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Date Filed
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#
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Docket Text
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| June 24, 2009 |
1
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Case Opened. Filing fee paid $350.00, Receipt Number 34625013797. Documents may now be electronically filed. Case number 09-479-WDS must be placed on all documents prior to filing them
electronically. (Attachments: # 1 notice of consent to magistrate judge)(lmt) (Entered: June 24, 2009)
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| June 24, 2009 |
2
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COMPLAINT against all defendants (Filing fee $ 350.), filed by Daniel E. Owens, Barbara S. Owens. (Attachments: # 1 Civil
Cover Sheet)(Kruse, Michael) (Entered: June 24, 2009)
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| June 30, 2009 |
3
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Summons Issued as to Apple, Inc.. (lmt) (Entered: June 30, 2009)
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| June 30, 2009 |
4
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ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge Michael J. Reagan for all further proceedings. Signed by Judge William D. Stiehl on 06/30/09. (jkb) (Entered:
06/30/2009)
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| July 13, 2009 |
5
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ENTRY STRICKEN - RETURN OF SERVICE EXECUTED by Daniel E. Owens, Barbara S. Owens on July 6, 2009. (Attachments: # 1 Affidavit
of Service)(Kruse, Michael) Modified on 7/13/2009 (tkm ). (Entered: July 13, 2009)
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| July 13, 2009 |
6
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Return of Service Executed filed by Barbara S. Owens, Daniel E.
Owens. See attached document for specifics (tkm ) (Entered: July 13, 2009)
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| July 13, 2009 |
7
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SUMMONS Returned Executed by Daniel E. Owens, Barbara S. Owens. Apple, Inc. served on 7/6/2009, answer due 7/27/2009. (Attachments: # 1 Affidavit of Service)(Kruse, Michael) (Entered: July 13, 2009)
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| July 14, 2009 |
8
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NOTICE of Appearance by Kathy A. Wisniewski on behalf of Apple, Inc. (Wisniewski, Kathy) (Entered: July 14, 2009)
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| July 14, 2009 |
9
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MOTION for Extension of Time to File Answer by Apple, Inc.. (Wisniewski, Kathy) (Entered: July 14, 2009)
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| July 15, 2009 |
10
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RESPONSE in Opposition re 9 MOTION for Extension of Time to File Answer filed by Daniel E. Owens, Barbara S. Owens.
(Attachments: # 1 Proposed Order - Deleted)(Niemeyer, Mark) Modified on 7/15/2009 (tkm ). (Entered: July 15, 2009)
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| July 15, 2009 |
11
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NOTICE of Appearance by Mark R. Niemeyer on behalf of Daniel E. Owens, Barbara S. Owens (Niemeyer, Mark) (Entered: July 15, 2009)
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| July 15, 2009 |
12
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 10 Response in Opposition to Motion filed by Barbara S. Owens, Daniel E. Owens. See
attached document for specifics (tkm ) (Entered: July 15, 2009)
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| July 15, 2009 |
13
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REPLY to Response to Motion re 9 MOTION for Extension of Time to File Answer filed by Apple, Inc.. (Wisniewski, Kathy)
(Entered: July 15, 2009)
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| July 16, 2009 |
14
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NOTICE of Appearance by John W. Rogers on behalf of Apple, Inc. (Rogers, John) (Entered: July 16, 2009)
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| July 16, 2009 |
15
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ORDER granting 9 Motion for Extension of Time to Answer. Defendant shall file a responsive pleading by 8/26/2009. Signed by
Magistrate Judge Donald G. Wilkerson on 7/16/2009. (hbs) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: July 16, 2009)
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| July 22, 2009 |
16
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NOTICE of Appearance by James G. Onder on behalf of Daniel E. Owens, Barbara S. Owens (Onder, James) (Entered: July 22, 2009)
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| August 26, 2009 |
17
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MOTION to Dismiss by Apple, Inc.. Responses due by 9/28/2009 (Rogers, John) (Entered: August 26, 2009)
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| August 26, 2009 |
18
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WITHDRAWN (See Order at doc. 20) - MEMORANDUM in Support re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) Modified
on 8/27/2009 (tkm ). (Entered: August 26, 2009)
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| August 27, 2009 |
19
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MOTION for Leave to File Unopposed Motion for Leave to Withdrawal Brief and File Substitute Brief by Apple, Inc.. (Rogers, John) (Entered: August 27, 2009)
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| August 27, 2009 |
20
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ORDER: The Court GRANTS 19 Unopposed Motion for Leave to Withdraw Brief and File Substitute Brief. The Court hereby withdraws
Apple's brief in support of its motion to dismiss (Doc. 18) and grants leave to file a corrected brief. Signed by Judge Michael J. Reagan on 082709. (caa)THIS TEXT ENTRY IS AN ORDER OF
THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: August 27, 2009)
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| August 27, 2009 |
21
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MEMORANDUM in Support re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) (Entered: August 27, 2009)
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| September 28, 2009 |
22
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RESPONSE in Opposition re 17 MOTION to Dismiss filed by Daniel E. Owens, Barbara S. Owens. (Niemeyer, Mark) (Entered:
09/28/2009)
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| October 2, 2009 |
23
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Corporate Disclosure Statement by Apple, Inc.. (Rogers, John) (Entered: October 2, 2009)
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| October 13, 2009 |
24
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REPLY to Response to Motion re 17 MOTION to Dismiss filed by Apple, Inc.. (Rogers, John) (Entered: October 13, 2009)
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| December 8, 2009 |
25
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ORDER Regarding Action due by 12/21/2009: This case comes before the undersigned District Judge on threshold review, the purpose of which is to ascertain whether federal subject matter
jurisdiction lies under the federal diversity statute (28 U.S.C. 1332). The complaint fails to properly address the citizenship of Plaintiffs Daniel and Barbara Owens. Under the diversity
statute, "district courts... have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs, and
is a class action in which... (A) any member of a class of plaintiffs is a citizen of a State different from any defendant;..." 28 U.S.C. 1332(d)(2)(A). The complaint pleads Plaintiffs'
"residence" as opposed to their "citizenship." The law of this Circuit plainly provides that residence and citizenship are not synonyms, and "it is the latter that matters for purposes of
diversity jurisdiction." Camico Mutual Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir. 2007). Accordingly, the Court DIRECTS Plaintiffs' counsel - on or before 12/21/2009 - to file
an amended complaint properly setting forth Plaintiffs' citizenship. [Action due by 12/21/2009]. Signed by Judge Michael J. Reagan on 12/8/09. (caa)THIS TEXT ENTRY IS AN ORDER OF THE
COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: December 8, 2009)
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