Grillo v. Apple Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 5:18-cv-00148
District Judge Edward J. Davila, presiding
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District Judge Edward J. Davila
Last Updated June 28, 2026 at 1:46 AM EDT (1.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Scott Grillo, Plaintiff

Represented by Blood Hurst & O'Reardon LLP

Name Phone Fax E-Mail
Space TIMOTHY G. BLOOD +1 619 338 1100 +1 619 338 1101 tblood@bholaw.com

Represented by Zimmerman Reed PLLP

Name Phone Fax E-Mail
Space Caleb L H Marker +1 877 500 8780 +1 877 500 8781 caleb.marker@zimmreed.com
ATTORNEY TO BE NOTICED Christopher Paul Ridout +1 877 500 8780 +1 877 500 8781 christopher.ridout@zimmreed.com
v.
Apple, Inc. Apple, Inc., Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space Theodore Boutrous, Jr. +1 213 229 7000 +1 213 229 7520 tboutrous@gibsondunn.com
Space Rachel Susan Brass +1 415 393 8200 +1 415 986 5309 rbrass@gibsondunn.com
Space Christopher Chorba +1 213 229 7000 +1 213 229 7520 cchorba@gibsondunn.com
Space Theane E. Kapur +1 213 229 7726 +1 213 229 6726 tevangelis@gibsondunn.com
No Logo Apple Inc., a California Corporation, Defendant
Other Parties
No Logo Robert Gilson, Interested Party

Represented by Cotchett Pitre & McCarthy, LLP

Name Phone Fax E-Mail
Space Mark Cotton Molumphy +1 650 697 6000 +1 650 697 0577 mmolumphy@cpmlegal.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 195 - Contract Product Liability
Timeline
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required)  Filed: 5/18/2018, Entered: None
Set Deadlines/Hearings: Case Management Statement due by 7/6/2018. Further Case Management Conference set for 7/11/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor. (cv, COURT STAFF) (Filed on 5/18/2018) Modified on 6/14/2018 (cv, COURT STAFF). Modified on 6/14/2018 (cv, COURT STAFF).
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Legal Document (Payment Possibly Required) 32 Filed: 5/18/2018, Entered: None OrderCourt Filing
ORDER requesting proposal re: protocol for common benefit work and expenses. Signed by Judge Edward J. Davila on 5/18/2018. (ejdlc3S, COURT STAFF) (Filed on 5/18/2018) (Entered: 05/18/2018)
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Legal Document (Payment Possibly Required) 31 Filed: 5/18/2018, Entered: None OrderCourt Filing
CASE MANAGEMENT ORDER NO. 2. Signed by Judge Edward J. Davila on 5/18/2018. (ejdlc3S, COURT STAFF) (Filed on 5/18/2018) (Entered: 05/18/2018)
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Legal Document (Payment Possibly Required) 30 Filed: 5/15/2018, Entered: None OrderCourt Filing
ORDER CONSOLIDATING RELATED ACTIONS re Motion to Appoint Lead Plaintiff and Lead Counsel AND Consolidate Actions re ECF 99 in 5:18-md-02827-EJD. ORIGINAL ORDER 99 WAS NOT SPREAD TO THE OTHER ACTIONS. Signed by Judge Edward J. Davila on 5/15/2018. (amkS, COURT STAFF) (Filed on 5/15/2018) Modified on 5/16/2018 (cv, COURT STAFF). (Entered: 05/16/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 5/10/2018, Entered: None Motion HearingCourt Filing
Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing held on 5/10/2018 re ( 30 in 5:18-md-02827-EJD) Motion to Appoint Lead Plaintiff and Lead Counsel filed by Karen Palmer, Brent Jones, Mark Davis, ( 38 in 5:18-md-02827-EJD) Motion to Appoint Counsel filed by John Solak, ( 35 in 5:18-md-02827-EJD) Motion to Appoint Lead Plaintiff and Lead Counsel filed by Robert Gilson. The Court heard the parties positions regarding the motions. The Court took the matters under submission. Court to issue the order. Attorneys Appearances: SEE ATTACHMENT: Attorney Attendance Sheet. Total Time in Court:10:16am-12:08pm(1Hr.52Mins.) Court Reporter: Irene Rodriguez. (amkS, COURT STAFF) (Date Filed: 5/10/2018) (Entered: 05/10/2018)
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Legal Document (Payment Possibly Required) 28 Filed: 4/27/2018, Entered: None Court Filing
Transcript of Proceedings held on 04/25/2018, before Judge Edward J. Davila. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (18 in 5:18-md-02827-EJD) Transcript Order ) Release of Transcript Restriction set for 7/26/2018. (Fisher, Summer) (Filed on 4/27/2018) (Entered: 04/27/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 4/25/2018, Entered: None Court Filing
Minute Entry for proceedings held before Judge Edward J. Davila: Further Case Management Conference held on 4/25/2018. Counsel will continue to meet and confer regarding the procedure for preservation of evidence. The Court continued to STAY request for injunctive relief until Lead Counsel is appointed. Motion for consolidation AND to Appoint Lead Counsel are due by 5/3/2018. Motions will be limited to 15 pages and no responses shall be filed per agreement of counsel. Motions to Consolidate AND to Appoint Lead Counsel Hearing SPECIAL SET for 5/10/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. The parties agreed to submit to the Court a list of 4 names for a potential discovery referee for the matter. The Court will in turn appoint a discovery referee. The parties agreed and Court ordered that a Consolidated Complaint shall be filed by 7/12/2018. The Court ordered the deadline for a Joint Case Management Statement due by 7/16/2018 by NOON; and SPECIAL SET a Further Case Management Conference for 7/18/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor. Total Time in Court:10:24-10:52am(28 Mins.) Court Reporter: Summer Fisher. Plaintiff Attorney: See ATTACHMENT Attendance Sheet. Defendant Attorney: See ATTACHMENT Attendance Sheet. (This is a text-only entry generated by the court. Attachment: Attorney Attendance Sheet. (amkS, COURT STAFF) (Date Filed: 4/25/2018) (Entered: 04/25/2018) (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 4/25/2018, Entered: None Court Filing
ORDER RELATING CASES. The following cases are ordered related to In re Apple Inc. Device Performance Litigation, Case No. 18-md-02827-EJD: Liebermann et al. v. Apple Inc., 18-cv-00110-EJD,Holman v. Apple Inc., 18-cv-00125-EJD, Solak v. Apple Inc., 18-cv-00123-EJD,Munro v. Apple Inc., 18-cv-00128-EJD,Grillo v. Apple Inc., 18-cv-00148-EJD,Diner v. Apple Inc., 18-cv-00179-EJD,Littlefield et al. v. Apple Inc., 18-cv-00182-EJD,Ferguson v. Apple Inc., 18-cv-00206-EJD,Gilson v. Apple Inc., 18-cv-00216-EJD,Banks et al. v. Apple Inc., 18-cv-00241-EJD,Werner et al. v. Apple Inc., 18-cv-00283-EJD,White v. Apple Inc., 18-cv-00305-EJD,Neumann v. Apple Inc., 18-cv-00324-EJD,Cunningham v. Apple Inc., 18-cv-00338-EJD,Wetherald v. Apple Inc., 18-cv-00371-EJD,Johnson v. Apple Inc., 18-cv-00385-EJD,Jones, et al. v. Apple Inc., 18-cv-00406-EJD,Bilic, et al. v. Apple Inc., 18-cv-00449-EJD,Williams, et al. v. Apple Inc., 18-cv-00440-EJD,Block v. Apple Inc., 18-cv-00481-EJD,Canoa de Oliveira v. Apple Inc., 18-cv-00735-EJD,Ford v. Apple Inc., 18-cv-00760-EJD, Merenstein v. Apple Inc., 18-cv-00771-EJD,Bond v. Apple Inc., 18-cv-00833-EJD, Hawes v. Apple Inc., 18-cv-01339-EJD,Fung v. Apple Inc., 18-cv-01585-EJD,Yun v. Apple Inc., 18-cv-01632-EJD,Hogue v. Apple Inc., 18-cv-00910-EJD. Signed by Judge Edward J. Davila on 4/25/2018. (amkS, COURT STAFF) (Filed on 4/25/2018) (Entered: 04/25/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 3/15/2018, Entered: None Court Filing
*** POSTED IN ERROR *** please ignore - should have been posted in the earliest case 17cv7274EJD AND 18cv1632HRL cases.Judicial Referral for Purpose of Determining Relationship of Cases re 5:18-cv-01632-HRL and 5:17-cv-07274-EJD. Signed by Magistrate Judge Howard R. Lloyd on 3/15/2018. (hrllc2S, COURT STAFF) (Filed on 3/15/2018) Modified on 3/16/2018 (cv, COURT STAFF). (Entered: 03/15/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 2/28/2018, Entered: None Court Filing
Transcript of Proceedings held on 02/21/2018, before Judge Davila. Court Reporter Irene L. Rodriguez, email address Irene_Rodriguez@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (85 in 5:17-cv-07274-EJD) Transcript Order, (84 in 5:17-cv-07274-EJD) Transcript Order, (81 in 5:17-cv-07274-EJD) Transcript Order ) Release of Transcript Restriction set for 5/29/2018. (Rodriguez, Irene) (Filed on 2/28/2018) (Entered: 02/28/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 2/21/2018, Entered: None Court Filing
Minute Entry for proceedings held before Judge Edward J. Davila: Initial Case Management Conference held on 2/21/2018. The parties requested that the ADR deadlines be extended until after the MDL determination, and all deadlines be STAYED including briefing as to 23(d)Motions. The Court GRANTS the requests and ALL deadlines are STAYED. Counsel shall meet and confer and explore possibly having a discovery referee to address battery issues to include evidence preservation. The Court set a further case management conference. Joint Case Management Statement due by 4/13/2018. Further Case Management Conference set for 4/25/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor. Plaintiff Attorney: Please see attached lists. Defendant Attorney: Please see attached lists. Total Time in Court:10:00-11:06am(1Hr.6Min.) Court Reporter: Irene Rodriguez. (amkS, COURT STAFF) (Date Filed: 2/21/2018) (Entered: 02/21/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 2/9/2018, Entered: None
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chorba, Christopher) (Filed on 2/9/2018) (Entered: 02/09/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 2/9/2018, Entered: None
CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Scott Grillo. (Blood, Timothy) (Filed on 2/9/2018) (Entered: 02/09/2018)
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Legal Document (Payment Possibly Required) 20 Filed: 1/29/2018, Entered: None
Statement - Apple Inc.'s Corporate Disclosure Statement Pursuant to Fed.R.Civ.P. 7.1 and Certificate of Interested Entities of Persons Pursuant to Civil L.R. 3-15 by Apple Inc.,. (Boutrous, Theodore) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 1/29/2018, Entered: None Court Filing
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc.,.. (Boutrous, Theodore) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 1/29/2018, Entered: None
STIPULATION Extending Time to Respond to Initial Complaint (L.R. 6-1(a)) filed by Apple Inc.,. (Boutrous, Theodore) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 17 Filed: 1/29/2018, Entered: None
NOTICE of Appearance by Rachel S. Brass (Brass, Rachel) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 16 Filed: 1/29/2018, Entered: None
NOTICE of Appearance by Theane Evangelis Kapur (Kapur, Theane) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 15 Filed: 1/29/2018, Entered: None
NOTICE of Appearance by Christopher Chorba (Chorba, Christopher) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 14 Filed: 1/29/2018, Entered: None
NOTICE of Appearance by Theodore J. Boutrous, Jr (Boutrous, Theodore) (Filed on 1/29/2018) (Entered: 01/29/2018)
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Legal Document (Payment Possibly Required) 13 Filed: 1/26/2018, Entered: None
SUMMONS Returned Executed by Scott Grillo. Apple Inc., served on 1/15/2018, answer due 2/5/2018. (Ridout, Christopher) (Filed on 1/26/2018) (Entered: 01/26/2018)
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Legal Document (Payment Possibly Required) 12 Filed: 1/23/2018, Entered: None Court Filing
ORDER RELATING CASE AND SETTING CASE MANAGEMENT CONFERENCES. It is hereby ordered that case 5:18-00324-EJD Neumann v. Apple, Inc. is related pursuant to Civil Local Rule 3-12 to 5:17-07274-EJD Harvey v. Apple, Inc. Joint Case Management Statement due by 2/9/2018. Initial Case Management Conference set for 2/21/2018 10:00 AM in San Jose, Courtroom 4, 5th Floor. Signed by Judge Edward J. Davila on 1/23/2018. (amkS, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/24/2018)
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Legal Document (Payment Possibly Required)  Filed: 1/23/2018, Entered: None
Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety. Re: 9 Certificate of Service, filed by Scott Grillo *Re-file as Summons Returned Executed* (sfbS, COURT STAFF) (Filed on 1/23/2018)
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Legal Document (Payment Possibly Required) 11 Filed: 1/23/2018, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings pursuant to Order Relating Cases. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 1/23/2018) (Entered: 01/23/2018)
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Legal Document (Payment Possibly Required) 10 Filed: 1/22/2018, Entered: None Court Filing
ORDER RELATING CASES. The Court finds that the following cases are related pursuant to Civil Local Rule 3-12: 5:18-cv-00216-HRL; 5:17-cv-07274-EJD; 5:17-cv-07285-EJD; 5:17-cv-07292-EJD; 5:17-cv-7355-BLF; 5:18-cv-00110-BLF; 5:18-cv-00123-HRL; 5:18-cv-0125-EJD; 5:18-cv-00128-HRL; 5:18-cv-00148-NC; 5:18-cv-00179-NC; 5:18-cv-00182-EJD and 5:18-cv-00206-NC. The Clerk of Court is directed to reassign the cases that are currently assigned to other judges to the undersigned judge. Signed by Judge Edward J. Davila on 1/22/2018. (amkS, COURT STAFF) (Filed on 1/22/2018) Modified text on 1/22/2018 (amkS, COURT STAFF). (Entered: 01/22/2018)
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Legal Document (Payment Possibly Required) 9 Filed: 1/22/2018, Entered: None
**Filing Error** CERTIFICATE OF SERVICE by Scott Grillo re 7 Order Reassigning Case,, Case Assigned/Reassigned, 4 Initial Case Management Scheduling Order with ADR Deadlines, 6 Order of Recusal, Terminate Deadlines and Hearings, 3 Case Assigned by Intake,,, 1 Complaint (Ridout, Christopher) (Filed on 1/22/2018) Modified on 1/23/2018 (sfbS, COURT STAFF). (Entered: 01/22/2018)
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Legal Document (Payment Possibly Required) 8 Filed: 1/12/2018, Entered: None
ADMINISTRATIVE MOTION To Consider Whether Cases Should Be Related Pursuant to Civil Local Rules 3-12 and 7-11 filed by Robert Gilson. Responses due by 1/16/2018. (Attachments: # 1 Declaration of Mark C. Molumphy, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Molumphy, Mark) (Filed on 1/12/2018) (Entered: 01/12/2018)
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Legal Document (Payment Possibly Required) 7 Filed: 1/10/2018, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Nathanael M. Cousins for all further proceedings pursuant to Order of Recusal. Magistrate Judge Susan van Keulen no longer assigned to the case. (bwS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)
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Legal Document (Payment Possibly Required) 6 Filed: 1/10/2018, Entered: None Court Filing
ORDER OF RECUSAL. This Court recuses itself from hearing this matter and directs the Clerk of Court to reassign this matter to another judge. Signed by Magistrate Judge Susan van Keulen on 1/10/2018. (ofr, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)
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Legal Document (Payment Possibly Required) 5 Filed: 1/9/2018, Entered: None
Summons Issued as to Apple Inc.,. (cv, COURT STAFF) (Filed on 1/9/2018) (Entered: 01/09/2018)
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Legal Document (Payment Possibly Required) 4 Filed: 1/9/2018, Entered: None
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/10/2018. Initial Case Management Conference set for 4/17/2018 09:30 AM in Courtroom 6, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 1/9/2018) (Entered: 01/09/2018)
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Legal Document (Payment Possibly Required) 3 Filed: 1/9/2018, Entered: None Court Filing
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/23/2018. (srnS, COURT STAFF) (Filed on 1/9/2018) (Entered: 01/09/2018)
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Legal Document (Payment Possibly Required) 2 Filed: 1/8/2018, Entered: 1/8/2018
Proposed Summons. (Ridout, Christopher) (Filed on 1/8/2018) (Entered: 01/08/2018)
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Legal Document (Payment Possibly Required) 1 Filed: 1/8/2018, Entered: 1/8/2018
COMPLAINT (CLASS ACTION) against Apple Inc., a California Corporation ( Filing fee $ 400, receipt number 0971-12006295.). Filed byScott Grillo. (Attachments: # 1 Civil Cover Sheet)(Ridout, Christopher) (Filed on 1/8/2018) (Entered: 01/08/2018)
  • Attachment 1 COMPLAINT (CLASS ACTION) against Apple Inc., a California Corporation ( Filing fee $ 400, receipt number 0971-12006295.). Filed byScott Grillo. (Attachments: # 1 Civil Cover Sheet)(Ridout, Christopher) (Filed on 1/8/2018) (Entered: 01/08/2018)
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