POPA v. APPLE INC.,

5:23-cv-00548 | California Northern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division San Jose
Judge Judge Edward J. Davila
Filed Feb. 7, 2023
Case Flags ADRMOP and CONSOL
Magistrate Magistrate Judge Nathanael M. Cousins
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Other Contract
Demand $75,000
Jury Demand Plaintiff
Related Case 5:22-cv-07069
Last Updated: 1 year, 11 months ago Show Interactive Timeline
Filing Date # Docket Text
3/24/2023
  • Order
ORDER GRANTING *AS MODIFIED* 59 STIPULATION TO CONSOLIDATE ACTIONS. Signed by Judge Edward J. Davila on 3/24/2023. (crr, COURT STAFF) (Filed on 3/24/2023) (Entered: 03/24/2023)
3/9/202331Minute Entry for proceedings held before Judge Edward J. Davila: Status Conference held on 3/9/2023.

Parties to confer re consolidation and leadership motions. Court will not disturb motion hearing date of June 1, 2023. Defendant Apple is relieved from its obligations to respond to individual complaints.

Further Status Conference set for 4/27/2023 at 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Status Report due by 3:00 PM on 4/20/2023.

Plaintiffs Attorneys: Timothy Fisher, Tina Wolfson, Stephen Basser, Adam Pollock, Gary Lynch, Jae Kim, Gayle Blatt, John Yanchunis, Ryan McGee, Paul Whalen, Jeff Westerman, Charles Schaffer, Jason Rathod.
Defendant Attorneys: Emily Henn, Kathryn Cahoy, Amy Heath.
Total Time in Court: 20 min (11:07-11:27 AM).
Court Reporter: Irene Rodriguez.
(This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 3/9/2023) (Entered: 03/09/2023)

3/9/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER Granting 25 Motion for Pro Hac Vice as to Hannah Barnett. Signed by Judge Edward J. Davila on 3/9/2023. (crr, COURT STAFF) (Filed on 3/9/2023) (Entered: 03/09/2023)
3/9/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER Granting 24 Motion for Pro Hac Vice as to Elizabeth Pollock-Avery. Signed by Judge Edward J. Davila on 3/9/2023. (crr, COURT STAFF) (Filed on 3/9/2023) (Entered: 03/09/2023)
3/9/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER Granting 23 Motion for Pro Hac Vice as to Gary Lynch. Signed by Judge Edward J. Davila on 3/9/2023. (crr, COURT STAFF) (Filed on 3/9/2023) (Entered: 03/09/2023)
3/9/2023*Filed in Error - See ECF No. 29 * ORDER Granting 24 Motion for Pro Hac Vice as to Elizabeth Pollock-Avery. Signed by Judge Edward J. Davila on 3/9/2023. (crr, COURT STAFF) (Filed on 3/9/2023) Modified on 3/9/2023 (crr, COURT STAFF). (Entered: 03/09/2023)
3/9/2023*Filed in Error - See ECF No. 28 * ORDER Granting 23 Motion for Pro Hac Vice as to Gary Lynch. Signed by Judge Edward J. Davila on 3/9/2023. (crr, COURT STAFF) (Filed on 3/9/2023) Modified on 3/9/2023 (crr, COURT STAFF). (Entered: 03/09/2023)
3/9/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18057185.) filed by ASHLEY POPA. (Barnett, Hannah) (Filed on 3/9/2023) (Entered: 03/09/2023)
3/9/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18057172.) filed by ASHLEY POPA. (Pollock-Avery, Elizabeth) (Filed on 3/9/2023) (Entered: 03/09/2023)
3/9/2023
  • Motion to Appear Pro Hac Viceby Π
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18057157.) filed by ASHLEY POPA. (Lynch, Gary) (Filed on 3/9/2023) (Entered: 03/09/2023)
2/23/2023NOTICE of Appearance by Amy S. Heath for Defendant Apple Inc. (Heath, Amy) (Filed on 2/23/2023) (Entered: 02/23/2023)
2/23/2023NOTICE of Appearance by Kathryn Elizabeth Cahoy for Defendant Apple Inc. (Cahoy, Kathryn) (Filed on 2/23/2023) (Entered: 02/23/2023)
2/23/2023NOTICE of Appearance by Emily Johnson Henn for Defendant Apple Inc. (Henn, Emily) (Filed on 2/23/2023) (Entered: 02/23/2023)
2/22/2023
  • Order
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 2/22/2023. (Attachments: # 1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 2/22/2023) (Entered: 02/22/2023)
2/21/202318CLERK'S NOTICE SETTING HEARING. Status Conference set for 3/9/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/21/2023) (Entered: 02/21/2023)
2/21/2023
  • Order
ORDER RELATING CASE. Related case: 5:22-cv-07069-EJD. Signed by Judge Edward J. Davila on 2/21/2023. (crr, COURT STAFF) (Filed on 2/21/2023) (Entered: 02/21/2023)
2/15/2023NOTICE of Appearance by Jae K. Kim (Kim, Jae) (Filed on 2/15/2023) (Entered: 02/15/2023)
2/7/2023CLERK'S NOTICE TO PLAINTIFF AND DEFENDANT Re: Consent or Declination. Plaintiff/Defendant shall file a consent or declination to proceed before a magistrate judge by 2/21/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms.(shy, COURT STAFF) (Filed on 2/7/2023) (Entered: 02/07/2023)
2/7/2023
  • Scheduling Order
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/5/2023. Initial Case Management Conference set for 5/12/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (hdj, COURT STAFF) (Filed on 2/7/2023) (Entered: 02/07/2023)
2/7/2023Case transferred in from District of Pennsylvania Western; Case Number 2:23-cv-00095. Original file certified copy of transfer order and docket sheet received. (Entered: 02/07/2023)
2/3/2023Case electronically transferred to District of Northern District of California. (elt) (Entered: 02/03/2023)
2/3/202312 ORDER granting 10 joint Motion to transfer venue under 28 U.S.C. § 1404(a). The parties request that this case be transferred to the Northern District of California (San Jose Div.). In light of the parties' agreements, there is no dispute that venue, personal jurisdiction and subject matter jurisdiction are proper in that District. Nor do there appear exceptional or extraordinary circumstances warranting a denial of the Motion. Accordingly, the Motion (Doc. 10 ) is GRANTED, and the case is TRANSFERRED FORTHWITH to the Northern District of California, San Jose Division. Signed by Judge Cathy Bissoon on 2/3/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kly) (Entered: 02/03/2023)
2/2/2023BRIEF in Support re 10 Motion to Transfer Case to the United States District Court for the Northern District of California filed by APPLE INC.. (Raiola, Stephen) (Entered: 02/02/2023)
2/2/2023
  • Motionby Δ
Joint MOTION to Transfer Case to the United States District Court for the Northern District of California by APPLE INC.. (Attachments: # 1 Proposed Order) (Raiola, Stephen) (Entered: 02/02/2023)
2/2/2023Stipulation for Extension of Time to Answer by APPLE INC. Answer due from APPLE INC. on 3/31/2023. (Raiola, Stephen) (Entered: 02/02/2023)
2/2/2023Disclosure Statement identifying None as corporate parent or other affiliate, by APPLE INC.. (Raiola, Stephen) (Entered: 02/02/2023)
2/2/2023NOTICE of Appearance by Stephen Francis Raiola on behalf of APPLE INC.. (Raiola, Stephen) (Entered: 02/02/2023)
2/2/2023SUMMONS/Return of Service Returned Executed by ASHLEY POPA. APPLE INC. served on 1/24/2023, answer due 2/14/2023. (Lynch, Gary) (Entered: 02/02/2023)
1/25/2023
  • Order
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 1/25/2023. (kly) (Entered: 01/25/2023)
1/24/2023 Judge Cathy Bissoon presiding. (ctb) (Entered: 01/24/2023)
1/23/20234
  • Order
TEXT ORDER OF RECUSAL. Pursuant to 28 U.S.C. 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 1/23/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar) (Entered: 01/23/2023)
1/23/2023Summons Issued as to APPLE INC. (elt) (Entered: 01/23/2023)
1/18/2023Errata re 1 Complaint against APPLE INC. by ASHLEY POPA. Reason for Correction: Incorrect document filed. (Attachments: # 1 Civil Cover Sheet) (elt) (Entered: 01/23/2023)
1/18/2023
  • Complaint
COMPLAINT against LIFE INSURANCE COMPANY OF NORTH AMERICA (Filing fee, including Administrative fee, $402, receipt number APAWDC-7494507), filed by RODNEY MENEELY. (Attachments: # 1 Civil Cover Sheet) (elt) Modified text on 1/23/2023. See Errata (elt) (Entered: 01/23/2023)