California Northern District Court
Judge:Edward J Davila
Case #: 5:14-cv-04746
Nature of Suit385 Torts - Personal Property - Property Damage Product Liability
Cause28:1332 Diversity-Non-Motor Vehicle
Case Filed:Oct 24, 2014
Terminated:May 14, 2015
Last checked: Sunday May 10, 2015 9:03 AM PDT
Defendant
Apple, Inc.
Represented By
Matthew David Powers
O'Melveny & Myers LLP
contact info
Kelsey M. Larson
contact info
Plaintiff
Zachary Book
Represented By
Steven N. Berk
Berk Law PLLC
contact info
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Michael Francis Ram
Ram, Olson, Cereghino & Kopczynski LLP
contact info
Esfand Nafisi
Whitfield Bryson And Mason LLP
contact info
Plaintiff
Donald Cowart
Represented By
Steven N. Berk
Berk Law PLLC
contact info
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Michael Francis Ram
Ram, Olson, Cereghino & Kopczynski LLP
contact info
Esfand Nafisi
Whitfield Bryson And Mason LLP
contact info
Plaintiff
John Manners
Represented By
Steven N. Berk
Berk Law PLLC
contact info
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Michael Francis Ram
Ram, Olson, Cereghino & Kopczynski LLP
contact info
Esfand Nafisi
Whitfield Bryson And Mason LLP
contact info
Plaintiff
Lori Ashbaugh
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Jessica Chandler
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Holly Fournier
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Thomas Garofalo
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Michael Ghezzi
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Adam Miles
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Louis Ramos
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Jennifer Roberts
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info
Plaintiff
Jonathan Rowe
Represented By
Gary E. Mason
Whitfield Bryson & Mason LLP
contact info

GPO May 14 2015
lerk shall close this file. Signed by Judge Edward J. Davila on 5/14/2015. (ecg, COURT STAFF) (Filed on 5/14/2015) ORDER GRANTING 33 Notice of Voluntary Dismissal filed by John Manners, Jessica Chandler, Donald Cowart, Lori Ashbaugh, Holly Fournier, Michael Ghezzi, Thomas Garofalo, Zachary Book, Jennifer Roberts, Adam Miles, Louis Ramos. The C
Docket last updated: 11/03/2024 11:59 PM PST
Thursday, May 14, 2015
34 34 order Order 1 - Terminate Deadlines 1 - Terminate Deadlines and Hearings 1 - Terminate Hearings 1 - Terminate Scheduling Order Deadlines 1 - Terminate Trial Management Order Deadlines Thu 05/14 4:28 PM
ORDER GRANTING 33 Notice of Voluntary Dismissal filed by John Manners, Jessica Chandler, Donald Cowart, Lori Ashbaugh, Holly Fournier, Michael Ghezzi, Thomas Garofalo, Zachary Book, Jennifer Roberts, Adam Miles, Louis Ramos. The Clerk shall close this file. Signed by Judge Edward J. Davila on 5/14/2015. (ecg, COURT STAFF) (Filed on 5/14/2015)
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Tuesday, May 12, 2015
33 33 notice Notice of Voluntary Dismissal Tue 05/12 9:21 AM
NOTICE of Voluntary Dismissal by Lori Ashbaugh, Zachary Book, Jessica Chandler, Donald Cowart, Holly Fournier, Thomas Garofalo, Michael Ghezzi, John Manners, Adam Miles, Louis Ramos, Jennifer Roberts(Ram, Michael) (Filed on 5/12/2015)
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Att: 1 Proposed Order Granting Voluntary Dismissal
Monday, March 30, 2015
32 32 order Order on Stipulation Mon 03/30 2:29 PM
Order Granting 31 Stipulation EXTENDINGBRIEFING SCHEDULE FOR MOTION TO DISMISS FIRST AMENDED COMPLAINT; CASE MANAGEMENT CONFERENCE. Signed by Hon. Edward J. Davila on 3/30/2015.(ecg, COURT STAFF) (Filed on 3/30/2015)
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utility Set Motion and Deadlines/Hearings Set Deadlines/Hearings Terminate Deadlines Mon 03/30 2:36 PM
Set/Reset Deadlines as to24 MOTION to Dismiss First Amended Complaint : Response due by 5/13/2015. Reply due by 5/27/2015. Motion Hearing set for 6/11/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 6/4/2015. Case Management Conference set for 6/11/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 3/30/2015)
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Friday, March 27, 2015
31 31 motion Stipulation and Proposed Order Fri 03/27 12:30 PM
STIPULATION WITH PROPOSED ORDER re24 MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof EXTENDING BRIEFING SCHEDULE FOR MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Lori Ashbaugh, Zachary Book, Jessica Chandler, Donald Cowart, Holly Fournier, Thomas Garofalo, Michael Ghezzi, John Manners, Adam Miles, Louis Ramos, Jennifer Roberts, Jonathan Rowe.(Mason, Gary) (Filed on 3/27/2015)
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Att: 1 Declaration of Gary E. Mason in Support of Joint Stipulation
Wednesday, February 25, 2015
30 30 order Order on Stipulation Wed 02/25 3:07 PM
Order Granting 29 Stipulation Resetting Briefing on Motion to Dismiss; Case Management Conference. Signed by Hon. Edward J. Davila on 2/25/2015.(ecg, COURT STAFF) (Filed on 2/25/2015)
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utility Set Motion and Deadlines/Hearings Set Deadlines/Hearings Wed 02/25 3:12 PM
Set/Reset Deadlines as to24 MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof : Opposition due by 4/6/2015. Reply due by 4/20/2015. Motion Hearing set for 5/7/2015 09:00 AM before Hon. Edward J. Davila. Joint Case Management Statement due by 4/30/2015. Case Management Conference set for 5/7/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 2/25/2015)
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Tuesday, February 24, 2015
29 29 motion Stipulation and Proposed Order Tue 02/24 10:59 AM
STIPULATION WITH PROPOSED ORDER re24 MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof Joint Stipulation and [Proposed] Order Extending Briefing Schedule for Motion to Dismiss First Amended Complaint Under L.R. 6-2 filed by Apple, Inc..(Powers, Matthew) (Filed on 2/24/2015)
Related: [-]
Att: 1 Declaration Declaration of Matthew D. Powers in Support of Joint Stipulation and [Proposed] Order Extending Briefing Schedule for Motion to Dismiss First Amended Complaint
Tuesday, February 10, 2015
28 28 notice Notice of Appearance Tue 02/10 9:31 AM
NOTICE of Appearance by Kelsey M. Larson Notice of Appearance of Kelsey M. Larson (Larson, Kelsey) (Filed on 2/10/2015)
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Wednesday, February 04, 2015
27 27 order Order on Stipulation Wed 02/04 5:37 PM
Order Granting 26 Stipulation to Continue Case Management Conference. Signed by Hon. Edward J. Davila on 2/4/2015.(ecg, COURT STAFF) (Filed on 2/4/2015)
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Tuesday, February 03, 2015
26 26 motion Stipulation and Proposed Order Tue 02/03 11:40 AM
STIPULATION WITH PROPOSED ORDER Rescheduling Case Management Conference filed by Zachary Book, Donald Cowart, John Manners, Lori Ashbaugh, Jessica Chandler, Michael Ghezzi, Thomas Garofalo, Holly Fournier, Adam Miles, Jonathan Rowe, Louis Ramos, Jennifer Roberts.(Mason, Gary) (Filed on 2/3/2015)
Related: [-]
Att: 1 Declaration of Gary E. Mason,
Att: 2 Proposed Order
Thursday, January 29, 2015
25 25 oth_sup Request for Judicial Notice Thu 01/29 7:13 PM
Request for Judicial Notice re24 MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed byApple, Inc.. Related [+] (Powers, Matthew) (Filed on 1/29/2015)
Related: [-] 24
Att: 1 Declaration Declaration of Matthew D. Powers in Support of Defendant Apple Inc.'s Request for Judicial Notice,
Att: 2 Exhibit Exhibit A to Declaration of Matthew D. Powers,
Att: 3 Exhibit Exhibit B to Declaration of Matthew D. Powers,
Att: 4 Exhibit Exhibit C to Declaration of Matthew D. Powers,
Att: 5 Proposed Order [Proposed] Order Granting Defendant Apple Inc.'s Request for Judicial Notice
24 24 motion Dismiss Thu 01/29 7:04 PM
MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Apple, Inc.. Motion Hearing set for 4/2/2015 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 2/12/2015. Replies due by 2/19/2015.(Powers, Matthew) (Filed on 1/29/2015)
Related: [-]
Att: 1 Proposed Order [Proposed] Order Granting Defendant Apple Inc.'s Motion to Dismiss First Amended Complaint
Friday, December 19, 2014
23 23 order Order on Motion for Pro Hac Vice Fri 12/19 3:39 PM
Order Granting 21 Motion for Pro Hac Vice for Steven Berk for Plaintiffs. Signed by Hon. Edward J. Davila on 12/19/2014.(ecg, COURT STAFF) (Filed on 12/19/2014)
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22 22 cmp Amended Complaint Fri 12/19 1:26 PM
AMENDED COMPLAINT First Amended Class Action Complaint against Apple, Inc.. Filed byZachary Book, John Manners, Donald Cowart. (Ram, Michael) (Filed on 12/19/2014)
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21 21 motion Pro Hac Vice Fri 12/19 7:26 AM
MOTION for leave to appear in Pro Hac Vice of Steven N. Berk ( Filing fee $ 305, receipt number 0971-9158286.) filed by Zachary Book, Donald Cowart, John Manners.(Berk, Steven) (Filed on 12/19/2014)
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Att: 1 Certificate of Good Standing (IL),
Att: 2 Certificate of Good Standing (DC)
Wednesday, December 17, 2014
20 20 order Order on Motion for Pro Hac Vice Wed 12/17 11:12 AM
Order Granting 17 Motion for Pro Hac Vice as to Attorney Esfand Nafisi for Plaintiffs. Signed by Hon. Edward J. Davila on 12/17/2014.(ecg, COURT STAFF) (Filed on 12/17/2014)
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19 19 order Order on Motion for Pro Hac Vice Wed 12/17 11:10 AM
Order Granting 16 Motion for Pro Hac Vice at to Attorney Gary Mason for Plaintiffs. Signed by Hon. Edward J. Davila on 12/17/2014.(ecg, COURT STAFF) (Filed on 12/17/2014)
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18 18 order Order on Stipulation Wed 12/17 10:29 AM
Order Granting 15 Stipulation Setting Briefing Schedule for Motion to Dismiss First Amended Complaint. Plaintiffs shall file their First Amended Complaint on or before December 19, 2014; Apple shall have until January 29, 2015, to file its Motion to Dismiss First Amended Complaint or otherwise respond to the Second Amended Complaint (the "Motion"); Plaintiff shall have until March 5, 2015, to file any opposition to the Motion; Apple shall have until March 19, 2015, to file any reply to the Motion; and Apple shall notice the hearing on its Motion for April 2, 2015. Signed by Hon. Edward J. Davila on 12/17/2014.(ecg, COURT STAFF) (Filed on 12/17/2014)
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Tuesday, December 16, 2014
17 17 motion Pro Hac Vice Tue 12/16 8:25 AM
MOTION for leave to appear in Pro Hac Vice of Esfand Y. Nafisi ( Filing fee $ 305, receipt number 0971-9145599.) filed by Zachary Book, Donald Cowart, John Manners.(Nafisi, Esfand) (Filed on 12/16/2014)
Related: [-]
Att: 1 Certificate of Good Standing (IL),
Att: 2 Certificate of Good Standing (NY)
16 16 motion Pro Hac Vice Tue 12/16 7:36 AM
MOTION for leave to appear in Pro Hac Vice of Gary E. Mason ( Filing fee $ 305, receipt number 0971-9145466.) filed by Zachary Book, Donald Cowart, John Manners.(Mason, Gary) (Filed on 12/16/2014)
Related: [-]
Att: 1 Certificate of Good Standing (MD),
Att: 2 Certificate of Good Standing (NY),
Att: 3 Certificate of Good Standing (DC)
Monday, December 15, 2014
15 15 5 pgs motion Stipulation and Proposed Order Mon 12/15 3:59 PM
STIPULATION WITH PROPOSED ORDER (JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS FIRST AMENDED COMPLAINT UNDER L.R. 6-2) filed by Apple, Inc..(Powers, Matthew) (Filed on 12/15/2014)
Related: [-]
Att: 1 Declaration of Matthew D. Powers in Support
14 14 oth_evt Clerk's Notice Mon 12/15 11:42 AM
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT FROM MAGISTRATE JUDGE. Joint Case Management Statement due by 2/26/2015. Case Management Conference set for 3/5/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Any deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/ejdorders This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 12/15/2014)
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13 13 order Order Reassigning Case ~Util - Case Assigned/Reassigned Mon 12/15 9:03 AM
ORDER REASSIGNING CASE. Case randomly reassigned to Hon. Edward J. Davila for all further proceedings re 12 Order of Recusal. Hon. Beth Labson Freeman no longer assigned to the case. Magistrate Judge Cousins remains as referral judge assigned to case. Reassignment Order signed by Executive Committee on 12/15/2014. (bwS, COURT STAFF) (Filed on 12/15/2014)
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12 12 order Order of Recusal Mon 12/15 8:31 AM
ORDER OF RECUSAL. Signed by Judge Beth Labson Freeman on 12/15/2014. (blflc3S, COURT STAFF) (Filed on 12/15/2014)
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Friday, December 12, 2014
11 11 order Order Reassigning Case ~Util - Case Assigned/Reassigned Fri 12/12 2:56 PM
ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Nathanael M. Cousins remains as the referral judge assigned to the case. Reassignment Order signed by Executive Committee on 12/12/2014. (bwS, COURT STAFF) (Filed on 12/12/2014)
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10 10 oth_evt Clerk's Notice of Impending Reassignment - Text Only Fri 12/12 1:50 PM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/12/2014)
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9 9 misc Consent/Declination to Proceed Before a US Magistrate Judge Fri 12/12 12:55 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple, Inc... (Powers, Matthew) (Filed on 12/12/2014)
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Tuesday, November 11, 2014
8 8 Certificate of Interested Entities by Apple, Inc. (Powers, Matthew) (Filed on 11/11/2014)
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7 7 STIPULATION re1 Complaint, (JOINT STIPULATION UNDER L.R. 6-1(a) EXTENDING DEFENDANTS TIME TO RESPOND TO COMPLAINT) filed by Apple, Inc.. (Powers, Matthew) (Filed on 11/11/2014)
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Thursday, October 30, 2014
6 6 CERTIFICATE OF SERVICE by Zachary Book, Donald Cowart, John Manners (Ram, Michael) (Filed on 10/30/2014)
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Tuesday, October 28, 2014
5 5 Summons Issued as to Apple, Inc. (srmS, COURT STAFF) (Filed on 10/28/2014)
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4 4 Proposed Summons. (Ram, Michael) (Filed on 10/28/2014)
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3 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/21/2015. Case Management Conference set for 1/28/2015 10:00 AM at the US District Court, 280 S. First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 10/28/14. (srmS, COURT STAFF) (Filed on 10/28/2014)
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Monday, October 27, 2014
2 2 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. (sv, COURT STAFF) (Filed on 10/27/2014)
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Friday, October 24, 2014
1 1 45 pgs CLASS ACTION COMPLAINT against Apple, Inc. ( Filing fee $ 400, receipt number 0971-9022249.). Filed byZachary Book, John Manners, Donald Cowart.(Ram, Michael) (Filed on 10/24/2014) Modified on 10/28/2014 (srmS, COURT STAFF).
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Att: 1 Civil Cover Sheet