Smith v. Apple, Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 5:07-cv-05662-JW
District Judge James Ware, presiding
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District Judge James Ware
Last Updated January 6, 2019 at 11:16 AM EST (6.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Dennis V Macasaddu, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space M. Van Smith +1 408 364 1062 +1 408 364 1145 mvsmith@sbcglobal.net

Represented by Unknown Law Firm 597

Name Phone Fax E-Mail
Space Damian Rene Fernandez +1 408 355 3021 +1 408 904 7391 damianfernandez@gmail.com
No Logo Mark G Morikawa, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space M. Van Smith +1 408 364 1062 +1 408 364 1145 mvsmith@sbcglobal.net

Represented by Unknown Law Firm 597

Name Phone Fax E-Mail
Space Damian Rene Fernandez +1 408 355 3021 +1 408 904 7391 damianfernandez@gmail.com
No Logo Michael G Lee, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space M. Van Smith +1 408 364 1062 +1 408 364 1145 mvsmith@sbcglobal.net

Represented by Unknown Law Firm 597

Name Phone Fax E-Mail
Space Damian Rene Fernandez +1 408 355 3021 +1 408 904 7391 damianfernandez@gmail.com
No Logo Timothy P Smith, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space M. Van Smith +1 408 364 1062 +1 408 364 1145 mvsmith@sbcglobal.net

Represented by Unknown Law Firm 597

Name Phone Fax E-Mail
Space Damian Rene Fernandez +1 408 355 3021 +1 408 904 7391 damianfernandez@gmail.com
No Logo Vincent Scotti, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space M. Van Smith +1 408 364 1062 +1 408 364 1145 mvsmith@sbcglobal.net

Represented by Unknown Law Firm 597

Name Phone Fax E-Mail
Space Damian Rene Fernandez +1 408 355 3021 +1 408 904 7391 damianfernandez@gmail.com
v.
Apple, Inc. Apple, Inc., Defendant

Represented by Latham & Watkins LLP

AT&T Mobility LLC AT&T Mobility LLC, Defendant

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
Space David Eldon Crowe +1 949 263 8400 +1 949 263 8414 dcrowe@crowell.com
Space Daniel Allen Sasse +1 949 263 8400 +1 949 263 8414 dsasse@crowell.com
Attributes
Office San Jose
Filed 11/7/2007
Jury Demand Defendant
Demand
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 1441 Petition for Removal
Jurisdiction Federal Question
Disposition Statistical Closing
County Santa Clara
Terminated 4/16/2008
Origin 2
Reopened
Lead Case
507-cv-05152-JW None
Related Case
Other Court Case 107-CV095781[Superior Court County of Santa Clara]
Def Custody Status
Flags ADRMOP, CLOSED, CONSOL, E-Filing
Timeline
  Entries (21) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 17 Filed: 1/11/2010, Entered: 1/11/2010 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Howard R. Lloyd for all further discovery matters. Judge Richard Seeborg no longer assigned to the case.Signed by The Executive Committee on 01/11/10. (tsh, COURT STAFF) (Filed on 1/11/2010) (Entered: 01/11/2010)
Request RequestSpace LREF
Order with OCR 16 Filed: 4/15/2008, Entered: 4/15/2008 OrderCourt Filing
ORDER Appointing Interim Lead Counsel; Administratively Closing Cases. Signed by Judge James Ware on 4/15/08. All future filings shall continue to be filed in Case No. C 07-05152 JW and to bear the caption: In Re Apple & AT&TM Anti-Trust Litigation. The Clerk shall administratively close cases C 07-05662 JW and C 08-0948 JW (jwlc2, COURT STAFF) (Filed on 4/15/2008) Modified docket text to conform to Order on 4/16/2008 (x2)(ecg, COURT STAFF).
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Order with OCR 15 Filed: 3/18/2008, Entered: 3/18/2008 OrderCourt Filing
RELATED CASE ORDER. C-07-05152 JW In Re Apple & AT&TM Anti-Trust Litigation; C-07-05662 JW Smith et al v. Apple, Inc. et al and C-08-0948 JSW Kliegerman v. Apple, Inc ARE RELATED. The Clerk shall relate the cases. Signed by Judge James Ware on 3/18/2008. (ecg, COURT STAFF) (Filed on 3/18/2008) Modified docket text on 3/18/2008 (ecg, COURT STAFF).
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Order on Motion to Relate Case with OCR 14 Filed: 3/18/2008, Entered: 3/18/2008 Order on Motion to Relate CaseCourt Filing
ORDER Granting (67) Motion to Relate Case, (68) in case 5:07-cv-05152-JW. C-07-05152 JW In Re Apple & AT&TM Anti-Trust Litigation; C-07-05662 JW Smith et al v. Apple, Inc. Et al and C-08-0948 JSW Kliegerman v. Apple, Inc ARE RELATED. The Clerk shall relate the cases. Signed by Judge James Ware on 3/18/2008. (jwlc1, COURT STAFF) (Filed on 3/18/2008) Modified docket text and docket relationship on 3/18/2008 (ecg, COURT STAFF).
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Order Reassigning Case with OCR 13 Filed: 12/4/2007, Entered: 12/4/2007 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. Judge Ronald M. Whyte and Magistrate Judge Patricia V. Trumbull no longer assigned to the case.Signed by The Executive Committee on 12/03/07. (tsh, COURT STAFF) (Filed on 12/4/2007) (Modified text on 12/4/2007 (cv, COURT STAFF). (tsh, COURT STAFF). (Additional attachment(s) added on 12/5/2007: # (1) Certificate of Service) (tsh, COURT STAFF).
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Blank -- Filed: 12/3/2007, Entered: 12/3/2007 Case Assigned/Reassigned
******DUPLICATE ENTRY, PLEASE DISREGARD ****************** Case Reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. District Judge Ronald M. Whyte and Magistrate Judge Patricia V. Trumbull no longer assigned to this case. Signed by The Executive Committee on 12/03/07. (tsh, COURT STAFF) (Filed on 12/3/2007)
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Blank -- Filed: 12/3/2007, Entered: 12/3/2007 Case Assigned/Reassigned
Pursuant to Related Case Order ([12]). Case # 07-5662-RMW related to Case # 07-5152-JW. (tsh, COURT STAFF).
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Order Relating Case with OCR 12 Filed: 11/30/2007, Entered: 12/3/2007 Order Relating CaseCourt Filing
ORDER RELATING CASES. Case No. C 07-05152 JW and Case No. 07-05662 RMW ARE RELATED. Signed by Judge James Ware on 11/30/2007. (ecg, COURT STAFF) (Filed on 12/3/2007) Modified docket entry information on 12/3/2007 (ecg, COURT STAFF).
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Order Relating Case with OCR 11 Filed: 11/30/2007, Entered: 11/30/2007 Order Relating CaseCourt Filing
ORDER Relating Cases; Order Consolidating Cases and Setting Case Management Conference. Case No. C 07-05152 JW and Case No. 07-05662 RMW ARE RELATED. The Court sua sponte consolidates the two actions. All future filings shall be filed in C 07-05152 JW and bear the following caption: "In Re Apple & AT&TM Anti-Trust Litigation". The Court vacates all previous deadlines and case schedules. A consolidated Amended Complaint shall be filed within thirty (30) days from the date of this order. Case Management Conference set for January 28,2008 at 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware Signed by Judge James Ware on 11/30/2007. (jwlc3, COURT STAFF) (Filed on 11/30/2007) Modified docket text on 12/3/2007 (ecg, COURT STAFF).
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Blank -- Filed: 11/30/2007, Entered: 12/3/2007 Set/Reset Hearings
Set/Reset Hearings: pursuant to [11] ORDER Relating Cases; Order Consolidating Cases and Setting Case Management Conference. Joint Case Management Conference due 1/18/2008. Case Management Conference set for 1/28/2008 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 11/30/2007)
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Stipulation with OCR 10 Filed: 11/9/2007, Entered: 11/9/2007 Stipulation
STIPULATION Extending Time for Defendant Apple Inc. and Defendant AT&T Mobility LLC to Answer or Otherwise Respond to Plaintiffs' Complaint by Apple, Inc.. (Attachments: # (1) Certificate of Service)(Yates, Christopher) (Filed on 11/9/2007)
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Order Reassigning Case with OCR 9 Filed: 11/8/2007, Entered: 11/8/2007 Order Reassigning CaseCourt Filing
ORDER REASSIGNING CASE. Case reassigned to District Judge Ronald M. Whyte for all further proceedings and Magistrate Judge Patricia V. Trumbull for all discovery matters. Judge Howard R. Lloyd no longer assigned to the case.Signed by The Executive Committee on 11/08/07. (tsh, COURT STAFF) (Filed on 11/8/2007)
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~Notice (other) with OCR 8 Filed: 11/7/2007, Entered: 11/7/2007 ~Notice (other)
NOTICE of Pendency of Other Action or Proceeding and Notice of Related Case by Apple, Inc. (Yates, Christopher) (Filed on 11/7/2007) Text modified on 11/8/2007 (bw, COURT STAFF).
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Certificate of Interested Entities with OCR 7 Filed: 11/7/2007, Entered: 11/7/2007 Certificate of Interested Entities
Defendant Apple, Inc.'s Certification of Interested Entities or Persons and Corporate Disclosure Statement by Apple, Inc. (Yates, Christopher) (Filed on 11/7/2007) Text modified on 11/8/2007 (bw, COURT STAFF).
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Order of Recusal with OCR 6 Filed: 11/7/2007, Entered: 11/7/2007 Order of RecusalCourt Filing
ORDER OF RECUSAL. Signed by Magistrate Judge Howard R. Lloyd on 11/07/2007. (hrllc2, COURT STAFF) (Filed on 11/7/2007)
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~Motion for Joinder with OCR 5 Filed: 11/7/2007, Entered: 11/7/2007, Terminated: 11/7/2007 ~Motion for Joinder
Defendant AT&T Mobility LLC's Joinder in Notice of Removal filed by AT&T Mobility, LLC. (Sasse, Daniel) (Filed on 11/7/2007) Text modified on 11/7/2007, incorrect event type used. (bw, COURT STAFF).
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ADR Scheduling Order with OCR 4 Filed: 11/7/2007, Entered: 11/7/2007 ADR Scheduling Order
ADR SCHEDULING ORDER: Case Management Statement due by 2/19/2008. Case Management Conference set for 2/26/2008 01:30 PM. (bw, COURT STAFF) (Filed on 11/7/2007) Modified on 12/4/2007 (bw, COURT STAFF).
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Certificate Of Service. with OCR 3 Filed: 11/7/2007, Entered: 11/7/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by Apple, Inc. re [1] Notice of Removal, [2] Declaration in Support (bw, COURT STAFF) (Filed on 11/7/2007) Modified on 12/4/2007 (bw, COURT STAFF).
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Declaration in Support with OCR 2 Filed: 11/7/2007, Entered: 11/7/2007 Declaration in Support
Declaration of Adrian F. Davis in Suport of Defendant Apple, Inc's Notice of Removal filed by Apple, Inc. (Attachments: # Exhibit A# Exhibit B) (bw, COURT STAFF) (Filed on 11/7/2007) Modified on 12/4/2007 (bw, COURT STAFF). Modified on 12/4/2007 (bw, COURT STAFF).
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Legal Document (Payment Possibly Required) 1 Filed: 11/7/2007, Entered: 11/7/2007 Notice of Removal
NOTICE OF REMOVAL - CLASS ACTION CASE (NO PROCESS) from Superior of California, Santa Clara County. Their case number is 107CV095781. (Filing fee $350 receipt number 54611002028). Filed by Apple, Inc., (bw, COURT STAFF) (Filed on 11/7/2007) Additional attachment(s) added on 11/14/2007 (dhm, COURT STAFF). Modified on 12/4/2007 (bw, COURT STAFF).
Request RequestSpace LREF
Blank -- Filed: 11/7/2007, Entered: 11/7/2007 Case Referred to ECF
CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 11/7/2007) Modified on 12/4/2007 (bw, COURT STAFF).
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