Minkler v. Apple Inc

Filing 1

COMPLAINT against Apple, Inc., No process. Jury demand ( Filing fee $ 400, receipt number 0971-8165810). Filed by Nancy Catherine Minkler. (Attachments: # 1 Civil Cover Sheet)(Lynn, Joseph) (Filed on 11/15/2013) Modified text on 11/18/2013 (dhmS, COURT STAFF).

JS 44 (Rev. 12/12)
Cand rev (1/15/13)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Nancy Minkler, and all others similarly situated,

Apple, Inc.

(b) County of Residence of First Listed Plaintiff Los Angeles

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

Santa Clara

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)
Donald W. Stewart
J. Paul Lynn
STEWART & STEWART, P.C.
1826 3RD Avenue North, Suite 300
Bessemer, Alabama 35020
205.425.1166
(Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL

Gregory D. Wolflick
WOLFLICK & SIMPSON
130 North Brand Blvd., Suite 410
Glendale, California 91203
818.243.8300

II. BASIS OF JURISDICTION
1

2

U.S. Government
Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
X 1

x 3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

DEF
1

PARTIES (Place an “X” in One Box for Plaintiff
and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

(Place an “X” in One Box Only)
TORTS

2

2

Incorporated and Principal Place
of Business In Another State

5

X 5

Citizen or Subject of a
Foreign Country

IV. NATURE OF SUIT

Citizen of Another State

3

3

Foreign Nation

6

6

FORFEITURE/PENALTY

PERSONAL INJURY
PERSONAL INJURY
310 Airplane
365 Personal Injury 315 Airplane Product
Product Liability
Liability
367 Health Care/
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers’
Product Liability
Liability
368 Asbestos Personal
340 Marine
Injury Product
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
X 370 Other Fraud
355 Motor Vehicle
371 Truth in Lending
Product Liability
X 380 Other Personal
360 Other Personal
Property Damage
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
440 Other Civil Rights
Habeas Corpus:
441 Voting
463 Alien Detainee
442 Employment
510 Motions to Vacate
443 Housing/
Sentence
Accommodations
530 General
445 Amer. w/Disabilities
535 Death Penalty
- Employment
Other:
446 Amer. w/Disabilities
540 Mandamus & Other
- Other
550 Civil Rights
448 Education
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure
of Property 21 USC 881
690 Other

2 Removed from
State Court

3 Remanded from
Appellate Court

4

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an “X” in One Box Only)
X 1 Original
Proceeding

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF
ACTION

Violation of the Magnuson-Moss Warranty Act
15 U.S.C. § 2301 et seq.
Brief description of cause:
Suit for damages based on defective product.

VII. REQUESTED IN X CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an “X” in One Box Only)

DEMAND $

( ) SAN FRANCISCO/OAKLAND

DATE

SIGNATURE OF ATTORNEY OF RECORD

11/15/2013

/s/ Gregory D. Wolflick

CHECK YES only if demanded in complaint:
X Yes
No
JURY DEMAND:
DOCKET NUMBER

(X) SAN JOSE

( ) EUREKA