Friedman v. Apple, Inc. et al

Filing 26

Case transferred in from District of California Southern; Case Number 3:10-cv-02403. Original file certified copy of transfer order and docket sheet received. Modified on 4/20/2011 (bw, COURT STAFF).

CLOSED

U.S. District Court
Southern District of California (San Diego)
CIVIL DOCKET FOR CASE #: 3:10−cv−02403−JLS −WVG
Friedman v. Apple, Inc. et al
Assigned to: Judge Janis L. Sammartino
Referred to: Magistrate Judge William V. Gallo
Cause: 28:1331 Fed. Question

Date Filed: 11/22/2010
Date Terminated: 04/18/2011
Jury Demand: Plaintiff
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question

Plaintiff
Aaron Friedman
on behalf of himself and all others similarly
situated

represented by Gayle M Blatt
Casey, Gerry, Schenk, Francavilla, Blatt
&Penfield LLP
110 Laurel Street
San Diego, CA 92101−1406
(619)238−1811
Fax: (619)544−9232
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Ian Rott
Hiden Rott and Oertle
2635 Camino del Rio South
Suite 306
San Diego, CA 92108−3705
(619)296−5884
Fax: (619)296−5171
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Apple, Inc.
a California Corporation

Defendant
ATTMobility, LLC
a Delaware Corporation
Defendant

represented by Penelope A. Preovolos
Morrison &Foerster LLP
425 Market Street
San Francisco, CA 94105−2482
(415) 268−7000
Fax: (415) 268−7522
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

DOES
1 through 10, inclusive

Date Filed

#

11/22/2010

Ï1

Docket Text
COMPLAINT with Jury Demand against ATTMobility, LLC, Apple, Inc., DOES (Filing fee
$350, receipt number 0974−3088255), filed by Aaron Friedman. [Atty Maint]
The new case number is 3:10−cv−2403−JLS−POR. Judge Janis L. Sammartino and Magistrate
Judge Louisa S Porter are assigned to the case. (Blatt, Gayle)(smy) (jcj). (Entered: 11/22/2010)

11/22/2010

Ï2

Summons Issued.
Counsel receiving this notice electronically should print this summons and serve it in
accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smy) (jcj). (Entered: 11/22/2010)

12/01/2010

Ï3

Minute Order: Magistrate Judge Barbara Lynn Major added to the case. Magistrate Judge Louisa
S Porter is no longer assigned to case and Magistrate Judge Barbara Lynn Major is now assigned
to the case. The new case number is 10cv2403−JLS (BLM). Signed by Magistrate Judge Louisa S
Porter on 12/1/10. (All non−registered users served via U.S. Mail Service)(lmt) (mam). (Entered:
12/02/2010)

12/03/2010

Ï4

Minute Order: Magistrate Judge Barbara Lynn Major recuses from this case and request a new
Magistrate Judge be randomly drawn and assigned. Magistrate Judge William V. Gallo randomly
assigned to this case. The new case number is 10cv2403 JLS WVG.(yeb) (Entered: 12/03/2010)

01/04/2011

Ï5

WAIVER OF SERVICE Returned Executed by Aaron Friedman. Apple, Inc. waiver sent on
11/30/2010, answer due 1/31/2011. (Blatt, Gayle) (lmt). (Entered: 01/04/2011)

01/04/2011

Ï6

WAIVER OF SERVICE Returned Executed by Aaron Friedman. ATTMobility, LLC waiver sent
on 11/30/2010, answer due 1/31/2011. (Blatt, Gayle) (lmt). (Entered: 01/04/2011)

01/24/2011

Ï7

NOTICE of Appearance by Penelope A. Preovolos on behalf of Apple, Inc. (Preovolos,
Penelope) (lmt). (Entered: 01/24/2011)

01/24/2011

Ï8

NOTICE of Party With Financial Interest by Apple, Inc. (Preovolos, Penelope) (lmt). (Entered:
01/24/2011)

01/24/2011

Ï9

MOTION for Extension of Time to File Response/Reply Joint Motion to Extend Defendants'
Time to Respond to Class Action Complaint by Apple, Inc.. (Preovolos, Penelope) Modified to
correct event on 1/25/2011 (lmt). (Entered: 01/24/2011)

01/24/2011

Ï 10

CERTIFICATE OF SERVICE by Apple, Inc. re 7 Notice of Appearance, 9 MOTION for
Extension of Time to File Response/Reply Joint Motion to Extend Defendants' Time to Respond
to Class Action Complaint, 8 Notice of Party With Financial Interest and [Proposed] Order
Granting Joint Motion to Extend Defendants' Time to Respond to Class Action Complaint
(Preovolos, Penelope) (lmt). (Entered: 01/24/2011)

01/25/2011

Ï 11

ORDER granting 9 Joint Motion for Extension of Time to Responde to Class Action Complaint:
ATTMobility, LLC answer due 3/2/2011; Apple, Inc. answer due 3/2/2011. Signed by Judge
Janis L. Sammartino on 1/25/11. (All non−registered users served via U.S. Mail Service)(lmt)
(Entered: 01/25/2011)

02/24/2011

Ï 12

Joint MOTION for Extension of Time to File Answer Joint Motion to Further Extend
Defendants' Time to Respond to Class Action Complaint by Apple, Inc. (Preovolos, Penelope)
(lmt). (Entered: 02/24/2011)

02/24/2011

Ï 13

CERTIFICATE OF SERVICE by Apple, Inc. re 12 MOTION for Extension of Time to File
Answer Joint Motion to Further Extend Defendants' Time to Respond to Class Action Complaint
(Preovolos, Penelope) (lmt). (Entered: 02/24/2011)
02/25/2011

Ï 14

ORDER granting 12 Joint Motion for Extension of Time to Answer: ATTMobility, LLC answer
due 4/1/2011; Apple, Inc. answer due 4/1/2011. Signed by Judge Janis L. Sammartino on 2/25/11.
(All non−registered users served via U.S. Mail Service) (lmt) (jrl). (Entered: 02/25/2011)

03/04/2011

Ï 15

MOTION for Change Venue by Apple, Inc.. (Attachments: # 1 Memo of Points and Authorities,
# 2 Declaration D. House, # 3 Declaration S. Plunkett, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit
C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13
Exhibit J, # 14 Proof of Service)(Preovolos, Penelope). Modified on 3/7/2011 − Plunkett
Declaration has s/ signature. Email sent to Atty to file Corrected Declaration of S. Plunkett.
Removed duplicate text (jah). (Entered: 03/04/2011)

03/07/2011

Ï 16

DECLARATION re 15 MOTION for Change Venue Corrected Declaration of Stuart Plunkett by
Defendant Apple, Inc.. (Preovolos, Penelope) (lmt). (Entered: 03/07/2011)

03/07/2011

Ï 17

CERTIFICATE OF SERVICE by Apple, Inc. re 16 Declaration (Preovolos, Penelope) (lmt).
(Entered: 03/07/2011)

03/08/2011

Ï 18

ORDER Setting Briefing Schedule as to 15 MOTION for Change Venue: Plaintiff shall file an
opposition on or before 4/8/11. Defendant, if it wishes, shall file a reply on or before 4/15/11.
Signed by Judge Janis L. Sammartino on 3/8/11.(All non−registered users served via U.S. Mail
Service)(lmt) (jcj). (Entered: 03/08/2011)

03/29/2011

Ï 19

Joint MOTION for Extension of Time to File Answer to Class Action Complaint by Apple, Inc.
(Attachments: # 1 Proof of Service)(Preovolos, Penelope) (lmt). (Entered: 03/29/2011)

03/29/2011

Ï 20

CERTIFICATE OF SERVICE by Apple, Inc. re 19 Joint MOTION for Extension of Time to File
Response/Reply to Class Action Complaint Amended Certificate of Service (Preovolos, Penelope)
(lmt). (Entered: 03/29/2011)

04/01/2011

Ï 21

ORDER granting 19 Joint Motion for Extension of Time to Respond to Complaint; ATTMobility,
LLC answer due 5/31/2011; Apple, Inc. answer due 5/31/2011; Signed by Judge Janis L.
Sammartino on 3/30/11. (All non−registered users served via U.S. Mail Service)(kaj) (jcj).
(Entered: 04/01/2011)

04/14/2011

Ï 22

Joint MOTION for Change Venue Joint Motion to Transfer Action to Northern District of
California, San Jose Division by Apple, Inc.. (Preovolos, Penelope) (lmt). (Entered: 04/14/2011)

04/14/2011

Ï 23

CERTIFICATE OF SERVICE by Apple, Inc. re 22 MOTION for Change Venue Joint Motion to
Transfer Action to Northern District of California, San Jose Division (Preovolos, Penelope) (lmt).
(Entered: 04/14/2011)

04/18/2011

Ï 24

ORDER granting Joint Motion to Change Venue: The Clerk of this Court is to close the file in
this Court and to transfer the file to the United States District Court, Northern District of
California, San Jose Division. Signed by Judge Janis L. Sammartino on 4/18/11. (lmt) (Entered:
04/18/2011)

04/18/2011

Ï 25

Case transferred to United States District Court, Northern District of California, San Jose
Division. Files transferred electronically to: *United States District Court, Northern District of
California, San Jose Division*.*280 South 1st Street**San Jose, CA 95113*. Signed by Judge
Janis L. Sammartino on 4/18/11. (All non−registered users served via U.S. Mail Service)(lmt)
(Additional attachment(s) added on 4/18/2011: # 1 Transfer Order) (lmt). (Entered: 04/18/2011)