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: Saturday Jun 07, 2025 7:25 AM EDT |
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Defendant
Apple Inc.
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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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| Docket last updated: 09/08/2025 11:59 PM EDT |
| 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
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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