009)
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| August 12, 2009 |
49
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ORDER LIFTING STAY AND SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Conference statement due 9/11/2009. Initial Case Management Conference set for 9/21/2009 10:00 AM in
Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 8/11/2009. (ecg, COURT STAFF) (Filed on 8/12/2009) (Entered: August 12, 2009)
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| September 16, 2009 |
50
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ORDER DENYING MOTION TO APPEAR AT 9/21/2009 CASE MANAGEMENT CONFERENCEBY TELEPHONE (8) Motion to Appear by Telephone in case M:09-cv-02045-JW. Signed by Judge James Ware on 9/16/2009.
(ecg, COURT STAFF) (Filed on 9/16/2009) (Entered: September 16, 2009)
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