Amy et al v. Apple Inc

5:24-cv-08832 | California Northern District Court

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Division San Jose
Judge Judge Eumi K Lee
Filed Dec. 7, 2024
Case Flags ADRMOP
Magistrate Magistrate Judge Virginia K. DeMarchi
Nature of Suit 890 Statutory Actions - Other
Cause Civil Miscellaneous Case
Jury Demand Plaintiff
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Upcoming Events
2 Weeks
  • 4/16/2025
Case Management Statement due by 4/16/2025.
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2 Weeks
  • 4/17/2025
Reply due by 4/17/2025.
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3 Weeks
  • 4/28/2025
A list of names and emails must be sent to the CRD at no later than April 28, 2025 at 5:00PM PT.General Order 58.
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4 Weeks
  • 4/30/2025
Initial Case Management Conference set for 4/30/2025 at 01:30 PM before Judge Eumi K. Lee.
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Filing Date # Docket Text
3/21/2025Order
3/11/2025Order on Stipulation
3/3/2025Stipulation and Proposed Order
2/24/2025Clerks Notice ADI
2/7/2025Dismiss
2/6/2025Order on Motion for Pro Hac Vice
2/6/2025Pro Hac Vice
1/9/202541CLERK'S NOTICE RESETTING CASE MANAGEMENT DEADLINES FOLLOWING REASSIGNMENT. Case Management Statement due by 4/16/2025. Initial Case Management Conference set for 4/30/2025 at 01:30 PM before Judge Eumi K. Lee. This proceeding will be held via a Zoom meeting.

Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at eklcrd@cand.uscourts.gov no later than April 28, 2025 at 5:00PM PT.

General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Filed on 1/9/2025) (Entered: 01/09/2025)
1/9/2025Clerk's Notice Setting Zoom Hearing
1/9/2025ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Eumi K Lee for all further proceedings. Judge Beth Labson Freeman no longer assigned to case. (smc, COURT STAFF) (Filed on 1/9/2025) (Entered: 01/09/2025)
1/8/2025 ORDER OF RECUSAL. Signed by Judge Beth Labson Freeman on 1/8/2025. (blflc3, COURT STAFF) (Filed on 1/8/2025) (Entered: 1/8/2025) (Entered: 01/08/2025)
1/7/202537CLERK'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 either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (amk, COURT STAFF) (Filed on 1/7/2025) (Entered: 01/07/2025)

1/7/2025ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Magistrate Judge Virginia K. DeMarchi no longer assigned to case, except for discovery purposes.

Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: # 1 Notice of Eligibility for Video Recording)(smc, COURT STAFF) (Filed on 1/7/2025) (Entered: 01/07/2025)

1/7/2025Clerk's Notice of Impending Reassignment - Text Only
1/7/2025CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Chaput, Isaac) (Filed on 1/7/2025) (Entered: 01/07/2025)
1/3/2025ORDER by Judge Virginia K. DeMarchi granting 34 Motion for Pro Hac Vice for Helene M. Weiss. (sfb, COURT STAFF) (Filed on 1/3/2025) (Entered: 01/03/2025)
1/2/2025 MOTION for leave to appear in Pro Hac Vice by Helene Weiss ( Filing fee $ 328, receipt number ACANDC-20189165.) filed by Amy. (Attachments: # 1 Certificate of Good Standing)(Weiss, Helene) (Filed on 1/2/2025) (Entered: 01/02/2025)
12/30/2024STIPULATION AND ORDER re 31 Briefing Schedule for Motion to Dismiss Complaint. Motion to dismiss due by 2/6/2025. Opposition due by 3/20/2025. Reply due by 4/17/2025. Signed by Magistrate Judge Virginia K. DeMarchi. (vkdlc2, COURT STAFF) (Filed on 12/30/2024) (Entered: 12/30/2024)
12/30/2024ORDER FILED in 5:24-cv-5107-EKL DETERMINING CASES ARE NOT RELATED. The Court determined that Case No. 24-cv-05107-EKL and Case No. 24-cv-08832-VKD are not related within the meaning of Civil Local Rule 3-12. Signed by Judge Eumi K. Lee on 12/30/2024. (lrt, COURT STAFF) (Filed on 12/30/2024) (Entered: 12/30/2024)
12/27/202429NOTICE of Appearance filed by Amy S. Heath on behalf of Apple Inc. (Heath, Amy) (Filed on 12/27/2024) (Entered: 12/27/2024)
12/27/202428NOTICE of Appearance filed by Ashley Margaret Simonsen on behalf of Apple Inc. (Simonsen, Ashley) (Filed on 12/27/2024) (Entered: 12/27/2024)
12/27/202427NOTICE of Appearance filed by Isaac Daniel Chaput on behalf of Apple Inc. (Chaput, Isaac) (Filed on 12/27/2024) (Entered: 12/27/2024)
12/27/2024Stipulated Request to Set Briefing Schedule for Motion to Dismiss filed by Apple Inc.. (Attachments: # 1 Declaration of Isaac D. Chaput)(Chaput, Isaac) (Filed on 12/27/2024) Modified on 12/30/2024 (anj, COURT STAFF). (Entered: 12/27/2024)
12/27/2024Corporate Disclosure Statement by Apple Inc. (Chaput, Isaac) (Filed on 12/27/2024) (Entered: 12/27/2024)
12/27/2024Notice of Appearance/Substitution/Change/Withdrawal of Attorney, Notice of Appearance/Substitution/Change/Withdrawal of Attorney, Notice of Appearance/Substitution/Change/Withdrawal of Attorney
12/27/2024ORDER Granting 25 Application for Admission of Attorney Pro Hac Vice for Margaret E. Mabie, Counsel for Plaintiffs'. Finding as MOOT 20 Motion for Pro Hac Vice. Signed by Judge Virginia K. DeMarchi on 12/27/2024. (amk, COURT STAFF) (Filed on 12/27/2024) (Entered: 12/27/2024)
12/26/2024Second MOTION for leave to appear in Pro Hac Vice by Margaret E. Mabie ( Filing fee $ 328, receipt number ACANDC-20168217.) Filing fee previously paid on 12-23-2024 filed by Amy, Jessica. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Mabie, Margaret) (Filed on 12/26/2024) (Entered: 12/26/2024)
12/26/2024ORDER Granting 23 Application for Admission of Attorney for Pro Hac Vice for James R. Marsh, Counsel for Plaintiffs'. Finding as MOOT 21 Motion for Pro Hac Vice. Signed by Judge Virginia K. DeMarchi on 12/26/2024. (amk, COURT STAFF) (Filed on 12/26/2024) (Entered: 12/26/2024)
12/24/2024Second MOTION for leave to appear in Pro Hac Vice by James R Marsh ( Filing fee $ 328, receipt number ACANDC-20168318.) Filing fee previously paid on 12-23-2024 filed by Amy, Jessica. (Attachments: # 1 Exhibit Certificate of Good Standing)(Marsh, James) (Filed on 12/24/2024) (Entered: 12/24/2024)
12/23/2024Electronic filing error. Incorrect PDF attached. The Certificate of Good Standing must be dated no more than one year prior to the date of application for admission. The Attached Certificate is dated October 30, 2023 which is more than one year.[err201]

This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 21 MOTION for leave to appear in Pro Hac Vice James R. Marsh ( Filing fee $ 328, receipt number ACANDC-20168318.) filed by Jessica, Amy (sfb, COURT STAFF) (Filed on 12/23/2024) (Entered: 12/23/2024)

12/23/2024Electronic filing error. Incorrect PDF attached.The Certificate of Good Standing must be dated no more than one year prior to the date of application for admission. The Certificate attached is dated June 13, 2023 which is more than 1 year. [err201]

This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 20 MOTION for leave to appear in Pro Hac Vice Margaret E. Mabie ( Filing fee $ 328, receipt number ACANDC-20168217.) filed by Jessica, Amy (sfb, COURT STAFF) (Filed on 12/23/2024) (Entered: 12/23/2024)

12/23/2024Electronic filing error. [err102]

Certificate of Service e-filed separately and not as an attachment, requires a title page. Please refer to Civil Local Rules 3-4 regarding first page requirement.

This filing will not be processed by the clerks office.

Re: 18 Certificate of Service filed by Jessica, Amy (anj, COURT STAFF) (Filed on 12/23/2024) (Entered: 12/23/2024)

12/20/2024SUMMONS Returned Executed by Jessica, Amy. Jessica served on 12/19/2024, answer due 1/9/2025; Apple Inc. served on 12/19/2024, answer due 1/9/2025. (Marsh, James) (Filed on 12/20/2024) (Entered: 12/20/2024)
12/20/2024 MOTION for leave to appear in Pro Hac Vice James R. Marsh ( Filing fee $ 328, receipt number ACANDC-20168318.) filed by Amy, Jessica. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Marsh, James) (Filed on 12/20/2024) (Entered: 12/20/2024)
12/20/2024 MOTION for leave to appear in Pro Hac Vice Margaret E. Mabie ( Filing fee $ 328, receipt number ACANDC-20168217.) filed by Amy, Jessica. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Mabie, Margaret) (Filed on 12/20/2024) (Entered: 12/20/2024)
12/20/2024CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Amy, Jessica.. (Liberty, Micha) (Filed on 12/20/2024) (Entered: 12/20/2024)
12/20/2024CERTIFICATE OF SERVICE by Amy, Jessica of mailing all documents filed to date on docket on defendant APPLE, Inc., (Mabie, Margaret) (Filed on 12/20/2024) Modified on 12/23/2024 (anj, COURT STAFF). (Entered: 12/20/2024)
12/20/2024CERTIFICATE OF SERVICE by Amy, Jessica Proof of Service of Complaint, Summons and Civil Cover Sheet (Mabie, Margaret) (Filed on 12/20/2024) Modified on 12/23/2024 (anj, COURT STAFF). (Entered: 12/20/2024)
12/16/2024Summons Issued as to Apple Inc.. (anj, COURT STAFF) (Filed on 12/16/2024) (Entered: 12/16/2024)
12/13/202414CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 3/4/2025. Initial Case Management Conference set for 3/11/2025 at 1:30 PM in San Jose, Courtroom 2, 5th Floor before Judge Virginia K. DeMarchi.
All other deadlines remain unchanged. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/vkdorders.

(This is a text-only entry generated by the court. There is no document associated with this entry.)(amk, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/13/2024)

12/13/2024Proposed Summons. (Marsh, James) (Filed on 12/13/2024) (Entered: 12/13/2024)
12/13/2024~Util - Set Motion and Deadlines/Hearings, Clerk's Notice
12/12/2024ORDER Granting 11 Application for Admission of Attorney Pro Hac Vice for Hillary Mara Nappi, Counsel for Plaintiffs. Signed by Judge Virginia K. DeMarchi on 12/12/2024. (amk, COURT STAFF) (Filed on 12/12/2024) (Entered: 12/12/2024)
12/12/2024ORDER Granting 7 Application for Admission of Attorney Pro Hac Vice for Frank R. Schirripa, Counsel for Plaintiffs'. Signed by Judge Virginia K. DeMarchi on 12/12/2024. (amk, COURT STAFF) (Filed on 12/12/2024) (Entered: 12/12/2024)
12/11/2024 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20131952.) filed by Amy, Jessica. (Attachments: # 1 Exhibit Certificate of Good Standing)(Nappi, Hillary) (Filed on 12/11/2024) (Entered: 12/11/2024)
12/11/2024ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Virginia K. DeMarchi for all further proceedings. Magistrate Judge Susan van Keulen no longer assigned to case. (smc, COURT STAFF) (Filed on 12/11/2024) (Entered: 12/11/2024)
12/10/2024ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 12/10/2024. (svklc1, COURT STAFF) (Filed on 12/10/2024) (Entered: 12/10/2024)
12/10/20246NOTICE of Appearance filed by Frank Rocco Schirripa on behalf of Amy, Jessica (Schirripa, Frank) (Filed on 12/10/2024) (Entered: 12/10/2024)
12/10/20244Case assigned to Magistrate Judge Susan van Keulen.

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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/24/2024. (kxo, COURT STAFF) (Filed on 12/10/2024) (Entered: 12/10/2024)

12/10/2024POSTED IN ERROR. PLEASE DISREGARDORDER by Judge Susan van Keulen granting 7 Motion for Pro Hac Vice for Frank R. Schirripa. (sfb, COURT STAFF) (Filed on 12/10/2024) Modified on 12/10/2024 (sfb, COURT STAFF). (Entered: 12/10/2024)
12/10/2024 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20128134.) filed by Amy, Jessica. (Attachments: # 1 Certificate of Good Standing)(Schirripa, Frank) (Filed on 12/10/2024) Modified on 12/10/2024 (sfb, COURT STAFF). (Entered: 12/10/2024)
12/10/2024Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/4/2025. Initial Case Management Conference set for 3/11/2025 09:30 AM in San Jose, - Videoconference Only. (anj, COURT STAFF) (Filed on 12/10/2024) (Entered: 12/10/2024)
12/10/2024~Util - Case Assigned by Intake
12/9/2024Civil Cover Sheet by Amy, Jessica . (Liberty, Micha) (Filed on 12/9/2024) (Entered: 12/09/2024)
12/9/2024Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: 1 Complaint filed by Jessica, Amy (kxo, COURT STAFF) (Filed on 12/9/2024) (Entered: 12/09/2024)
12/8/2024 MOTION for Protective Order to Proceed using Pseudonyms filed by Amy, Jessica. Responses due by 12/23/2024. Replies due by 12/30/2024. (Attachments: # 1 Declaration of James R. Marsh in Support of Motion)(Liberty, Micha) (Filed on 12/8/2024) (Entered: 12/08/2024)
12/7/2024COMPLAINT with Jury Demand (No Process) against All Defendants ( Filing fee $ 405, receipt number ACANDC-20120702.). Filed by Jessica, Amy. (Liberty, Micha) (Filed on 12/7/2024) Modified on 12/10/2024 (anj, COURT STAFF). (Entered: 12/07/2024)