Kitagawa, Jr et al v. Apple, Inc.

Plaintiffs:Naotaka Kitagawa, Jr, Timothy J Broad and Jesse Reisman
Defendants:Apple, Inc.
 
Case Number:5:2009cv01911
Filed:May 1, 2009
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:Santa Clara
Presiding Judge:Magistrate Judge Richard Seeborg
Presiding Judge:Hon. James Ware
Referring Judge:Magistrate Judge Richard Seeborg
 
Nature of Suit:Torts - Property - Other Personal Property Damage
Cause:28:1331 Fed. Question
Jurisdiction:Federal Question
Jury Demanded By:Defendant
Date Filed # Docket Text
May 1, 2009 1 CLASS ACTION COMPLAINT (Summons Issued); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 54611005165). Filed by Jesse Reisman, Naotaka Kitagawa, Jr, Timothy J Broad. (bw, COURT STAFF) (Filed on 5/1/2009) (Additional attachment(s) added on 5/4/2009: # 1 Civil Cover Sheet) (bw, COURT STAFF). Modified on 7/7/2009 (cv, COURT STAFF). (Entered: May 1, 2009)
May 1, 2009 2 Summons Issued as to Apple, Inc. (bw, COURT STAFF) (Filed on 5/1/2009) (bw, COURT STAFF). (Entered: May 1, 2009)
May 1, 2009 3 ADR SCHEDULING ORDER: Case Management Statement due by 8/26/2009. Case Management Conference set for 9/2/2009 02:30 PM. (bw, COURT STAFF) (Filed on 5/1/2009) (bw, COURT STAFF). (Entered: 05/01/2009)
May 1, 2009   CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 5/1/2009) (Entered: May 1, 2009)
May 7, 2009 4 CERTIFICATE OF SERVICE as to Apple, Inc. on 5/4/2009 re 3 ADR Scheduling Order, 2 Summons Issued, 1 Complaint, on by Jesse Reisman, Naotaka Kitagawa, Jr, Timothy J Broad (bw, COURT STAFF) (Filed on 5/7/2009) (Entered: May 7, 2009)
May 21, 2009 5 FIRST AMENDED COMPLAINT against all defendants. Filed by Jesse Reisman, Naotaka Kitagawa, Jr, Timothy J Broad. (Haeggquist, Alreen) (Filed on 5/21/2009) Modified on 5/21/2009 (bw, COURT STAFF). (Entered: May 21, 2009)
May 22, 2009 6 STIPULATION Extending Time to Respond to First Amended Complaint re ( 5 ) by Apple, Inc. (Moser, Heather) (Filed on 5/22/2009) Linkage added on 5/22/2009 (bw, COURT STAFF). (Entered: May 22, 2009)
July 2, 2009 7 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Apple, Inc. (Preovolos, Penelope) (Filed on 7/2/2009) Modified on 7/2/2009 (bw, COURT STAFF). (Entered: July 2, 2009)
July 2, 2009 8 CERTIFICATE OF SERVICE re ( 7 ) Declination to Proceed before Magistrage Judge and Request for Reassignment to a United States District Judge by Apple, Inc. (Preovolos, Penelope) (Filed on 7/2/2009) Modified on 7/2/2009 (bw, COURT STAFF). (Entered: July 2, 2009)
July 6, 2009 9 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 7/6/2009) (Entered: July 6, 2009)
July 6, 2009 10 ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. Signed by The Executive Committee on 07/06/09. (tsh, COURT STAFF) (Filed on 7/6/2009) (Entered: July 6, 2009)
July 10, 2009 11 ANSWER to Amended Complaint Answer to First Amended Class Action Complaint byApple, Inc.. (Preovolos, Penelope) (Filed on 7/10/2009) (Entered: July 10, 2009)
July 10, 2009 12 CERTIFICATE OF SERVICE by Apple, Inc. (Preovolos, Penelope) (Filed on 7/10/2009) (Entered: July 10, 2009)
July 10, 2009 13 Certificate of Interested Entities by Apple, Inc. (Preovolos, Penelope) (Filed on 7/10/2009) (Entered: July 10, 2009)
July 10, 2009 14 CERTIFICATE OF SERVICE by Apple, Inc. (Preovolos, Penelope) (Filed on 7/10/2009) (Entered: July 10, 2009)
July 16, 2009 15 NOTICE of Appearance by Alexei Klestoff (Klestoff, Alexei) (Filed on 7/16/2009) (Entered: July 16, 2009)
July 16, 2009 16 NOTICE of Appearance by Andrew David Muhlbach (Muhlbach, Andrew) (Filed on 7/16/2009) (Entered: July 16, 2009)
July 16, 2009 17 CERTIFICATE OF SERVICE by Apple, Inc. re 15 Notice of Appearance, 16 Notice of Appearance (Muhlbach, Andrew) (Filed on 7/16/2009) (Entered: July 16, 2009)
September 4, 2009 18 Motion to Consider Whether Case C09-3862 RMW Should be Related to C09-1911 JW filed by Apple, Inc.. (Muhlbach, Andrew) (Filed on 9/4/2009) Modified on 9/8/2009 (cv, COURT STAFF). (Entered: September 4, 2009)
September 4, 2009 19 Proposed Order Granting Administrative 18 Motion to Consider Whether Cases Should be Related by Apple, Inc.. (Muhlbach, Andrew) (Filed on 9/4/2009) Modified on 9/8/2009,(counsel failed to properly link to motion.) (cv, COURT STAFF). (Entered: September 4, 2009)
September 4, 2009 20 CERTIFICATE OF SERVICE by Apple, Inc. (Muhlbach, Andrew) (Filed on 9/4/2009) (Entered: September 4, 2009)
September 18, 2009 21 STIPULATION Stipulated Request to Continue Case Management Conference and [Proposed] Order by Apple, Inc.. (Muhlbach, Andrew) (Filed on 9/18/2009) (Entered: September 18, 2009)
September 18, 2009 22 CERTIFICATE OF SERVICE by Apple, Inc. (Muhlbach, Andrew) (Filed on 9/18/2009) (Entered: September 18, 2009)
September 24, 2009 23 ORDER RELATING CASES; CONTINUING CASE MANAGEMENT CONFERENCE. The Court ORDERS that the following cases are related within the meaning of Civil Local Rule 3-12(a): Kitagawa v. Apple Inc. Case No. C 09-01911 JW, Hackwith v. Apple Inc. Case No. C 09-03862 RMW. Related cases: Create association to 5:09-cv-03862-RMW. Further Case Management Conference set for 10/19/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Conference statement due 10/9/2009. Signed by Judge James Ware on 9/24/2009. (ecg, COURT STAFF) (Filed on 9/24/2009) (Entered: September 24, 2009)
September 24, 2009 24 RELATED CASE ORDER. Motions terminated: (18 in 5:09-cv-01911-JW) MOTION to Relate Case filed by Apple, Inc. Signed by Judge James Ware on 9/24/2009. (ecg, COURT STAFF) (Filed on 9/24/2009) (Entered: September 24, 2009)
October 9, 2009 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Preovolos, Penelope) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 26 CERTIFICATE OF SERVICE by Apple, Inc. (Preovolos, Penelope) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 27 JOINT CASE MANAGEMENT STATEMENT filed by Naotaka Kitagawa, Jr. (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 28 CERTIFICATE OF SERVICE by Naotaka Kitagawa, Jr re 27 Joint Case Management Statement (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 29 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 30 CERTIFICATE OF SERVICE by Naotaka Kitagawa, Jr re 29 Notice of need of ADR Phone Conference (ADR L.R. 3-5 d) (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 32 *** FILED IN ERROR. REFER TO DOCUMENT 35 . *** NOTICE by Apple, Inc. Notice of Need for ADR Phone Conference (Preovolos, Penelope) (Filed on 10/9/2009) Modified on 10/13/2009 (feriab, COURT STAFF). (Entered: October 9, 2009)
October 9, 2009 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 34 CERTIFICATE OF SERVICE by Timothy J Broad re 33 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options, 31 ADR Certification (ADR L.R. 3-5 b)of discussion of ADR options (Zeldes, Helen) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 9, 2009 35 NOTICE by Apple, Inc. Notice of Need for ADR Phone Conference (Muhlbach, Andrew) (Filed on 10/9/2009) (Entered: October 9, 2009)
October 13, 2009 36 ADR Clerks Notice Setting ADR Phone Conference on 10/15/09 at 1:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 10/13/2009) (Entered: October 13, 2009)
October 15, 2009   ADR Remark: ADR Phone Conference held by RWS on 10/15/09. A further ADR Phone Conference has been scheduled for Tuesday, January 12, 2010 at 1:30 p.m. (sgd, COURT STAFF) (Filed on 10/15/2009) (Entered: October 15, 2009)
October 15, 2009 37 ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING FOR MOTIONS TO CONSOLIDATE CASES AND TO APPOINT INTERIM CLASS COUNSEL. The Case Management Conference set for 10/19/2009 is VACATED. The Court will conduct a hearing on the anticipated motion for consolidation and any motion for the appointment of interim class counsel. The parties shall notice and brief their motions pursuant to the applicable Civil Local Rules. Motion Hearing set for 11/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/15/2009. (ecg, COURT STAFF) (Filed on 10/15/2009) (Entered: October 15, 2009)
October 19, 2009 38 MOTION to Consolidate Cases and [Proposed] Order by Naotaka Kitagawa, Jr. (Zeldes, Helen) (Filed on 10/19/2009) Modified on 10/26/2009,(counsel selected incorrect event.) (cv, COURT STAFF). (Entered: October 19, 2009)
October 19, 2009 39 Joint MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Naotaka Kitagawa, Jr. Motion Hearing set for 11/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Zeldes, Helen) (Filed on 10/19/2009) (Entered: October 19, 2009)
October 19, 2009 40 Declaration of Helen I. Zeldes in Support of 39 Joint MOTION to Appoint Lead Plaintiff and Lead Counsel filed byNaotaka Kitagawa, Jr. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 39 ) (Zeldes, Helen) (Filed on 10/19/2009) (Entered: October 19, 2009)
October 19, 2009 41 Proposed Order re 39 Joint MOTION to Appoint Lead Plaintiff and Lead Counsel by Naotaka Kitagawa, Jr. (Zeldes, Helen) (Filed on 10/19/2009) (Entered: October 19, 2009)
October 20, 2009 42 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zeldes, Helen) (Filed on 10/20/2009) (Entered: October 20, 2009)
November 16, 2009 43 ORDER CONSOLIDATING CASES AND APPOINTING INTERIM CLASS COUNSEL by Judge James Ware granting (38) Motion to Consolidate Cases; granting (39) Motion to Appoint Lead Plaintiff and Lead Counsel in case 5:09-cv-01911-JW (jwlc2, COURT STAFF) (Filed on 11/16/2009) (Entered: November 16, 2009)
November 17, 2009   Set Deadlines/Hearings: Amended Complaint due by 12/7/2009. Joint Case Management Statement due by 12/11/2009. Case Management Conference set for 12/21/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. (ecg, COURT STAFF) (Filed on 11/17/2009) (Entered: November 17, 2009)
December 4, 2009 44 CONSOLIDATED CLASS ACTION AMENDED COMPLAINT against Apple, Inc.. Filed by Timothy J Broad, Jesse Reisman, Naotaka Kitagawa, Jr, Tracey Hackwith, Michael Martin. (Agrusa, Angela) (Filed on 12/4/2009) Modified on 12/7/2009 (cv, COURT STAFF). (Entered: December 4, 2009)
December 11, 2009 45 JOINT CASE MANAGEMENT STATEMENT , Joint 26(f) Report and Proposed Order filed by Naotaka Kitagawa, Jr. (Zeldes, Helen) (Filed on 12/11/2009) (Entered: December 11, 2009)
December 16, 2009 46 SCHEDULING ORDER: The Case Management Conference set for 12/21/2009 is VACATED. The parties are ordered to comply with the following scheduling order: Close of All Discovery due by 12/6/2010. Last Date for Hearing Dispositive Motions due by 2/7/2011. Motion Hearing re Class Certification set for 10/4/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Preliminary Pretrial Conference statement due 10/29/2010. Preliminary Pretrial Conference set for 11/8/2010 11:00 AM M in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/16/2009. (ecg, COURT STAFF) (Filed on 12/16/2009) (Entered: December 16, 2009)
December 17, 2009 47 STIPULATION Extending Time to Respond to Consolidated Class Action Complaint by Apple, Inc.. (Hunter, Anne) (Filed on 12/17/2009) (Entered: December 17, 2009)
December 17, 2009 48 CERTIFICATE OF SERVICE by Apple, Inc. (Hunter, Anne) (Filed on 12/17/2009) (Entered: December 17, 2009)
Docket Report Last Checked: December 18, 2009 06:06:04 PST
Search for this case: Kitagawa, Jr et al v. Apple, Inc.
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: Naotaka Kitagawa, Jr
Represented By: Craig L. Briskin, Alreen Haeggquist, Steven A Skalet, Helen I. Zeldes
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 ]
Plaintiff: Timothy J Broad
Represented By: Craig L. Briskin, Alreen Haeggquist, Steven A Skalet, Helen I. Zeldes
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 ]
Plaintiff: Jesse Reisman
Represented By: Craig L. Briskin, Alreen Haeggquist, Steven A Skalet, Helen I. Zeldes
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: Apple, Inc.
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 ]