Apicella v. Apple Inc.
| New York Eastern District Court | |
| Judge: | Orelia E Merchant |
| Referred: | James M Wicks |
| Case #: | 2:25-cv-02261 |
| Nature of Suit | 195 Contract - Contract Product Liability |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Apr 23, 2025 |
| Last checked: Wednesday Oct 22, 2025 4:00 AM EDT |
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Defendant
Apple Inc.
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Represented By
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Plaintiff
Arthur Apicella
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Represented By
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Plaintiff
Dustin Amundson
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Represented By
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GPO
Jul 06 2026
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order Apple's motion to dismiss 19 is granted in part and denied in part. Apple's motion to dismiss Plaintiff Amundson's RCW § 62A.2-314 and MMWA claims is DENIED. Apple's motion to dismiss Plaintiff Apicella's N.Y. U.C.C. § 2-314 claim, MMWA claim, Sections 349 and 350 claims, and New York common law fraud claims, Plaintiff Amundson's RCW § 62A.2-313 claim, and Plaintiffs' unjust enrichment claims is GRANTED, and such claims are dismissed with prejudice. Apple's motion to dismiss Plaintiff Amundson's WCPA and Washington common law fraud claims is GRANTED, and such claims are dismissed without prejudice. Plaintiff Amundson is granted leave to file a motion to file a second amended complaint as to the WCPA and Washington common law fraud claims only by August 5, 2026. In filing such motion, Plaintiffs shall comply with Federal Rule of Civil Procedure 15, Local Civil Rule 7.1(e), and the Court's Individual Practices and Rules, including by attaching a redlined comparison of the operative pleading and the proposed amended pleading and an explanation of why the additional facts cure the pleading's defects. Apple shall file its opposition, if any, to the proposed second amended complaint by September 4, 2026, and no reply shall be filed unless otherwise directed by the Court. Ordered by Judge Orelia E. Merchant on 7/6/2026. (IVK) |
| Docket last updated: 10/13/2026 11:59 PM EDT |
| Saturday, October 03, 2026 | ||
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order
Order on Motion to Withdraw as Attorney
Sat 10/03 6:41 AM
ORDER granting29 Motion to Withdraw as Attorney. Attorney Amey J. Park is hereby terminated as counsel of record for plaintiffs in this action. So Ordered by Magistrate Judge James M. Wicks on 10/3/2026. (Wicks, James) |
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| Friday, October 02, 2026 | ||
| 29 | 29
motion
Withdraw as Attorney
Fri 10/02 3:30 PM
MOTION to Withdraw as Attorney Amey J. Park by Dustin Amundson. (Park, Amey) |
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Att: 1
Proposed Order
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| Thursday, September 17, 2026 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Thu 09/17 10:15 AM
ORDER granting28 Motion to Adjourn Conference. In light of the representations made in ECF No. 28, the Initial Conference is rescheduled for November 2, 2026, at 9:30 AM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will e-mail the Zoom invitation closer to the conference date. All counsel must attend. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances ( see Rule § 1E). The parties shall file an updated Proposed 26(f) Scheduling Order on or before October 26, 2026 , as the one filed at ECF No. 26, includes dates that will now pass prior to the Initial Conference. So Ordered by Magistrate Judge James M. Wicks on 9/17/2026. (JAF) |
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| Wednesday, September 16, 2026 | ||
| 28 | 28
motion
Adjourn Conference
Wed 09/16 3:41 PM
Letter MOTION to Adjourn Conference : Joint Letter by Dustin Amundson. (Paul, Russell) |
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| Friday, July 31, 2026 | ||
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order
Order on Motion to Adjourn Conference 1 - Terminate Deadlines and Hearings
Fri 07/31 1:55 PM
ORDER granting27 Motion to Adjourn Conference. In light of the representations made in ECF No. 27, the Initial Conference is rescheduled for September 24, 2026, at 10:30 AM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will e-mail the Zoom invitation closer to the conference date. All counsel must attend. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances ( see Rule § 1E). So Ordered by Magistrate Judge James M. Wicks on 7/31/2026. (JAF) |
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| Thursday, July 30, 2026 | ||
| 27 | 27
motion
Adjourn Conference
Thu 07/30 6:37 PM
Letter MOTION to Adjourn Conference by Apple Inc.. (Sea, Nexus) |
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| 26 | 26
misc
Proposed Scheduling Order
Thu 07/30 6:29 PM
Proposed Scheduling Order /Rule 26(f) Proposed Scheduling Order by Apple Inc. (Sea, Nexus) |
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| Monday, July 20, 2026 | ||
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order
Order on Motion for Extension of Time to Amend
Mon 07/20 2:38 PM
ORDER: The parties' joint motion for extension of time to amend25 is granted. Plaintiff Amundson is granted leave to file a motion to file a second amended complaint as to the WCPA and Washington common law fraud claims only by September 21, 2026. In filing such motion, Plaintiffs shall comply with Federal Rule of Civil Procedure 15, Local Civil Rule 7.1(e), and the Court's Individual Practices and Rules, including by attaching a redlined comparison of the operative pleading and the proposed amended pleading and an explanation of why the additional facts cure the pleading's defects. Apple shall file its opposition, if any, to the proposed second amended complaint by November 5, 2026, and no reply shall be filed unless otherwise directed by the Court. Ordered by Judge Orelia E. Merchant on 7/20/2026. (IVK) |
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| Friday, July 17, 2026 | ||
| 25 | 25
motion
Extension of Time to Amend
Fri 07/17 4:02 PM
Joint MOTION for Extension of Time to Amend5 Amended Complaint via Stipulation and [Proposed] Order Extending Time for Plaintiffs Motion to Amend and Defendants Opposition Thereto by Dustin Amundson. (Park, Amey) |
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| Friday, July 10, 2026 | ||
| 24 | 24
order
Scheduling Order
Fri 07/10 2:54 PM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held on August 6, 2026, at 11:00 AM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will e-mail the Zoom invitation closer to the conference date. All counsel must attend. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances ( see Rule § 1E). Counsel for the parties are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court on or before July 30, 2026 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 7/10/2026. (ELR) |
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Att: 1
Proposed Rule 26(f) Scheduling Order,
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Att: 2
JMW Individual Rules
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| Monday, July 06, 2026 | ||
| 23 | 23
24
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 07/06 10:32 AM
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order Apple's motion to dismiss19 is granted in part and denied in part. Apple's motion to dismiss Plaintiff Amundson's RCW § 62A.2-314 and MMWA claims is DENIED. Apple's motion to dismiss Plaintiff Apicella's N.Y. U.C.C. § 2-314 claim, MMWA claim, Sections 349 and 350 claims, and New York common law fraud claims, Plaintiff Amundson's RCW § 62A.2-313 claim, and Plaintiffs' unjust enrichment claims is GRANTED, and such claims are dismissed with prejudice. Apple's motion to dismiss Plaintiff Amundson's WCPA and Washington common law fraud claims is GRANTED, and such claims are dismissed without prejudice. Plaintiff Amundson is granted leave to file a motion to file a second amended complaint as to the WCPA and Washington common law fraud claims only by August 5, 2026. In filing such motion, Plaintiffs shall comply with Federal Rule of Civil Procedure 15, Local Civil Rule 7.1(e), and the Court's Individual Practices and Rules, including by attaching a redlined comparison of the operative pleading and the proposed amended pleading and an explanation of why the additional facts cure the pleading's defects. Apple shall file its opposition, if any, to the proposed second amended complaint by September 4, 2026, and no reply shall be filed unless otherwise directed by the Court. Ordered by Judge Orelia E. Merchant on 7/6/2026. (IVK) |
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| Saturday, November 08, 2025 | ||
| 22 | 22
24
pgs
respoth
Memorandum in Opposition
Sat 11/08 4:22 PM
MEMORANDUM in Opposition re19 MOTION to Dismiss for Failure to State a Claim filed by Dustin Amundson, Arthur Apicella. (Carson, Shanon) |
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| Friday, November 07, 2025 | ||
| 21 | 21
misc
Letter
Fri 11/07 9:45 PM
Letter re: Defendant Apple Inc.'s Fully Briefed Motion to Dismiss by Apple Inc. (Sea, Nexus) |
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| 20 | 20
respoth
Reply in Support
Fri 11/07 9:28 PM
REPLY in Support re19 MOTION to Dismiss for Failure to State a Claim filed by Apple Inc.. (Sea, Nexus) |
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| 19 | 19
1
pgs
motion
Dismiss for Failure to State a Claim
Fri 11/07 9:11 PM
MOTION to Dismiss for Failure to State a Claim by Apple Inc.. (Sea, Nexus) |
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Att: 1
Memorandum in Support
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| Friday, October 24, 2025 | ||
| 18 | 18
misc
Letter
Fri 10/24 11:16 PM
Letter re: Memorandum of Law in Support of Plaintiffs' Opposition to Defendant Apple Inc.'s Motion to Dismiss First Amended Complaint by Dustin Amundson, Arthur Apicella (Park, Amey) |
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| Wednesday, September 24, 2025 | ||
| 17 | 17
misc
Letter
Wed 09/24 11:16 PM
Letter Re: Defendant Apple Inc.'s Motion to Dismiss by Apple Inc. (Sea, Nexus) |
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| Thursday, August 28, 2025 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 08/28 5:38 AM
ORDER granting14 Motion for Leave to Appear Pro Hac Vice. The application of Amey J. Park is hereby granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge James M. Wicks on 8/28/2025. (JAF) |
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order
Order on Motion for Leave to Appear Pro Hac Vice
Thu 08/28 5:40 AM
ORDER granting15 Motion for Leave to Appear Pro Hac Vice. Shanon J. Carson's application is hereby granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge James M. Wicks on 8/28/2025.(JAF) |
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| Tuesday, August 26, 2025 | ||
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order
Order on Motion for Pre Motion Conference
Tue 08/26 12:48 PM
ORDER denying12 Motion for Pre-Motion Conference. The Court sets the following briefing schedule for the motion to dismiss: defendant shall serve their moving papers on plaintiffs by September 24, 2025 ; plaintiffs shall serve an opposition on October 24, 2025 ; defendant's reply, if any, is due by November 7, 2025 . As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. See Individual Rules, Section III, Part F(1). Ordered by Judge Orelia E. Merchant on 8/26/2025. (IVK) |
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| Friday, August 22, 2025 | ||
| 16 | 16
misc
Letter
Fri 08/22 9:43 PM
Letter Opposing Defendant Apple's Motion for Pre-Motion Conference (ECF No. 12) by Dustin Amundson, Arthur Apicella (Paul, Russell) |
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| Wednesday, August 20, 2025 | ||
| 15 | 15
motion
Appear Pro Hac Vice
Wed 08/20 1:21 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19367656 by Dustin Amundson, Arthur Apicella. (Carson, Shanon) |
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Att: 1
Exhibit A, Affidavit of Shanon J. Carson,
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Att: 2
Exhibit B, Certificate of Good Standing,
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Att: 3
Exhibit C, Proposed Order
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| 14 | 14
motion
Appear Pro Hac Vice
Wed 08/20 1:05 PM
MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19367604 by Dustin Amundson, Arthur Apicella. (Park, Amey) |
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Att: 1
Exhibit A, Affidavit of Amey J. Park,
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Att: 2
Exhibit B, Certificates of Good Standing,
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Att: 3
Exhibit C, Proposed Order
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order
Order(Other)
Wed 08/20 5:04 PM
ORDER. Any opposition to the Pro Hac Vice applications of Amey J. Park (ECF No.14 ) and Shanon J Carson (ECF No.15 ), is to be filed on or before August 27, 2025 . So Ordered by Magistrate Judge James M. Wicks on 8/20/2025. (JAF) |
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order
Order on Motion to Stay
Wed 08/20 5:32 PM
ORDER granting13 Motion to Stay. The parties have jointly moved for a stay of discovery pending the anticipated motion to dismiss (ECF No.12 ). ( See ECF No.13 .)"Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown." Alloway v. Bowlero Corp. , No. 2:24-CV-04738 (SJB) (JMW), 2025 WL 1220185, at *1 (E.D.N.Y. Apr. 28, 2025) (citing Hearn v. United States , No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018)). "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cty. Indus. Dev. Agency , No. 14-CV-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). The Court concludes that a stay is appropriate considering (1) the merits of the anticipated motion, (2) the fact that there is no indication that discovery is appropriate or necessary pending resolution of the motion, (3) that Plaintiff will not be prejudiced in any way during the stay. Indeed, Plaintiff has consented to a stay of discovery. (See ECF No.13 .) Accordingly, the motion to stay discovery pending the decision on the anticipated motion to dismiss is granted. The Initial Conference scheduled for this Friday, August 22, 2025, and any further discovery deadlines are adjourned sine die . So Ordered by Magistrate Judge James M. Wicks on 8/20/2025. (JAF) |
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| Tuesday, August 19, 2025 | ||
| 13 | 13
motion
Stay
Wed 08/20 12:12 AM
Letter MOTION to Stay Discovery (Unopposed) by Apple Inc.. (Sea, Nexus) |
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| Monday, August 18, 2025 | ||
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order
Order(Other)
Mon 08/18 10:45 AM
ORDER. The parties' Proposed Rule 26(f) Scheduling Order (ECF No.11 ), is deficient. As there is no stay in place nor is there a formal motion to stay discovery, the parties are to resubmit the proposed scheduling order with proposed dates on or before August 20, 2025 . So Ordered by Magistrate Judge James M. Wicks on 8/18/2025. (JAF) |
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| Friday, August 15, 2025 | ||
| 12 | 12
motion
Pre Motion Conference
Fri 08/15 10:47 PM
Letter MOTION for pre motion conference by Apple Inc.. (Sea, Nexus) |
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| 11 | 11
misc
Proposed Scheduling Order
Fri 08/15 10:16 PM
Proposed Scheduling Order / Proposed Rule 26(f) Scheduling Order by Apple Inc. (Sea, Nexus) |
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Att: 1
Joint Letter re: Discovery Plan
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| 10 | 10
misc
Corporate Disclosure Statement
Fri 08/15 9:59 PM
Corporate Disclosure Statement by Apple Inc. (Sea, Nexus) |
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| Monday, July 14, 2025 | ||
| 9 | 9
order
Scheduling Order
Mon 07/14 11:24 AM
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference will be held on August 22, 2025, at 12:00 PM before Magistrate Judge James M. Wicks via the Court's Video Zoom. The Court will e-mail the Zoom invitation closer to the conference date. All counsel must attend . Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than August 15, 2025 . Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule § 1E) . So Ordered by Magistrate Judge James M. Wicks on 7/14/2025. (ELR) |
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Att: 1
Proposed Rule 26(f) Scheduling Order,
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Att: 2
JMW Individual Rules
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| Sunday, July 13, 2025 | ||
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order
Order on Motion for Extension of Time to Answer
Sun 07/13 2:46 PM
ORDER granting8 Motion for Extension of Time to Answer. The time for Defendant to answer or otherwise move against the Amended Complaint is extended to and includes August 15, 2025 . So Ordered by Magistrate Judge James M. Wicks on 7/13/2025. (JAF) |
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| Friday, July 11, 2025 | ||
| 8 | 8
motion
Extension of Time to File Answer
Fri 07/11 10:30 PM
Letter MOTION for Extension of Time to File Answer re5 Amended Complaint by Apple Inc.. (Sea, Nexus) |
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| 7 | 7
notice
Notice of Appearance
Fri 07/11 9:15 PM
NOTICE of Appearance by Nexus Uzoma Sea on behalf of Apple Inc. (aty to be noticed) (Sea, Nexus) |
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| Thursday, June 26, 2025 | ||
| 6 | 6
service
Summons Returned Executed
Thu 06/26 9:12 AM
SUMMONS Returned Executed by Arthur Apicella, Dustin Amundson. Apple Inc. served on 6/25/2025, answer due 7/16/2025. (Carson, Shanon) |
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| Thursday, May 22, 2025 | ||
| 5 | 5
51
pgs
cmp
Amended Complaint
Thu 05/22 7:59 PM
AMENDED COMPLAINT Class Action with Jury Demand against Apple Inc., filed by Arthur Apicella, Dustin Amundson. (Paul, Russell) |
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| Thursday, April 24, 2025 | ||
| 4 | 4
service
Summons Issued
Thu 04/24 9:14 AM
Summons Issued as to Apple Inc. (LJ) |
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| 3 | 3
misc
Clerks Notice of Rule 73
Thu 04/24 9:08 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (LJ) |
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| 2 | 2
misc
Quality Control Check - Attorney Case Opening
Thu 04/24 9:01 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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utility
Case Assigned/Reassigned
Thu 04/24 9:07 AM
Case Assigned to Judge Orelia E. Merchant and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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| Wednesday, April 23, 2025 | ||
| 1 | 1
42
pgs
cmp
Complaint
Wed 04/23 10:58 PM
COMPLAINT Class Action with Jury Demand against Apple Inc. filing fee $ 405, receipt number ANYEDC-18982955 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Arthur Apicella. (Paul, Russell) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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