Koschitzki v. Apple Inc. et al

Plaintiff Avi Koschitzki alleged that the iPhone 3G did not function properly, as advertised and marketed, on the 3G network in that it allegedly bumped him off the 3G network to the slower EDGE network.
Plaintiff:Avi Koschitzki
Defendant:Apple Inc. and AT&T Inc.
 
Case Number:1:2008cv04451
Filed:November 4, 2008
 
Court:New York Eastern District Court
Office:Contract: Other Office [ Court Info ]
County:Kings
Presiding Judge:Senior Judge Jack B. Weinstein
Referring Judge:Magistrate Judge Viktor V. Pohorelsky
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1441 Petition for Removal- Breach of Contract
Date Filed # Docket Text
November 4, 2008 1 NOTICE OF REMOVAL from the Supreme Court of the State of New York, Nassau County by Apple Inc. ( Filing fee $ 350) (Attachments: # 1 Civil Cover Sheet, # 2 declara) (Bowens, Priscilla) (Entered: 11/04/2008)
November 4, 2008 2 DISCLOSURE of Interested Parties by Apple Inc.. (Bowens, Priscilla) (Entered: November 4, 2008)
November 4, 2008 3 Notice of Related Case Assignment/Designation (Bowens, Priscilla) (Entered: November 4, 2008)
November 5, 2008 4 AFFIDAVIT of Service for Notice of Removal, etc., filed by Apple Inc.. (Levitt, Jamie) (Entered: November 5, 2008)
November 10, 2008 5 NOTICE of Appearance by Mark S. Reich on behalf of Avi Koschitzki (aty to be noticed) (Reich, Mark) (Entered: November 10, 2008)
November 11, 2008 6 STIPULATION extending answering time, etc. by Avi Koschitzki, Apple Inc., AT&T Inc. (Levitt, Jamie) (Entered: November 11, 2008)
November 12, 2008 7 AMENDED COMPLAINT against Apple Inc., filed by Avi Koschitzki. (Reich, Mark) (Entered: November 12, 2008)
November 24, 2008 8 MOTION to Strike 7 Amended Complaint by Apple Inc.. (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 9 AFFIDAVIT/DECLARATION in Support re 8 MOTION to Strike 7 Amended Complaint filed by Apple Inc.. (Attachments: # 1 Exhibit A) (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 10 MEMORANDUM in Support re 8 MOTION to Strike 7 Amended Complaint filed by Apple Inc.. (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 11 MOTION to Dismiss by Apple Inc.. (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 12 NOTICE of Appearance by Steven David Greenblatt on behalf of AT&T Inc. (aty to be noticed) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 13 AFFIDAVIT/DECLARATION in Support re 11 MOTION to Dismiss filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 14 MEMORANDUM in Support re 11 MOTION to Dismiss filed by Apple Inc.. (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 15 CERTIFICATE OF SERVICE by Apple Inc. re 11 MOTION to Dismiss, 9 Affidavit in Support of Motion, 10 Memorandum in Support, 14 Memorandum in Support, 8 MOTION to Strike 7 Amended Complaint, 13 Affidavit in Support of Motion (Levitt, Jamie) (Entered: November 24, 2008)
November 24, 2008 16 MOTION to Compel Arbitration and Dismiss Claims by AT&T Inc.. (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 17 MEMORANDUM in Support re 16 MOTION to Compel Arbitration and Dismiss Claims filed by AT&T Inc.. (Attachments: # 1 Certificate of Service) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 18 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims - Declaration of Adam Gill filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 19 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of TJ Terry filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 20 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of Caroline Mahone-Gonzalez filed by AT&T Inc.. (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 21 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of Harry Bennett filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Greenblatt, Steven) (Entered: 11/24/2008)
November 24, 2008 22 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of Richard A. Nagareda filed by AT&T Inc.. (Attachments: # 1 Exhibit 1) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 23 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims of Theodore Weiman filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief by AT&T Inc.. (Greenblatt, Steven) (Entered: November 24, 2008)
November 24, 2008 25 MEMORANDUM in Support re 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief filed by AT&T Inc.. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service) (Greenblatt, Steven) (Entered: November 24, 2008)
December 9, 2008 26 STIPULATION and [Proposed] Order by Avi Koschitzki (Russello, Joseph) (Entered: December 9, 2008)
December 17, 2008 27 Corporate Disclosure Statement by AT&T Inc. (Greenblatt, Steven) (Entered: December 17, 2008)
January 7, 2009 28 MOTION for Leave to Appear Pro Hac Vice by Lynn E. Parseghian on Behlalf of AT&T Mobility LLC by AT&T Inc.. (Attachments: # 1 Proposed Order) (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 29 AFFIDAVIT/DECLARATION in Support re 28 MOTION for Leave to Appear Pro Hac Vice by Lynn E. Parseghian on Behlalf of AT&T Mobility LLC of Lynn E. Parseghian filed by AT&T Inc.. (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 30 MOTION for Leave to Appear Pro Hac Vice by Kathleen Taylor Sooy on Behalf of AT&T Mobility LLC by AT&T Inc.. (Attachments: # 1 Proposed Order) (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 31 AFFIDAVIT/DECLARATION in Support re 30 MOTION for Leave to Appear Pro Hac Vice by Kathleen Taylor Sooy on Behalf of AT&T Mobility LLC by Kathleen Taylor Sooy filed by AT&T Inc.. (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 32 MOTION for Leave to Appear Pro Hac Vice by Kevin Ranlett on behalf of AT&T Mobility LLC by AT&T Inc.. (Attachments: # 1 Proposed Order) (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 33 AFFIDAVIT/DECLARATION in Support re 32 MOTION for Leave to Appear Pro Hac Vice by Kevin Ranlett on behalf of AT&T Mobility LLC filed by AT&T Inc.. (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 34 MOTION for Leave to Appear Pro Hac Vice by Archis A. Parasharami on behalf of AT&T Mobility LLC by AT&T Inc.. (Attachments: # 1 Proposed Order) (Greenblatt, Steven) (Entered: January 7, 2009)
January 7, 2009 35 AFFIDAVIT/DECLARATION in Support re 34 MOTION for Leave to Appear Pro Hac Vice by Archis A. Parasharami on behalf of AT&T Mobility LLC filed by AT&T Inc.. (Greenblatt, Steven) (Entered: January 7, 2009)
January 8, 2009   ORDER granting 28 , 30 , 32 , and 34 motions for leave to appear pro hac vice, by electronic endorsement: Lynn E. Parseghian, Kathleen Taylor Sooy, Kevin Ranlett, and Archis A. Parasharami are hereby admitted pro hac vice effective upon payment of the required fees to the clerk of the court. Counsel shall then register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/8/09. (Toritto, Jim) (Entered: January 8, 2009)
January 8, 2009 36 MEMORANDUM in Opposition re 11 MOTION to Dismiss, 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief, 8 MOTION to Strike 7 Amended Complaint filed by Avi Koschitzki. (Attachments: # 1 Certificate of Service) (Reich, Mark) (Entered: January 8, 2009)
January 8, 2009 37 AFFIDAVIT/DECLARATION in Opposition re 11 MOTION to Dismiss, 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief, 8 MOTION to Strike 7 Amended Complaint filed by Avi Koschitzki. (Attachments: # 1 Exhibit A-B, # 2 Certificate of Service) (Reich, Mark) (Entered: January 8, 2009)
January 8, 2009 38 MEMORANDUM in Opposition re 16 MOTION to Compel Arbitration and Dismiss Claims filed by Avi Koschitzki. (Attachments: # 1 Certificate of Service) (Reich, Mark) (Entered: January 8, 2009)
January 8, 2009 39 AFFIDAVIT/DECLARATION in Opposition re 16 MOTION to Compel Arbitration and Dismiss Claims filed by Avi Koschitzki. (Attachments: # 1 Exhibit A - F, # 2 Certificate of Service) (Reich, Mark) (Entered: January 8, 2009)
January 8, 2009 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda by Avi Koschitzki. (Attachments: # 1 Memorandum in Support of Motion to Strike the Declaration of Richard Nagareda, # 2 Certificate of Service) (Reich, Mark) (Entered: January 8, 2009)
January 12, 2009 41 AFFIDAVIT/DECLARATION in Opposition re 11 MOTION to Dismiss, 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief filed by Avi Koschitzki. (Attachments: # 1 Certificate of Service) (Reich, Mark) (Entered: January 12, 2009)
January 23, 2009 42 STIPULATION and Proposed Order for Extension of time to file Replies by AT&T Inc. (Greenblatt, Steven) (Entered: January 23, 2009)
January 26, 2009 43 MEMORANDUM in Opposition re 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. NagaredaNotice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda filed by AT&T Inc.. (Greenblatt, Steven) (Entered: January 26, 2009)
February 11, 2009 44 ORDER Setting Hearing on Motion: 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. NagaredaNotice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda : Motion will be heard at an evidentiary hearing on 3/13/2009, at 10:00 AM before Senior Judge Jack B. Weinstein. Ordered by Senior Judge Jack B. Weinstein, on 1/13/2009. (Barrett, C) (Entered: February 11, 2009)
February 11, 2009 45 FILING FEE: $ 100, receipt number 361706. Related filings: 28 , 30 , 32 , and 34 motions for leave to appear pro hac vice. (Barrett, C) (Entered: February 11, 2009)
February 12, 2009 46 Letter MOTION for Hearing re 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. NagaredaNotice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda, 16 MOTION to Compel Arbitration and Dismiss Claims Letter motion to vacate evidentiary hearing for motion to compel arbitration and motion to strike Nagareda declaration and for oral argument by AT&T Inc.. (Ranlett, Kevin) (Entered: February 12, 2009)
February 13, 2009 47 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, that the time for Plaintiff to file his reply in support of his Motion to Strike the Declaration of Nagareda, is hereby extended from February 2, 2009 to February 17, 2009 and the time for Defendants to file their replies in support of their Motions, is hereby extended from January 26, 2009to February 17, 2009. Ordered by Senior Judge Jack B. Weinstein on 2/10/2009. (Lee, Tiffeny) (Entered: February 13, 2009)
February 13, 2009 48 STIPULATION re 16 MOTION to Compel Arbitration and Dismiss Claims by Avi Koschitzki (Reich, Mark) (Entered: February 13, 2009)
February 17, 2009 49 NOTICE of Appearance by Kevin Ranlett on behalf of AT&T Inc. (notification declined or already on case) (Ranlett, Kevin) (Entered: February 17, 2009)
February 17, 2009 50 NOTICE of Appearance by Kevin Ranlett on behalf of AT&T Inc. (notification declined or already on case) (Ranlett, Kevin) (Entered: February 17, 2009)
February 17, 2009 51 REPLY to Response to Motion re 11 MOTION to Dismiss filed by Apple Inc.. (Levitt, Jamie) (Entered: February 17, 2009)
February 17, 2009 52 REPLY to Response to Motion re 8 MOTION to Strike 7 Amended Complaint filed by Apple Inc.. (Levitt, Jamie) (Entered: February 17, 2009)
February 17, 2009 53 REPLY in Support re 36 Memorandum in Opposition, Amended Class Action Complaint filed by AT&T Inc.. (Attachments: # 1 Certificate of Service) (Greenblatt, Steven) (Entered: February 17, 2009)
February 18, 2009 54 NOTICE of Appearance by Archis A. Parasharami on behalf of AT&T Inc. (aty to be noticed) (Parasharami, Archis) (Entered: February 18, 2009)
February 19, 2009 55 STIPULATION AND ORDER approving 48 STIPULATION re 16 MOTION to Compel Arbitration and Dismiss Claims. Ordered by Senior Judge Jack B. Weinstein, on 2/17/2009. (Barrett, C) (Entered: February 19, 2009)
February 19, 2009 56 ORDER denying 46 Motion for Hearing. Oral argument, without witnesses will be heard on date scheduled, with evidentiary hearing to take place shortly thereafter if required. Ordered by Senior Judge Jack B. Weinstein, on 2/15/2009. Copies faxed by Chambers. (Barrett, C) (Entered: February 19, 2009)
February 20, 2009 57 MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Scheduling Conference held on 2/20/2009. See annexed conference calendar for details. (Newton, Joan) (Entered: February 20, 2009)
February 20, 2009 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 20, 2009, before Judge Weinstein. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647, ronald_tolkin@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/13/2009. Redacted Transcript Deadline set for 3/23/2009. Release of Transcript Restriction set for 5/21/2009. (Tolkin, Ronald) (Entered: February 20, 2009)
February 20, 2009 89 Minute Entry for proceedings held before Senior Judge Jack B. Weinstein:Status Conference held on 2/20/2009. Respectfully referred to magistrate judge for discovery. (Court Reporter Ron Tolkin.) (Barrett, C) (Entered: March 11, 2009)
February 23, 2009 59 MOTION for Protective Order by AT&T Mobility LLC. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion of AT&T Mobility LLC for a Protective Order, # 2 Affidavit Supplemental Declaration of TJ Terry, # 3 Exhibit Exhibit to Supplemental Terry Declaration) (Ranlett, Kevin) (Entered: February 23, 2009)
February 23, 2009 60 MOTION for Protective Order by Apple Inc.. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B (continued), # 5 Exhibit C, # 6 Exhibit C (continued), # 7 Proposed Order) (Levitt, Jamie) (Entered: 02/23/2009)
February 23, 2009 61 Letter in Support of Plaintiff's Request to Depose TJ Terry, Caroline Mahone-Gonzalez, Adam Gill, and Professor Richard A. Nagareda by Avi Koschitzki (Reich, Mark) (Entered: 02/23/2009)
February 23, 2009 62 MOTION for Leave to Appear Pro Hac Vice - Andrew D. Muhlbach Filing fee $ 25, receipt number 02070000000003388832. by Apple Inc.. (Attachments: # 1 Declaration of Jamie A. Levitt, # 2 Declaration of Andrew D. Muhlbach, # 3 Certificate of Good Standing, # 4 Proposed Order) (Levitt, Jamie) (Entered: February 23, 2009)
February 23, 2009 63 MOTION for Leave to Appear Pro Hac Vice - Penelope A. Preovolos Filing fee $ 25, receipt number 02070000000003388880. by Apple Inc.. (Attachments: # 1 Declaration of Jamie A. Levitt, # 2 Declaration of Penelope A. Preovolos, # 3 Certificate of Good Standing, # 4 Proposed Order) (Levitt, Jamie) (Entered: February 23, 2009)
February 23, 2009 64 MOTION for Leave to Appear Pro Hac Vice - Heather A. Moser Filing fee $ 25, receipt number 02070000000003388900. by Apple Inc.. (Attachments: # 1 Declaration of Jamie A. Levitt, # 2 Declaration of Heather A. Moser, # 3 Certificate of Good Standing, # 4 Proposed Order) (Levitt, Jamie) (Entered: February 23, 2009)
February 23, 2009   ORDER, by electronic endorsement, granting motions 62 , 63 , & 64 for Andrew D. Muhlbach, Penelope A. Preovolos, and Heather A. Moser to appear pro hac vice. Each attorney shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/23/2009. (Toritto, Jim) (Entered: February 23, 2009)
February 23, 2009 65 NOTICE of Appearance by Kathleen T. Sooy on behalf of AT&T Mobility LLC (aty to be noticed) (Attachments: # 1 Certificate of Service) (Sooy, Kathleen) (Entered: February 23, 2009)
February 23, 2009 66 NOTICE of Appearance by Lynn E. Parseghian on behalf of AT&T Mobility LLC (aty to be noticed) (Attachments: # 1 Certificate of Service) (Parseghian, Lynn) (Entered: February 23, 2009)
February 24, 2009 67 MINUTE ORDER for proceedings held before Magistrate Judge Viktor V. Pohorelsky: granting 59 Motion for Protective Order; granting 60 Motion for Protective Order. Discovery Hearing held on 2/23/2009. (Newton, Joan) (Entered: February 24, 2009)
February 24, 2009 68 REPLY in Support re 16 MOTION to Compel Arbitration and Dismiss Claims filed by AT&T Mobility LLC. (Ranlett, Kevin) (Entered: February 24, 2009)
February 24, 2009 69 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims Supplemental Declaration of Harry Bennett filed by AT&T Mobility LLC. (Attachments: # 1 Appendix Exhibit 1, # 2 Exhibit Exhibit 2) (Ranlett, Kevin) (Entered: February 24, 2009)
February 24, 2009 70 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims Supplemental Declaration of Adam Gill filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3) (Ranlett, Kevin) (Entered: 02/24/2009)
February 24, 2009 71 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims Supplemental Declaration of Caroline Mahone-Gonzalez filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Ranlett, Kevin) (Entered: February 24, 2009)
February 24, 2009 72 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims Supplemental Declaration of TJ Terry filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit Exhibit 1) (Ranlett, Kevin) (Entered: February 24, 2009)
February 24, 2009 73 AFFIDAVIT/DECLARATION in Support re 16 MOTION to Compel Arbitration and Dismiss Claims Supplemental Declaration of Theodore Weiman filed by AT&T Mobility LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7) (Ranlett, Kevin) (Entered: 02/24/2009)
February 24, 2009 74 REPLY in Support re 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. NagaredaNotice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda filed by Avi Koschitzki. (Reich, Mark) (Entered: February 24, 2009)
February 24, 2009 75 AFFIDAVIT/DECLARATION in Support re 40 Notice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. NagaredaNotice of MOTION to Strike 22 Affidavit in Support of Motion to Compel Arbitration and Dismiss Action by Richard A. Nagareda filed by Avi Koschitzki. (Reich, Mark) (Entered: February 24, 2009)
February 26, 2009 76 NOTICE of Appearance by Heather A. Moser on behalf of Apple Inc. (aty to be noticed) (Attachments: # 1 Certificate of Service Certificate of Service) (Moser, Heather) (Entered: February 26, 2009)
February 26, 2009 77 NOTICE of Appearance by Joseph Russello on behalf of Avi Koschitzki (aty to be noticed) (Russello, Joseph) (Entered: February 26, 2009)
February 27, 2009 78 NOTICE of Appearance by Andrew D. Muhlbach on behalf of Apple Inc. (aty to be noticed) (Muhlbach, Andrew) (Entered: February 27, 2009)
February 27, 2009 79 NOTICE of Appearance by Penelope A. Preovolos on behalf of Apple Inc. (aty to be noticed) (Preovolos, Penelope) (Entered: February 27, 2009)
March 5, 2009 80 NOTICE by Apple Inc. / Notice of Filing of Motion to Transfer (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Levitt, Jamie) (Entered: March 5, 2009)
March 5, 2009 81 NOTICE by AT&T Mobility LLC of Filing of Motion of AT&T Mobility LLC for Section 1407 Transfer of Actions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Affidavit of Service) (Parseghian, Lynn) (Entered: March 5, 2009)
March 6, 2009 82 MOTION to Stay re 80 Notice(Other) by Apple Inc.. (Attachments: # 1 Notice, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Levitt, Jamie) (Entered: March 6, 2009)
March 6, 2009 83 ORDER granting 82 Motion to Stay. Stay for 60 days or until the MDL Panel makes its determination, whichever is earlier. Ordered by Senior Judge Jack B. Weinstein, on 3/6/2009. (Barrett, C) (Entered: March 6, 2009)
March 6, 2009 84 Letter to the Honoroable Jack B. Weinstein in response to defendant's letter requesting Motion to Stay by Avi Koschitzki (Reich, Mark) (Entered: March 6, 2009)
March 9, 2009 85 ORDER: At the request of the plaintiff, a teleconference will be held to address the defendant Apple Inc.s request for a stay of this matter. The conference is scheduled for March 11, 2009 at 10:00am. Please contact Ms. June Lowe, case coordinator, at 718-613-2525, to arrange for appearances. Ordered by Senior Judge Jack B. Weinstein, on 3/6/2009. (Barrett, C) (Entered: March 9, 2009)
March 9, 2009 86 NOTICE Regarding Hearing: Parties wishing to participate via telephone at the hearing scheduled in the captioned case on March 11, 2009, at 10:00 a.m., may do so by calling (800)255-9916. The conference identification number is 89629292. Signed by June Lowe, case manager, on 3/9/2009. (Barrett, C) (Entered: March 9, 2009)
March 10, 2009 87 NOTICE by AT&T Mobility LLC re 16 MOTION to Compel Arbitration and Dismiss Claims Notice of Withdrawal of Motion of AT&T Mobility LLC to Compel Arbitration and Dismiss Claims (Ranlett, Kevin) (Entered: March 10, 2009)
March 10, 2009 88 NOTICE by Apple Inc. re 80 Notice(Other) NOTICE OF SUPPLEMENTAL FILING RELATING TO MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A - Revised Schedule A to MDL Petition, # 2 Exhibit B - Revised POS) (Muhlbach, Andrew) (Entered: March 10, 2009)
March 11, 2009 90 NOTICE by Apple Inc. re 80 Notice(Other) NOTICE OF SECOND SUPPLEMENTAL FILING RELATING TO MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Muhlbach, Andrew) (Entered: March 11, 2009)
March 11, 2009 101 Minute Entry for proceedings held before Senior Judge Jack B. Weinstein:Motion Hearing held on 3/11/2009. Counsel for parties present. Motion argued. Decision on the record. (Court Reporter Allan Sherman.) (Fernandez, Erica) (Entered: April 13, 2009)
March 12, 2009 91 Letter regarding adjournment of 3/13/09 conference by Apple Inc. (Levitt, Jamie) (Entered: March 12, 2009)
March 12, 2009 92 NOTICE by Apple Inc. re 11 MOTION to Dismiss, 8 MOTION to Strike 7 Amended Complaint (Levitt, Jamie) (Entered: March 12, 2009)
March 13, 2009 93 NOTICE by AT&T Mobility LLC re 24 MOTION to Dismiss Plaintiff's Amended Class Action Complaint and to Strike Prayer for Relief (Sooy, Kathleen) (Entered: March 13, 2009)
March 18, 2009 94 ORDER withdrawing 16 Motion to Compel; Deft Apple Inc.'s Notice of Withdrawal of its Motions to Dismiss and to Strike Without Prejudice; Accepted. Ordered by Senior Judge Jack B. Weinstein on 3/13/2009. (Fernandez, Erica) (Entered: March 18, 2009)
March 19, 2009 95 Letter dated 3/11/2009 from John G. Heyburn, JPMDL Chairman, to Judges, informing that presently before the Panel is a motion to transfer which relates to this case. The Panel's rules give the parties an opportunity to fully brief the question of transfer. Thereafter, the Panel will consider the matter at its bimonthly hearing session. In the meantime, your jurisdiction will continue until any transfer ruling becomes effective. Judges are free to rule on any pending motion or to wait until the Panel has decided the transfer issue. If a ruling is rendered on any dispositive motions, please notify the Panel staff. (Attachments: # 1 Schedule of Actions) (Barrett, C) (Entered: March 19, 2009)
March 24, 2009 96 MOTION to Substitute Attorney by Avi Koschitzki. (Reich, Mark) (Entered: March 24, 2009)
March 25, 2009 97 RESPONSE to Motion re 96 MOTION to Substitute Attorney filed by Seth D. Rigrodsky. (Attachments: # 1 Exhibits A-B) (Barrett, C) (Entered: March 25, 2009)
March 26, 2009 98 NOTICE of Consent to Change Attorney by Mark S. Reich (Reich, Mark) (Entered: March 26, 2009)
March 27, 2009 99 ORDER granting 96 Motion to Substitute Attorney; Pltf Koschitzki no longer wants R&L to represent him in this matter and has asked that the firm Coughlin Stoia Geller Rudman & Robbins LLP replace R&L as his counsel and to represent him as co-counsel with Stein Farkas & Schwartz LLP. So Ordered by Senior Judge Jack B. Weinstein on 3/25/2009. (Fernandez, Erica) (Entered: March 27, 2009)
March 27, 2009 100 STIPULATION AND ORDER re 98 Notice of Consent to Change Attorney filed by Avi Koschitzki; Docket sheet updated to indicate that new counsel for plaintiff Avi Koschitzki is Mark S. Reich, Esq. Ordered by Senior Judge Jack B. Weinstein on 3/26/2009. (Fernandez, Erica) (Entered: March 27, 2009)
May 13, 2009 102 STIPULATION regarding deadline for defendants to re-file motions by Apple Inc. (Levitt, Jamie) (Entered: May 13, 2009)
May 27, 2009 103 STIPULATION AND ORDER approving 102 Stipulation extending deadline for defendants to re-file motions to 7/31/2009. Ordered by Senior Judge Jack B. Weinstein, on 5/22/2009. (Barrett, C) (Entered: May 27, 2009)
July 1, 2009 105 (INITIAL) TRANSFER ORDER: IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Northern District of California are transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable James Ware for coordinated or consolidated pretrial proceedings with the actions listed on Schedule A and pending in that district. Ordered by Robert L. Miller, Jr., Acting Chairman, Panel on Multidistrict Litigation. (Barrett, C) (Entered: July 9, 2009)
July 6, 2009 104 NOTICE by Apple Inc. Notice of Transfer by the Judicial Panel on Multi-District Litigation Pursuant to 28 U.S.C. 1407 (Levitt, Jamie) (Entered: July 6, 2009)
July 13, 2009 106 Letter dated 6/22/2009 from John G. Heyburn II to Judge, enclosing a Schedule of Actions for Transfer. (Attachments: # 1 Schedule of Actions for Transfer) (Barrett, C) (Entered: July 20, 2009)
July 13, 2009 107 Case electronically transferred to Northern District of California. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Attachments: # 1 Cover Letter) (Barrett, C) (Entered: July 20, 2009)
July 21, 2009   NOTICE CASE: 1:08-cv-04451DETAILS: Case transferred from New York Eastern has been opened in California Northern District as case 5:09-cv-03321, filed 07/20/2009. (Marziliano, August) (Entered: July 21, 2009)
August 24, 2009 108 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 20, 2009, before Judge Weinstein. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number (718) 613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2009. Redacted Transcript Deadline set for 9/21/2009. Release of Transcript Restriction set for 11/19/2009. (Tolkin, Ronald) (Entered: August 24, 2009)
Docket Report Last Checked: February 7, 2010 21:38:47 PST
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Plaintiff: Avi Koschitzki
Represented By: Joshua Farkas
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Defendant: Apple Inc.
Represented By: Jamie A. Levitt
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Defendant: AT&T Inc.
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