Michael Walters et al v. Costco Wholesale Co., Inc. et al
| Michael Walters, Lisa Walters, Renie Anderson, Julian Arnaud, Kristen Yolland, John Bruno, Carmen Vidal, Erik Ellis, Christina Klein-Ellis, Thomas Garratt-Nakamura, Jeffrey Kenyon, Phyllis Kenyon, Mary Beth Laychak, Andrew Odell, Diane Maurer, Duke Maurer, Nathan Rains, Chanda Rains, Cornelius Sheehan, Ramon Torres, Samantha Torres, S. T., Cynthia Yolland, George Yolland, Karen Echard, Kristina Clampitt, Joseph Collier, Debra Murphy, Kaleigh Stover, Jodi Fonville, George Fonville, Nick Gehler, Tara Gehler, E. G., Gricel Gibson, Gregory Gibson, Monica Johnston, Haeah Kim, Hoon Kim, Georgette March, Edwin March, Gary Morrisette, Patricia Morrisette, Deborah Oswald, Horst Pichler, Irene Pichler, O. P., Ed Powell, Laurie Powell, Aaron Sirles, Polly Sirles, Geoff Soza, Rita Soza, Marisa Berndt, Michael Berndt, Karl Eagan, Maureen Eagan, Richard Zigrino, Jennifer Zigrino, W. Z., Elisabeth A. Luethy, Merri Gleckler and Robert Gleckler |
| Costco Wholesale Co., Inc., Townsend Farms, Inc., Purely Pomegranate, Inc., Fallon Trading Co., Inc., United Juice Corp. and Does 1 through 100, inclusive |
| Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S. doing business as Goknur Foodstuffs Import Export Trading and Production Co., MOES and Purely Pomegranate Inc |
| 8:2014cv01176 |
| July 25, 2014 |
| US District Court for the Central District of California |
| David O Carter |
| Jay C Gandhi |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
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Filing 124
ORDER DISMISSING CIVIL CASE: The Court, having been notified by counsel for the parties that this action has been settled re Notice of Settlement #123 , hereby orders this action DISMISSED without prejudice. The Court hereby orders all proceedings in the case VACATED and taken off calendar. The Court retains jurisdiction for thirty (30) days to vacate this order and reopen the action upon showing of good cause that the settlement has not been consummated. (Made JS-6. Case Terminated.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
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| Filing 123 NOTICE of Settlement as to All Remaining Plaintiffs filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc.. (Beardsley, Austin) |
| Filing 122 NOTICE of Settlement Notice of Partial Settlement filed by Certain Plaintiffs Joseph Collier, Gregory Gibson, Gricel Gibson, Jeffrey Kenyon, Phyllis Kenyon, Debra Murphy, Deborah Oswald, Chanda Rains, Nathan Rains, Aaron Sirles, Polly Sirles, Geoff Soza, Rita Soza, S. T., Ramon Torres, Samantha Torres, Cynthia Yolland, George Yolland. (Marler, William) |
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Filing 121
ORDER by Judge David O. Carter, granting Stipulation to Continue #120 . The deadlines and hearings originally scheduled have been rescheduled. ( Discovery cut-off 5/17/2016., Motions due by 8/15/2016., Final Pretrial Conference set for 9/19/2016 08:30 AM before Judge David O. Carter., Trial set for 10/17/2016 08:30 AM before Judge David O. Carter.) See order for more information. (twdb)
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| Filing 120 Joint STIPULATION to Continue Trial and All Current Deadlines by 60 Days, or in the Alternative Continue the Lay Discovery, Expert and Motion Deadlines Only from August 14, 2016 to October 13, 2016 Re: Pretrial-Trial Scheduling Order - form only, #71 filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc.. (Attachments: #1 Proposed Order)(Kuwana, Eric) |
| Filing 119 NOTICE of Change of Lead Counsel changing lead counsel from Austin T. Beardsley to Eric A. Kuwana. filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc., (Kuwana, Eric) |
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Filing 118
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge David O. Carter: granting #116 APPLICATION to Appear Pro Hac Vice by Attorney Eric A. Kuwana on behalf of Defendants Costco Wholesale Corporation, Townsend Farms, Inc., designating Austin T. Beardsley as local counsel. (lt)
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| Filing 117 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Eric A. Kuwana to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17080469 paid.) #116 . The following error(s) was found: Other error(s) with document(s) are specified below: Defendants, Fallon Trading Co and Purely Pomegranate, Inc are Terminated. 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 116 APPLICATION for attorney Eric A. Kuwana to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17080469 paid.) filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc.. Application set for hearing on 1/12/2016 at 09:00 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Beardsley, Austin) |
| Filing 115 NOTICE of Opportunity to Inspect filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc.. (Beardsley, Austin) |
| Filing 114 NOTICE of Association of Counsel associating attorney Heidi S. Inman on behalf of Defendant United Juice Corp.. Filed by Defendant United Juice Corp. (Attorney Heidi S Inman added to party United Juice Corp.(pty:dft))(Inman, Heidi) |
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Filing 113
ORDER #110 by Judge David O. Carter: The claims Plaintiffs have asserted against Defendants Costco Wholesale Corporation (Costco), Townsend Farms, Inc. (TFI), Purely Pomegranate, Inc. (PPI), Fallon Trading Co. (Fallon), and United Juice Corporation (United Juice), are herebydismissed, with prejudice, and without the award of costs to any party. (see document for complete details) (mu)
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| Filing 112 ANSWER to Amended Complaint/Petition #101 UNITED JUICE CORP.'S ANSWER TO PLAINTIFFS' FOURTH AMENDED COMPLAINT filed by defendant United Juice Corp..(Attorney Nicole Ramirez added to party United Juice Corp.(pty:dft))(Ramirez, Nicole) |
| Filing 111 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Certain Plaintiffs' Claims Certain Plaintiffs' Unopposed Motion for Dismissal of Certain Plaintiffs' Claims, with Prejudice, Pursuant to FRCP 41(a)(2) #110 . The following error(s) was found: Proposed Document was not submitted as separate attachment. 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. (twdb) |
| Filing 110 NOTICE OF MOTION AND MOTION to Dismiss Certain Plaintiffs' Claims Certain Plaintiffs' Unopposed Motion for Dismissal of Certain Plaintiffs' Claims, with Prejudice, Pursuant to FRCP 41(a)(2) filed by Plaintiffs Renie Anderson, John Bruno, Karen Echard, Erik Ellis, George Fonville, Jodi Fonville, E. G., Nick Gehler, Tara Gehler, Christina Klein-Ellis, Edwin March, Georgette March, Gary Morrisette, Patricia Morrisette, O. P., Horst Pichler, Irene Pichler, Cornelius Sheehan, Kaleigh Stover, Carmen Vidal, Lisa Walters, Michael Walters. Motion set for hearing on 1/12/2015 at 08:30 AM before Judge David O. Carter. (Marler, William) |
| Filing 109 ANSWER to Amended Complaint/Petition #101 Plaintiffs' Fourth Amended Complaint filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Purely Pomegranate, Inc., Townsend Farms, Inc..(Beardsley, Austin) |
| Filing 108 Notice of Appearance or Withdrawal of Counsel: for attorney Christina S Karayan counsel for Defendant United Juice Corp.. Christina S. Karayan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by counsel Christina S. Karayan. (Karayan, Christina) |
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Filing 107
ORDER by Judge David O. Carter: Granting Stipulation Extending Time for Defendants Townsend Farms, Inc., Costco Wholesale Corporation, Fallon Trading Co., Inc. and Purely Pomegranate, Inc. to Respond to Fourth Amended Complaint #106 . (mt)
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| Filing 106 STIPULATION Extending Time to Answer the complaint as to Fallon Trading Co., Inc. answer now due 10/30/2015; Costco Wholesale Co., Inc. answer now due 10/30/2015; Townsend Farms, Inc. answer now due 10/30/2015; Purely Pomegranate, Inc. answer now due 10/30/2015, re Amended Complaint/Petition #101 filed by defendants Fallon Trading Co., Inc.; Costco Wholesale Co., Inc.; Townsend Farms, Inc.; Purely Pomegranate, Inc.. (Attachments: #1 Proposed Order)(Attorney Austin T Beardsley added to party Purely Pomegranate, Inc.(pty:dft))(Beardsley, Austin) |
| Filing 105 Notice of Appearance or Withdrawal of Counsel: for attorney Brendan J Flaherty counsel for Plaintiff Elisabeth A. Luethy. Adding Brendan J. Flaherty as counsel of record for Elisabeth A. Luethy for the reason indicated in the G-123 Notice. Filed by Plaintiff Elisabeth A. Luethy. (Attachments: #1 Supplement)(Flaherty, Brendan) |
| Filing 104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #102 . 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 103 Notice of Appearance or Withdrawal of Counsel: for attorney Ofer M Grossman counsel for Plaintiff Elisabeth A. Luethy. Adding Ofer M. Grossman as counsel of record for Elisabeth A. Luethy for the reason indicated in the G-123 Notice. Filed by plaintiff Elisabeth A. Luethy. (Attorney Ofer M Grossman added to party Elisabeth A. Luethy(pty:pla))(Grossman, Ofer) |
| Filing 102 NOTICE of Appearance filed by attorney Brendan J Flaherty on behalf of Plaintiff Elisabeth A. Luethy (Attorney Brendan J Flaherty added to party Elisabeth A. Luethy(pty:pla))(Flaherty, Brendan) |
| Filing 101 Fourth AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition,, #88 , filed by Plaintiff Merri Gleckler, Robert Gleckler (Maltzer, Joshua) |
| Filing 100 ANSWER to Amended Complaint/Petition,, #88 filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., Townsend Farms, Inc..(Beardsley, Austin) |
| Filing 99 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for ThirdParty Plaintiff Costco Wholesale Co., Inc., Defendant Costco Wholesale Co., Inc.. Adding Austin T. Beardsley as counsel of record for Costco Wholesale Corporation for the reason indicated in the G-123 Notice. Filed by Defendant/Third Party Plaintiff Costco Wholesale Corporation. (Attorney Austin T Beardsley added to party Costco Wholesale Co., Inc.(pty:3pp), Attorney Austin T Beardsley added to party Costco Wholesale Co., Inc.(pty:dft))(Beardsley, Austin) |
| Filing 98 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for Defendant Fallon Trading Co., Inc.. Adding Austin T. Beardsley as counsel of record for Fallon Trading Co., Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Fallon Trading Co., Inc.. (Attorney Austin T Beardsley added to party Fallon Trading Co., Inc.(pty:dft))(Beardsley, Austin) |
| Filing 97 NOTICE OF DISMISSAL filed by Third Party Plaintiffs Townsend Farms, Inc. pursuant to FRCP 41a(1) as to Purely Pomegranate Inc. (Weiss, Eric) |
| Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Courtnee A Draper counsel for ThirdParty Plaintiff Townsend Farms, Inc., Defendant Townsend Farms, Inc.. Filed by Defendant/Third Party Plaintiff Townsend Farms, Inc.. (Attorney Courtnee A Draper added to party Townsend Farms, Inc.(pty:3pp), Attorney Courtnee A Draper added to party Townsend Farms, Inc.(pty:dft))(Draper, Courtnee) |
| Filing 95 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for ThirdParty Plaintiff Townsend Farms, Inc., Defendant Townsend Farms, Inc.. Adding Austin T. Beardsley as counsel of record for Townsend Farms, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant/Third Party Plaintiff Townsend Farms, Inc.. (Attorney Austin T Beardsley added to party Townsend Farms, Inc.(pty:3pp), Attorney Austin T Beardsley added to party Townsend Farms, Inc.(pty:dft))(Beardsley, Austin) |
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Filing 94
ORDER re Stipulation to Further Extend Time to Respond to Third-Party Complaint #93 , (Response due by 9/23/2015). (dgo)
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| Filing 93 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 9/23/2015, re Third Party Complaint, #74 filed by Third-Party Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Further Extend Time to Respond to Third-Party Complaint)(Binion, Robert) |
| Filing 92 NOTICE of Appearance filed by attorney Joshua Aaron Maltzer on behalf of Plaintiffs Merri Gleckler, Robert Gleckler (Attorney Joshua Aaron Maltzer added to party Merri Gleckler(pty:pla), Attorney Joshua Aaron Maltzer added to party Robert Gleckler(pty:pla))(Maltzer, Joshua) |
| Filing 91 WAIVER OF SERVICE Returned Executed filed by Plaintiff Merri Gleckler, Robert Gleckler. Waiver of Service signed by Peter H. Crossin. (Meisenhelder, Gregory) |
| Filing 90 WAIVER OF SERVICE Returned Executed filed by Plaintiff Merri Gleckler, Robert Gleckler. Waiver of Service signed by Cary L. Wood. (Meisenhelder, Gregory) |
| Filing 89 WAIVER OF SERVICE Returned Executed filed by Plaintiff Merri Gleckler, Robert Gleckler. Waiver of Service signed by Robert Binion. (Meisenhelder, Gregory) |
| Filing 88 THIRD AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint,,, #39 , filed by Plaintiffs Gary Morrisette, Samantha Torres, Ramon Torres, Cynthia Yolland, Gricel Gibson, Phyllis Kenyon, O. P., Joseph Collier, Debra Murphy, Chanda Rains, Gregory Gibson, Deborah Oswald, Geoff Soza, Lisa Walters, Michael Walters, Nathan Rains, Patricia Morrisette, Polly Sirles, John Bruno, Jeffrey Kenyon, S. T., Jodi Fonville, Aaron Sirles, Rita Soza, George Yolland, George Fonville, Carmen Vidal, Elisabeth A. Luethy, Merri Gleckler, Robert Gleckler (Marler, William) |
| Filing 87 MINUTES OF Status Conference Re Scheduling held before Judge David O. Carter: SA CV 15-0620-DOC (JCGx) and SA CV 15-0663-DOC (JCGx) shall be consolidated with SA CV 14-1176-DOC (JCGx). The plaintiffs are directed to file an amended consolidated complaint on or before August 17, 2015 and all future filings shall be filed only under the low number case, SA CV 14-1176-DOC (JCGx). The scheduling order already entered in SA CV 14-1176-DOC (JCGx) shall remain in place. The Court will not consolidate SA CV 15-0837-DOC (JCGx) and SA CV 15-0840-DOC (JCGx) at this time in order to allow the plaintiffs in those cases time to serve process on the defendants, although the parties are forewarned that the Court's intent is to consolidate the two cases for pretrial and trial purposes. Plaintiffs in those cases shall file proof of service within 30 days of service having been completed. The Court also will not consolidate Costco's and Townsend Farms's third-party claims in SA CV 13-1292-DOC (JCGx) and SA CV 14-1176-DOC (JCGx) with SA CV 15-0837-DOC (JCGx) at this time, based on the parties' representation that those third-party claims will soon be dismissed as a result of an out-of-court settlement. Court Reporter: Debbie Gale. (mt) |
| Filing 86 RESPONSE filed by Plaintiffs Renie Anderson, Julian Arnaud, Marisa Berndt, Michael Berndt, John Bruno, Kristina Clampitt, Joseph Collier, Karl Eagan, Maureen Eagan, Karen Echard, Erik Ellis, George Fonville, Jodi Fonville, E. G., Thomas Garratt-Nakamura, Nick Gehler, Tara Gehler, Gregory Gibson, Gricel Gibson, Monica Johnston, Jeffrey Kenyon, Phyllis Kenyon, Haeah Kim, Hoon Kim, Christina Klein-Ellis, Mary Beth Laychak, Edwin March, Georgette March, Diane Maurer, Duke Maurer, Gary Morrisette, Patricia Morrisette, Debra Murphy, Andrew Odell, Deborah Oswald, O. P., Horst Pichler, Irene Pichler, Ed Powell, Laurie Powell, Chanda Rains, Nathan Rains, Cornelius Sheehan, Aaron Sirles, Polly Sirles, Geoff Soza, Rita Soza, Kaleigh Stover, S. T., Ramon Torres, Samantha Torres, Carmen Vidal, Lisa Walters, Michael Walters, Cynthia Yolland, George Yolland, Kristen Yolland, W. Z., Jennifer Zigrino, Richard Zigrinoto Minutes of In Chambers Order/Directive - no proceeding held,, #81 Joint Response to Order to Show Cause Why Cases Should Not Be Consolidated (Marler, William) |
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Filing 85
ORDER by Judge David O. Carter, granting Stipulation Extending Time to Answer (30 days or less), #84 . (twdb)
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| Filing 84 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 8/24/2015, re Third Party Complaint, #74 filed by Third-Party Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Further Extend Time to Respond to Third-Party Complaint)(Binion, Robert) |
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Filing 83
ORDER by Judge David O. Carter, granting Stipulation Extending Time to Answer (30 days or less), #82 . (twdb)
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| Filing 82 STIPULATION Extending Time to Answer the complaint as to re Third Party Complaint, #74 filed by Third-Party Defendants Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Extend Time to Respond to Third-Party Complaint)(Attorney Robert Alfred Binion added to party Purely Pomegranate Inc(pty:3pd))(Binion, Robert) |
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Filing 81
AMENDED MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter Re: Order to Show Case Why Cases Should Not Be Consolidated. Accordingly, the Court ORDERS as follows: Plaintiffs in all cases shall serve this minute order upon any defendants who have not yet appeared. The parties shall file a joint response to this Order to Show Cause on or before July 27, 2015. A status conference to discuss scheduling of all cases is set for August 3, 2015, at 8:30 a.m. The Clerk shall serve this minute order on the parties. (see document for details). (dro) (Main Document 81 replaced on 6/24/2015) (dro).
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Filing 80
ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED by Judge David O. Carter. Plaintiffs in all cases shall serve this minute order upon any defendants who have not yet appeared. The parties shall file a joint response to this Order to Show Cause on or before July 27, 2015. A status conference to discuss scheduling of all cases is set for August 3, 2015, at 8:30 a.m. See document for further details. (mba)
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| Filing 79 21 DAY Summons Issued Re Third Party Complaint, #74 as to Third-Party Defendants Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S., and Purely Pomegranate Inc. (jtil) |
| Filing 78 Request for Clerk to Issue Summons on Third Party Complaint, #74 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms, Inc.. (Weiss, Eric) |
| Filing 77 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #75 , Summons Request #76 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (mba) |
| Filing 76 Request for Clerk to Issue Summons on Third Party Complaint, #74 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms, Inc.. (Weiss, Eric) |
| Filing 75 Request for Clerk to Issue Summons on Third Party Complaint, #74 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms, Inc.. (Weiss, Eric) |
| Filing 74 THIRD PARTY COMPLAINT against Third Party Defendants Purely Pomegranate Inc, Goknur Foodstuffs Import Export Trading and Production Company ; Yes, filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weiss, Eric) |
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Filing 73
ORDER Granting #72 Motion to Dismiss Defendant Purely Pomegranate, Inc. Terminating Purely Pomegranate, Inc. (a California corporation). by Judge David O. Carter: (dgo)
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| Filing 72 NOTICE OF MOTION AND MOTION to Dismiss Defendant Purely Pomegranate, Inc. Plaintiffs' Notice of Motion and Unopposed Motion for Dismissal of Defendant Purely Pomegranate without Prejudice Pursuant to FRCP 41(a)(2) filed by Plaintiffs Kristina Clampitt, Gary Morrisette, Samantha Torres, Karl Eagan, Ramon Torres, Richard Zigrino, Ed Powell, Cynthia Yolland, Horst Pichler, Gricel Gibson, Irene Pichler, Michael Berndt, O. P., Phyllis Kenyon, Christina Klein-Ellis, Mary Beth Laychak, Georgette March, Renie Anderson, Joseph Collier, Debra Murphy, Nick Gehler, Chanda Rains, Thomas Garratt-Nakamura, Gregory Gibson, Edwin March, Andrew Odell, Deborah Oswald, Jennifer Zigrino, Geoff Soza, Lisa Walters, Michael Walters, Kristen Yolland, Monica Johnston, Erik Ellis, Patricia Morrisette, Nathan Rains, Polly Sirles, Tara Gehler, John Bruno, Hoon Kim, Karen Echard, Jeffrey Kenyon, Haeah Kim, Duke Maurer, S. T., Laurie Powell, Maureen Eagan, Julian Arnaud, Cornelius Sheehan, Jodi Fonville, Diane Maurer, Aaron Sirles, Rita Soza, George Fonville, George Yolland, W. Z., Carmen Vidal, Kaleigh Stover, E. G., Marisa Berndt. Motion set for hearing on 4/27/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Attorney William D Marler added to party Marisa Berndt(pty:pla), Attorney William D Marler added to party Michael Berndt(pty:pla), Attorney William D Marler added to party Kristina Clampitt(pty:pla), Attorney William D Marler added to party Joseph Collier(pty:pla), Attorney William D Marler added to party Karl Eagan(pty:pla), Attorney William D Marler added to party Maureen Eagan(pty:pla), Attorney William D Marler added to party George Fonville(pty:pla), Attorney William D Marler added to party Jodi Fonville(pty:pla), Attorney William D Marler added to party E. G.(pty:pla), Attorney William D Marler added to party Nick Gehler(pty:pla), Attorney William D Marler added to party Tara Gehler(pty:pla), Attorney William D Marler added to party Gregory Gibson(pty:pla), Attorney William D Marler added to party Gricel Gibson(pty:pla), Attorney William D Marler added to party Monica Johnston(pty:pla), Attorney William D Marler added to party Haeah Kim(pty:pla), Attorney William D Marler added to party Hoon Kim(pty:pla), Attorney William D Marler added to party Edwin March(pty:pla), Attorney William D Marler added to party Georgette March(pty:pla), Attorney William D Marler added to party Gary Morrisette(pty:pla), Attorney William D Marler added to party Patricia Morrisette(pty:pla), Attorney William D Marler added to party Debra Murphy(pty:pla), Attorney William D Marler added to party Deborah Oswald(pty:pla), Attorney William D Marler added to party O. P.(pty:pla), Attorney William D Marler added to party Horst Pichler(pty:pla), Attorney William D Marler added to party Irene Pichler(pty:pla), Attorney William D Marler added to party Ed Powell(pty:pla), Attorney William D Marler added to party Laurie Powell(pty:pla), Attorney William D Marler added to party Aaron Sirles(pty:pla), Attorney William D Marler added to party Polly Sirles(pty:pla), Attorney William D Marler added to party Geoff Soza(pty:pla), Attorney William D Marler added to party Rita Soza(pty:pla), Attorney William D Marler added to party Kaleigh Stover(pty:pla), Attorney William D Marler added to party W. Z.(pty:pla), Attorney William D Marler added to party Jennifer Zigrino(pty:pla), Attorney William D Marler added to party Richard Zigrino(pty:pla))(Marler, William) |
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Filing 71
SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter: Discovery cut-off 3/18/2016, Motions cut-off set for 6/13/2016 @ 8:30 AM, Final Pretrial Conference set for 7/18/2016 @ 8:30 AM, Jury Trial set for 8/14/2016 @ 8:30 AM before Judge David O. Carter. SEE ORDER FOR ADDITIONAL INFORMATION. (dgo)
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| Filing 70 MINUTES OF Scheduling Conference/Status Conference RE Subject Matter Jurisdiction held before Judge David O. Carter. Stipulation to dismiss defendant PPI due by 3/25/15. Third party complaint to be filed by 4/24/15. Motion for Class Certification due by 7/27/15. Scheduling Order to be issued with remaining dates.Court Reporter: Deborah Parker. (twdb) |
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Filing 69
ORDER by Judge David O. Carter: granting #66 Application to Appear Pro Hac Vice by Attorney David A. Ernst on behalf of Defendants Costco Wholesale Co., Inc. and for Townsend Farms, Inc., designating Guy R. Gruppie as local counsel. (lt)
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Filing 68
ORDER by Judge David O. Carter: granting #65 Application to Appear Pro Hac Vice by Attorney Nicholas A. Kampars on behalf of Defendants Costco Wholesale Co., Inc. and for Townsend Farms, Inc., designating Guy R. Gruppie as local counsel. (lt)
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| Filing 67 MINUTES OF Scheduling Conference held before Judge David O. Carter. Matter is continued to 3/11/2015 at 07:30 AM before Judge David O. Carter.Court Reporter: Debbie Gale. (nbo) |
| Filing 66 APPLICATION for attorney David A. Ernst to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15305650 paid.) filed by Defendant Townsend Farms, Inc.. (Weiss, Eric) |
| Filing 65 APPLICATION for attorney Nicholas A. Kampars to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15305523 paid.) filed by Defendant Townsend Farms, Inc.. (Weiss, Eric) |
| Filing 63 Notice of Electronic Filing re Notice of Deficiency in Electronically Filed Documents (G-112A) #62 e-mailed to Attorney Denis Stearns at dstearns@markerclark.com bounced due to typo in email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to dstearns@marlerclark.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 64
ORDER by Judge David O. Carter: granting #61 Application to Appear Pro Hac Vice by Attorney Denis Stearns on behalf of Plaintiff, designating Adam T. Kent as local counsel. (lt)
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| Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First APPLICATION for attorney Denis Stearns to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15257721 paid.) #61 . The following error(s) was found: Other error(s) with document(s) are specified below: No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64); Incorrect form for Association of Counsel; Submitted Good Standing Certificate that is over 30 days old. Certificate issued on 1/23/15 & application was filed on 1/23/15. See Local Rule 83-2.1.3.3. (WI). 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 61 First APPLICATION for attorney Denis Stearns to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15257721 paid.) filed by Plaintiff Lisa Walters, Michael Walters. (Attachments: #1 Exhibit CERTIFICATES OF GOOD STANDING, #2 Proposed Order PROPOSED ORDER OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE)(Gordon, Frederic) |
| Filing 60 SCHEDULING NOTICE by Judge David O. Carter: Scheduling Conference/Status Conference, re Subject Matter Jurisdiction set for 3/4/2015 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 59 ANSWER to Second Amended Complaint filed by Defendant Townsend Farms, Inc..(Weiss, Eric) |
| Filing 58 ANSWER filed by Defendant Purely Pomegranate, Inc..(Binion, Robert) |
| Filing 57 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew M Taylor counsel for Defendant United Juice Corp.. Filed by Defendant United Juice Corp.. (Taylor, Matthew) |
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Filing 55
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO APPEAR FOR MANDATORY SETTLEMENT CONFERENCE. See minute order for more information. ( Settlement Conference set for 2/12/2015 07:30 AM before Judge David O. Carter.) (twdb)
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| Filing 56 MINUTES OF Scheduling/Status Conference held before Judge David O. Carter: The Court and counsel confer. The Court sets a settlement conference for 2/12/2015 @ 7:30 a.m. with Special Master Timothy Gallagher. Minute Order to be issued. Court Reporter: Not Present. (mt) |
| Filing 54 NOTICE of Settlement Notice of Partial Settlement filed by Plaintiffs Julian Arnaud, Kristina Clampitt, Thomas Garratt-Nakamura, Monica Johnston, Haeah Kim, Hoon Kim, Mary Beth Laychak, Diane Maurer, Duke Maurer, Andrew Odell, Ed Powell, Laurie Powell, Kristen Yolland. (Marler, William) |
| Filing 53 NOTICE of Appearance filed by attorney Christina S Karayan on behalf of Defendant United Juice Corp. (Attorney Christina S Karayan added to party United Juice Corp.(pty:dft))(Karayan, Christina) |
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Filing 52
ORDER by Judge David O. Carter: granting #51 Request to Substitute Attorney. Attorney Larry N Willis; Scott S Blackstone and Garrett S Gregor terminated (twdb)
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| Filing 51 REQUEST TO SUBSTITUTE ATTORNEY Mark A. Weinstein in place of attorney Scott S. Blackstone Willis DePasquale, LLP filed by Defendant Fallon Trading Co., Inc.. (Attachments: #1 Proposed Order)(Attorney Mark A Weinstein added to party Fallon Trading Co., Inc.(pty:dft))(Weinstein, Mark) |
| Filing 50 JOINT REPORT Rule 26(f) Discovery Plan Joint Report of Rule 26(f) Planning Conference of All Parties for January 26, 2015 Scheduling and Status Conference ; estimated length of trial 4 days, filed by Plaintiffs Renie Anderson, Julian Arnaud, Marisa Berndt, Michael Berndt, John Bruno, Kristina Clampitt, Joseph Collier, Karl Eagan, Maureen Eagan, Karen Echard, Erik Ellis, George Fonville, Jodi Fonville, E. G., Thomas Garratt-Nakamura, Nick Gehler, Tara Gehler, Gregory Gibson, Gricel Gibson, Monica Johnston, Jeffrey Kenyon, Phyllis Kenyon, Haeah Kim, Hoon Kim, Christina Klein-Ellis, Mary Beth Laychak, Edwin March, Georgette March, Diane Maurer, Duke Maurer, Gary Morrisette, Patricia Morrisette, Debra Murphy, Andrew Odell, Deborah Oswald, O. P., Horst Pichler, Irene Pichler, Ed Powell, Laurie Powell, Chanda Rains, Nathan Rains, Cornelius Sheehan, Aaron Sirles, Polly Sirles, Geoff Soza, Rita Soza, Kaleigh Stover, S. T., Ramon Torres, Samantha Torres, Carmen Vidal, Lisa Walters, Michael Walters, Cynthia Yolland, George Yolland, Kristen Yolland, W. Z., Jennifer Zigrino, Richard Zigrino.. (Marler, William) |
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Filing 49
ORDER by Judge David O. Carter Further Extending Time to Respond to Second Amended Complaint #48 . The responses of Defendants to the Second Amended Complaint are due on or before January 30, 2015. (nbo)
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| Filing 48 STIPULATION for Extension of Time to File Response to Second Amended Complaint filed by Defendant Purely Pomegranate, Inc.. (Attachments: #1 Proposed Order)(Binion, Robert) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Rodney L Eshelman counsel for Defendant Purely Pomegranate, Inc.. Rodney L. Eshelman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Purely Pomegranate, Inc.. (Eshelman, Rodney) |
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Filing 46
ORDER IN SUPPORT OF STIPULATION #42 by Judge David O. Carter: Townsend Farms, Inc. and Costco Wholesale Corporation's response to Plaintiff's Second Amended Complaint shall be due on or before 1/5/2015. IT IS SO ORDERED (mu)
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| Filing 43 NOTICE OF LODGING filed Proposed Order re Stipulation for Extension of Time to File Response/Reply #42 (Attachments: #1 Exhibit)(Weiss, Eric) |
| Filing 42 First STIPULATION for Extension of Time to File Stipulation to Extend Time to Respond to Second Amended Complaint filed by Defendants Townsend Farms, Inc..(Weiss, Eric) |
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Filing 45
ORDER by Judge David O. Carter granting Stipulation for Extension of Time to File Response/Reply #41 , Defendant Fallon Trading Co., Inc. answer due 1/5/2015 (mba)
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Filing 44
ORDER by Judge David O. Carter, Extending Time to Respond to Second Amended Complaint #40 . PPIs response to Plaintiffs Second Amended Complaint shall be on or before December 31, 2014. (mba)
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| Filing 41 STIPULATION for Extension of Time to File Response to Second Amended Complaint filed by defendant Fallon Trading Co., Inc.. (Attachments: #1 Proposed Order Proposed Order Extending Time to File Response)(Blackstone, Scott) |
| Filing 40 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate, Inc. answer now due 12/31/2014, re Amended Complaint,,, #39 filed by Defendant Purely Pomegranate, Inc.. (Attachments: #1 Proposed Order [Proposed] Order Extending Time to Respond to Second Amended Complaint)(Binion, Robert) |
| Filing 39 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint #37 , filed by Plaintiffs Mary Beth Laychak, Duke Maurer, S. T., Renie Anderson, Lisa Walters, Julian Arnaud, Cornelius Sheehan, Michael Walters, Samantha Torres, Diane Maurer, Ramon Torres, Kristen Yolland, Chanda Rains, Erik Ellis, Thomas Garratt-Nakamura, Cynthia Yolland, Nathan Rains, George Yolland, Carmen Vidal, Andrew Odell, John Bruno, Phyllis Kenyon, Christina Klein-Ellis, Karen Echard, Jeffrey Kenyon (Attorney William D Marler added to party S. T.(pty:pla), Attorney William D Marler added to party Ramon Torres(pty:pla), Attorney William D Marler added to party Samantha Torres(pty:pla), Attorney William D Marler added to party Cynthia Yolland(pty:pla), Attorney William D Marler added to party George Yolland(pty:pla))(Marler, William) |
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Filing 38
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO APPEAR FOR MANDATORY SETTLEMENT CONFERENCE. See minute order for more information. ( Settlement Conference set for 12/15/2014 07:00 AM before Judge David O. Carter.) (twdb)
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| Filing 37 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Michael Walters, Lisa Walters (Marler, William) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Carmine J Pearl, II counsel for Defendant Fallon Trading Co., Inc.. Carmine J. Pearl, II is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant FALLON TRADING COMPANY, INC.. (Pearl, Carmine) |
| Filing 35 (Pearl, Carmine) |
| Filing 34 MINUTES OF Scheduling Conference held before Judge David O. Carter. SCHEDULING CONFERENCE. Discovery in this matter is stayed. All pending dates are VACATED. Scheduling Conference/Status Conference re consolidation is adjourned to January 26, 2015 @ 8:30 AM. Counsel are ordered to file a new Joint Rule 26(f) Plan. Scheduling Conference adjourned to 1/26/2015 at 08:30 AM before Judge David O. Carter.Court Reporter: C/S 11/17/14. (twdb) |
| Filing 33 NOTICE Defendants Initial Rule 26(A)(1) Disclosures filed by Defendants Townsend Farms, Inc.. (Weiss, Eric) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter: Order Denying Defendant Purely Pomegranate Inc.'s Motion to Dismiss for Failure to State a Claim #24 . The Court finds this matter appropriate for resolution without oral argument. Having considered the papers, the Court DENIES the Motion. (nbo)
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| Filing 31 INITIAL DISCLOSURE of RULE 26(A)(1) filed by Defendant United Juice Corp. (Taylor, Matthew) |
| Filing 30 REPLY in Support of MOTION to Dismiss Complaint for Failure to State a Claim #24 filed by Defendant Purely Pomegranate, Inc.. (Binion, Robert) |
| Filing 29 OPPOSITION to MOTION to Dismiss Complaint for Failure to State a Claim #24 Plaintiffs' Opposition to Purely Pomegranate's Motion to Dismiss for Failure to State A Claim filed by Plaintiffs Lisa Walters, Michael Walters. (Attachments: #1 Declaration of William D. Marler, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Marler, William) |
| Filing 28 JOINT REPORT of RULE 26(f) PLANNING CONFERENCE OF ALL PARTIES filed by Plaintiffs Lisa Walters, Michael Walters. (Marler, William) |
| Filing 27 Certification and NOTICE of Interested Parties filed by Defendant United Juice Corp., identifying None. (Taylor, Matthew) |
| Filing 26 ANSWER to Complaint (Attorney Civil Case Opening), #1 ; Jury Demand filed by Defendant United Juice Corp..(Attorney Matthew M Taylor added to party United Juice Corp.(pty:dft))(Taylor, Matthew) |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Walters, Lisa Walters. upon United Juice Corp. waiver sent by Plaintiff on 8/28/2014, answer due 10/27/2014. Waiver of Service signed by Matthew Taylor for Cary Wood. (Marler, William) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim filed by Defendant Purely Pomegranate, Inc.. Motion set for hearing on 11/17/2014 at 08:30 AM before Judge David O. Carter. (Binion, Robert) |
| Filing 23 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate, Inc. answer now due 10/17/2014, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Purely Pomegranate, Inc..(Binion, Robert) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Defendant Fallon Trading Co., Inc. (Pearl, Carmine) |
| Filing 20 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Fallon Trading Co., Inc..(Attorney Carmine J Pearl, II added to party Fallon Trading Co., Inc.(pty:dft))(Pearl, Carmine) |
| Filing 19 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate, Inc. answer now due 10/10/2014, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Purely Pomegranate, Inc..(Attorney Robert Alfred Binion added to party Purely Pomegranate, Inc.(pty:dft))(Binion, Robert) |
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Filing 22
ORDER Setting Scheduling Conference by Judge David O. Carter: Scheduling Conference set for 12/1/2014 @ 8:30 AM before Judge David O. Carter. (dgo)
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| Filing 18 SCHEDULING NOTICE by Judge David O. Carter: Scheduling Conference set for 12/1/2014 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY |
| Filing 17 ANSWERJURY DEMAND. Answer to Complaint filed by Defendant Townsend Farms, Inc..(Attorney Eric P Weiss added to party Townsend Farms, Inc.(pty:dft))(Weiss, Eric) |
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Filing 16
ORDER by Judge David O. Carter: granting #15 Application to Appear Pro Hac Vice by Attorney William D. Marler on behalf of Plaintiffs, designating Adam T. Kent as local counsel. (lt)
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| Filing 15 APPLICATION for attorney William D. Marler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14442551 paid.) filed by Plaintiffs Lisa Walters, Michael Walters. (Attachments: #1 Proposed Order (Proposed) Order on Application of Pro Hac Vice Application for William D. Marler)(Waite, Richard) |
| Filing 14 NOTICE of Appearance filed by attorney Richard Ramsey Waite on behalf of Plaintiffs Lisa Walters, Michael Walters (Waite, Richard) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Walters, Lisa Walters. upon Costco Wholesale Co., Inc. waiver sent by Plaintiff on 7/29/2014, answer due 9/27/2014. Waiver of Service signed by David A. Ernst. (Waite, Richard) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Walters, Lisa Walters. upon Townsend Farms, Inc. waiver sent by Plaintiff on 7/28/2014, answer due 9/26/2014. Waiver of Service signed by David A. Ernst. (Waite, Richard) |
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: SACV 13-01292 DOC(JCGx). Case transferred from Judge Michael W. Fitzgerald and Magistrate Judge Alka Sagar to Judge David O. Carter and Magistrate Judge Jay C. Gandhi for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV 14-01176 DOC(JCGx). Signed by Judge David O. Carter (rn)
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| Filing 10 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Walters, Lisa Walters. upon Fallon Trading Co., Inc. waiver sent by Plaintiff on 7/29/2014, answer due 9/27/2014. Waiver of Service signed by Carmine J. Pearl II. (Waite, Richard) |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Michael Walters, Lisa Walters. upon Purely Pomegranate, Inc. waiver sent by Plaintiff on 7/28/2014, answer due 9/26/2014. Waiver of Service signed by Robert Binion. (Waite, Richard) |
| Filing 8 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to William D. Marler for Plaintiffs Lisa Walters, Michael Walters. re Complaint (Attorney Civil Case Opening), #1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (mba) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Costco Wholesale Co. Inc., Fallon Trading Co. Inc., Purely Pomegranate, Inc., Townsend Farms, Inc., United Juice Corp. (mba) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mba) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alka Sagar. (mba) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs Lisa Walters, Michael Walters, identifying Defendants. (Waite, Richard) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Lisa Walters, Michael Walters. (Waite, Richard) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Lisa Walters, Michael Walters. (Waite, Richard) |
| Filing 1 COMPLAINT Receipt No: 0973-14179997 - Fee: $400, filed by Plaintiffs Michael Walters, Lisa Walters. (Attorney Richard Ramsey Waite added to party Lisa Walters(pty:pla), Attorney Richard Ramsey Waite added to party Michael Walters(pty:pla))(Waite, Richard) |
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