Smith v. Keurig Green Mountain, Inc.
| Kathleen Smith |
| Keurig Green Mountain, Inc. |
| WM Recycle America, LLC and Waste Management National Services, Inc. |
| 4:2018cv06690 |
| November 2, 2018 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Kandis A Westmore |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2023. A more recent docket listing may be available from PACER.
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Filing 166
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #155 FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND #146 MOTION FOR ATTORNEYS FEES. Motions (stipulated final judgment) due by 3/20/2023. (ndr, COURT STAFF) (Filed on 2/27/2023)
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Filing 165
JOINT STATUS REPORT Regarding Settlement Claims by Kathleen Smith. (Attachments: #1 Declaration Declaration of Scott Fenwick in Connection with Joint Status Report)(Hirsch, Howard) (Filed on 2/8/2023)
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Filing 164
ORDER by Hon. Haywood S. Gilliam, Jr. The Court has not received billing records per the order at Dkt. No. 159 . The Court DIRECTS Plaintiff to comply with the order and submit records as described in Dkt. No. 159 by February 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 1/27/2023)
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Filing 163
Supplemental Brief In Support of Plaintiffs' Motion for Attorneys' Fees, Costs, and Service Awards filed byKathleen Smith. (Hirsch, Howard) (Filed on 1/18/2023)
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Filing 162
Transcript of Proceedings held on December 8, 2022, before Judge Haywood S. Gilliam, Jr.. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #158 Transcript Order ) Release of Transcript Restriction set for 3/24/2023. (Related document(s) #158 ) (Mercado, Raynee) (Filed on 12/28/2022)
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Filing 161
ORDER by Judge Haywood S. Gilliam, Jr. Granting #160 Stipulation to Address Notice Issues for Certain Class Members Regarding Settlement. (Attachments: #1 Exhibit 1)(ndr, COURT STAFF) (Filed on 12/21/2022)
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Filing 160
STIPULATION WITH PROPOSED ORDER to Address Notice Issues for Certain Class Members Regarding Settlement filed by Kathleen Smith. (Attachments: #1 Proposed Order Proposed Order re Notice Issues)(Hirsch, Howard) (Filed on 12/16/2022)
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Filing 159
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff to submit more detailed attorney billing records in support of Dkt. No. #146 the motion for attorneys' fees. The current declarations provide information about the total amount of time spent on various tasks related to this litigation, but the Court has no way of determining which attorney(s) worked on which task(s). Without this level of detail, the Court cannot assess the reasonableness of the time spent, and the fees requested, in this case. Plaintiff shall submit these materials by no later than January 25, 2023, via email to the Court (with all counsel cc'd) to HSGpo@cand.uscourts.gov for in camera review. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 12/15/2022)
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Filing 158
TRANSCRIPT ORDER before Judge Haywood S Gilliam, Jr by Kathleen Smith, for Court Reporter Raynee Mercado. (Hirsch, Howard) (Filed on 12/12/2022)
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Filing 157
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing and Fairness Hearing held on 12/8/2022.Total Time in Court: 42 Minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Howard Hirsch; Patrick Vallely; and Mary Ousley. Defendant Attorney: Creighton Magid. Motion for attorneys fees and motion for final approval of class action settlement agreement (docket nos. #146 and #155 ) are argued by the parties. Counsel for Plaintiff is directed to e-file: 1) a stipulation re supplemental notice by next week; 2) supplemental briefing regarding attorneys fees by January 18, 2023; and 3) a joint status report by February 8, 2023. Unless otherwise ordered, the motions will be deemed submitted on the papers once the documents are e-filed on the docket. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 12/8/2022)
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Filing 156
Supplemental Declaration of Howard Hirsch in Support of #155 MOTION for Final Approval of Class Action Settlement Agreement filed byKathleen Smith. (Related document(s) #155 ) (Hirsch, Howard) (Filed on 12/1/2022)
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Filing 155
MOTION for Final Approval of Class Action Settlement Agreement filed by Kathleen Smith. Motion Hearing set for 12/8/2022 02:00 PM before Judge Haywood S Gilliam Jr.. Responses due by 11/23/2022. (Attachments: #1 Declaration of Howard Hirsch, #2 Proposed Order)(Hirsch, Howard) (Filed on 11/3/2022) Modified on 11/4/2022 (slh, COURT STAFF).
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Filing 153
ORDER by Judge Haywood S. Gilliam, Jr. Granting #152 Stipulation to Provide Additional Notice to Class Regarding Settlement. (Attachments: #1 Exhibit 1)(ndr, COURT STAFF) (Filed on 10/17/2022)
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Filing 154
Letter from Thomas Steinbrenner, dated 10/7/2022 re objection to class action settlement. (tn, COURT STAFF) (Filed on 10/14/2022)
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Filing 152
STIPULATION WITH PROPOSED ORDER to Provide Additional Notice to Class Regarding Settlement filed by Kathleen Smith. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 10/14/2022)
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Filing 151
ORDER by Judge Haywood S. Gilliam, Jr. Granting #149 Motion for Pro Hac Vice for of Patrick J. Vallely. (ndr, COURT STAFF) (Filed on 9/23/2022)
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Filing 150
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #149 . All future filings should reflect the case number as 4:18-cv-06690-HSG. as previously advised via docket no. 13 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/23/2022)
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Filing 149
MOTION for leave to appear in Pro Hac Vice of Patrick J. Vallely, (Filing Fee: $317.00, receipt number 5313960) (Filing fee previously paid on 9/21/2022) filed by Kathleen Smith. (Attachments: #1 Supplement Patrick J. Vallely Certificate of Good Standing)(Vallely, Patrick) (Filed on 9/23/2022)
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*** #147 MOTION for leave to appear in Pro Hac Vice Terminated, Re-filed as Docket No. #149 .*** (ndr, COURT STAFF) (Filed on 9/23/2022)
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Filing 148
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #147 . The written application must be re-filed in its entirety using the 11/2021 revised version of the form. The true and correct copies of the certificate of good standing must also be re-filed as an attachment to the revised application. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 9/21/2022)
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Filing 147
MOTION for leave to appear in Pro Hac Vice of Patrick J. Vallely (Filing fee $ 317, receipt number BCANDC-17553549) filed by Kathleen Smith. (Vallely, Patrick) (Filed on 9/21/2022)
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Filing 146
MOTION for Attorneys' Fees, Costs and Service Awards filed by Kathleen Smith. Motion Hearing set for 12/8/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/23/2022. (Attachments: #1 Declaration of Howard Hirsch, #2 Declaration of Kathleen Smith, #3 Declaration of Matthew Downing, #4 Declaration of Ian McLoughlin)(Hirsch, Howard) (Filed on 9/19/2022)
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Filing 145
Letter dated 8/25/2022 from Ricky Moulder requesting claim form. (Attachments: #1 Envelope)(slh, COURT STAFF) (Filed on 9/1/2022)
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Filing 144
Letter from Carl Johnson, dated 8/9/2022 regarding objection to the case. (tn, COURT STAFF) (Filed on 8/15/2022)
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Filing 143
ORDER AS MODIFIED by Judge Haywood S. Gilliam, Jr. Granting #142 STIPULATION RE: SETTLEMENT NOTICE, ADMINISTRATION AND APPROVAL SCHEDULE. Motions due by 9/19/2022. Fairness Hearing set for 12/8/2022 02:00 PM. (bns, COURT STAFF) (Filed on 7/18/2022)
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Set Deadline, Re Docket No. #143 : Final Approval Motion due by 11/3/2022. (bns, COURT STAFF) (Filed on 7/18/2022)
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Filing 142
STIPULATION WITH PROPOSED ORDER re #140 Order on Motion for Settlement filed by Kathleen Smith. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 7/15/2022)
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Filing 141
Second Amended Class Action Complaint against Keurig Green Mountain, Inc.. Filed by Kathleen Smith. (Hirsch, Howard) (Filed on 7/13/2022)
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Filing 140
ORDER GRANTING #128 PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Judge Haywood S. Gilliam, Jr. Amended Pleadings due by 7/13/2022. (bns, COURT STAFF) (Filed on 7/8/2022)
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Filing 139
Declaration of Mark Rapazzini in Support of #128 MOTION for Approval of Class Action Settlement Agreement filed by Kathleen Smith. (Related document(s) #128 ) (Hirsch, Howard) (Filed on 4/28/2022)
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Filing 138
Declaration of Charles Schwarze in Support of Motion for Approval of Class Settlement filed byKeurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 4/28/2022)
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Filing 137
Transcript of Proceedings held on 04/14/2022, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #136 Transcript Order ) Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022. (Related documents(s) #136 ) (Batalo, Pam) (Filed on 4/21/2022)
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Filing 136
TRANSCRIPT ORDER for proceedings held on 4/14/2022 before Judge Haywood S Gilliam, Jr by Kathleen Smith, for Court Reporter Pam Batalo. (Hirsch, Howard) (Filed on 4/19/2022)
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Filing 135
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 4/14/2022. Total Time in Court: 44 minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Eric Somers. Defendant Attorney: Creighton Magid. Motion for preliminary approval of class action settlement agreement and for leave to amend complaint (docket no. #128 ) is argued by the parties. Counsel for plaintiff is directed to e-file by April 28, 2022 a supplemental declaration from the claims administrator that addresses Keurigs online purchaser data that he discussed today on the record. Counsel for defendant is directed to e-file by the same date a supplemental declaration regarding Keurigs relationship with the cy pres recipient, Ocean Conservancy. The Court will deem the motion submitted on the papers once the supplemental declarations are e-filed. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 4/14/2022)
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Filing 134
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #132 Request for Permission for Co-Counsel to Attend Hearing Telephonically. Co-counsel shall use the following dial-in information to access the hearing: Dial-In: 888-808-6929; Passcode: 6064255. For call clarity, co-counsel shall NOT use speaker phone or earpieces for these calls, and where at all possible, co-counsel shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 4/12/2022)
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Filing 133
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #132 . In the future, if your request requires Court approval it should be accompanied by a proposed order and properly e-filed as a motion to appear by telephone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/12/2022)
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Filing 132
NOTICE by Kathleen Smith Request for Permission for Co-Counsel to Attend Hearing Telephonically (Hirsch, Howard) (Filed on 4/11/2022)
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Filing 131
CLERK'S NOTICE RE DOCKET NO. #128 . Notice is hereby given that the hearing on the motion set for April 14, 2022 will be held in-person before Judge Haywood S. Gilliam, Jr. in Oakland, Courtroom 2, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/24/2022) Modified on 3/24/2022 to add "the" (ndr, COURT STAFF).
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Filing 130
CLERK'S NOTICE CONTINUING MOTION FOR SETTLEMENT: You are hereby notified that the #128 MOTION for Settlement Approval of Class Action Settlement Agreement previously scheduled for 3/17/2022 is continued to 4/14/2022 02:00 PM in Oakland, - To be determined before Judge Haywood S. Gilliam Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 3/15/2022) Modified on 3/24/2022 (wft, COURT STAFF).
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Filing 129
CLERK'S NOTICE RE DOCKET NO. #128 . Notice is hereby given that the hearing on the motion set for March 17, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 3/14/2022)
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Filing 128
NOTICE OF MOTION AND MOTION for Preliminary Approval of Class Action Settlement Agreement and for Leave to Amend Complaint filed by Kathleen Smith. Motion Hearing set for 3/17/2022 01:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/10/2022. Replies due by 3/17/2022. (Attachments: #1 Declaration)(Hirsch, Howard) (Filed on 2/24/2022)
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Reset Hearing Re Docket No. 127 : Motion Hearing set for 3/17/2022 01:00 PM in Oakland, - To be determined before Judge Haywood S. Gilliam, Jr. (bns, COURT STAFF) (Filed on 2/23/2022)
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Filing 127
ORDER by Hon. Haywood S. Gilliam, Jr. ADVANCING the motion hearing previously set for March 17, 2022 at 2:00 PM to the same date at 1:00 PM. The parties should notice any anticipated motions accordingly. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 2/23/2022)
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Filing 126
****DISREGARD, DUPLICATE FILING.***ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #124 Joint Administrative Motion to Stay Proceedings and to Modify Case Schedule. Motions due by 2/24/2022 and Motion Hearing set for 3/17/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 10/27/2021) Modified on 10/27/2021 (ndr, COURT STAFF).
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Filing 125
ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #124 Joint Administrative Motion to Stay Proceedings and to Modify Case Schedule. Motions due by 2/24/2022 and Motion Hearing set for 3/17/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 10/27/2021)
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Filing 124
Joint Administrative Motion to Stay Proceedings and to Modify Case Schedule filed by Kathleen Smith. Responses due by 11/9/2021. Replies due by 11/16/2021. (Attachments: #1 Declaration Declaration of Howard Hirsch In Support Of Joint Administrative Motion to Stay Proceedings and to Modify Case Schedule, #2 [Proposed] Scheduling Order)(Hirsch, Howard) (Filed on 10/26/2021)
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Filing 123
ORDER by Judge Kandis A. Westmore Regarding #122 Discovery Letter No. 2. (kawlc2S, COURT STAFF) (Filed on 9/15/2021)
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Filing 122
Joint Discovery Letter Brief filed by Kathleen Smith and Keurig Green Mountain,. (Hirsch, Howard) (Filed on 8/31/2021) Modified on 9/1/2021 (jmlS, COURT STAFF).
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Filing 121
ORDER by Magistrate Judge Kandis A. Westmore REGARDING #116 DISCOVERY LETTER NO. 1.(amgS, COURT STAFF) (Filed on 8/3/2021)
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Filing 120
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 7/20/2021. Total Time in Court: 8 minutes. Not Reported. Plaintiff Attorney: Howard Hirsch. Defendant Attorney: Creighton Magid. The Court GRANTS the parties joint administrative motion to modify case schedule (docket no. #117 ). Revised written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/20/2021)
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Filing 119
AMENDED SCHEDULING ORDER Signed by Judge Haywood S. Gilliam, Jr. on 7/20/2021. Opening Reports due by 10/26/2021; Rebuttal Reports due by 2/28/2022; Discovery due by 3/15/2022; Motion Hearing set for 4/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 7/26/2022 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection / Jury Trial (10-day) set for 8/15/2022 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 7/20/2021)
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Set Hearing, See Docket No. 118 : Telephonic Further Case Management Conference set for 7/20/2021 02:00 PM. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 7/16/2021)
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Filing 118
ORDER by Hon. Haywood S. Gilliam, Jr. SETTING a telephonic case management conference on July 20, 2021, at 2:00 p.m. The parties do not need to file a joint statement, but should be prepared to discuss Dkt. No. #117 Administrative Motion to Modify Case Schedule. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929;Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 7/16/2021)
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Filing 117
Joint ADMINISTRATIVE MOTION TO MODIFY CASE SCHEDULE filed by Kathleen Smith and Keurig Green Mountain, Inc.. Responses due by 7/19/2021. (Attachments: #1 Declaration of Howard Hirsch, #2 Proposed Order)(Hirsch, Howard) (Filed on 7/14/2021) Modified on 7/15/2021 (bnsS, COURT STAFF).
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Filing 116
Joint Discovery Letter Brief Regarding Defendant Keurig Green Mountain's Responses to Plaintiff Kathleen Smith's First Set of Requests for Production of Documents filed by Kathleen Smith and Keurig Green Mountain, Inc.. (Hirsch, Howard) (Filed on 7/13/2021) Modified on 7/14/2021 (bnsS, COURT STAFF).
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Filing 115
ORDER by Judge Haywood S. Gilliam, Jr. Granting #114 Stipulation TO MODIFY CASE SCHEDULE. Opening Reports due by 7/26/2021; Rebuttal Reports due by 11/29/2021; and Discovery due by 12/15/2021. (ndrS, COURT STAFF) (Filed on 6/7/2021)
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Filing 114
STIPULATION WITH PROPOSED ORDER TO MODIFY CASE SCHEDULE filed by Kathleen Smith, and Keurig Green Mountain, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Hirsch, Howard) (Filed on 6/4/2021) Modified on 6/7/2021 (bnsS, COURT STAFF).
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Filing 113
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference held on 4/7/2021 via Zoom. Total Time in Court: 25 Minutes. Not Reported. Plaintiff Attorney: Howard Hirsch. Defendant Attorney: Creighton Magid. Case management conference held to discuss the case schedule, timing of class notice, and anticipated cross-motions for summary judgment concerning the Federal Trade Commissions Green Guides. The Court confirmed that all opening reports are due on June 25, 2021, denied defendants request to continue expert discovery deadlines, and confirmed that the parties may not supplement any expert findings after the close of discovery. The Court denied Defendants request to delay class notice. Parties are directed to meet and confer regarding the process and timing for any anticipated cross-motions for summary judgment, and to determine whether Plaintiffs object to Defendants plan to conduct outreach as part of its experts preparation of a survey. Parties are further directed to prioritize the exchange of information relevant to the scheduled mediation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/7/2021)
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Filing 112
CLERK'S NOTICE. Due to the technical difficulties with the AT&T conference line, today's case management conference is being continued to April 7, 2021 at 2:00 p.m. This proceeding will be held via a Zoom webinar. For call clarity, all those intending to participate during the Zoom Webinar hearing are asked to use a headset. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/hsg 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.)(ndrS, COURT STAFF) (Filed on 4/6/2021) Modified on 4/6/2021 to add "to"(ndrS, COURT STAFF).
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Filing 111
JOINT CASE MANAGEMENT STATEMENT filed by Kathleen Smith, and Keurig Green Mountain, Inc.. (Hirsch, Howard) (Filed on 3/30/2021) Modified on 3/31/2021 (bnsS, COURT STAFF).
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Set Deadline/Hearing, See Docket No. 110 : Case Management Statement due by 3/30/2021 and Telephonic Initial Case Management Conference set for 4/6/2021 02:00 PM in Oakland. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 3/17/2021)
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Filing 110
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #109 Stipulation regarding Case Management Conference. The Court SETS a telephonic case management conference on April 6, 2021, at 2:00 p.m. The Court further DIRECTS the parties to submit a joint case management statement by March 30, 2021. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929; Passcode: 6064255For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 3/17/2021)
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Filing 109
STIPULATION WITH PROPOSED ORDER re Case Management Conference filed by Kathleen Smith, and Keurig Green Mountain, Inc.. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 3/16/2021) Modified on 3/17/2021 (bnsS, COURT STAFF).
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Filing 108
ORDER by Judge Haywood S Gilliam, Jr GRANTING #107 STIPULATION REGARDINGALTERNATIVE DISPUTE RESOLUTION.(amgS, COURT STAFF) (Filed on 1/22/2021)
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Filing 107
STIPULATION WITH PROPOSED ORDER re Alternative Dispute Resolution filed by Kathleen Smith, Keurig Green Mountain, Inc.. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 1/21/2021) Modified on 1/22/2021 (bnsS, COURT STAFF).
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Filing 106
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING the parties to file by January 21, 2021, a Stipulation and Proposed Order Selecting ADR Process that includes a proposed deadline, consistent with the parties' representation in Dkt. No. #105 Joint Statement. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 1/14/2021)
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Filing 105
Joint Statement and Alternative Dispute Resolution re #104 USCA Order by Kathleen Smith, and Keurig Green Mountain, Inc.. (Hirsch, Howard) (Filed on 12/1/2020) Modified on 12/2/2020 (bnsS, COURT STAFF).
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Filing 104
ORDER of USCA as to #98 USCA Case Number. (bnsS, COURT STAFF) (Filed on 11/25/2020)
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Filing 103
SCHEDULING ORDER: Amended Pleadings due by 12/12/2020; Opening Reports due by 6/25/2021; Rebuttal Reports due by 10/29/2021; Discovery due by 11/15/2021; Motion Hearing set for 1/27/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 4/26/2022 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; and Jury Selection/Jury Trial (10-day) set for 5/16/2022 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. ***This order terminates docket no. #102 .*** Signed by Judge Haywood S. Gilliam, Jr. on 10/21/2020. (ndrS, COURT STAFF) (Filed on 10/21/2020) Modified on 10/22/2020 to correct amended pleading deadline from 12/10 to 12/12 (ndrS, COURT STAFF).
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Filing 102
STIPULATION WITH PROPOSED ORDER filed by Kathleen Smith, and Keurig Green Mountain, Inc.. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 10/20/2020) Modified on 10/21/2020 (bnsS, COURT STAFF).
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Filing 101
Minute Entry for proceeding held before Judge Haywood S. Gilliam, Jr.: Telephonic Further Case Management Conference held on 10/13/2020. Total Time in Court: 28 minutes. Not Reported. Plaintiff Attorney: Howard Hirsch. Defendant Attorney: Creighton Magid and Kent Schmidt. The Court indicates that this case will not be stayed at this time. Parties are directed to meet and confer and e-file within one week from today (10/20/2020) a stipulation and proposed order setting a case schedule. Within 48 hours of a ruling on the 23(f) petition, the parties are directed to submit a joint statement indicating 1) what the ruling was and 2) what ADR process and deadline they propose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 10/13/2020)
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Filing 100
CLERK'S NOTICE RE DOCKET NOS. #96 and #97 . Notice is hereby given that the case management conference previously set for October 13th will be held telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 10/9/2020)
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Filing 99
JOINT CASE MANAGEMENT STATEMENT filed by Kathleen Smith, Keurig Green Mountain, Inc. (Hirsch, Howard) (Filed on 10/8/2020) Modified on 10/9/2020 (bnsS, COURT STAFF).
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Filing 98
USCA Case Number 20-80139 Ninth Circuit Court of Appeals. Petition for Permission to Appeal under Federal Rule of Civil Procedure 23(f). (cjlS, COURT STAFF) (Filed on 10/5/2020)
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Filing 97
SEALED ORDER (UNREDACTED VERSION) by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFF'S 65 MOTION FOR CLASS CERITIFCATION. This order also GRANTS (docket nos. 64, 74 and 79 ) Administrative Motions to File Under Seal. Signed by Judge Haywood S. Gilliam, Jr. on 9/21/2020. (ndrS, COURT STAFF) (Filed on 9/21/2020)
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Filing 96
ORDER (REDACTED VERSION) by Judge Haywood S. Gilliam, Jr. GRANTING PLAINTIFF'S #65 MOTION FOR CLASS CERITIFCATION. This order also GRANTS (docket nos. #64 , #74 and #79 ) Administrative Motions to File Under Seal. Case Management Statement due by 10/8/2020 and Further Case Management Conference set for 10/13/2020 02:00 PM. (ndrS, COURT STAFF) (Filed on 9/21/2020)
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Filing 95
Plaintiff's Notice Regarding Submitted Motion re #65 MOTION to Certify Class filed by Kathleen Smith. (Hirsch, Howard) (Filed on 9/9/2020) Modified on 9/10/2020 (cjlS, COURT STAFF).
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Filing 94
Transcript of Proceedings held on May 7, 2020, before Judge Haywood S. Gilliam. Court Reporter Diane E. Skillman, telephone number 925-899-2912, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #93 Transcript Order ) Release of Transcript Restriction set for 9/2/2020. (Related documents(s) #93 ) (Skillman, Diane) (Filed on 6/4/2020)
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Filing 93
TRANSCRIPT ORDER for proceedings held on 5/7/2020 before Judge Haywood S Gilliam, Jr by Kathleen Smith, for Court Reporter Diane Skillman. (Hirsch, Howard) (Filed on 5/11/2020)
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Filing 92
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING (Dkt. No. #89 ) Defendant's administrative motion to file supplemental exhibit in opposition to Plaintiff Kathleen Smith's class certification motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 5/8/2020)
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Filing 91
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Motion Hearing held on 5/7/2020. Total Time in Court: 46 Minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Howard Hirsch. Defendant Attorney: Creighton Magid and Kent Schmidt. Plaintiffs motion to certify class (docket no. #65 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 5/7/2020)
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Filing 90
OPPOSITION/RESPONSE (re #89 ADMINISTRATIVE MOTION Order Permitting Defendant Keurig Green Mountain, Inc. to File Supplemental Exhibit in Opposition to Plaintiff Kathleen Smith's Class Certification Motion re #75 Opposition/Response to Motion ) filed byKathleen Smith. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 5/7/2020)
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Filing 89
ADMINISTRATIVE MOTION Order Permitting Defendant Keurig Green Mountain, Inc. to File Supplemental Exhibit in Opposition to Plaintiff Kathleen Smith's Class Certification Motion re #75 Opposition/Response to Motion filed by Keurig Green Mountain, Inc.. Responses due by 5/11/2020. (Schmidt, Kent) (Filed on 5/7/2020)
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Filing 88
CLERK'S NOTICE. The May 7th hearing will be held telephonically. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929/Passcode: 6064255. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/1/2020)
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Filing 87
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKathleen Smith. (Attachments: #1 Exhibit A)(Hirsch, Howard) (Filed on 4/1/2020)
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Filing 86
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKathleen Smith. (Attachments: #1 Exhibit A)(Related document(s) #80 ) (Hirsch, Howard) (Filed on 3/11/2020)
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Filing 85
ORDER by Judge Haywood S. Gilliam, Jr. Granting #84 STIPULATION TO MODIFY HEARING DATE RE: CLASS CERTIFICATION (ECF NO. 83 ) PURSUANT TO LOCAL RULE 6-2. Motion to Certify Class Hearing set for 5/7/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (amgS, COURT STAFF) (Filed on 3/10/2020)
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Filing 84
STIPULATION WITH PROPOSED ORDER re 83 Clerk's Notice,, Set Motion and Deadlines/Hearings, filed by Kathleen Smith and Keurig Green Mountain, Inc. (Attachments: #1 Declaration, #2 Proposed Order)(Hirsch, Howard) (Filed on 3/9/2020) Modified on 3/9/2020 (jmlS, COURT STAFF).
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Filing 83
CLERK'S NOTICE. Notice is hereby given that the hearing on the #65 motion to certify class, previously set for March 19, 2020 is continued to April 30, 2020 before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/4/2020)
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Filing 82
Declaration of Chad Chen in Support of #79 Administrative Motion to File Under Seal filed byWM Recycle America, LLC, Waste Management National Services, Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Related document(s) #79 ) (Latiolait, Anthony) (Filed on 3/3/2020)
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Filing 81
Declaration of CREIGHTON R. MAGID in Support of #79 Administrative Motion to File Under Seal filed byKeurig Green Mountain, Inc.. (Related document(s) #79 ) (Schmidt, Kent) (Filed on 3/3/2020)
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Filing 80
REPLY (re #65 MOTION to Certify Class ) filed byKathleen Smith. (Attachments: #1 Declaration, #2 Certificate/Proof of Service)(Hirsch, Howard) (Filed on 2/28/2020)
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Filing 79
Administrative Motion to File Under Seal filed by Kathleen Smith. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Reply, #4 Redacted Reply Declaration, #5 Unredacted Reply, #6 Unredacted Reply Declaration)(Hirsch, Howard) (Filed on 2/28/2020)
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Filing 78
OPPOSITION/RESPONSE #76 MOTION to Extend Hearing Date and Reply Brief Deadline filed byKeurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 2/5/2020) Modified on 2/6/2020 (jjbS, COURT STAFF).
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Filing 77
ORDER by Judge Haywood S. Gilliam, Jr. Granting #76 Motion for Extension of Time to File Response/Reply Re #65 MOTION to Certify Class . Replies due by 2/28/2020. (ndrS, COURT STAFF) (Filed on 2/5/2020)
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Reset Hearing as to #65 MOTION to Certify Class , See Docket No. #77 : Motion Hearing set for 3/19/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 2/5/2020)
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Filing 76
MOTION to Modify Hearing and Briefing Schedule on #65 Motion to Certify Class filed by Kathleen Smith. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 2/4/2020) Modified on 2/5/2020 (jjbS, COURT STAFF). Modified on 2/5/2020 (jjbS, COURT STAFF).
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Filing 75
OPPOSITION/RESPONSE (re #65 MOTION to Certify Class ) filed byKeurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 2/3/2020) Modified on 2/4/2020 (jjbS, COURT STAFF).
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#Electronic filing error. Attorney did file the redacted version of the Opposition again in compliance with the filing under seal instructions. Please file the redacted version of the Opposition using the Opposition/Response event. Re: #74 Administrative Motion to File Under Seal in Opposition of Plaintiff's Motion for Class Certification; Declaration of Kent J. Schmidt in Support Thereof filed by Keurig Green Mountain, Inc. (jjbS, COURT STAFF) (Filed on 2/3/2020)
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Filing 74
Administrative Motion to File Under Seal in Opposition of Plaintiff's Motion for Class Certification; Declaration of Kent J. Schmidt in Support Thereof filed by Keurig Green Mountain, Inc.. (Attachments: #1 Redacted Version of Defendant Keurig Green Mountain, Inc.'s Opposition to Plaintiff's Motion for Class Certification, #2 Unredacted Version of Defendant Keurig Green Mountain, Inc.'s Opposition to Plaintiff's Motion for Class Certification, #3 Declaration of Kent J. Schmidt in Support of Defendant Keurig Green Mountain, Inc.'s Opposition to Plaintiff's Motion for Class Certification, #4 Exhibit 1 to Schmidt Declaration, #5 Exhibit 2 to Schmidt Declaration, #6 Exhibit 3 to Schmidt Declaration, #7 Exhibit Redacted Version of Exhibit 4 to Schmidt Declaration, #8 Exhibit Unredacted Version of Exhibit 4 to Schmidt Declaration, #9 Exhibit 5 to Schmidt Declaration, #10 Exhibit 6 to Schmidt Declaration, #11 Exhibit Redacted Version of Exhibit 7 to Schmidt Declaration, #12 Exhibit Unredacted Version of Exhibit 7 to Schmidt Declaration, #13 Exhibit Redacted Version of Exhibit 8 to Schmidt Declaration, #14 Exhibit Unredacted Version of Exhibit 8 to Schmidt Declaration, #15 Exhibit Redacted Version of Exhibit 9 to Schmidt Declaration, #16 Exhibit Unredacted Version of Exhibit 9 to Schmidt Declaration, #17 Exhibit 10 to Schmidt Declaration, #18 Exhibit 11 to Schmidt Declaration, #19 Exhibit 12 to Schmidt Declaration, #20 Exhibit 13 to Schmidt Declaration, #21 Exhibit 14 to Schmidt Declaration, #22 Proposed Order Granting Administrative Motion to Be Filed Under Seal)(Schmidt, Kent) (Filed on 1/31/2020)
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#Electronic filing error. Incorrect event used. [err101]. Correct Event is "Declaration in Support." Event can be found under Civil Events > Motions and Related Filing s > Other Supporting Documents > Declaration in Support. Corrected by Clerk's Office. No further action is necessary. Re: #73 Response ( Non Motion ) filed by Keurig Green Mountain, Inc. (jjbS, COURT STAFF) (Filed on 1/28/2020)
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Filing 73
Declaration of Creighton R. Magid in Response re #64 Administrative Motion to File Under Seal Portions of Plaintiff's Motion for Class Certification by Keurig Green Mountain, Inc.. (Singh, Navdeep) (Filed on 1/27/2020) Modified on 1/28/2020 (jjbS, COURT STAFF).
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Filing 72
Minute Entry for telephonic discovery conference held on 1/23/2020 before Magistrate Judge Kandis A. Westmore. FTR Time: Not Recorded. (shyS, COURT STAFF) (Date Filed: 1/23/2020)
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Filing 71
CLERK'S NOTICE RE 1/23/2020 TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (shyS, COURT STAFF) (Filed on 1/21/2020)
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Filing 70
ORDER by Judge Kandis A. Westmore granting #69 Request for Telephonic Conference. Telephone Conference set for 1/23/2020 at 01:00 PM before Magistrate Judge Kandis A. Westmore. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc2S, COURT STAFF) (Filed on 1/21/2020)
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Filing 69
Request for Telephonic Conference filed by Kathleen Smith. (Hirsch, Howard) (Filed on 1/16/2020) Modified on 1/17/2020 (jjbS, COURT STAFF).
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Filing 68
CORRECTED ORDER by Judge Haywood S. Gilliam, Jr. Granting Docket No. #66 Administrative Motion to Modify Hearing and Briefing Schedule on Motion for Class Certification. Responses due by 1/31/2020; Replies due by 2/14/2020 and Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 1/10/2020. (ndrS, COURT STAFF) (Filed on 1/10/2020)
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Filing 67
ORDER by Judge Haywood S. Gilliam, Jr. Granting #66 Administrative Motion to Modify Hearing and Briefing Schedule on Motion for Class Certification (as modified). (ndrS, COURT STAFF) (Filed on 1/6/2020)
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Reset Deadlines/Hearing as to #65 MOTION to Certify Class , See Docket No. #67 : Responses due by 1/31/2020; Replies due by 2/14/2020 and Motion Hearing set for 3/5/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 1/6/2020) Modified on 1/6/2020 to add docket no. 67 (ndrS, COURT STAFF).
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Filing 66
ADMINISTRATIVE MOTION to Modify Hearing and Briefing Schedule on Motion for Class Certification ; Declaration of Kent J. Schmidt in Support Thereof filed by Keurig Green Mountain, Inc.. Responses due by 1/6/2020. (Attachments: #1 Proposed Order Granting Administrative Motion to Modify Hearing and Briefing Schedule on Motion for Class Certification)(Schmidt, Kent) (Filed on 1/2/2020)
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#Electronic filing error. REMINDER TO COUNSEL: Proposed Order missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywo od S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. This is a text only docket entry. There is no document associated with this entry. Re: #65 MOTION to Certify Class filed by Kathleen Smith (jjbS, COURT STAFF) (Filed on 12/18/2019)
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Filing 65
MOTION to Certify Class filed by Kathleen Smith. Motion Hearing set for 2/13/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 1/17/2020. Replies due by 1/31/2020. (Attachments: #1 Redacted Version of Hirsch Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Hirsch, Howard) (Filed on 12/17/2019)
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Filing 64
Administrative Motion to File Under Seal Portions of Plaintiff's Motion for Class Certification filed by Kathleen Smith. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Motion, #4 Redacted Version of Hirsch Declaration, #5 Unredacted Version of Motion, #6 Unredacted Version of Hirsch Declaration, #7 Certificate/Proof of Service)(Hirsch, Howard) (Filed on 12/17/2019) Modified on 12/18/2019 (jjbS, COURT STAFF).
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Filing 63
ORDER by Judge Kandis A. Westmore terminating #59 Motion to Schedule a Case Management Conference. (kawlc2S, COURT STAFF) (Filed on 10/28/2019)
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Filing 62
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Haywood S. Gilliam, Jr. on 10/24/2019. (ndrS, COURT STAFF) (Filed on 10/24/2019)
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#Electronic filing error. REMINDER TO COUNSEL: In the future, please attach all supporting documents and proposed orders to the Motion. No further action is necessary. Re:[ 59] MOTION for Administrative Relief to Schedule a Case Management Conference filed by Kathleen Smith, #60 Declaration in Support filed by Kathleen Smith (jjbS, COURT STAFF) (Filed on 10/24/2019)
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CASE REFERRED to Magistrate Judge Kandis A. Westmore for Discovery (ahm, COURT STAFF) (Filed on 10/24/2019)
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Filing 61
Proposed Order re #59 ADMINISTRATIVE MOTION filed by Kathleen Smith. (Hirsch, Howard) (Filed on 10/23/2019) Modified on 10/24/2019 (jjbS, COURT STAFF). Modified on 10/24/2019 (jjbS, COURT STAFF).
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Filing 60
Declaration in Support of #59 ADMINISTRATIVE MOTION filed byKathleen Smith. (Related document(s) #59 ) (Hirsch, Howard) (Filed on 10/23/2019)
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Filing 59
MOTION for Administrative Relief to Schedule a Case Management Conference filed by Kathleen Smith. Responses due by 10/28/2019. (Hirsch, Howard) (Filed on 10/23/2019) Modified on 10/24/2019 (jjbS, COURT STAFF).
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Filing 58
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephone Conference held on 9/17/2019. FTR Time: 3:03-3:12. Plaintiff Attorney: Howard Hirsch appearing via courtcall. Defendant Attorney: Creighton Magid appearing via courtcall. The reset dates are as follows: 12/17/2019-class certification motion filing is due; 1/17/2020-opposition to the motion is due; 1/31/2020-reply to the opposition is due and 2/13/2020 at 2:00 p.m. hearing on class certification motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 9/17/2019) Modified on 9/25/2019 (jjbS, COURT STAFF).
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Filing 57
CLERK'S NOTICE SETTING TELEPHONIC CONFERENCE Re Docket No. #54 . Notice is hereby given that a Telephonic Conference has been set for September 17, 2019, before Judge Haywood S. Gilliam, Jr., at 3:00 p.m. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/9/2019) Modified on 9/9/2019 to add docket no. (ndrS, COURT STAFF).
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#Electronic filing error. REMINDER TO COUNSEL: In the future, please attach all supporting documents to the Stipulation. No further action is necessary. Re: #55 Declaration in Support filed by Kathleen Smith, #54 STIPULATION WITH PROPOSED ORDER filed by Kathleen Smith, Keurig Green Mountain, Inc. (jjbS, COURT STAFF) (Filed on 9/9/2019) Modified on 9/9/2019 (jjbS, COURT STAFF).
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Filing 56
CERTIFICATE OF SERVICE by Kathleen Smith re #55 Declaration in Support, #54 STIPULATION WITH PROPOSED ORDER (Hirsch, Howard) (Filed on 9/6/2019)
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Filing 55
Declaration in Support of #54 STIPULATION WITH PROPOSED ORDER filed byKathleen Smith. (Related document(s) #54 ) (Hirsch, Howard) (Filed on 9/6/2019)
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Filing 54
STIPULATION WITH PROPOSED ORDER to Modify Scheduling Order filed by Kathleen Smith and Keurig Green Mountain, Inc. (Attachments: #1 Proposed Order)(Hirsch, Howard) (Filed on 9/6/2019) Modified on 9/9/2019 (jjbS, COURT STAFF).
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Filing 53
ORDER by Judge Haywood S. Gilliam, Jr. Granting #52 Stipulation re Discovery of Electronically Stored Information for Standard Litigation. (ndrS, COURT STAFF) (Filed on 7/24/2019)
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Filing 52
STIPULATION WITH PROPOSED ORDER re Discovery of Electronically Stored Information for Standard Litigation filed by Kathleen Smith and Keurig Green Mountain, Inc. (Hirsch, Howard) (Filed on 7/23/2019) Modified on 7/24/2019 (jjbS, COURT STAFF).
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Filing 51
Answer to #20 Amended Complaint byKeurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 7/15/2019) Modified on 7/16/2019 (jjbS, COURT STAFF).
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Filing 50
ORDER by Judge Haywood S. Gilliam, Jr. DENYING #26 MOTION TO DISMISS. (ndrS, COURT STAFF) (Filed on 6/28/2019)
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Filing 49
ORDER by Judge Haywood S. Gilliam, Jr. Granting #48 Proposed Stipulated Protective Order. (ndrS, COURT STAFF) (Filed on 6/6/2019)
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Filing 48
STIPULATED PROTECTIVE ORDER WITH PROPOSED ORDER filed by Keurig Green Mountain, Inc. and Kathleen Smith. (Attachments: #1 Exhibit A-Acknowledgment and Agreement To Be Bound, #2 Certificate/Proof of Service)(Schmidt, Kent) (Filed on 5/31/2019) Modified on 6/3/2019 (ajsS, COURT STAFF).
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Filing 47
Transcript of Proceedings held on April 18, 2019, before Judge Haywood S. Gilliam, Jr. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #46 Transcript Order) Release of Transcript Restriction set for 8/20/2019. (Related document(s) #46 ) (rhm) (Filed on 5/22/2019)
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Filing 46
TRANSCRIPT ORDER for proceedings held on 4/18/2019 before Judge Haywood S Gilliam, Jr by Kathleen Smith, for Court Reporter Raynee Mercado. (Hirsch, Howard) (Filed on 4/19/2019)
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Filing 45
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 4/18/2019. Total Time in Court: 38 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Howard Hirsch and Ryan Berghoff. Defendant Attorney: Creighton Magid and Kent Schmidt. Defendants motion to dismiss (docket no. #26 ) is argued and submitted by the parties, and taken under submission by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/18/2019)
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Filing 44
OPPOSITION to #41 Request for Judicial Notice by Kathleen Smith. (Hirsch, Howard) (Filed on 3/15/2019) Modified on 3/18/2019 (jjbS, COURT STAFF).
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Filing 43
NOTICE of Appearance by Howard Judd Hirsch (Hirsch, Howard) (Filed on 3/14/2019)
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Reset Hearing as to #26 MOTION to Dismiss, See Docket No. 42 : Motion Hearing set for 4/18/2019 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 3/11/2019)
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Filing 42
ORDER by Hon. Haywood S. Gilliam, Jr. continuing the hearing on #26 Defendant's motion to dismiss to April 18, 2019 at 2:00 p.m. The pending #40 administrative motion is terminated as moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 3/11/2019)
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Filing 41
REPLY (re #26 MOTION to Dismiss First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byKeurig Green Mountain, Inc.. (Attachments: #1 Request for Judicial Notice)(Singh, Navdeep) (Filed on 3/8/2019)
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Filing 40
ADMINISTRATIVE MOTION for Leave to Continue Hearing on Defendant Keurig Green Mountain, Inc.'s Motion to Dismiss First Amended Class Action Complaint filed by Keurig Green Mountain, Inc.. Responses due by 3/12/2019. (Attachments: #1 Proposed Order Granting Administrative Motion for Leave to Continue Hearing on Defendant Keurig Green Mountain, Inc.'s Motion to Dismiss First Amended Class Action Complaint)(Schmidt, Kent) (Filed on 3/8/2019)
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Filing 39
OBJECTIONS to re #27 Request for Judicial Notice by Kathleen Smith. (Hirsch, Howard) (Filed on 2/22/2019)
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Filing 38
OPPOSITION/RESPONSE (re #26 MOTION to Dismiss First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byKathleen Smith. (Hirsch, Howard) (Filed on 2/22/2019)
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Filing 37
SCHEDULING ORDER by Judge Haywood S. Gilliam, Jr.: Motions due by 10/18/2019; Responses due by 11/18/2019; Replies due by 12/2/2019; Motion Hearing set for 12/12/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (This order terminates docket no. #35 ).(ndrS, COURT STAFF) (Filed on 2/14/2019)
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#Electronic filing error. Incorrect event used. [err101]. Correct Event is "Stipulation with Proposed Order." Event can be found under Civil Events > Motions and Related Filings > Stipulations > Stipulation and Proposed Order. In the future, Please file document using the correct event and caption in its entirety. No further action is necessary. Re: #35 Proposed Order filed by Keurig Green Mountain, Inc. (jjbS, COURT STAFF) (Filed on 2/11/2019) Modified on 2/11/2019 (jjbS, COURT STAFF).
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Filing 36
ORDER by Judge Haywood S. Gilliam, Jr. DENYING #25 MOTION TO STAY DISCOVERY PENDING RESOLUTION OF MOTION TO DISMISS. (ndrS, COURT STAFF) (Filed on 2/8/2019)
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Filing 35
STIPULATION WITH PROPOSED ORDER by Keurig Green Mountain, Inc. and Kathleen Smith (Schmidt, Kent) (Filed on 2/8/2019) Modified on 2/11/2019 (jjbS, COURT STAFF). Modified on 2/11/2019 (jjbS, COURT STAFF).
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Filing 34
OPPOSITION/RESPONSE (re #25 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss; Memorandum of Points and Authorities; Declaration of Kent J. Schmidt ) filed byKathleen Smith. (Hirsch, Howard) (Filed on 2/7/2019)
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Filing 33
Transcript of Proceedings held on February 5, 2019, before Judge Haywood S. Gilliam. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #31 Transcript Order ) Redaction Request due 2/28/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/8/2019. (Related documents(s) #31 ) (Columbini, Joan) (Filed on 2/7/2019)
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Filing 31
TRANSCRIPT ORDER for proceedings held on 2/5/2019 before Judge Haywood S Gilliam, Jr by Kathleen Smith, for Court Reporter FTR - Oakland. (Hirsch, Howard) (Filed on 2/6/2019)
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Filing 32
Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Initial Case Management Conference held on 2/5/2019. FTR Time: 2:03-2:19 (Assigned Court Reporter: Joan Columbini). Plaintiff Attorney: Howard Hirsch and Ryan Berghoff. Defendant Attorney: Keny Schmidt and Creighton Magid appearing via courtcall. The parties are directed to meet and confer and e-file a stipulation and proposed order setting a case schedule by February 8, 2019. The parties are directed to propose a schedule that assumes denial of the pending motion to stay (docket no. 25). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/5/2019) Modified on 2/6/2019 (napS, COURT STAFF).
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NOTICE TO COUNSEL: In the future, please attach a proposed order to the motion in compliance with the Local Rules. (jjbS, COURT STAFF) (Filed on 2/5/2019)
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Filing 30
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #29 motion to appear by telephone. Counsel shall contact CourtCall at (866) 582-6878 to make arrangements for the telephonic appearance. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 2/4/2019)
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Filing 29
First MOTION to Appear by Telephone at Initial Case Management Conference filed by Keurig Green Mountain, Inc.. (Singh, Navdeep) (Filed on 2/4/2019)
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Filing 28
JOINT CASE MANAGEMENT STATEMENT filed by Kathleen Smith and Keurig Green Mountain, Inc. (Hirsch, Howard) (Filed on 1/29/2019) Modified on 1/30/2019 (jjbS, COURT STAFF). Modified on 1/30/2019 (jjbS, COURT STAFF).
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Filing 27
Request for Judicial Notice re #26 MOTION to Dismiss filed byKeurig Green Mountain, Inc.. (Attachments: #1 Exhibits 1-4 to RJN)(Related document(s) #26 ) (Singh, Navdeep) (Filed on 1/28/2019) Modified on 1/29/2019 (jjbS, COURT STAFF).
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Filing 26
MOTION to Dismiss First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof filed by Keurig Green Mountain, Inc. Motion Hearing set for 3/21/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. Responses due by 2/11/2019. Replies due by 2/19/2019. (Attachments: #1 Proposed Order Granting Defendant Keurig Green Mountain, Inc.'s Motion To Dismiss First Amended Class Action Complaint)(Singh, Navdeep) (Filed on 1/28/2019) Modified on 1/29/2019 (jjbS, COURT STAFF).
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Filing 25
MOTION to Stay Discovery Pending Resolution of Motion to Dismiss; Memorandum of Points and Authorities; Declaration of Kent J. Schmidt filed by Keurig Green Mountain, Inc.. Motion Hearing set for 4/25/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/7/2019. Replies due by 2/14/2019. (Attachments: #1 Proposed Order Granting Defendant Keurig Green Mountain, Inc.'s Motion to Stay Discovery Pending Resolution of Motion to Dismiss)(Schmidt, Kent) (Filed on 1/24/2019)
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Filing 24
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hirsch, Howard) (Filed on 1/15/2019)
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Filing 23
ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Stipulation To Extend Time to Respond To First Amended Complaint Pursuant to Local Rule 6-1(A) and For Extension of Briefing Schedule on Motion To Dismiss. (ndrS, COURT STAFF) (Filed on 1/11/2019)
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Filing 22
STIPULATION WITH PROPOSED ORDER re #20 Amended Complaint Stipulation To Extend Time to Respond To First Amended Complaint Pursuant to Local Rule 6-1(A) and For Extension of Briefing Schedule on Motion To Dismiss filed by Keurig Green Mountain, Inc.. (Attachments: #1 Proposed Order Approving Stipulation To Extend Time To Respond To First Amended Complaint Pursuant to Local Rule 6-1(A) and For Extension of Briefing Schedule on Motion To Dismiss)(Singh, Navdeep) (Filed on 1/10/2019)
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Filing 21
Certificate of Interested Entities by Kathleen Smith (Hirsch, Howard) (Filed on 12/28/2018)
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Filing 20
AMENDED COMPLAINT against Keurig Green Mountain, Inc.. Filed byKathleen Smith. (Hirsch, Howard) (Filed on 12/28/2018)
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Reset Deadlines as to #18 MOTION to Dismiss Class Action Complaint, See Docket No. 17 : Responses due by 1/11/2019 and Replies due by 1/25/2019. (ndrS, COURT STAFF) (Filed on 12/11/2018)
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Filing 19
Request for Judicial Notice re #18 MOTION to Dismiss Class Action Complaint; Memorandum of Points and Authorities In Support Thereof filed byKeurig Green Mountain, Inc.. (Attachments: #1 Exhibit 1-4)(Related document(s) #18 ) (Schmidt, Kent) (Filed on 12/7/2018)
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Filing 18
MOTION to Dismiss Class Action Complaint; Memorandum of Points and Authorities In Support Thereof filed by Keurig Green Mountain, Inc.. Motion Hearing set for 3/21/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/21/2018. Replies due by 12/28/2018. (Attachments: #1 Proposed Order Granting Defendant Keurig Green Mountain, Inc.'s Motion To Dismiss Class Action Complaint)(Schmidt, Kent) (Filed on 12/7/2018)
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#Electronic filing error. Incorrect event used. [err101]. Correct event is "STIPULATION AND PROPOSED ORDER." Event can be found under Civil Events > Motions and Relate d Filings > Stipulations > Stipulation and Proposed Order.Corrected by Clerk's Office. No further action Is necessary. Re: #16 Stipulation, filed by Kathleen Smith, Keurig Green Mountain, Inc. (jjbS, COURT STAFF) (Filed on 12/4/2018)
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Set Deadlines/Hearing, See Docket No 17 : Motions due by 12/7/2018, Responses due by 1/11/2019, Replies due by 1/25/2019 and Motion Hearing set for 3/21/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/3/2018)
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Filing 17
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING IN PART and DENYING IN PART the parties' stipulated schedule. See Dkt. No. 16. The Court GRANTS the parties' schedule as to briefing on the motion to dismiss, but DENIES the proposed hearing date. The hearing date is scheduled for March 21, 2019 at 2:00 p.m., which is the Court's next available hearing date. In the future, counsel is directed to check the Court's scheduling notes before proposing hearing dates. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 12/3/2018)
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Filing 16
STIPULATION to Extend Time to Respond to Class Action Complaint Pursuant to Local Rule 6-1(a) and for Briefing and Hearing Schedule on Motion to Dismiss filed by Keurig Green Mountain, Inc., and Kathleen Smith. (Schmidt, Kent) (Filed on 11/30/2018) Modified on 12/3/2018 (jjbS, COURT STAFF).
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Filing 15
ORDER by Judge Haywood S. Gilliam, Jr. Granting #14 Motion for Pro Hac Vice as to Creighton R. Magid. (ndrS, COURT STAFF) (Filed on 11/27/2018)
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Filing 14
MOTION for leave to appear in Pro Hac Vice Creighton R. Magid ( Filing fee $ 310, receipt number 0971-12863924.) filed by Keurig Green Mountain, Inc.. (Magid, Creighton) (Filed on 11/20/2018)
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Filing 13
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for February 5, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 29, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:18-cv-06690-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 11/20/2018)
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Filing 12
ORDER, Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case.. Signed by Executive Committee on 11/19/18. (haS, COURT STAFF) (Filed on 11/19/2018)
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Filing 11
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 11/19/2018)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Keurig Green Mountain, Inc... (Schmidt, Kent) (Filed on 11/16/2018)
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Filing 9
CERTIFICATE OF SERVICE by Keurig Green Mountain, Inc. (Schmidt, Kent) (Filed on 11/8/2018)
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Filing 8
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/24/2018. Initial Case Management Conference set for 1/31/2018 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 11/6/2018)
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Filing 7
STIPULATION to Extend Time to Respond to Class Action Complaint Pursuant to Local Rule 6-1(a) filed by Keurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 11/6/2018)
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Filing 6
Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 11/19/2018. (srnS, COURT STAFF) (Filed on 11/5/2018)
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Filing 5
Civil Cover Sheet by Keurig Green Mountain, Inc. . (Schmidt, Kent) (Filed on 11/5/2018)
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Filing 4
Civil Cover Sheet by Keurig Green Mountain, Inc. . (Schmidt, Kent) (Filed on 11/5/2018)
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Filing 3
Certificate of Interested Entities by Keurig Green Mountain, Inc. identifying Corporate Parent Keurig Dr Pepper, Inc., Other Affiliate Mondelez International, Inc., Other Affiliate JAB Holding Company S.a r.l., Other Affiliate Mondelez International Holdings, LLC for Keurig Green Mountain, Inc.. (Schmidt, Kent) (Filed on 11/2/2018)
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Filing 2
Civil Cover Sheet by Keurig Green Mountain, Inc. . (Schmidt, Kent) (Filed on 11/2/2018)
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Filing 1
NOTICE OF REMOVAL OF CLASS ACTION BY DEFENDANT KEURIG GREEN MOUNTAIN, INC. from Alameda County Superior Court. Their case number is RG18922722. (Filing fee $400 receipt number 0971-12819066). Filed byKeurig Green Mountain, Inc.. (Attachments: #1 Appendix of State Court Pleadings and Documents, #2 Exhibit A-E to Appendix)(Schmidt, Kent) (Filed on 11/2/2018)
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