Jennifer Red v. General Mills Inc et al
| Jennifer Red |
| General Mills Inc and General Mills Sales Inc |
| 2:2015cv02232 |
| March 25, 2015 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Otis D Wright |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 57 STATUS REPORT filed by Plaintiff Jennifer Red. (Weston, Gregory) |
Filing 56
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 17, 2018, the Court stayed the instant case pending resolution of three cases before the Court of Appeals for the Ninth Circuit: Hawkins v. The Kroger Company; Hawkins v.Advance Pierre Foods, Inc.; and McGee v. Diamond Foods, Inc. (Order, ECF No. 55.) additionally, the Court directed the Plaintiff to voluntarily dismiss her claims if the decisions rendered in the appealed cases barred her existing claims. Moreover, the Court ordered Plaintiff to file a status report informing the Court if any of the plaintiff-appellants prevail. (Id.) To date, the Ninth Circuit issued mandates in Hawkins v. The Kroger Company, and Hawkins v. AdvancePierre Foods Inc. Plaintiffs-appellants prevailed in the former case butdid not in the latter. McGee v. Diamond Foods, Inc. is still pending.Plaintiff did not file a status report following the Ninth Circuits mandate in Hawkins v. The Kroger Company, as directed by the Court. Accordingly, the Court reminds Plaintiff of its existing obligation, which shall remain in effect, and hereby ORDERS the Plaintiffs to file a status report, no later than Monday, February 11, 2019, explaining why a status report was not iled following the Ninth Circuits mandate in Hawkins v. The Kroger Company. (lc)
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Filing 55
ORDER STAYING CASE PENDING DECISIONS BY THE NINTH CIRCUIT #53 by Judge Otis D. Wright, II: this action is hereby stayed pending the Ninth Circuits decisions inHawkins v. The Kroger Company, 9th Cir. Case No. 16-55532, Hawkins v.AdvancePierre Foods, Inc., 9th Cir. Case No. 16-56697, and McGee v. Diamond Foods, Inc., 9th Cir. Case No. 17-55577. Plaintiff is directed to voluntarily dismiss her claims in this action should any of them bar her claims. To the extent the plaintiff-appellants in any of these cases prevails, Plaintiff is directed to file a status report informing the Court, and should she wish to file an amended complaint, do so within 30 days of the issuance of mandate in the decision. (lc)
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| Filing 54 STATUS REPORT filed by Defendants General Mills Inc, General Mills Sales Inc. (Sipos, Charles) |
| Filing 53 STATUS REPORT re Primary Jurisdiction Stay filed by Plaintiff Jennifer Red. (Attachments: #1 Proposed Order Staying Case Pending Decisions by the Ninth Circuit)(Weston, Gregory) |
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Filing 52
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On December 29, 2015, the Court stayed this action pending the FDAs determination of the food additive status of PHOs. (ECF No. 46.) The Court also ordered Defendant to notifythe Court once the FDA made a decision. Nearly two years have passed since the stay went into effect. Therefore, the Court ORDERS the parties to submit a report regarding the status of the FDAs determination regarding PHOs, if any, no later than January 17, 2018. Failure to comply with this Order may result in dismissal of this action without further warning. (lc)
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| Filing 51 Effective August 7, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 690 on the 6th Floor, located at 255 East Temple Street, Los Angeles, California 90012. All court appearances shall be made in Courtroom 690 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mailbox located outside the Clerk's Office on the 12th Floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 50 Effective March 13, 2017, Judge Jean P. Rosenbluth will be located at the Edward R. Roybal Federal Building, COURTROOM 680 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 680 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 1st floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 49 NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney Paul K Joseph counsel for Plaintiff Jennifer Red. Paul K. Joseph is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Jennifer Red. (Joseph, Paul) |
| Filing 47 Notice of Electronic Filing re Order on Motion to Dismiss #46 e-mailed to Attorney Paul K Joseph at paul@westonfirm.com bounced due to invalid email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to Paul@pauljosephlaw.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY |
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Filing 46
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND TO STAY #22 by Judge Otis D. Wright, II: The Court GRANTS Defendants' Motion to Dismiss with LEAVE TO AMEND. (ECF. No. 29.) Furthermore, the Court hereby STAYS this acxtion pending the FDA's determination of the food additive status of PHOs. Defendants' counsel shall notify the Court once the FDA has made its determination, after which Plaintiff may amend here Complaint consistent with this Order and proceed with the remainder of the litigation. Alternatively, if Plaintiff does not wish to amend her Complaint, the parties may submit a proposed judgment to the Court. See Order For Further Specifics. (bp)
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| Filing 45 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes re case assigned to Judge Dean D. Pregerson #44 was docketed on this case in error, error, should have been under EDCV 15-02232 DDP (KKx)ADAME vs COMTRAK . (lc) Modified on 11/13/2015 (lc). |
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INSTRUCTIONS). (lc) Modified on 11/13/2015 (lc).(DOCKETED ON THIS CASE IN ERROR)
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| Filing 43 SUPPLEMENT to MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 Defendants' Second Notice of Supplemental Authority in Support of Motion to Dismiss First Amended Complaint filed by Defendants General Mills Inc, General Mills Sales Inc. (Biderman, David) |
| Filing 42 SUPPLEMENT to MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 Notice of Supplemental Authority in Support of Motion to Dismiss First Amended Complaint filed by Defendants General Mills Inc, General Mills Sales Inc. (Biderman, David) |
| Filing 41 NOTICE of Change of address by Jacqueline E Young attorney for Defendants General Mills Inc, General Mills Sales Inc. Changing attorneys address to Jacqueline E. Young, Perkins Coie LLP, 505 Howard Street, Ste. 1000, San Francisco CA 94105. Filed by Defendants General Mills Inc, General Mills Sales Inc. (Young, Jacqueline) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #39 . The following error(s) was found: Other error(s) with document(s) are specified below In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) |
| Filing 39 (Persinger, Melanie) |
| Filing 38 NOTICE of Appearance filed by attorney David Elliot on behalf of Plaintiff Jennifer Red (Attorney David Elliot added to party Jennifer Red(pty:pla))(Elliot, David) |
| Filing 37 TRANSCRIPT ORDER as to defendant General Mills Inc, General Mills Sales Inc Court Reporter. Court will contact Jacqueline Young at jyoung@perkinscoie.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 07/20/2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Young, Jacqueline) |
| Filing 36 MINUTES OF Motion Hearing held before Judge Otis D. Wright, II: RE MOTION to Dismiss First Amended Complaint #22 . The Court hears oral argument from counsel.The matter is submitted. An order will issue.Court Reporter: Debra Read. (lc) |
| Filing 35 NOTICE of Supplemental Authority in Support of Plaintiff's Opposition to Motion to Dismiss filed by Plaintiff Jennifer Red. (Attachments: #1 Exhibit A)(Weston, Gregory) |
| Filing 34 SUPPLEMENT to MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 Defendants' Supplemental Briefing Regarding Primary Jurisdiction filed by Defendants General Mills Inc, General Mills Sales Inc. (Attachments: #1 Declaration of Charles C. Sipos, #2 Proposed Order Granting Motion to Dismiss First Amended Complaint on Primary Jurisdiction Grounds)(Sipos, Charles) |
| Filing 33 SUPPLEMENT to MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 Plaintiff's Supplemental Brief in Support of Opposition to Motion to Dismiss filed by Plaintiff Jennifer Red. (Weston, Gregory) |
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Filing 32
ORDER GRANTING PLAINTIFFS EX PARTE MOTION TO CONTINUE #30 THE DEADLINE TO FILE SUPPLEMENTAL BRIEFS REGARDING PRIMARY JURISDICTION to JULY 10,2015 AND THE HEARING DATE FOR DEFENDANTS MOTION TO DISMISS TO JULY 20, 2015 AT 1:30PM #22 by Judge Otis D. Wright II. (lc)
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| Filing 31 OPPOSITION re: EX PARTE APPLICATION to Continue Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, #29 #30 filed by Defendants General Mills Inc, General Mills Sales Inc. (Biderman, David) |
| Filing 30 EX PARTE APPLICATION to Continue Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,, #29 filed by Plaintiff Jennifer Red. (Attachments: #1 Declaration of Gregory S. Weston and Ex. A thereto, #2 Proposed Order Granting Motion to Continue)(Weston, Gregory) |
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Filing 29
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In light of Syntek Semiconductor Co. v. Microchip Technology, Inc., 307 F.3d 775, 780 n.2 (9th Cir. 2002), the Court orders both parties to file supplemental briefing onwhether the Court should dismiss this case pursuant to the doctrine of primary jurisdiction. Supplemental briefing, not to exceed ten pages, shall be filed no later than Friday, June 12, 2015. The Court hereby STRIKES DE 28. The Court will hear arguments on the supplemental briefing and Defendant's Motion to Dismiss (DE 22) on Monday, June 22, 2015 at 1:30 pm. (shb)
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Filing 28
[DOCUMENT STRICKEN PURSUANT TO MINUTE ORDER E-FILED 6/3/2015] - MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Hearing on MOTION to Dismiss First Amended Complaint #22 , scheduled for June 1, 2015 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary.The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) Modified on 6/3/2015 (shb).
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| Filing 27 REPLY In Support of MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 filed by Defendants General Mills Inc, General Mills Sales Inc. (Biderman, David) |
| Filing 26 OPPOSITION to MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 filed by Plaintiff Jennifer Red. (Weston, Gregory) |
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Filing 25
ORDER GRANTING JOINT UNOPPOSED EX PARTE MOTION TO CONTINUE PLAINTIFFSDEADLINE TO FILE HER MOTION FOR CLASS CERTIFICATION #24 by Judge Otis D. Wright, II: The deadline for Plaintiff to file her Motion for Class Certification is continued until the setting of a Case Scheduling Conference by this Court, and based upon a briefing schedule to be proposed by the parties in their associated Scheduling Conference Report. (lc)
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| Filing 24 Joint EX PARTE APPLICATION to Continue Plaintiff's deadline to file her motion for class certification filed by Plaintiff Jennifer Red. (Attachments: #1 Proposed Order Granting Joint Unopposed Ex Parte Motion to Continue Plaintiff's Deadline to File Her Motion for Class Certification)(Weston, Gregory) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities #22 filed by Defendants General Mills Inc, General Mills Sales Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Appendix 1)(Biderman, David) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint and Memorandum of Points and Authorities filed by Defendants General Mills Inc, General Mills Sales Inc. Motion set for hearing on 6/1/2015 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order)(Biderman, David) |
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Filing 21
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Otis D. Wright, II: granting #15 Application to Appear Pro Hac Vice by Attorney Charles C. Sipos on behalf of Defendants General Mills Inc and for General Mills Sales Inc, designating David T. Biderman as local counsel. (lt)
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Filing 20
MINUTE IN CHAMBERS ORDER by Judge Otis D. Wright, II: COUNSEL ARE NOTIFIED, "In light of Plaintiff's First Amended Complaint (DE 19), the MOTION to Dismiss Case #16 , is hereby MOOT. (shb)
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| Filing 19 FIRST AMENDED COMPLAINT All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Jennifer Red (Weston, Gregory) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Charles Christian Sipos to Appear Pro Hac Vice (PHV FEE NOT PAID.) #15 . The following error(s) was found: Other error(s) with document(s) are specified below: Local counsel does not maintain an office within the District. See LR 83-2.1.3.4. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 17 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case and Memorandum of Points and Authorities #16 filed by Defendants General Mills Inc, General Mills Sales Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Appendix 1)(Biderman, David) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points and Authorities filed by Defendants General Mills Inc, General Mills Sales Inc. Motion set for hearing on 5/18/2015 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order)(Biderman, David) |
| Filing 15 APPLICATION for attorney Charles Christian Sipos to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants General Mills Inc, General Mills Sales Inc. (Attachments: #1 Proposed Order Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Biderman, David) |
| Filing 14 NOTICE of Appearance filed by attorney Jacqueline E Young on behalf of Defendants General Mills Inc, General Mills Sales Inc (Attorney Jacqueline E Young added to party General Mills Inc(pty:dft), Attorney Jacqueline E Young added to party General Mills Sales Inc(pty:dft))(Young, Jacqueline) |
| Filing 13 Defendants' CERTIFICATE of Interested Parties filed by Defendants General Mills Inc, General Mills Sales Inc, (Biderman, David) |
| Filing 12 NOTICE of Appearance filed by attorney David T Biderman on behalf of Defendants General Mills Inc, General Mills Sales Inc (Attorney David T Biderman added to party General Mills Inc(pty:dft), Attorney David T Biderman added to party General Mills Sales Inc(pty:dft))(Biderman, David) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; AND REFER TO JUDGES PROCEDURES AND SCHEDULES FOR DETAILED INSTRUCTIONS RE SUBMISSION OF SEALED DOCUMENTS, EXCLUDING THOSE SUBMITTED BY PRO SE PARTIES AND IN CAMERA FILINGS). (lc)
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| Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Errata #2 . The following error(s) was found: Incorrect event selected. Correct event to be use is: Errata - under Category - Miscellaneous Filings (Other Documents). Notice (other) event utilized in docketing this filing. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: (1) Incorrect document is attached to the docket entry; (2) Attachments No. #1 Civil Cover Sheet, No. #2 Summons and No. #3 Summons should not have been attached to Docket Entry No. #1. Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (jp) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant General Mills Sales Inc. (jp) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant General Mills Inc. (jp) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jean P. Rosenbluth. (jp) |
| Filing 4 NOTICE of Appearance filed by attorney Melanie Rae Persinger on behalf of Plaintiff Jennifer Red (Attorney Melanie Rae Persinger added to party Jennifer Red(pty:pla))(Persinger, Melanie) |
| Filing 3 NOTICE of Appearance filed by attorney Paul K Joseph on behalf of Plaintiff Jennifer Red (Attorney Paul K Joseph added to party Jennifer Red(pty:pla))(Joseph, Paul) |
| Filing 2 NOTICE of Errata filed by Plaintiff Jennifer Red. (Attachments: #1 Corrected Complaint)(Weston, Gregory) |
| Filing 1 COMPLAINT Receipt No: 0973-15437575 - Fee: $400, filed by Plaintiff Jennifer Red. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Attorney Gregory S Weston added to party Jennifer Red(pty:pla))(Weston, Gregory) |
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