Ronnie Carmichael et al v. Samsung Electronics America, Inc.
Federal Civil Lawsuit California Central District Court, Case No. 2:11-cv-00934
District Judge Jacqueline H. Nguyen, presiding

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No Logo Cindy Sidell, Plaintiff
No Logo Edwin Gato, Plaintiff
No Logo Kay Dermer, Plaintiff
No Logo Lambert Mendoza, Plaintiff
No Logo Ronnie Carmichael, Plaintiff

Toggle Switch Represented by Bailey, Perrin & Bailey, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Fletcher Vines Trammell +1 713 425 7100 +1 713 425 7101 ftrammell@bpblaw.com

Toggle Switch Represented by Hughes Elizey LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED William Craft Hughes +1 888 350 3931 +1 888 995 3335 craft@hughesellzey.com

Toggle Switch Represented by Levin Simes Kaiser & Gornick LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED William A. Levin +1 415 426 3000 +1 415 426 3001 wlevin@levinsimes.com

Toggle Switch Represented by Zyomyx, Inc.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Timothy F Pearce +1 415 646 7160 +1 415 981 1270
v.
Samsung Electronics America, Inc. Samsung Electronics America, Inc., Defendant

Toggle Switch Represented by Ballard Spahr LLP

Name Phone Fax E-Mail
TERMINATED: 05/10/2011, ATTORNEY TO BE NOTICED Alan S Petlak +1 424 204 4320 +1 424 204 4350 petlaka@ballardspahr.com

Toggle Switch Represented by Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David I Hurwitz +1 310 201 2100 +1 310 201 2110 dih@birdmarella.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas V Reichert +1 310 201 2100 +1 310 201 2110 tvr@birdmarella.com
ATTORNEY TO BE NOTICED Ekwan E Rhow +1 310 201 2100 +1 310 201 2110 erhow@birdmarella.com
No Logo Althea Lillie, Intervenor-Plaintiff
No Logo Brian R. Hauser, Intervenor-Plaintiff
No Logo Cynthia Purcell, Intervenor-Plaintiff

Represented by Chimicles & Tikellis, LLP

Toggle Switch Represented by Cohen Milstein Sellers & Toll, PLLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED ANDREW NEIL FRIEDMAN +1 202 408 4600 +4084 408 408 4699 afriedman@cohenmilstein.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Douglas J. McNamara +1 202 408 4651 +1 202 408 4699 dmcnamara@cohenmilstein.com

Toggle Switch Represented by Horwitz Horwitz & Paradis

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael A Schwartz +1 212 986 4500 +1 212 986 4501 mschwartz@hhplawny.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Justin B Shane +1 646 216 2265 +1 212 968 4501 jshane@hhplawny.com

Represented by Kiesel Boucher & Larson LLP

No Logo Eric Chodun, Intervenor-Plaintiff
No Logo Jack Petty, Intervenor-Plaintiff
No Logo Laura Carl, Intervenor-Plaintiff
No Logo Luke Stewart, Intervenor-Plaintiff
No Logo Mark Hans, Intervenor-Plaintiff
No Logo Paul Bernardin, Intervenor-Plaintiff
No Logo Phil Draffen, Intervenor-Plaintiff
No Logo Thomas, Daniel, Intervenor-Plaintiff
Citation Section 28 U.S.C. § 1332
Nature of Suit 370 - Fraud or Truth-In-Lending
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Legal Document (Payment Possibly Required) 77 Filed: 11/14/2011, Entered: None Court Filing
IN CHAMBERS ORDER DENYING MOTION TO VACATE DISMISSAL 51 AND DENYING MOTION TO INTERVENE 54 AS MOOT by Judge Jacqueline H. Nguyen: denying 51 Motion to Vacate Dismissal ; denying as moot 54 Motion to Intervene. On September 28, 2011, the Court deemed the matter appropriate for decision without oral argument and took the Motion under submission. See Fed. R. Civ. P. 78(b); Local Rule 7-15. For the reasons herein, the Court DENIES the Motion. Because this action has been dismissed, the Court lacks jurisdiction to hear the Motion to Intervene filed by the New Jersey/ Intervenor Plaintiffs (docket no. 54). Accordingly, the Motion is DENIED as moot. (ama) (Entered: 11/14/2011)
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    Legal Document (Payment Possibly Required) 76 Filed: 9/28/2011, Entered: None Court Filing
    IN CHAMBERS ORDER TAKING MOTIONS OFF-CALENDAR AND UNDER SUBMISSION by Judge Jacqueline H. Nguyen: re: MOTIONS to Vacate 51 , to Intervene 54 .The Court finds the matter(s) appropriate for submission on the papers without oral argument. See Fed. R. Civ. P. 78(b) and Local Rule 7-15 (the Court may dispense with oral argument on any matter unless otherwise required). The matter(s) is/are, therefore, removed from the Court's calendar subject to resetting should the Court deem oral argument is needed. (ama) (Entered: 09/28/2011)
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      Legal Document (Payment Possibly Required) 75 Filed: 9/28/2011, Entered: None Court Filing
      ORDER by Judge Jacqueline H. Nguyen: granting 69 Application to Appear Pro Hac Vice by Attorney Benjamin F. Johns on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Paul R. Kiesel as local counsel. (lt) (Entered: 09/28/2011)
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        Legal Document (Payment Possibly Required) 74 Filed: 9/28/2011, Entered: None Court Filing
        ORDER by Judge Jacqueline H. Nguyen: granting 68 Application to Appear Pro Hac Vice by Attorney Steven A. Schwartz on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Paul R. Kiesel as local counsel. (lt) (Entered: 09/28/2011)
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          Legal Document (Payment Possibly Required) 73 Filed: 9/28/2011, Entered: None Court Filing
          ORDER by Judge Jacqueline H. Nguyen: granting 67 Application to Appear Pro Hac Vice by Attorney Justin B. Shane on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Jeffrey A. Konius as local counsel. (lt) (Entered: 09/28/2011)
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            Legal Document (Payment Possibly Required) 72 Filed: 9/28/2011, Entered: None Court Filing
            ORDER by Judge Jacqueline H. Nguyen: granting 66 Application to Appear Pro Hac Vice by Attorney Michael A. Schwartz on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Jeffrey A. Konius as local counsel. (lt) (Entered: 09/28/2011)
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              Legal Document (Payment Possibly Required) 71 Filed: 9/28/2011, Entered: None Court Filing
              ORDER by Judge Jacqueline H. Nguyen: granting 65 Application to Appear Pro Hac Vice by Attorney Douglas J. McNamara on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Paul R. Kiesel as local counsel. (lt) (Entered: 09/28/2011)
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                Legal Document (Payment Possibly Required) 70 Filed: 9/28/2011, Entered: None Court Filing
                ORDER by Judge Jacqueline H. Nguyen: granting 64 Application to Appear Pro Hac Vice by Attorney Andrew N. Friedman on behalf of Plaintiff-Interveners Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell and Luke Stewart, designating Paul R. Kiesel as local counsel. (lt) (Entered: 09/28/2011)
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                  Legal Document (Payment Possibly Required) 69 Filed: 9/27/2011, Entered: None
                  APPLICATION for attorney BENJAMIN F. JOHNS to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9287342 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                    Legal Document (Payment Possibly Required) 68 Filed: 9/27/2011, Entered: None
                    APPLICATION for attorney STEVEN A. SCHWARTZ to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9287329 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                      Legal Document (Payment Possibly Required) 67 Filed: 9/27/2011, Entered: None
                      APPLICATION for attorney JUSTIN B. SHANE to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9287317 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                        Legal Document (Payment Possibly Required) 66 Filed: 9/27/2011, Entered: None
                        APPLICATION for attorney MICHAEL A. SCHWARTZ to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9287298 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                          Legal Document (Payment Possibly Required) 65 Filed: 9/27/2011, Entered: None
                          APPLICATION for attorney DOUGLAS J. McNAMARA to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9287172 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                            Legal Document (Payment Possibly Required) 64 Filed: 9/27/2011, Entered: None
                            APPLICATION for attorney ANDREW N. FRIEDMAN to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9286231 paid.) filed by Proposed New Jersey Intervenor-Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Certificate of Good Standing, # 2 Proof of Service, # 3 Proposed Order)(Kiesel, Paul) (Entered: 09/27/2011)
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                              Legal Document (Payment Possibly Required) 63 Filed: 9/19/2011, Entered: None
                              REPLY in support of MOTION to Intervene 54 filed by Intervenor Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Jack Petty, Cynthia Purcell, Luke Stewart. (Attachments: # 1 Declaration of Justin B. Shane, # 2 Proof of Service)(Kiesel, Paul) (Entered: 09/19/2011)
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                                Legal Document (Payment Possibly Required) 62 Filed: 9/15/2011, Entered: None
                                REQUEST FOR JUDICIAL NOTICE re MOTION to Intervene 54 filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Exhibit 1 to the Declaration of David Hurwitz)(Hurwitz, David) (Entered: 09/15/2011)
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                                  Legal Document (Payment Possibly Required) 61 Filed: 9/12/2011, Entered: None
                                  DECLARATION in opposition to MOTION to Intervene 54 filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Edwin Gato, Lambert Mendoza, Cindy Sidell. (Hughes, William) (Entered: 09/12/2011)
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                                    Legal Document (Payment Possibly Required) 60 Filed: 9/12/2011, Entered: None
                                    OPPOSITION to MOTION to Intervene 54 First Amended filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Edwin Gato, Lambert Mendoza, Cindy Sidell. (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Hughes, William) (Entered: 09/12/2011)
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                                      Legal Document (Payment Possibly Required) 59 Filed: 9/12/2011, Entered: None
                                      DECLARATION of David Hurwitz In Opposition to MOTION to Intervene 54 and Transfer filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hurwitz, David) (Entered: 09/12/2011)
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                                        Legal Document (Payment Possibly Required) 58 Filed: 9/12/2011, Entered: None
                                        OPPOSITION to MOTION to Intervene 54 and Transfer filed by Defendant Samsung Electronics America, Inc.. (Hurwitz, David) (Entered: 09/12/2011)
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                                          Legal Document (Payment Possibly Required) 57 Filed: 9/10/2011, Entered: None
                                          OPPOSITION to MOTION to Intervene 54 filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Edwin Gato, Lambert Mendoza, Cindy Sidell. (Attachments: # 1 Proposed Order Granting Plaintiffs Motion to Vacate Dismissal, # 2 Proposed Order Denying New Jersey Plaintiffs Motion to Intervene and Transfer)(Hughes, William) (Entered: 09/10/2011)
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                                            Legal Document (Payment Possibly Required) 56 Filed: 9/2/2011, Entered: None Court Filing
                                            IN CHAMBERS ORDER SCHEDULING NEW JERSEY PLAINTIFFS' MOTION FOR OCTOBER 3, 2011 by Judge Jacqueline H. Nguyen: re MOTION to Intervene 54 . Motion hearing set on 10/3/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (ama) (Entered: 09/02/2011)
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                                              Legal Document (Payment Possibly Required) 55 Filed: 9/2/2011, Entered: None
                                              LOCAL RULE 7.1-1 CERTIFICATION AS TO INTERESTED PARTIES, AND FED.R.CIV.P.7.1 DISCLOSURE STATEMENT filed by New Jersey/Intervenor Plaintiffs Paul Bernardin, Laura Carl, Eric Chodun, Thomas Daniel, Phil Draffen, Mark Hans, Brian R. Hauser, Althea Lillie, Jack Petty, Cynthia Purcell, Luke Stewart. (ama) (Entered: 09/02/2011)
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                                                Legal Document (Payment Possibly Required) 54 Filed: 9/2/2011, Entered: None Court Filing
                                                NOTICE OF MOTION AND MOTION to Intervene filed by New Jersey/Intervenor Plaintiffs Motion set for hearing on 10/3/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Proposed Order Granting the Motion, # 3 Proposed Order Denying the Motion)(ama) (Additional attachment(s) added on 9/9/2011: # 4 Declaration, # 5 Declaration) (rrey). (Entered: 09/02/2011)
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                                                  Legal Document (Payment Possibly Required) 52 Filed: 8/23/2011, Entered: None Court Filing
                                                  IN CHAMBERS ORDER CONTINUING MOTION HEARING TO OPEN CIVIL MOTION HEARING DATE by Judge Jacqueline H. Nguyen: re MOTION to Vacate Dismissal 51 . The Motion hearing date is continued to 10/3/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (ama) (Entered: 08/23/2011)
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                                                    Legal Document (Payment Possibly Required) 51 Filed: 8/22/2011, Entered: None Court Filing
                                                    NOTICE OF MOTION AND MOTION to Vacate Dismissal Pursuant to Federal Rule of Civil Procedure 60(b) filed by Plaintiffs Ronnie Carmichael. Motion set for hearing on 9/26/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (Attachments: # 1 Memorandum in Support)(Trammell, Fletcher) (Entered: 08/22/2011)
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                                                      Legal Document (Payment Possibly Required) 50 Filed: 8/16/2011, Entered: None
                                                      NOTICE of Voluntary Dismissal filed by Plaintiffs Ronnie Carmichael. Dismissal is Without prejudice. (Trammell, Fletcher) (Entered: 08/16/2011)
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                                                        Legal Document (Payment Possibly Required) 49 Filed: 8/5/2011, Entered: None
                                                        PROOF OF SERVICE filed by plaintiffs Ronnie Carmichael, Kay Dermer, Edwin Gato, Lambert Mendoza, Cindy Sidell, re Second Amended Complaint 48 served on 8/5/11. (bp) (Entered: 08/09/2011)
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                                                          Legal Document (Payment Possibly Required) 48 Filed: 8/5/2011, Entered: None Amended Complaint
                                                          SECOND AMENDED COMPLAINT against Defendants Samsung Electronics America, Inc. amending Amended Complaint 34 ,filed by plaintiffs Kay Dermer, Ronnie Carmichael, Lambert Mendoza, Edwin Gato, Cindy Sidell (bp) (Entered: 08/09/2011)
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                                                            Legal Document (Payment Possibly Required) 47 Filed: 8/3/2011, Entered: None Court Filing
                                                            ORDER RE JURY TRIAL by Judge Jacqueline H. Nguyen: Final Pretrial Conference set for 4/2/2012 10:30 AM and Jury Trial set for 5/1/2012 08:30 AM before Judge Jacqueline H. Nguyen. (ama) (Entered: 08/03/2011)
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                                                              Legal Document (Payment Possibly Required) 46 Filed: 8/3/2011, Entered: None Court Filing
                                                              ORDER ON STIPULATION TO GRANT PLAINTIFFS LEAVE TO FILE A SECOND AMENDED COMPLAINT by Judge Jacqueline H. Nguyen: re MOTION to Dismiss First Amended Complaint 37 , Stipulation for Leave 45 . IT IS HEREBY ORDERED that: (1) Plaintiffs are granted leave to file a Second Amended Complaint within 7 days; and (2) the August 15, 2011 hearing on Defendants motion to dismiss Plaintiffs First Amended Complaint 37 is taken off calendar. (ama) (Entered: 08/03/2011)
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                                                                Legal Document (Payment Possibly Required) 45 Filed: 8/1/2011, Entered: None
                                                                Joint STIPULATION for Leave to File Second Amended Complaint filed by defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order)(Hurwitz, David) (Entered: 08/01/2011)
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                                                                  Legal Document (Payment Possibly Required) 44 Filed: 7/20/2011, Entered: None Court Filing
                                                                  ORDER RE: SETTLEMENT PROCEDURE SELECTION: REQUEST AND NOTICE by Judge Jacqueline H. Nguyen: Granting the request of the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body for settlement conference. (ama) (Entered: 07/20/2011)
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                                                                    Legal Document (Payment Possibly Required) 43 Filed: 7/19/2011, Entered: None
                                                                    CERTIFICATE OF SERVICE filed by defendant Samsung Electronics America, Inc., re Report 42 Joint Rule 26(f) Report served on July 19, 2011. (Hurwitz, David) (Entered: 07/19/2011)
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                                                                      Legal Document (Payment Possibly Required) 42 Filed: 7/19/2011, Entered: None
                                                                      JOINT RULE 26(f) REPORT filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Exhibit A)(Hurwitz, David) (Entered: 07/19/2011)
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                                                                        Legal Document (Payment Possibly Required) 41 Filed: 7/11/2011, Entered: None
                                                                        OPPOSITION to MOTION to Dismiss First Amended Complaint 37 filed by Plaintiff Ronnie Carmichael. (Trammell, Fletcher) (Entered: 07/11/2011)
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                                                                          Legal Document (Payment Possibly Required) 40 Filed: 7/8/2011, Entered: None Court Filing
                                                                          ORDER ON EX PARTE APPLICATION TO CONTINUE HEARING ON MOTION TO DISMISS by Judge Jacqueline H. Nguyen: re MOTION to Dismiss First Amended Complaint 37 . Motion hearing continued to 8/15/2011 at 02:00 PM before Judge Jacqueline H. Nguyen.) (ama) (Entered: 07/08/2011)
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                                                                            Legal Document (Payment Possibly Required) 39 Filed: 7/7/2011, Entered: None
                                                                            EX PARTE APPLICATION to Continue Hearing from August 1, 2011 to August 15, 2011 Re: MOTION to Dismiss First Amended Complaint 37 filed by Plaintiff Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (Attachments: # 1 Proposed Order)(Trammell, Fletcher) (Entered: 07/07/2011)
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                                                                              Legal Document (Payment Possibly Required) 38 Filed: 7/1/2011, Entered: None
                                                                              CERTIFICATE OF SERVICE filed by defendant Samsung Electronics America, Inc., re MOTION to Dismiss First Amended Complaint 37 served on July 1, 2011. (Hurwitz, David) (Entered: 07/01/2011)
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                                                                                Legal Document (Payment Possibly Required) 37 Filed: 7/1/2011, Entered: None Court Filing
                                                                                NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by defendant Samsung Electronics America, Inc.. Motion set for hearing on 8/1/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (Attachments: # 1 Memorandum of Points & Authorities In Support of Motion to Dismss First Amended Complaint)(Hurwitz, David) (Entered: 07/01/2011)
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                                                                                  Legal Document (Payment Possibly Required) 36 Filed: 6/23/2011, Entered: None Court Filing
                                                                                  MINUTES (IN CHAMBERS): ORDER GRANTING DEFENDANT'S MOTION TO DISMISS 29 by Judge Jacqueline H. Nguyen: The Court hereby GRANTS Defendant's Motion to Dismiss (docket no.29), and the Complaint is dismissed without prejudice. Plaintiffs may file an amended complaint not later than July 11, 2011.granting Motion to Dismiss Case (bp) (Entered: 06/23/2011)
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                                                                                    Legal Document (Payment Possibly Required) 35 Filed: 6/20/2011, Entered: None
                                                                                    PROOF OF SERVICE filed by plaintiff Ronnie Carmichael, Kay Dermer, Lambert Mendoza, re First Amended Complaint 34 served on 6/20/11. (bp) (Entered: 06/23/2011)
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                                                                                      Legal Document (Payment Possibly Required) 34 Filed: 6/20/2011, Entered: None Amended Complaint
                                                                                      FIRST AMENDED COMPLAINT against defendant Samsung Electronics America, Inc. amending Complaint - (Discovery), 1 ,filed by plaintiffs Kay Dermer, Ronnie Carmichael, Lambert Mendoza (bp) (Entered: 06/23/2011)
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                                                                                        Legal Document (Payment Possibly Required) 33 Filed: 6/21/2011, Entered: None Court Filing
                                                                                        ORDER FOR RULE 26 JOINT SCHEDULING REPORT by Judge Jacqueline H. Nguyen. Deadline to File Joint Report 7/19/2011. (bp) (Entered: 06/23/2011)
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                                                                                          Legal Document (Payment Possibly Required) 32 Filed: 6/3/2011, Entered: None Court Filing
                                                                                          ORDER ON STIPULATION TO EXTEND DEADLINE FOR PLAINTIFFS TO FILE MOTION FOR CLASS CERTIFICATION by Judge Jacqueline H. Nguyen: re Stipulation for Extension of Time to File 30 . Pursuant to stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that Plaintiffs shall file their motion for class certification 30 days after the Court rules on the pending motion to dismiss, if the motion is denied, in whole or in part. (ama) (Entered: 06/03/2011)
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                                                                                            Legal Document (Payment Possibly Required) 31 Filed: 6/2/2011, Entered: None
                                                                                            CERTIFICATE OF SERVICE filed by defendant Samsung Electronics America, Inc., re MOTION to Dismiss Case 29 served on June 2, 2011. (Hurwitz, David) (Entered: 06/02/2011)
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                                                                                              Legal Document (Payment Possibly Required) 30 Filed: 6/2/2011, Entered: None
                                                                                              Joint STIPULATION for Extension of Time to File Motion For Class Certification filed by defendant Samsung Electronics America, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hurwitz, David) (Entered: 06/02/2011)
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                                                                                                Legal Document (Payment Possibly Required) 29 Filed: 6/1/2011, Entered: None Court Filing
                                                                                                NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Samsung Electronics America, Inc.. Motion set for hearing on 7/11/2011 at 02:00 PM before Judge Jacqueline H. Nguyen. (Attachments: # 1 Memorandum)(Hurwitz, David) (Entered: 06/01/2011)
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                                                                                                  Legal Document (Payment Possibly Required) 28 Filed: 5/20/2011, Entered: None Court Filing
                                                                                                  ORDER DENYING REQUEST FOR FIFTH EXTENSION OF DEADLINE TO ANSWER by Judge Jacqueline H. Nguyen: re Stipulation to Extend Time to Answer 27 . Defendant Samsung Electronics America, Inc. was served with the Complaint on February 1, 2011. The Answer was originally due on February 22, 2011. It was extended four times-- to March 14; April 25; May 2; and finally, June 1, 2011. Accordingly, the Court DENIES the Parties request for a further extension. The request for extension of time to file a motion for class certification is also denied. (ama) (Entered: 05/20/2011)
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                                                                                                    Legal Document (Payment Possibly Required) 27 Filed: 5/19/2011, Entered: None
                                                                                                    STIPULATION for Extension of Time to File Answer to August 1, 2011 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order)(Hurwitz, David) (Entered: 05/19/2011)
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                                                                                                      Legal Document (Payment Possibly Required) 26 Filed: 5/10/2011, Entered: None Court Filing
                                                                                                      ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Jacqueline H. Nguyen: granting 25 Request to Substitute Bird Marella Boxer Wolpert Nessim Drooks & Lindenberg P.C. for defendant Samsung Electronics America, Inc. (ama) (Entered: 05/10/2011)
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                                                                                                        Legal Document (Payment Possibly Required) 25 Filed: 5/9/2011, Entered: None
                                                                                                        REQUEST to Substitute attorney Ekwan E. Rhow in place of attorney Alan S. Petlak filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order On Request for Approval of Substitution of Attorney)(Rhow, Ekwan) (Entered: 05/09/2011)
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                                                                                                          Legal Document (Payment Possibly Required) 24 Filed: 4/26/2011, Entered: None Court Filing
                                                                                                          IT IS HEREBY ORDERED that Samsung shall answer or otherwise respond to the Complaint in this case not later than June 1, 2011, and that Plaintiffs' motion for class certification shall be filed not later than July 6, 2011 by Judge Jacqueline H. Nguyen 23 (bp) (Entered: 04/26/2011)
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                                                                                                            Legal Document (Payment Possibly Required) 23 Filed: 4/25/2011, Entered: None
                                                                                                            EX PARTE APPLICATION for Extend Time to File Answer to 6/1/2011 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order)(Reichert, Thomas) (Entered: 04/25/2011)
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                                                                                                              Legal Document (Payment Possibly Required) 22 Filed: 4/20/2011, Entered: None Court Filing
                                                                                                              ORDER by Judge Jacqueline H. Nguyen granting Stipulation to Extend Time to Answer (More than 30 days) 21 , defendant Samsung Electronics America, Inc. answer due 5/2/2011. Plaintiffs may have until June 6, 2011 to file the motion for class certification. (rrey) (Entered: 04/21/2011)
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                                                                                                                Legal Document (Payment Possibly Required) 21 Filed: 4/19/2011, Entered: None
                                                                                                                STIPULATION for Extension of Time to File Answer to June 9, 2011 filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order)(Petlak, Alan) (Entered: 04/19/2011)
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                                                                                                                  Legal Document (Payment Possibly Required) 20 Filed: 3/16/2011, Entered: None Court Filing
                                                                                                                  ORDER ONAPPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Jacqueline H. Nguyen: Granting APPLICATION for attorney William Craft Hughes to Appear Pro Hac Vice on behalf of Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (ama) (Entered: 03/16/2011)
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                                                                                                                    Legal Document (Payment Possibly Required) 19 Filed: 3/15/2011, Entered: None
                                                                                                                    APPLICATION for attorney William Craft Hughes to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (Attachments: # 1 Proposed Order)(Levin, William) (Entered: 03/15/2011)
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                                                                                                                      Legal Document (Payment Possibly Required) 18 Filed: 3/14/2011, Entered: None
                                                                                                                      PROOF OF SERVICE Executed by Plaintiff Kay Dermer, Ronnie Carmichael, Lambert Mendoza, upon Defendant Service of the Summons and Complaint were executed upon Margaret Wilson Person Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Levin, William) (Entered: 03/14/2011)
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                                                                                                                        Legal Document (Payment Possibly Required) 17 Filed: 3/14/2011, Entered: None Court Filing
                                                                                                                        ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY AN ADDITIONAL 40 DAYS by Judge Jacqueline H. Nguyen: re Stipulation to Extend Time to Answer 14 . (ama) (Entered: 03/14/2011)
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                                                                                                                          Legal Document (Payment Possibly Required) 16 Filed: 3/11/2011, Entered: None Court Filing
                                                                                                                          PRO HAC VICE APPLICATION-DENIED by Judge Jacqueline H. Nguyen: denying 13 Application to Appear Pro Hac Vice. (ama) (Entered: 03/11/2011)
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                                                                                                                            Legal Document (Payment Possibly Required) 15 Filed: 3/10/2011, Entered: None
                                                                                                                            NOTICE OF ERRATA filed by Defendant Samsung Electronics America, Inc.. correcting Stipulation to Extend Time to Answer (More than 30 days), Stipulation to Extend Time to Answer (More than 30 days) 12 (Petlak, Alan) (Entered: 03/10/2011)
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                                                                                                                              Legal Document (Payment Possibly Required) 14 Filed: 3/10/2011, Entered: None
                                                                                                                              STIPULATION for Extension of Time to File Answer to April 25, 2011 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time to Respond to Initial Complaint by an Additional 40 Days)(Petlak, Alan) (Entered: 03/10/2011)
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                                                                                                                                Legal Document (Payment Possibly Required) 13 Filed: 3/10/2011, Entered: None
                                                                                                                                APPLICATION for attorney William Craft Hughes to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Ronnie Carmichael. (Attachments: # 1 Proposed Order)(Levin, William) (Entered: 03/10/2011)
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                                                                                                                                  Legal Document (Payment Possibly Required) 12 Filed: 3/10/2011, Entered: None
                                                                                                                                  STIPULATION for Extension of Time to File Answer to April 25, 2011 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Samsung Electronics America, Inc.. (Attachments: # 1 Proposed Order Granting Stipulation to Extend Time to Respond to Initial Complaint by an Additional 40 Days)(Petlak, Alan) (Entered: 03/10/2011)
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                                                                                                                                    Legal Document (Payment Possibly Required) 11 Filed: 3/4/2011, Entered: None Court Filing
                                                                                                                                    ORDER by Judge Jacqueline H. Nguyen: denying 10 Application to Appear Pro Hac Vice of William Craft Hughes. (lt) (Entered: 03/07/2011)
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                                                                                                                                      Legal Document (Payment Possibly Required) 10 Filed: 3/3/2011, Entered: None
                                                                                                                                      APPLICATION for attorney William Craft Hughes to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (Attachments: # 1 Proposed Order)(Levin, William) (Entered: 03/03/2011)
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                                                                                                                                        Legal Document (Payment Possibly Required) 9 Filed: 3/3/2011, Entered: None Court Filing
                                                                                                                                        IN CHAMBERS ORDER TO SHOW CAUSE re DISMISSAL FOR LACK OF PROSECUTION by Judge Jacqueline H. Nguyen: re Service of Summons and Complaint Returned Executed 5 . The Court, on its own motion, ORDERS that counsel for plaintiff show cause in writing on or before March 17, 2011, why this action should not be dismissed for lack of prosecution.The Court will consider the filing of the following, on or before the above date, as an appropriate response to this Order to Show Cause: answer to complaint or request for entry of default after proof of service 5 . (ama) (Entered: 03/03/2011)
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                                                                                                                                          Legal Document (Payment Possibly Required) 8 Filed: 2/18/2011, Entered: None Court Filing
                                                                                                                                          ORDER by Judge Jacqueline H. Nguyen: granting 6 Application to Appear Pro Hac Vice by Attorney Fletcher V. Trammel on behalf of Ronnie Carmichael, designating William A. Levin as local counsel. (lt) (Entered: 02/24/2011)
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                                                                                                                                            Legal Document (Payment Possibly Required) 7 Filed: 2/18/2011, Entered: None
                                                                                                                                            FIRST STIPULATION Extending Time to Answer the complaint as to Samsung Electronics America, Inc. answer now due 3/14/2011, filed by Defendant Samsung Electronics America, Inc..(Petlak, Alan) (Entered: 02/18/2011)
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                                                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 2/16/2011, Entered: None
                                                                                                                                              APPLICATION for attorney Fletcher V. Trammell to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (Levin, William) (Entered: 02/16/2011)
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                                                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 2/16/2011, Entered: None
                                                                                                                                                PROOF OF SERVICE Executed by Plaintiff Kay Dermer, Ronnie Carmichael, Lambert Mendoza, upon Defendant Samsung Electronics America, Inc. served on 2/1/2011, answer due 2/22/2011. Service of the Summons and Complaint were executed upon Samsung Electronics America, Inc. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Levin, William) (Entered: 02/16/2011)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 1/31/2011, Entered: None
                                                                                                                                                  NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to W. Craft Hughes for Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 02/01/2011)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 1/31/2011, Entered: None
                                                                                                                                                    NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Fletcher V. Trammell for Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 02/01/2011)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 1/31/2011, Entered: None
                                                                                                                                                      CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Ronnie Carmichael, Kay Dermer, Lambert Mendoza. (et) (ds). (Entered: 02/01/2011)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 1/31/2011, Entered: None Court Filing
                                                                                                                                                        CLASS ACTION COMPLAINT against Defendant Samsung Electronics America, Inc. Case assigned to Judge Jacqueline H. Nguyen for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi filed by Plaintiffs Kay Dermer, Ronnie Carmichael, Lambert Mendoza. (Filing fee $ 350 PAID.) Jury Demanded. (et) (Additional attachment(s) added on 2/4/2011: # 1 Notice of Assignment, # 2 Summons, # 3 Civil Cover Sheet) (ds). (Entered: 02/01/2011)
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