This case was last updated from U.S. District Courts on 11/13/2021 at 07:48:33 (UTC).

Almeida v. Apple, Inc.

Case Summary

On September 14, 2021, Nestor Almeida (“Plaintiff”), on behalf of himself and all others similarly situated, represented by L. Timothy Fisher of Bursor & Fisher, P.A., filed a class action lawsuit against Apple, Inc. (“Apple” or “Defendant”), seeking damages along with prejudgement and post-judgement interests, among other reliefs, for the alleged fraudulent concealment and misrepresentation of the Defendant’s product. This case was filed in U.S. District Court in the Northern District of California with Judge Susan Van Keulen presiding. 

In the complaint, the Plaintiff alleged that, “M1 MacBook is defective, as the screens are extraordinarily fragile, cracking, blacking out, or showing magenta, purple and blue lines and squares, or otherwise ceasing to function altogether (the “Defect”). Thousands of users from across the globe have reported this issue directly to Apple and on Apple sponsored forums. Nonetheless, consumers who have attempted to secure replacements or repairs have been rebuffed by Apple, often forced to pay out of pocket upwards of between $600 and $850 for repairs themselves or to secure replacements without Apple’s assistance. Others who have secured repairs or replacements from Apple have quickly experienced the problem reappearing on the repaired or replaced laptop.”

The Plaintiff further alleged that, “Apple intentionally suppressed and concealed material facts about the performance and quality of the M1 MacBook. As alleged herein, Apple knew that the M1 MacBook screen is defective. Further, Apple was aware of numerous consumer complaints concerning defect-related problems, but never disclosed the defect to Plaintiff and Class members” and “Apple had a duty to disclose the Defect because the Defect is material and Apple possessed exclusive knowledge of it. Apple conducted pre-release testing of the M1 MacBook and its internal components. This testing would have revealed the existence of the Defect before the M1 Macbook’s release. Only Apple had access to those test results.”

The Plaintiff also alleged that, “When deciding to purchase a MacBook, Plaintiff and Class members reasonably relied to their detriment upon Apple’s material misrepresentations and omissions regarding the quality of the M1 MacBook and the absence of a product defect” and “Plaintiff and Class members sustained damages as a direct and proximate result of Apple’s deceit and fraudulent concealment.”

There are five claims of relief laid down by the Plaintiff and the class members. The first claim is for alleged fraudulent concealment on behalf of the class and subclass. The second claim is for alleged violations of the New Jersey Consumer Fraud Act, N.J. Stat. Ann. § 56:8-1, et seq. (“NJCFA”) on behalf of the class and subclass. The third and fourth claims are for alleged breach of express warranty, N.J. Stat. Ann. § 12A:2-313 and alleged breach of implied warranty, N.J. Stat. Ann. § 12A:2-314, respectively, on behalf of the class and subclass. The fifth claim is for alleged breach of contract or common law warranty on behalf of the class and subclass.

In its prayer for relief, the Plaintiff requested the Court certify this action as a class action and award all actual, general, special, incidental, statutory, punitive, and consequential damages and/or restitution to which Plaintiff and Class members are entitled. Further, the Plaintiff requested the Court for appropriate equitable relief and prejudgement and post-judgement interest along with reasonable attorney’s fees and costs and any other relief the Court deems just and proper.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-07109

  • Filing Date:

    09/14/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

Judge Details

Presiding Judge

Vince Chhabria

 

Party Details

Plaintiffs

Nestor Almeida

Scott Seveland

Dan Henderson

Handy Colindrez

Patricia Medberry

Maritza Angeles

Patrice Sherman

William West-Davis

Adelina LaVecchia

Tim Inselmann

Consolidated Plaintiffs

Daphne Pareas

Daniel Friend

Defendant

Apple, Inc.

Consolidated Defendant

Apple Computer Inc.

Attorney/Law Firm Details

Plaintiff and Consolidated Plaintiff Attorneys

L. Timothy Fisher

Sean L. Litteral

Jason Samual Rathod

Nicholas A. Migliaccio

Robert Allen Mackey

Selin Demir

Defendant and Consolidated Defendant Attorney

David Ramraj Singh

 

Court Documents

#17

(#17) AMENDED COMPLAINT Consolidated Class Action Complaint against Apple, Inc.. Filed byNestor Almeida, Daniel Friend, Daphne Pareas, Scott Seveland, Dan Henderson, Handy Colindrez, Patricia Medberry, Maritza Angeles, Patrice Sherman, William West-Davis, Adelina LaVecchia, Tim Inselmann. (Fisher, L.) (Filed on 11/5/2021) (Entered: 11/05/2021)

#15

(#15) Order by Judge Vince Chhabria granting (13) Stipulation to Consolidate Actions and Setting Briefing Schedule and Expanding Page Limits. Associated Cases: 3:21-cv-07109-VC, 3:21-cv-07112-VC (vclc2, COURT STAFF) (Filed on 10/14/2021) (Entered: 10/14/2021)

#14

(#14) Rule 7.1 Disclosures by Apple, Inc. and Civil Local Rule 3-15 Certificate of Interested Entities or Persons (Singh, David) (Filed on 10/11/2021) (Entered: 10/11/2021)

13 #1

Proposed Order

13 #13

Main Document

#12

(#12) Order by Judge Vince Chhabria granting #10 Motion to Relate Case. (vclc1S, COURT STAFF) (Filed on 9/28/2021) (Entered: 09/28/2021)

11 #1

Proposed Order

11 #11

Main Document

10 #3

Proof of Service

10 #2

Proposed Order

10 #1

Declaration of L. Timothy Fisher

10 #10

Main Document

8 #1

Notice of Eligibility for Video Recording

8 #8

Main Document

#6

(#6) ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 9/15/2021. (svklc2S, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

#5

(#5) Summons Issued as to Apple, Inc. (mclS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/14/2021. Initial Case Management Conference set for 12/21/2021 09:30 AM. (mclS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

#2

13 More Documents Available
View All Documents

 

Docket Entries

  • 11/05/2021
  • View Court Documents

  • Docket(#17) AMENDED COMPLAINT Consolidated Class Action Complaint against Apple, Inc.. Filed byNestor Almeida, Daniel Friend, Daphne Pareas, Scott Seveland, Dan Henderson, Handy Colindrez, Patricia Medberry, Maritza Angeles, Patrice Sherman, William West-Davis, Adelina LaVecchia, Tim Inselmann. (Fisher, L.) (Filed on 11/5/2021) (Entered: 11/05/2021)

    [+] Read More [-] Read Less
  • 11/01/2021

  • Docket(#16) CLERK'S NOTICE ADVANCING TIME FOR 12/15/2021 INITIAL CASE MANAGEMENT CONFERENCE. The Court's normal day and time for hearing Case Management Conferences will now be Wednesdays, at 1:00 p.m., until further notice. Initial Case Management Conference set for 12/15/2021 at 01:00 PM by Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 11/1/2021) (Entered: 11/01/2021)

    [+] Read More [-] Read Less
  • 10/14/2021
  • View Court Documents

  • Docket(#15) Order by Judge Vince Chhabria granting (13) Stipulation to Consolidate Actions and Setting Briefing Schedule and Expanding Page Limits. Associated Cases: 3:21-cv-07109-VC, 3:21-cv-07112-VC (vclc2, COURT STAFF) (Filed on 10/14/2021) (Entered: 10/14/2021)

    [+] Read More [-] Read Less
  • 10/11/2021
  • View Court Documents

  • Docket(#14) Rule 7.1 Disclosures by Apple, Inc. and Civil Local Rule 3-15 Certificate of Interested Entities or Persons (Singh, David) (Filed on 10/11/2021) (Entered: 10/11/2021)

    [+] Read More [-] Read Less
  • 10/11/2021
  • View Court Documents

  • Docket(#13) STIPULATION WITH PROPOSED ORDER to Consolidate Actions and for an Order Setting Briefing Schedule and Expanding Page Limits filed by Apple, Inc.. (Attachments: #1 Proposed Order)(Singh, David) (Filed on 10/11/2021) (Entered: 10/11/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents

  • Docket(#12) Order by Judge Vince Chhabria granting #10 Motion to Relate Case. (vclc1S, COURT STAFF) (Filed on 9/28/2021) (Entered: 09/28/2021)

    [+] Read More [-] Read Less
  • 09/28/2021
  • View Court Documents

  • Docket(#11) OPPOSITION/RESPONSE (re #10 MOTION to Relate Case ) Apple Inc.s Response in Support of Plaintiffs Administrative Motion to Consider Whether Cases Should Be Related Pursuant to Civil Local Rule 3-12 filed byApple, Inc.. (Attachments: #1 Proposed Order)(Singh, David) (Filed on 9/28/2021) (Entered: 09/28/2021)

    [+] Read More [-] Read Less
  • 09/24/2021
  • View Court Documents

  • Docket(#10) MOTION to Relate Case filed by Nestor Almeida. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order, #3 Proof of Service)(Fisher, L.) (Filed on 9/24/2021) (Entered: 09/24/2021)

    [+] Read More [-] Read Less
  • 09/16/2021

  • Docket(#9) REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 12/8/2021. Initial Case Management Conference set for 12/15/2021 at 02:00 PM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc 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 vccrd@cand.uscourts.gov no later than Thursday, December 9th, 2021, by no later than 10:00AM.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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.). (bxsS, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/16/2021)

    [+] Read More [-] Read Less
  • 09/16/2021
  • View Court Documents

  • Docket(#8) Case REASSIGNED to Judge Vince Chhabria. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/16/2021)

    [+] Read More [-] Read Less
  • 09/16/2021

  • Docket(#7) This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 9/16/2021) (Entered: 09/16/2021)

    [+] Read More [-] Read Less
  • 09/15/2021
  • View Court Documents

  • Docket(#6) ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 9/15/2021. (svklc2S, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

    [+] Read More [-] Read Less
  • 09/15/2021
  • View Court Documents

  • Docket(#5) Summons Issued as to Apple, Inc. (mclS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

    [+] Read More [-] Read Less
  • 09/15/2021
  • View Court Documents

  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/14/2021. Initial Case Management Conference set for 12/21/2021 09:30 AM. (mclS, COURT STAFF) (Filed on 9/15/2021) (Entered: 09/15/2021)

    [+] Read More [-] Read Less
  • 09/14/2021

  • Docket(#3) Case 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. 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. Consent/Declination due by 9/28/2021. (haS, COURT STAFF) (Filed on 9/14/2021) (Entered: 09/14/2021)

    [+] Read More [-] Read Less
  • 09/14/2021
  • View Court Documents

  • Docket(#2) Proposed Summons. (Fisher, L.) (Filed on 9/14/2021) (Entered: 09/14/2021)

    [+] Read More [-] Read Less
  • 09/14/2021
  • View Court Documents

  • Docket(#1) COMPLAINT against Apple, Inc. ( Filing fee $ 402, receipt number 0971-16389364.). Filed byNestor Almeida. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 9/14/2021) (Entered: 09/14/2021)

    [+] Read More [-] Read Less

Why is this public record being published online?

UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. By continuing to use this website, you agree to UniCourt’s General Disclaimer, Terms of Service, Cancellation and Refund Policy, Privacy Policy, and Public Records Policy. If you do not agree with these terms, then do not use our website and/or services.