Plaintiff alleges that (1) Apple discriminated in price between early purchasers and later purchasers of the 8 GB iPhone in violation of 15 U.S.C. § 13, (2) Apple discriminated in rebates between people who purchased iPhones before August 22, 2007 and people who purchased iPhones from August 22 - September 4, 2007 in violation of 15 U.S.C. § 13a, and (3) Apple is selling its iPhone for an unreasonably low price to hurt competition between early and late purchasers of its iPhone in violation of 15 U.S.C. § 13a, (4) Apple and AT&T forced early purchasers to enter into a 2-year service agreement with unfair terms, which later purchasers could avoid by unlocking their iPhones in violation of 15 U.S.C. § 14, (5) AT&T's early termination fee is unfair and deceptive.
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Date Filed
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#
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Docket Text
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| September 24, 2007 |
1
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COMPLAINT (Receipt # 344036) against all defendants $ 350, filed by Dongmei Li . (Attachments: # 1 Civil Cover Sheet)
(Major, Jasmine) Modified on 9/28/2007 (Major, Jasmine). (Entered: September 27, 2007)
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| September 24, 2007 |
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Summons Issued as to Apple Inc., Steve Jobs, AT&T Inc.. (Major, Jasmine) Modified on 9/28/2007 (Major, Jasmine). (Entered: September 27, 2007)
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| October 1, 2007 |
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Case Ineligible for Arbitration (Bollbach, Jean) (Entered: October 1, 2007)
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| October 1, 2007 |
2
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SCHEDULING ORDER: Initial Conference set for 1/11/2008 11:00 AM before Magistrate-Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plantiff pro se is
obligated to serve a copy of this order on each defendant.. Ordered by Judge E. Thomas Boyle on 10/1/07. (Lundy, Lisa) (Entered: October 1, 2007)
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| December 5, 2007 |
3
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NOTICE of Appearance by Andrew B. Joseph on behalf of AT&T Inc. (aty to be noticed) (Joseph, Andrew) (Entered: December 5, 2007)
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| December 5, 2007 |
4
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NOTICE of Appearance by Michael B. Miller on behalf of Apple Inc. (aty to be noticed) (Miller, Michael) (Entered: December 5, 2007)
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| December 5, 2007 |
5
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NOTICE of Appearance by Michael B. Miller on behalf of Steve Jobs (aty to be noticed) (Miller, Michael) (Entered: December 5, 2007)
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| December 5, 2007 |
6
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Letter Requesting a Pre-Motion Conference (Motion to Dismiss) by Apple Inc., Steve Jobs (Miller, Michael) (Entered: December 5, 2007)
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| December 6, 2007 |
7
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Letter requesting pre-motion conference by AT&T Inc. (Joseph, Andrew) (Entered: December 6, 2007)
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| December 6, 2007 |
8
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MOTION for Leave to Appear Pro Hac Vice on behalf Seamus Duffy, Esq. by AT&T Inc.. (Joseph, Andrew) (Entered: December 6, 2007)
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| December 6, 2007 |
9
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MOTION for Leave to Appear Pro Hac Vice on behalf of David Antczak by AT&T Inc.. (Joseph, Andrew) (Entered: December 6, 2007)
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| December 7, 2007 |
10
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FILING FEE: $ 25.00, receipt number 024843, FILING FEE: $25.00 number 024844. (Mierzejewski, Elizabeth) (Entered: December 7, 2007)
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| December 7, 2007 |
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ORDER granting 8 and 9 Motions for Leave to Appear pro hac vice, as to attorneys Seamus C. Duffy and David J.
Antczak. Messrs. Duffy and Antczak are permitted to argue or try this case in whole or in part as counsel or advocate. They shall register for ECF. Registration is available online at the
E.D.N.Y. homepage. Once registered, they shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge E.
Thomas Boyle on 12/7/07. (Joy, Dolores) (Entered: December 7, 2007)
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| December 24, 2007 |
11
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Letter re today's letter from pltff's counsel by Apple Inc., Steve Jobs (Attachments: # 1 Exhibit Previously Filed
Letter) (Miller, Michael) (Entered: December 24, 2007)
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| December 28, 2007 |
12
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NOTICE of Appearance by David Antczak on behalf of AT&T Inc. (aty to be noticed) (Antczak, David) (Entered: December 28, 2007)
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| December 28, 2007 |
13
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Letter Renewing Request for Pre-Motion Conference by AT&T Inc. (Antczak, David) (Entered: December 28, 2007)
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| January 2, 2008 |
14
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Letter MOTION to Adjourn Conference re 1/11/08 Initial Scheduling Conference by Apple Inc., Steve Jobs, AT&T Inc.. (Antczak, David) (Entered: January 2, 2008)
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| January 7, 2008 |
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ENDORSED ORDER denying 14 Motion to Adjourn Conference. Application is denied
based on the failure to set forth "good cause." SEE Rule 16(b), Fed. R. Civ. P. Ordered by Magistrate Judge E. Thomas Boyle on 1/4/08. Defendants' counsel is directed to notify all
counsel of this order upon receipt. (Joy, Dolores) (Entered: January 7, 2008)
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| January 9, 2008 |
15
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NOTICE of Appearance by Timothy J. Fierst on behalf of AT&T Inc. (aty to be noticed) (Fierst, Timothy) (Entered: January 9, 2008)
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| January 9, 2008 |
16
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MOTION for Leave to Appear Pro Hac Vice on behalf of Wm. Randolph Smith by AT&T Inc.. (Fierst, Timothy) (Additional attachment(s) added on 1/10/2008: # 1 receipts received) (Bollbach, Jean). (Entered: January 9, 2008)
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| January 9, 2008 |
17
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MOTION for Leave to Appear Pro Hac Vice on behalf of Daniel Allen Sasse by AT&T Inc.. (Fierst, Timothy) (Additional attachment(s) added on 1/10/2008: # 1 receipt of payment) (Bollbach, Jean). (Entered: January 9, 2008)
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| January 9, 2008 |
18
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MOTION for Leave to Appear Pro Hac Vice on behalf of Daniel Allen Sasse by AT&T Inc.. (Fierst, Timothy) (Entered: January 9, 2008)
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| January 9, 2008 |
19
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Letter re: filing Motion for Admission pro hac vice for Daniel Allen Sasse by AT&T Inc. (Fierst, Timothy) (Entered: January 9, 2008)
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| January 9, 2008 |
20
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Letter re: filing Motion for Admission pro hac vice for Wm. Randolph Smith by AT&T Inc. (Fierst, Timothy) (Entered: January 9, 2008)
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| January 10, 2008 |
21
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FILING FEE for pro hac vice received: $ 25.00 receipt number 025176 and $ 25.00 receipt number 025177 (Bollbach, Jean) (Entered: January 10, 2008)
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| January 10, 2008 |
22
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SCHEDULING ORDER: The inital conference previously scheduled for January 11, 2008 at 11:00 a.m. is rescheduled for a status conference on May 14, 2008 at 11:00 a.m. SEE Order for further
details. Ordered by Magistrate Judge E. Thomas Boyle on 1/10/08. (Hall, Deanna) (Entered: January 10, 2008)
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| January 10, 2008 |
23
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Minute Entry for proceedings held before Senior Judge Leonard D. Wexler:Pre Motion Conference held on 1/10/2008; plaintiffs counsel NO SHOW; defts counsel present; defts request to file
motion to dismiss granted; parties to agree upon briefing schedule; discovery stayed; conf. concluded. (Bollbach, Jean) (Entered: January 14, 2008)
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| January 11, 2008 |
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ORDER granting 16 and 17 Motions for Leave to Appear pro hac vice as to attorneys William Randolph Smith and
Daniel Allen Sasse. These attorneys are permitted to argue or try this case in whole or in part as counsel or advocate. The attorneys shall register for ECF. Registration is available
online at the E.D.N.Y. homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Terminating
18 Motion for Leave to Appear pro hac vice (duplicate of 17 ). Ordered by Magistrate Judge E. Thomas Boyle on 1/11/08. (Joy, Dolores) (Entered:
01/11/2008)
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| January 16, 2008 |
24
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MOTION for Leave to File Motion for Class Certification by Dongmei Li. (Wang, Chunyu) (Entered: January 16, 2008)
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| January 18, 2008 |
25
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NOTICE of Consent to Change Attorney by Timothy J. Fierst on behalf of AT&T Inc. (Fierst, Timothy) (Entered: January 18, 2008)
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| January 18, 2008 |
26
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Letter MOTION for Leave to File Objecting to Defendants' Request to Change Briefing Schedule on Motion to Dismiss by Dongmei Li. (Wang, Chunyu) (Entered: January 18, 2008)
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| January 18, 2008 |
27
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Letter with Proposed Scheduling Order and Response to January 18 Letter from Plaintiff by Apple Inc., Steve Jobs (Attachments: # 1 Text of Proposed Order setting schedule for Defendants' Motions to Dismiss) (Miller, Michael) (Entered: January 18, 2008)
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| January 18, 2008 |
28
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CERTIFICATE OF SERVICE by Dongmei Li re Summons Issued, 1 Complaint, 2 Scheduling Order, (Wang, Chunyu) (Entered: January 18, 2008)
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| January 18, 2008 |
29
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SUMMONS Returned Executed by Dongmei Li. Apple Inc. served on 10/23/2007, answer due 11/12/2007; Steve Jobs served on 10/30/2007, answer due 11/19/2007; AT&T Inc. served on
10/18/2007, answer due 11/7/2007. (Wang, Chunyu) (Entered: January 18, 2008)
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| January 22, 2008 |
30
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Letter Responding to Plaintiff's January 16 Request for a Pre-Motion Conference Seeking Leave to File a Class Certification Motion by Apple Inc., Steve Jobs (Miller, Michael)
(Entered: January 22, 2008)
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| January 23, 2008 |
31
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Letter responding to Plaintiff's January 16, 2008 Request for A Pre-Motion Conference Seeking Leave to Move for Class Certification by AT&T Inc. (Fierst, Timothy) (Entered:
01/23/2008)
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| January 29, 2008 |
32
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Letter MOTION for Leave to File Motion for Class Certification, Letter Responding to Defendants' Letters by Dongmei Li. (Wang, Chunyu) (Entered: January 29, 2008)
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| January 30, 2008 |
33
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Letter to Judge Wexler responding to Plaintiff's January 29 letter and confirming that motions to dismiss will be served pursuant to previous schedule by Apple Inc., Steve Jobs
(Miller, Michael) (Entered: January 30, 2008)
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| February 19, 2008 |
34
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MEMORANDUM in Opposition filed by Dongmei Li. (Attachments: # 1 Exhibit, # 2 Cover Letter, # 3 Certificate of Service) (Wang, Chunyu) (Entered:
02/19/2008)
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| February 25, 2008 |
35
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Notice of MOTION to Dismiss Plaintiff's Fourth, Fifth, and Sixth Claims by AT&T Inc.. Responses due by 2/20/2008 (Attachments: # 1 Memorandum of Law in Support of AT&T Inc.'s Motion to Dismiss Plaintiff's Fourth, Fifth, and Sixth Claims, # 2 Declaration of Daniel A. Sasse in Support of Motion to Dismiss, # 3
[Proposed] Order Granting AT&T Inc.'s Motion to Dismiss Plaintiff's Fourth, Fifth, and Sixth Claims, # 4 Certificate of
Service) (Fierst, Timothy) (Entered: February 25, 2008)
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| February 25, 2008 |
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Incorrect Case/Document/Entry Information. Document 36 Notice of MOTION has
been deleted. (Counsel requested that the document be deleted because there were incorrect attachments. Counsel will re-file the document with corrected attachments.) (Fagan, Linda)
(Entered: February 25, 2008)
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| February 25, 2008 |
36
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MEMORANDUM in Opposition of Plaintiff Li to Defendants' Motion to Dismiss filed by AT&T Inc.. (Fierst, Timothy) (Entered: February 25, 2008)
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| February 25, 2008 |
37
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Notice of MOTION to Dismiss Plaintiff's Complaint by Apple Inc., Steve Jobs. Responses due by 2/20/2008 (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss, # 2 Text of Proposed
Order, # 3 Certificate of Service of Motion to Dismiss) (Miller, Michael) (Entered: February 25, 2008)
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| February 25, 2008 |
38
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REPLY in Support of AT&T Inc.'s Motion to Dismiss Plaintiff's Fourth, Fifth, and Sixth Claims and in Reply to Plaintiff's Opposition filed by AT&T Inc.. (Attachments: #
1 Certificate of Service) (Fierst, Timothy) (Entered: February 25, 2008)
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| February 25, 2008 |
39
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REPLY in Support of Apple Inc. and Steve Jobs' Motion to Dismiss the Complaint filed by Apple Inc., Steve Jobs. (Attachments: # 1 Certificate of Service) (Miller, Michael) (Entered: February 25, 2008)
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| March 17, 2008 |
40
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Letter Scheduling In-Person Conference by Dongmei Li (Wang, Chunyu) (Entered: March 17, 2008)
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| April 8, 2008 |
41
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Minute Order. for proceedings held before Senior Judge Leonard D. Wexler: denying 35 Motion to Dismiss; denying 37 Motion to Dismiss; Pre Motion Conference held on 4/8/2008 @11:00 a.m.. For
Plaintiff: Chunyu Jean Wang, For Defendant AT&T: Daniel A. Sasse, For Defendnt Apple & Jobs: Michael B. Miller. Discovery stayed. Conference concluded. (Mierzejewski, Elizabeth)
(Entered: April 9, 2008)
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| April 10, 2008 |
42
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SCHEDULING ORDER: The initial conference previously set for May 14, 2008 at 11:00 a.m. before the undersigned has been rescheduled for June 19, 2008 at 9:30 a.m. at the Alfonse M. D'Amato
U.S. Courthouse, Courtroom 830, Central Islip, New York. All counsel shall be present. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 4/10/08. Plaintiff's
counsel is directed to serve a copy of this order on all counsel upon receipt. (Joy, Dolores) (Entered: April 10, 2008)
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