Brazil v. Dole Food Company, Inc. et al
| Chad Brazil and Brazil |
| Dole Food Company, Inc., Dole Packaged Food, LLC and Dole Food Company, Inc |
| 5:2012cv01831 |
| April 11, 2012 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Cruz |
| Lucy H Koh |
| Howard R Lloyd |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2018. A more recent docket listing may be available from PACER.
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Filing 260
Order by Judge Lucy H. Koh granting #259 Motion to Withdraw as Attorney..(lhklc3, COURT STAFF) (Filed on 5/31/2018)
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| Filing 259 MOTION to Withdraw as Attorney Unopposed Motion to Withdraw as Counsel for Plaintiff and Proposed Order filed by Chad Brazil. Responses due by 6/13/2018. Replies due by 6/20/2018. (Barrett, Charles) (Filed on 5/30/2018) |
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Filing 258
Order to Stay Proceedings. Signed by Judge Lucy H. Koh on 10/17/2017. (lhklc3, COURT STAFF) (Filed on 10/17/2017)
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| Filing 257 **CLERK'S NOTICE** The 10/18/2017 CMC has been VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 10/17/2017) |
| Filing 256 CASE MANAGEMENT STATEMENT Updated Joint Case Management Statement filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 10/11/2017) |
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Filing 255
Order by Judge Lucy H. Koh granting #254 Motion for Pro Hac Vice.(lhklc3, COURT STAFF) (Filed on 10/11/2017)
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| Filing 254 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11781281.) filed by Chad Brazil. (Attachments: #1 Certificate of Good Standing)(McMullan, David) (Filed on 10/9/2017) |
| Filing 253 **CLERK'S NOTICE REGARDING THE NEXT CASE MANAGEMENT CONFERENCE** Pursuant to this Notice, a further CMC is SET for 10/18/2017 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. A Joint Case Management Conference Statement is due 7-days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 8/11/2017) |
| Filing 252 USCA Memorandum as to #244 Notice of Appeal, filed by Chad Brazil FILED MEMORANDUM DISPOSITION. In conclusion, the district courts orders granting summary judgment and dismissing Brazils individual claim of unjust enrichment are REVERSED. The orders dismissing Brazils illegal-product claims and the proposed class claim of unjust enrichment are AFFIRMED. Likewise the district courts decisions on class certification are AFFIRMED. This case is REMANDED to allow Brazil to pursue injunctive relief on behalf of the class and his remaining individual claim for restitution. The parties shall bear their own costs. FILED AND ENTERED JUDGMENT (bwS, COURT STAFF) (Filed on 9/30/2016) |
| Filing 251 Costs Taxed in amount of $ 8,516.12 against Chad Brazil. (jgS, COURT STAFF) (Filed on 1/14/2015) |
| Filing 250 TRANSCRIPT ORDER by Chad Brazil for Court Reporter Summer Fisher. (Barrett, Charles) (Filed on 1/13/2015) |
| Filing 249 TRANSCRIPT ORDER by Chad Brazil for Court Reporter Georgina Galvan-Colin. (Barrett, Charles) (Filed on 1/13/2015) |
| Filing 248 TRANSCRIPT ORDER by Chad Brazil for Court Reporter Lee-Anne Shortridge. (Barrett, Charles) (Filed on 1/13/2015) |
| Filing 247 Declaration of William L. Stern in Support of #246 Bill of Costs filed byDole Packaged Food, LLC. (Attachments: #1 Schedule A-1, #2 Exhibit A-1, #3 Schedule A-2, #4 Exhibit A-2, #5 Schedule B-1, #6 Exhibit B-1)(Related document(s) #246 ) (Stern, William) (Filed on 12/22/2014) |
| Filing 246 BILL OF COSTS by Dole Packaged Food, LLC. (Stern, William) (Filed on 12/22/2014) |
| Filing 245 USCA Case Number 14-17480 Ninth Circuit Court of Appeals for #244 Notice of Appeal, filed by Chad Brazil. The schedule is set as follows: Mediation Questionnaire due on 12/26/2014. Transcript ordered by 01/16/2015. Transcript due 02/17/2015. Appellant Chad Brazil opening brief due 03/27/2015. Appellee Dole Packaged Foods, LLC answering brief due 04/27/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. (Attachments: #1 USCA Time Schedule Order)(dhmS, COURT STAFF) (Filed on 12/19/2014) |
| Filing 244 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Chad Brazil. (Appeal fee of $505 receipt number 0971-9153609 paid.) Pl's Notice of Appeal With Ninth Circuit Rule 3-2 Representation Statement (Barrett, Charles) (Filed on 12/17/2014) |
| Filing 243 JUDGMENT. Signed by Judge Lucy H. Koh on 12/8/2014. (lhklc3S, COURT STAFF) (Filed on 12/8/2014) |
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Filing 242
ORDER by Judge Lucy H. Koh granting in part and denying in part #225 Administrative Motion to File Under Seal (lhklc3S, COURT STAFF) (Filed on 12/8/2014)
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Filing 241
ORDER by Judge Lucy H. Koh denying #228 Motion for Leave to File Motion for Reconsideration (lhklc3S, COURT STAFF) (Filed on 12/8/2014)
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Filing 240
ORDER by Judge Lucy H. Koh granting #168 Motion for Summary Judgment, and denying as moot Motion to Strike (lhklc3S, COURT STAFF) (Filed on 12/8/2014)
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| Filing 239 MOTION in Limine #3 to Exclude Evidence, Testimony and Argument Related to Dr. Kent Van Liere filed by Chad Brazil. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Barrett, Charles) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 238 MOTION in Limine #2 Regarding Supplier Declarations filed by Chad Brazil. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Barrett, Charles) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 237 MOTION in Limine #1 Regarding Dr. Montville's Testimony filed by Chad Brazil. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Barrett, Charles) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 236 MOTION in Limine No. 3 to Exclude the FDA Warning Letters Offered by Plaintiff as Exhibits 119-136 filed by Dole Packaged Food, LLC. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 235 MOTION in Limine No. 2 to Exclude the Testimony of F. Edward Scarbrough filed by Dole Packaged Food, LLC. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 234 MOTION in Limine No. 1 to Exclude the Testimony of Julie Caswell filed by Dole Packaged Food, LLC. Motion Hearing set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 12/18/2014. Replies due by 12/26/2014. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
| Filing 233 Joint Pretrial Statement and Proposed Order by Dole Packaged Food, LLC . (Attachments: #1 Exhibit A)(Stern, William) (Filed on 12/4/2014) Modified text on 12/5/2014 (dhmS, COURT STAFF). |
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Filing 232
ORDER VACATING MOTION HEARING AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 12/3/2014. (lhklc3S, COURT STAFF) (Filed on 12/3/2014)
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| Set/Reset Hearing re #232 : Case Management Conference continued to 12/18/2014 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 12/3/2014) |
| Filing 231 Joint Notice Regarding Case Managment Statement by Dole Packaged Food, LLC (Stern, William) (Filed on 11/26/2014) Modified text on 11/28/2014 (dhmS, COURT STAFF). |
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Filing 230
ORDER by Judge Lucy H. Koh denying #229 Motion to Continue (lhklc3S, COURT STAFF) (Filed on 11/24/2014)
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| Filing 229 MOTION to Continue filed by Chad Brazil. (Attachments: #1 Proposed Order)(Barrett, Charles) (Filed on 11/21/2014) |
| Filing 228 MOTION for Leave to File Pl's Motion for Leave to File a Motion for Reconsideration of the November 6, 2014 Order on the Motion to Decertify and the March 25, 2013 Order on the Motion to Dismiss the First Amended Complaint filed by Chad Brazil. (Attachments: #1 Proposed Order)(Barrett, Charles) (Filed on 11/19/2014) |
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Filing 227
ORDER of USCA: Petitioners motion for voluntary withdrawal of this petition for permission to appeal is granted. This petition is dismissed. See Fed. R. App. P. 42(b). (dhmS, COURT STAFF) (Filed on 11/18/2014)
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Filing 226
ORDER RE PLAINTIFF'S FILING OF UNREDACTED DOCUMENTS. Signed by Judge Lucy H. Koh on 11/14/2014. (lhklc3, COURT STAFF) (Filed on 11/14/2014)
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| Filing 225 Administrative Motion to File Under Seal filed by Dole Packaged Food, LLC. (Attachments: #1 Proposed Order, #2 Declaration of W. Stern ISO Admin Motion to File Under Seal, #3 Exhibit D (Redacted), #4 Exhibit 15 (Redacted), #5 Exhibit 16 (Redacted), #6 Exhibit 17 (Redacted), #7 Exhibit 18 (Redacted), #8 Exhibit 19 (Redacted), #9 Exhibit 25 (Redacted), #10 Exhibit 26 (Redacted), #11 Exhibit 27 (Redacted), #12 Exhibit 30 (Redacted), #13 Plaintiff's Opposition to Motion for Summary Judgment, #14 Exhibit D (Unredacted), #15 Exhibit 15 (Unredacted), #16 Exhibit 16 (Unredacted), #17 Exhibit 17 (Unredacted), #18 Exhibit 18 (Unredacted), #19 Exhibit 19 (Unredacted), #20 Exhibit 25 (Unredacted), #21 Exhibit 26 (Unredacted), #22 Exhibit 27 (Unredacted), #23 Exhibit 30 (Unredacted), #24 Plaintiff's Opposition to Motion for Summary Judgment (Unredacted))(Stern, William) (Filed on 11/13/2014) |
| Filing 224 Plaintiff's Notice of Filing documents regarding Court's Order of 11/6/14 [Doc 220] re Various Admin Motions to Seal by Chad Brazil (Attachments: #1 Exhibit Exhibit B to Expert Report of Dr. Oral Capps (redacted), #2 Exhibit Exhibit C to Expert Report of Dr. Oral Capps, #3 Exhibit Exhibit D to Expert Report of Dr. Oral Capps, #4 Exhibit 10/21/04 Hany Farag Email, #5 Exhibit 5/2/11 Paul Gross Email, #6 Exhibit 8/23/12 Paul Gross Email, #7 Exhibit 2/25/11 Hany Farag Email, #8 Exhibit 11/9/07 Kimberly Galante Email, #9 Exhibit Ex 30 to Brazil's Opp to Dole's MSJ 2009 IRI Report "Times & Trends")(Barrett, Charles) (Filed on 11/13/2014) Modified text on 11/14/2014 (smsS, COURT STAFF). Modified on 11/14/2014 (dhmS, COURT STAFF). |
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Filing 223
ORDER CONTINUING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 11/10/2014. (lhklc3, COURT STAFF) (Filed on 11/10/2014)
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| Filing 222 JOINT STATUS UPDATE by Dole Packaged Food, LLC. (Stern, William) (Filed on 11/10/2014) Modified text on 11/12/2014 (dhmS, COURT STAFF). |
| Set/Reset Hearing re #223 Order: Case Management Conference and hearing on the Motion for Summary Judgment set for 12/4/2014 at 9:00 AM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 11/10/2014) |
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Filing 221
ORDER FOR PARTIES TO MEET AND CONFER AND TO FILE A JOINT STATUS UPDATE. Signed by Judge Lucy H. Koh on 11/6/2014. (lhklc3S, COURT STAFF) (Filed on 11/6/2014)
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Filing 220
ORDER by Judge Lucy H. Koh granting in part and denying in part #170 Administrative Motion to File Under Seal; denying #176 Administrative Motion to File Under Seal; granting in part and denying in part #178 Administrative Motion to File Under Seal; granting in part and denying in part #179 Administrative Motion to File Under Seal; denying #187 Administrative Motion to File Under Seal (lhklc3S, COURT STAFF) (Filed on 11/6/2014)
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Filing 219
ORDER by Judge Lucy H. Koh granting in part and denying in part #171 Motion [SEALED VERSION](lhklc3S, COURT STAFF) (Filed on 11/6/2014)
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Filing 218
ORDER by Judge Lucy H. Koh granting in part and denying in part #171 Motion [REDACTED VERSION] (lhklc3, COURT STAFF) (Filed on 11/6/2014)
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| Filing 217 JOINT NOTICE Regarding Case Managment Statement by Dole Packaged Food, LLC re #207 Joint Case Management Statement (Stern, William) (Filed on 11/6/2014) Modified text on 11/10/2014 (dhmS, COURT STAFF). |
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Filing 216
ORDER SETTING SUMMARY JUDGMENT MOTION HEARING. Signed by Judge Lucy H. Koh on 10/16/2014. (lhklc3S, COURT STAFF) (Filed on 10/16/2014)
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| Filing 215 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 10/16/2014) |
| Set/Reset Hearing re #216 Order : Hearing on Motion for Summary Judgment set for 11/13/2014 at 1:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (sms, COURT STAFF) (Filed on 10/16/2014) |
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Filing 214
ORDER VACATING MOTION HEARING AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 10/15/2014. (lhklc3S, COURT STAFF) (Filed on 10/15/2014)
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| Set/Reset Hearing re #214 Order: Motion hearing is vacated per the Order. Tomorrow's CMC is continued to 11/13/2014 at 1:30 PM in Courtroom 8, 4th Floor, San Jose. (sms, COURT STAFF) (Filed on 10/15/2014) |
| Filing 213 ERRATA #210 Additional Redacted Pl's Opp to Def's Motion for Summary Judgment -[Doc 180] by Chad Brazil. (Barrett, Charles) (Filed on 10/10/2014) Modified text on 10/14/2014 (dhmS, COURT STAFF). |
| Filing 212 REDACTION to #180 Opposition/Response to Motion,,,,,,,,,,, [Doc 180-4] [Doc 180-5] Spare Deposition redacted by Chad Brazil. (Barrett, Charles) (Filed on 10/10/2014) |
| Filing 211 REDACTED [180-3] Farag Deposition by Chad Brazil. (Barrett, Charles) (Filed on 10/10/2014) Modified text on 10/14/2014 (dhmS, COURT STAFF). |
| Filing 210 REDACTED #180 Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Chad Brazil. (Barrett, Charles) (Filed on 10/10/2014) Modified on 10/14/2014 linking entry to document #180 (dhmS, COURT STAFF). |
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Filing 209
ORDER INFORMING PLAINTIFF OF NEED TO RE-FILE DOCUMENTS (lhklc3S, COURT STAFF) (Filed on 10/9/2014)
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| Filing 208 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 10/9/2014) |
| Filing 207 JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 10/9/2014) |
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Filing 206
ORDER by Judge Lucy H. Koh granting #204 Motion to Remove Incorrectly Filed Documents (lhklc3S, COURT STAFF) (Filed on 10/6/2014)
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| Filing 205 Statement in Support of #204 MOTION to Remove Incorrectly Filed Documents Plaintiff's Motion to Remove Exhibits 3 & 4 to Pl's Opp to Def's MSJ (Confidential) [Doc 180-3, 180-4 &180-5] and replace with cited pages attached hereto by Dole Packaged Food, LLC. (Stern, William) (Filed on 10/6/2014) Modified text on 10/7/2014 (dhmS, COURT STAFF). |
| Filing 204 MOTION to Remove Incorrectly Filed Document Plaintiff's Motion to Remove Exhibits 3 & 4 to Pl's Opp to Def's MSJ (Confidential) [Doc 180-3, 180-4 &180-5] and replace with cited pages attached hereto filed by Chad Brazil. (Attachments: #1 Exhibit 3 - Hany Farag deposition, #2 Exhibit 4 - David Spare deposition, #3 Proposed Order)(Barrett, Charles) (Filed on 10/1/2014) |
| Filing 203 REPLY in Support of ( #168 MOTION for Summary Judgment and Motion to Strike the Testimoy of Julie Caswell and Ed Scarbrough ) filed by Dole Packaged Food, LLC. (Attachments: #1 Declaration of Dr. Kent Van Liere)(Stern, William) (Filed on 9/25/2014) Modified text on 9/26/2014 (dhmS, COURT STAFF). |
| Filing 202 REPLY in Support of ( #171 MOTION Motion to Decertify re #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel ) filed by Dole Packaged Food, LLC. (Attachments: #1 Declaration of William L. Stern, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Stern, William) (Filed on 9/25/2014) Modified text on 9/26/2014 (dhmS, COURT STAFF). |
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Filing 201
ORDER by Judge Lucy H. Koh granting #191 Motion to Remove Incorrectly Filed Documents (lhklc3, COURT STAFF) (Filed on 9/25/2014)
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| Filing 200 Statement in Support of #191 MOTION to Remove Incorrectly Filed Documents (Dkt. 191) by Dole Packaged Food, LLC. (Stern, William) (Filed on 9/24/2014) Modified text on 9/25/2014 (dhmS, COURT STAFF). |
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Filing 199
ORDER by Judge Lucy H. Koh granting #196 Motion for Pro Hac Vice (lhklc3, COURT STAFF) (Filed on 9/24/2014)
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Filing 198
ORDER by Judge Lucy H. Koh granting #195 Motion for Pro Hac Vice (lhklc3, COURT STAFF) (Filed on 9/24/2014)
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Filing 197
ORDER by Judge Lucy H. Koh granting #194 Motion for Pro Hac Vice (lhklc3, COURT STAFF) (Filed on 9/24/2014)
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| Filing 196 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8941087.) filed by Chad Brazil. (Attachments: #1 Supplement)(Riddle, Kristofer) (Filed on 9/23/2014) |
| Filing 195 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8941061.) filed by Chad Brazil. (Attachments: #1 Supplement)(Dunn, Colin) (Filed on 9/23/2014) |
| Filing 194 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8941014.) filed by Chad Brazil. (Attachments: #1 Supplement)(Clifford, Robert) (Filed on 9/23/2014) |
| Filing 193 UPDATE ON THE STATUS of Defendants Fed. R. Civ. P. 23(f) Petition by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 9/23/2014) Modified text on 9/24/2014 (dhmS, COURT STAFF). |
| Filing 192 Declaration of William L. Stern in Support of #187 Administrative Motion to File Under Seal Exhibit 30 to Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed byDole Packaged Food, LLC. (Related document(s) #187 ) (Stern, William) (Filed on 9/22/2014) |
| Filing 191 MOTION to Remove Incorrectly Filed Document documents with sensitive information [Doc 180] & [Doc 180-35] filed by Chad Brazil. (Attachments: #1 Proposed Order, #2 Exhibit Redacted Brief-Pl Opp to Def MSJ, #3 Exhibit 30-Redacted)(Barrett, Charles) (Filed on 9/19/2014) |
| Filing 190 Second Request for Judicial Notice in Support of #180 Memorandum in Opposition to Summary Judgment filed by Chad Brazil. (Related document(s) #180 ) (Barrett, Charles) (Filed on 9/17/2014) Modified text on 9/18/2014 (dhmS, COURT STAFF). |
| Filing 189 RESPONSE to #173 Plaintiff's Proposed Class Certification Notice Plan by Dole Packaged Food, LLC. (Attachments: #1 Declaration of William L. Stern, #2 Exhibit A)(Stern, William) (Filed on 9/17/2014) Modified text on 9/18/2014 (dhmS, COURT STAFF). |
| This entry is to correct an incorrect time on Docket Entry 171: to clarify, the hearing on 10/16/14 is at 1:30 PM not 1:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (sms, COURT STAFF) (Filed on 9/17/2014) |
| Filing 188 Declaration of Charles F. Barrett in Support of #180 Opposition/Response to Motion,,,,,,,,, filed byChad Brazil. (Related document(s) #180 ) (Barrett, Charles) (Filed on 9/16/2014) |
| Filing 187 Administrative Motion to File Under Seal Exhibit 30 to #180 Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by Chad Brazil. (Attachments: #1 Declaration of Charles Barrett, #2 Proposed Order, #3 Exhibit 30-REDACTED, #4 Exhibit 30-UNREDACTED)(Barrett, Charles) (Filed on 9/16/2014) Modified on 9/17/2014 linking entry to document #180 (dhmS, COURT STAFF). |
| Filing 186 REDACTION to #180 Opposition/Response to Motion,,,,,,,,, REDACTED Exhibit 30 to replace Exhibit 30 [Doc 180-35] filed 9/11/14 by Chad Brazil. (Barrett, Charles) (Filed on 9/16/2014) |
| Filing 185 Declaration of William L. Stern in Support of #181 Exhibits to an Administrative Motion to File Under Seal,, #178 Administrative Motion to File Under Seal re Pl's Opp to Def's Motion for Summary Judgment filed byDole Packaged Food, LLC. (Related document(s) #181 , #178 ) (Stern, William) (Filed on 9/15/2014) |
| Filing 184 Declaration of William L. Stern in Support of #179 Administrative Motion to File Under Seal Pl's Opposition to Def's Motion for Summary Judgment filed byDole Packaged Food, LLC. (Related document(s) #179 ) (Stern, William) (Filed on 9/15/2014) |
| Filing 183 Declaration of William L. Stern in Support of #176 Administrative Motion to File Under Seal Certain Documents in Re: Plaintiff's Response to Defendant's Motion to Decertify Class filed byDole Packaged Food, LLC. (Related document(s) #176 ) (Stern, William) (Filed on 9/15/2014) |
| Filing 182 Request for Judicial Notice in Support of #180 Memorandum in Opposition to Summary Judgment filed by Chad Brazil. (Related document(s) #180 ) (Barrett, Charles) (Filed on 9/11/2014) Modified text on 9/15/2014 (dhmS, COURT STAFF). |
| Filing 181 EXHIBITS re #178 Administrative Motion to File Under Seal re Pl's Opp to Def's Motion for Summary Judgment Amd Prop Order & Additional Exhibits to Pls Motion to File Under Seal re Pls Opp to Def Motion for Summary Judgment filed byChad Brazil. (Attachments: #1 Exhibit 25-REDACTED Dole Presentation 7/12/12, #2 Exhibit 26-REDACTED Dole Presentation 1/29/10, #3 Exhibit 27-REDACTED Wharf Research Report 5/13-14/10, #4 Exhibit 25-UNREDACTED Email from Hany Farag 4/5/6, #5 Exhibit 26-UNREDACTED Dole Presentation 7/12/12, #6 Exhibit 27-UNREDACTED Wharf Research Report 5/13-14/10)(Related document(s) #178 ) (Barrett, Charles) (Filed on 9/11/2014) |
| Filing 180 OPPOSITION to ( #168 MOTION for Summary Judgment and Motion to Strike the Testimoy of Julie Caswell and Ed Scarbrough ) filed by Chad Brazil. OPPOSITION REMOVED - SEE ORDER #201 (Attachments: #1 Exhibit 1-Deposition-Chad Brazil 12/16/13, #2 Exhibit 2-Deposition of Hany Farag 12/11/13, #3 Exhibit 3-Deposition of Hany Farag 4/9/14, DOCUMENT TEMPORARILY LOCKED #4 Exhibit 4-Deposition of David Spare-part 1, DOCUMENT TEMPORARILY LOCKED #5 Exhibit 4-Deposition of David Spare-part 2, DOCUMENT TEMPORARILY LOCKED #6 Exhibit 5-Expert Report of Dr. Kurt Hong, #7 Exhibit 6-Expert Report of Dr. Julie Caswell, #8 Exhibit 7-Expert Report of Dr. Ed Scarbrough, #9 Exhibit 8-Expert Report of Dr. Oral Capps with exhibits (sealed), #10 Exhibit 9-FDA Letter to Hon. Yvonne Gonzalez Rogers 1/6/14, #11 Exhibit 10-FDA Warning Letter 8/16/01 to Oak Tree Farm Dairy, #12 Exhibit 11-FDA Warning Letter 8/29/01 to Hirzel Canning Co, #13 Exhibit 12-FDA Website 8/25/14, #14 Exhibit 13-National Organic Standards Board File Checklist 2/6/95, #15 Exhibit 14-US International Trade Commission Report (1995) -part 1, #16 Exhibit 14-US International Trade Commission Report (1995) -part 2, #17 Exhibit 14-US International Trade Commission Report (1995) -part 3, #18 Exhibit 14-US International Trade Commission Report (1995) -part 4, #19 Exhibit 15-REDACTED-Email from Hany Farag, #20 Exhibit 16-REDACTED-Email from Paul Gross, #21 Exhibit 17-REDACTED-Email from Paul Gross, #22 Exhibit 18-REDACTED-Email from Hany Farag, #23 Exhibit 19-REDACTED-Email from Kimberly Galante, #24 Exhibit 20-FDA Warning Letter 10/6/10 to Chiquita Brands, #25 Exhibit 21-FDA-A Food Labeling Guide-part 1, #26 Exhibit 21-FDA-A Food Labeling Guide-part 2, #27 Exhibit 22-REDACTED-Email from Hany Farag, #28 Exhibit 23-FDA Warning Letter 3/11/11 to Shemshad Food Products, #29 Exhibit 24-FDA Warning Letter 11/16/11 to Alexia Foods, #30 Exhibit 25-REDACTED Dole Presentation 7/12/12, #31 Exhibit 26-REDACTED Dole Presentation 1/29/10, #32 Exhibit 27-REDACTED Wharf Research Report, #33 Exhibit 28-Consumer Reports Survey 4/04, #34 Exhibit 29-Natural Marketing Institute Report 3/08, #35 Exhibit 30-IRI Report "Time & Trends" 2009, DOCUMENT REMOVED - SEE ORDER #201 #36 Exhibit 31-Eco Pulse Survey 4/09, #37 Exhibit 32-Mintel Intl Group Survey 3/10, #38 Exhibit 33-Context Marketing Research Report 10/09, #39 Exhibit 34-Packages Facts Marketwire Article 6/13/11)(Barrett, Charles) (Filed on 9/11/2014) Modified text on 9/15/2014 (dhmS, COURT STAFF). Modified text on 9/17/2014 (dhmS, COURT STAFF). (Main Document 180 replaced on 9/26/2014) (sp, COURT STAFF). (Attachment 35 replaced on 9/26/2014) (sp, COURT STAFF). Modified on 9/26/2014 (sp, COURT STAFF). Modified on 10/2/2014 ATTACHMENTS #3, 4 AND 5 TEMPORARILY LOCKED (dhmS, COURT STAFF). |
| Filing 179 Administrative Motion to File Under Seal Pl's Opposition to Def's Motion for Summary Judgment filed by Chad Brazil. (Attachments: #1 Declaration of Charles Barrett, #2 Proposed Order, #3 Exhibit REDACTED-Pls Opposition to Defendant's Motion for Summary Judgment, #4 Exhibit UNREDACTED-Pls Opposition to Defs Motion for Summary Judgment)(Barrett, Charles) (Filed on 9/11/2014) |
| Filing 178 Administrative Motion to File Under Seal re Pl's Opp to Def's Motion for Summary Judgment filed by Chad Brazil. (Attachments: #1 Declaration of Charles Barrett, #2 Proposed Order, #3 Exhibit 8-REDACTED-Expert Report of Dr. Oral Capps with Exhibits, #4 Exhibit 15-REDACTED-10/21/04 Email from Hany Farag, #5 Exhibit 16-REDACTED-5/2/11 Email from Paul Gross, #6 Exhibit 17-REDACTED-8/23/12 Email from Paul Gross, #7 Exhibit 18-REDACTED-2/25/11 Email from Hany Farag, #8 Exhibit 19-REDACTED-11/19/07 Email from Kimberly Galante, #9 Exhibit 22-REDACTED-4/5/06 Email from Hany Farag, #10 Exhibit 8-UNREDACTED-Expert Report of Dr. Capps with Ex A, #11 Exhibit 8-UNREDACTED-Ex. B to Expert Report of Dr. Capps, #12 Exhibit 8-UNREDACTED-Ex C to Expert Report of Dr. Oral Capps, #13 Exhibit 8-UNREDACTED-Ex D to Expert Report of Dr. Oral Capps, #14 Exhibit 8-UNREDACTED-Ex E to Expert Report of Oral Capps, #15 Exhibit 15-UNREDACTED-10/21/04 Email from Hany Farag, #16 Exhibit 16-UNREDACTED-5/2/11 Email from Paul Gross, #17 Exhibit 17-UNREDACTED-8/23/12 Email from Paul Gross, #18 Exhibit 18-UNREDACTED-2/25/11 Email from Hany Farag, #19 Exhibit 19-UNREDACTED-11/19/07 Email from Kimberly Galante, #20 Exhibit 22-UNREDACTED-4/5/06 Email from Hany Farag)(Barrett, Charles) (Filed on 9/11/2014) |
| Filing 177 MEMORANDUM IN OPPOSITION to ( #171 MOTION Motion to Decertify re #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel ) filed by Chad Brazil. (Attachments: #1 Exhibit A-Expert Report of Dr. Oral Capps (REDACTED) with exhibits (REDACTED), #2 Exhibit B-Dr. Scott Deposition (no exhibits), #3 Exhibit C-Dr. Capps Deposition (no exhibits), #4 Exhibit D-REDACTED DPF00017725 Dole Sales Data)(Barrett, Charles) (Filed on 9/11/2014) Modified text on 9/15/2014 (dhmS, COURT STAFF). |
| Filing 176 Administrative Motion to File Under Seal Certain Documents in Re: Plaintiff's Response to Defendant's Motion to Decertify Class filed by Chad Brazil. (Attachments: #1 Declaration of Charles Barrett, #2 Proposed Order, #3 Exhibit A-REDACTED Expert Report of Dr. Oral Capps with Exhibits, #4 Exhibit D-REDACTED DPF00017725 Dole Sales Data, #5 Exhibit A-UNREDACTED Expert Report of Dr. Oral Capps with Ex A, #6 Exhibit A-UNREDACTED Ex B to Expert Report of Dr. Oral Capps, #7 Exhibit A-UNREDACTED Ex. C to Expert Report of Dr. Oral Capps, #8 Exhibit A-UNREDACTED Ex. D to Expert Report of Dr. Oral Capps, #9 Exhibit A-UNREDACTED Ex. E to Expert Report of Dr. Oral Capps)(Barrett, Charles) (Filed on 9/11/2014) Modified text on 9/15/2014 (dhmS, COURT STAFF). |
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Filing 175
ORDER re #174 Notice (Other) filed by Dole Packaged Food, LLC. Signed by Judge Lucy H. Koh on 9/10/2014. (lhklc3S, COURT STAFF) (Filed on 9/10/2014)
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| Filing 174 Request To Comment On #173 Plaintiff's Proposed Class Certification Notice Plan by Dole Packaged Food, LLC (Stern, William) (Filed on 9/5/2014) Modified text on 9/8/2014 (dhmS, COURT STAFF). |
| Filing 173 Plaintiff's Proposed Class Certification Notice Plan, by Chad Brazil (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barrett, Charles) (Filed on 8/29/2014) Modified text on 9/2/2014 (dhmS, COURT STAFF). |
| Filing 172 Declaration in Support of #171 MOTION Motion to Decertify re #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #171 ) (Wongchenko, Lisa) (Filed on 8/21/2014) |
| Filing 171 MOTION Motion to Decertify re #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel filed by Dole Packaged Food, LLC. Motion Hearing set for 10/16/2014 01:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 9/11/2014. Replies due by 9/25/2014. (Attachments: #1 Proposed Order)(Wongchenko, Lisa) (Filed on 8/21/2014) |
| Filing 170 Administrative Motion to File Under Seal filed by Dole Packaged Food, LLC. (Attachments: #1 Declaration William L. Stern, #2 Proposed Order, #3 Redacted Version of Ex 1 (Capps Rpt), #4 Unredacted Version of Ex 1 (Capps Rpt), #5 Redacted Version Of Ex 1 (Ex E Capps Rpt), #6 Unredacted Version Of Ex 1 (Ex E Capps Rpt, #7 Redacted Version Ex 3 (Ex 6 Scott Rpt), #8 Unredacted Version Ex 3 (Ex 6 Scott Rpt), #9 Redacted Version of Ex C to Wongchenko Dec, #10 Unredacted Version of Ex C to Wongchenko Dec)(Stern, William) (Filed on 8/21/2014) |
| Filing 169 Declaration in Support of #168 MOTION for Summary Judgment and Motion to Strike the Testimoy of Julie Caswell and Ed Scarbrough filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #168 ) (Wongchenko, Lisa) (Filed on 8/21/2014) |
| Filing 168 MOTION for Summary Judgment and Motion to Strike the Testimoy of Julie Caswell and Ed Scarbrough filed by Dole Packaged Food, LLC. Motion Hearing set for 10/16/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 9/11/2014. Replies due by 9/25/2014. (Attachments: #1 Proposed Order)(Wongchenko, Lisa) (Filed on 8/21/2014) |
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Filing 167
ORDER by Judge Lucy H. Koh granting #166 Stipulation (lhklc3S, COURT STAFF) (Filed on 8/19/2014)
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| Filing 166 STIPULATION WITH PROPOSED ORDER (Agreed) Stipulation [and proposed order] Granting Extension of Time to Submit Proposed Class Notice Plan filed by Chad Brazil. (Barrett, Charles) (Filed on 8/18/2014) |
| Filing 165 Update on the Status of Defendant's Fed.R.Civ.P. 23(f) Petition, by Chad Brazil (Barrett, Charles) (Filed on 8/18/2014) Modified text on 8/19/2014 (dhmS, COURT STAFF). |
| Filing 164 Minute Entry: Further Case Management Conference held on 8/6/2014 before Judge Lucy H. Koh (Date Filed: 8/6/2014). Further Case Management Conference set for 10/16/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Date Filed: 8/6/2014) |
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Filing 163
CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 8/6/2014. (lhklc3S, COURT STAFF) (Filed on 8/6/2014)
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Filing 162
ORDER by Judge Lucy H. Koh granting #161 Stipulation (lhklc3S, COURT STAFF) (Filed on 8/4/2014)
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| Filing 161 STIPULATION WITH PROPOSED ORDER STIPULATION [and proposed order] CONTINUING EXPERT DISCOVERY DEADLINE FROM AUGUST 1 TO AUGUST 5 filed by Chad Brazil. (Barrett, Charles) (Filed on 8/1/2014) |
| Filing 160 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 7/30/2014) Modified text on 7/31/2014 (dhmS, COURT STAFF). |
| Filing 159 Transcript of Proceedings held on 06/18/14, before Judge Lucy H. Koh. Court Reporter/Transcriber Summer Fisher, Telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks 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 #158 Transcript Order ) Release of Transcript Restriction set for 10/21/2014. (Related documents(s) #158 ) (Fisher, Summer) (Filed on 7/23/2014) |
| Filing 158 TRANSCRIPT ORDER by Dole Packaged Food, LLC for Court Reporter Summer Fisher. (Stern, William) (Filed on 7/21/2014) |
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Filing 157
ORDER by Judge Lucy H. Koh granting #156 Motion for Extension of Time to File (lhklc3S, COURT STAFF) (Filed on 7/17/2014)
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| Filing 156 UNOPPOSED MOTION for Extension of Deadline for Expert Rebuttal Report and Proposed Order filed by Dole Packaged Food, LLC. (Attachments: #1 Declaration Declaration of K. Roney in support of Dole's Unopposed Motion for Extension of Time)(Stern, William) (Filed on 7/16/2014) Modified text on 7/17/2014 (dhmS, COURT STAFF). |
| Filing 155 Plaintiff's Notice of Service of Expert Reports by Chad Brazil (Barrett, Charles) (Filed on 6/30/2014) Modified text on 7/1/2014 (dhmS, COURT STAFF). |
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Filing 154
ORDER by Judge Lucy H. Koh granting #153 Stipulation (lhklc3S, COURT STAFF) (Filed on 6/26/2014)
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| Filing 153 STIPULATION WITH PROPOSED ORDER re #148 Amended Complaint Stipulation Regarding Dole Packaged Foods, LLC's Response to Third Amended Complaint filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 6/25/2014) |
| Filing 152 Minute Entry: Further Case Management Conference held on 6/18/2014 before Judge Lucy H. Koh (Date Filed: 6/18/2014). Further Case Management Conference set for 8/6/2014 02:00 PM in Courtroom 8, 4th Floor, San Jose. Final Pretrial Conference set for 12/18/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. Jury Selection set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Jury Trial set for 1/20/2015 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Summer Fisher.) (mpb, COURT STAFF) (Date Filed: 6/18/2014) |
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Filing 151
CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 6/18/2014. (lhklc3S, COURT STAFF) (Filed on 6/18/2014)
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Filing 150
ORDER by Judge Lucy H. Koh denying #145 Motion for Leave to File (lhklc3S, COURT STAFF) (Filed on 6/16/2014)
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| Filing 149 Petition for Permission to Appeal Pursuant to Rule 23(f) Served on 6/13/2014 USCA No. 14-80087 (dhmS, COURT STAFF) (Filed on 6/16/2014) |
| Filing 148 THIRD AMENDED CLASS ACTION AND REPRESENTATIVE ACTION COMPLAINT For Damages, Equitable & Injunctive Relief against Dole Packaged Food, LLC. Filed by Chad Brazil. (Barrett, Charles) (Filed on 6/12/2014) Modified text on 6/12/2014 (dhmS, COURT STAFF). |
| Filing 147 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 6/11/2014) Modified text on 6/12/2014 (dhmS, COURT STAFF). |
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Filing 146
ORDER by Judge Lucy H. Koh granting in part and denying in part #143 Motion to Amend/Correct ; (lhklc3, COURT STAFF) (Filed on 6/9/2014)
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| Filing 145 MOTION for Leave to File a Motion for Reconsideration of May 30, 2014 Order filed by Dole Packaged Food, LLC. (Attachments: #1 Proposed Order, #2 Declaration of W. Stern ISO Motion for Leave to File a Motion for Reconsideration, #3 Exhibit Ex. A to Decl. of W. Stern)(Stern, William) (Filed on 6/6/2014) Modified text on 6/9/2014 (dhmS, COURT STAFF). |
| Filing 144 OPPOSITION to ( #143 MOTION to Case Management Schedule ) filed by Dole Packaged Food, LLC. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 6/6/2014) Modified text on 6/9/2014 (dhmS, COURT STAFF). |
| Filing 143 MOTION to Amend/Correct Case Management Schedule filed by Chad Brazil. Motion Hearing set for 6/18/2014 02:00 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 6/16/2014. (Attachments: #1 Proposed Order)(Barrett, Charles) (Filed on 6/2/2014) |
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Filing 142
ORDER by Judge Lucy Koh granting in part and denying in part #96 Motion to Certify Class; granting #104 Administrative Motion to File Under Seal; finding as moot #111 Motion to Strike ; finding as moot #112 Motion to Strike ; granting #116 Administrative Motion to File Under Seal. (lhklc2, COURT STAFF) (Filed on 5/30/2014)
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| Filing 141 CLERKS NOTICE Vacating Hearing (lhklc2, COURT STAFF) (Filed on 5/28/2014) |
| Filing 140 CLERKS NOTICE Case Management Statement due by 6/11/2014. Case Management Conference set for 6/18/2014 02:00 PM. (lhklc2, COURT STAFF) (Filed on 5/28/2014) |
| Filing 139 CLERK'S NOTICE: The Court finds the motions set for hearing for May 29, 2014 at 1:30 p.m. to be suitable for decision without oral argument. Accordingly, the hearing set for May 29, 2014 at 1:30 p.m. is VACATED. The Court further CONTINUES the Case Management Conference set for May 29, 2014 at 1:30 p.m. to June 18, 2014 at 2 p.m. ****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE.**** (lhklc1, COURT STAFF) (Filed on 5/28/2014) |
| Filing 138 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 5/27/2014) |
| Set/Reset Hearing re 137 Clerks Notice, Clerks Notice Continuing Motion Hearing, Set Motion and Deadlines/Hearings THIS ENTRY IS FOR MAINTENANCE PURPOSES ONLY. NO ACTION IS NEEDED BY THE PARTIES. (mpb, COURT STAFF) (Filed on 5/12/2014) |
| Filing 137 CLERKS NOTICE CONTINUING MOTION HEARINGS AND FURTHER CASE MANAGEMENT CONFERENCE Further Case Management Conference set for 5/29/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. Motion Hearing set for 5/29/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 5/12/2014) |
| Filing 136 Joint Statement of Counsel's Availability on May 29th For the Class Certification Hearing by Chad Brazil. (Barrett, Charles) (Filed on 5/12/2014) Modified text on 5/13/2014 (dhmS, COURT STAFF). |
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Filing 135
ORDER RE CONTINUING CLASS CERTIFICATION HEARING. Signed by Judge Lucy Koh on 5/9/14. (lhklc5S, COURT STAFF) (Filed on 5/9/2014)
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Filing 134
Order by Hon. Lucy H. Koh denying #131 Motion to Continue.(lhklc5S, COURT STAFF) (Filed on 5/6/2014)
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| Filing 133 Declaration of William L. Stern in Support of #132 Opposition to Motion For Administrative Relief To Continue The May 15, 2014 Class Certification Hearing and Case Management Conference filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #132 ) (Stern, William) (Filed on 5/5/2014) Modified text on 5/6/2014 (dhmS, COURT STAFF). |
| Filing 132 OPPOSITION to ( #131 MOTION for Administrative Relief to Continue the May 15, 2014 Class Certification Hearing and Case Management Conference ) filed by Dole Packaged Food, LLC. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 5/5/2014) Modified text on 5/6/2014 (dhmS, COURT STAFF). |
| Filing 131 MOTION for Administrative Relief to Continue the May 15, 2014 Class Certification Hearing and Case Management Conference filed by Chad Brazil. (Attachments: #1 Declaration of Charles Barrett in Support of Pl's Mtn for Admin Relief to Ctn Class Cert hrg & CMC, #2 Proposed Order)(Barrett, Charles) (Filed on 4/29/2014) Modified text on 4/30/2014 (dhmS, COURT STAFF). |
| Filing 130 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 4/25/2014) |
| Set/Reset Deadlines as to #96 Motion Hearing set for 5/15/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Further Case Management Conference set for 5/15/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 4/16/2014) |
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Filing 129
Order Continuing Case Management Conference and Class Certification Hearing. Signed by Judge Lucy H. Koh on 4/16/2014. (lhklc1, COURT STAFF) (Filed on 4/16/2014)
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| Filing 128 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 4/16/2014) |
| Filing 127 AMENDED STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed by Chad Brazil. (Attachments: #1 Exhibit A-Forcellati v. Hyland)(Barrett, Charles) (Filed on 4/11/2014) Modified text on 4/14/2014 (dhmS, COURT STAFF). |
| Filing 126 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d (Pls) filed byChad Brazil. (Attachments: #1 Exhibit A-Forcellati v. Hyland)(Barrett, Charles) (Filed on 4/11/2014) |
| Filing 125 JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 4/10/2014) |
| Filing 124 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 4/9/2014) |
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Filing 123
ORDER re #113 Discovery Dispute Joint Report No.1. Signed by Magistrate Judge Howard R. Lloyd on 4/1/2014. (hrllc1, COURT STAFF) (Filed on 4/1/2014)
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| Filing 122 Declaration of William L. Stern in Support of #116 Administrative Motion to File Under Seal filed byDole Packaged Food, LLC. (Related document(s) #116 ) (Stern, William) (Filed on 3/31/2014) |
| Filing 121 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 3/28/2014) |
| Filing 120 Declaration of William L. Stern in Support of #112 MOTION to Strike #101 Exhibits,, Exhibit M, Scarbrough Declaration, #111 MOTION to Strike #101 Exhibits,, Exhibit P, Caswell Declaration, Declaration of William L. Stern in Support of Defendant Dole Packaged Foods, LLC's Motions to Strike the Declarations of F. Edward Scarbrough and Julie Caswell filed byDole Packaged Food, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #112 , #111 ) (Stern, William) (Filed on 3/27/2014) |
| Filing 119 REPLY (re #112 MOTION to Strike #101 Exhibits,, Exhibit M, Scarbrough Declaration ) Reply in Support of Defendant Dole Packaged Foods, LLC's Motion to Strike the Declaration of F. Edward Scarbrough filed byDole Packaged Food, LLC. (Stern, William) (Filed on 3/27/2014) |
| Filing 118 REPLY (re #111 MOTION to Strike #101 Exhibits,, Exhibit P, Caswell Declaration, ) Reply in Support of Defendant Dole Packaged Foods, LLC's Motion to Strike the Declaration of Julie Caswell filed byDole Packaged Food, LLC. (Stern, William) (Filed on 3/27/2014) |
| Filing 117 REPLY (re #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel ) Plaintiff's Reply to Dole's Opposition to Motion for Class Certification (Redacted) filed byChad Brazil. (Attachments: #1 Exhibit U-Supplemental Declaration of Dr. Oral Capps, #2 Exhibit V-Supplemental Declaration of Dr. Edward Scarbrough-Redacted, #3 Exhibit W-Dr. Hany Farag depo trans, #4 Exhibit X-2/6/95 NOSB File Checklist, #5 Exhibit Y-10/6/10 FDA Warning Letter, #6 Exhibit Z-11/16/11 FDA Warning Letter, #7 Exhibit AA-3/11/11 FDA Warning Letter, #8 Exhibit BB-8/16/11 FDA Warning Letter, #9 Exhibit CC-8/29/01 FDA Warning Letter, #10 Exhibit DD-Chad Brazil depo trans, #11 Exhibit EE-redacted, #12 Exhibit FF-redacted, #13 Exhibit GG-redacted)(Barrett, Charles) (Filed on 3/27/2014) |
| Filing 116 Administrative Motion to File Under Seal filed by Chad Brazil. (Attachments: #1 Declaration of Charles F. Barrett in Support of Plaintiff's Administrative Motion to File Certain Documents Under Seal Pursuant to LR 79-5, #2 Proposed Order Granting Plaintiff's Administrative Motion to File Certain Documents Under Seal Pursuant to LR 79-5, #3 Exhibit V-Supplemental Declaration of Dr. Edward Scarbrough-Redacted, #4 Exhibit EE-Bates #DPF00015388-418-Redacted, #5 Exhibit FF-Bates #DPF00004464-4520-Redacted, #6 Exhibit GG-Bates #DPF00009167-226-Redacted, #7 Exhibit V-Supplemental Declaration of Dr. Edward Scarbrough-UNREDACTED Version Sought to Be Sealed, #8 Exhibit EE-Bates #DPF00015388-418-UNREDACTED Version Sought to Be Sealed, #9 Exhibit FF-Bates #DPF00004464-4520-UNREDACTED Version Sought to Be Sealed, #10 Exhibit GG-Bates #DPF00009167-226-UNREDACTED Version Sought to Be Sealed)(Barrett, Charles) (Filed on 3/26/2014) |
| Filing 115 OPPOSITION to ( #112 MOTION to Strike #101 Declaration of Dr. Ed Scarbrough ) filed by Chad Brazil. (Barrett, Charles) (Filed on 3/20/2014) Modified text on 3/21/2014 (dhmS, COURT STAFF). |
| Filing 114 OPPOSITION to ( #111 MOTION to Strike #101 Exhibits, Exhibit P, Caswell Declaration, ) filed by Chad Brazil. (Barrett, Charles) (Filed on 3/20/2014) Modified text on 3/21/2014 (dhmS, COURT STAFF). |
| Filing 113 Discovery Dispute Joint Report No. 1 filed by Chad Brazil. (Barrett, Charles) (Filed on 3/7/2014) Modified text on 3/10/2014 (dhmS, COURT STAFF). |
| Filing 112 MOTION to Strike the Declaration of F. Edward Scarbrough #101 Exhibit M, Scarbrough Declaration filed by Dole Packaged Food, LLC. Motion Hearing set for 4/17/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 3/20/2014. Replies due by 3/27/2014. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 111 MOTION to Strike the Declaration of Julie Caswell #101 Exhibit P, Casell Declaration, filed by Dole Packaged Food, LLC. Motion Hearing set for 4/17/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 3/20/2014. Replies due by 3/27/2014. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 110 Declaration of Thomas J. Montville, Ph.D. in Support of #105 Opposition to Motion, filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Related document(s) #105 ) (Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 109 Declaration of Dr. Kent Van Liere in Support of #105 Opposition to Motion, filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A - Part 1 of 2, #2 Exhibit A - Part 2 of 2)(Related document(s) #105 ) (Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 108 Declaration of Hany Farag in Support of #105 Opposition to Motion, filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #105 ) (Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 107 Declaration of Daivid Spare in Support of #105 Opposition to Motion, filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Related document(s) #105 ) (Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 106 Declaration of Claudia M. Vetesi in Support of #105 Opposition to Motion, filed by Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #105 ) (Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 105 OPPOSITION to ( #96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel ) filed by Dole Packaged Food, LLC. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 3/6/2014) Modified text on 3/7/2014 (dhmS, COURT STAFF). |
| Filing 104 Administrative Motion to File Under Seal filed by Dole Packaged Food, LLC. (Attachments: #1 Declaration Stern, #2 Proposed Order, #3 Redacted Version of Opposition to Motion for Class Certification, #4 Unredacted Version of Opposition to Motion for Class Certification, #5 Redacted Version of Spare Declaration, #6 Unredacted Version of Spare Declaration, #7 Unredacted Exh E to Spare Declaration, #8 Unredacted Exh F to Spare Decl, #9 Unredacted Exh G to Spare Decl, #10 Unredacted Exh H to Spare Decl, #11 Unredacted Exh I to Spare Decl, #12 Redacted Version of Farag Decl, #13 Unredacted Version of Farag Decl, #14 Unredacted Exh A to Farag Decl, #15 Unredacted Exh B to Farag Decl, #16 Unredacted Exh C to Farag Decl, #17 Redacted Version of Montville Decl, #18 Unredacted Version of Montville Decl)(Stern, William) (Filed on 3/6/2014) |
| Filing 103 ERRATA Exhibit D, Part 1 -CORRECTION OF [DOC 98] by Chad Brazil. (Barrett, Charles) (Filed on 2/3/2014) |
| Filing 102 Proposed Order re #96 Plaintiff's MOTION for Class Certification by Chad Brazil. (Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 101 EXHIBIT K through T to #96 Plaintiff MOTION for Class Certification filed by Chad Brazil. (Attachments: #1 Exhibit L-Jan 6, 2014 letter, #2 Exhibit M-Declaration of Dr. Ed Scarbrough, #3 Exhibit N-12/12/13 Depo Trans -David Spare, #4 Exhibit O-12/16/13 Depo Trans-Chad Brazil, #5 Exhibit P-Declaration of Dr. Julie Caswell, #6 Exhibit Q-Declaration of Pierce Gore, #7 Exhibit R-Declaration of Charles Barrett, #8 Exhibit S-Declaration of Brian Herrington, #9 Exhibit T-Declaration of Dr. Oral Capps, #10 Exhibit T-Part 1-Ex to Dr. Oral Capps Declaration)(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 100 EXHIBIT H, I Part 1-3, J to #96 Plaintiff's MOTION for Class Certification filed by Chad Brazil. (Attachments: #1 Exhibit I-Part 1-Labels for Tropical Fruit (cup), #2 Exhibit I-Part 2-Labels for Tropical Fruit (cup), #3 Exhibit I-Part 3-Labels for Tropical Fruit (cup), #4 Exhibit J-Labels for Mixed Fruit (bag))(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 99 EXHIBIT F Part 1-5 & G Part 1-5 to #96 Plaintiff's MOTION for Class Certification filed by Chad Brazil. (Attachments: #1 Exhibit F-Part 2-Labels for Mandarin Oranges, #2 Exhibit F-Part 3-Labels for Mandarin Oranges, #3 Exhibit F-Part 4-Labels for Mandarin Oranges, #4 Exhibit F-Part 5-Labels for Mandarin Oranges, #5 Exhibit G-Part 1-Labels for Pineapple Tidbits, #6 Exhibit G-Part 2-Labels for Pineapple Tidbits, #7 Exhibit G-Part 3-Labels for Pineapple Tidbits, #8 Exhibit G-Part 4-Labels for Pineapple Tidbits, #9 Exhibit G-Part 5-Labels for Pineapple Tidbits)(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 98 EXHIBIT D Parts 1-4 & E Parts 1-5 to #96 Plaintiff's MOTION for Class Certification filed by Chad Brazil. (Attachments: #1 Exhibit D-Part 2-Labels for Diced Apples, #2 Exhibit D-Part 3-Labels for Diced Apples, #3 Exhibit D-Part 4-Labels for Diced Apples, #4 Exhibit E-Part 1-Labels for Diced Pears, #5 Exhibit E-Part 2-Labels for Diced Pears, #6 Exhibit E-Part 3-Labels for Diced Pears, #7 Exhibit E-Part 4-Labels for Diced Pears, #8 Exhibit E-Part 5-Labels for Diced Pears)(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 97 EXHIBIT C-Parts 1-5 to #96 Plaintiff's MOTION for Class Certification filed by Chad Brazil. (Attachments: #1 Exhibit C-Part 2-Labels for Diced Peaches, #2 Exhibit C-Part 3-Labels for Diced Peaches, #3 Exhibit C-Part 4-Labels for Diced Peaches, #4 Exhibit C-Part 5-Labels for Diced Peaches)(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 document not properly linked to associated document #96 (dhmS, COURT STAFF). |
| Filing 96 MOTION for Class Certification, MOTION for Appointment of Class Representative, and MOTION for Appointment of Class Counsel filed by Chad Brazil. Motion Hearing set for 4/17/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 2/14/2014. Replies due by 2/21/2014. (Attachments: #1 Exhibit A-Part 1-Labels for Tropical Fruit (Can), #2 Exhibit A-Part 2-Labels for Tropical Fruit (can), #3 Exhibit B-Part 1-Labels for Mixed Fruit (cup), #4 Exhibit B-Part 2-Labels for Mixed Fruit (cup), #5 Exhibit B-Part 3-Labels for Mixed Fruit (cup), #6 Exhibit B-Part 4-Labels for Mixed Fruit (cup))(Barrett, Charles) (Filed on 1/31/2014) Modified on 2/3/2014 counsel failed to select multiple motion event types (dhmS, COURT STAFF). |
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Filing 95
ORDER by Judge Lucy H. Koh granting #94 Motion for Pro Hac Vice (lhklc5S, COURT STAFF) (Filed on 1/29/2014)
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| Filing 94 MOTION for leave to appear in Pro Hac Vice Brian Herrington ( Filing fee $ 305, receipt number 0971-8328853.) filed by Chad Brazil. (Attachments: #1 Exhibit Certificate of Good Standing)(Herrington, Brian) (Filed on 1/28/2014) |
| Filing 93 CERTIFICATION OF MEDIATION Session dated 1/23/2014; Mediation session held 12/18/2013; Case did not settle; Mediation process is complete. (cmf, COURT STAFF) (Filed on 1/23/2014) |
| ADR Remark: ADR Phone Conference held 1/23/2014 with Howard Herman, ADR Program Director. (cmf, COURT STAFF) (Filed on 1/23/2014) |
| Filing 91 CLERKS NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE Further Case Management Conference set for 4/17/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 1/21/2014) |
| Filing 90 ADR Clerks Notice Setting ADR Phone Conference on 1/23/2014 at 9:30 a.m. Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 1/16/2014) |
| Filing 89 CASE MANAGEMENT STATEMENT Updated Joint Case Management Statement filed by Dole Packaged Food, LLC. (Stern, William) (Filed on 1/15/2014) |
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Filing 88
ORDER by Judge Lucy H. Koh granting #87 Stipulation (lhklc3, COURT STAFF) (Filed on 1/13/2014)
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| Filing 87 STIPULATION WITH PROPOSED ORDER Narrowing Scope of Claims and Dismissing Defendant Dole Food Company, Inc. filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 1/10/2014) |
| Filing 92 ADR Clerks Notice Appointing Sue J. Stott as Mediator. (cmf, COURT STAFF) (Filed on 12/18/2013) |
| Filing 86 Certificate of Interested Entities by Dole Food Company, Inc., Dole Packaged Food, LLC identifying Corporate Parent DFC Holdings, LLC, Corporate Parent Castle & Cooke Holdings, Inc., Corporate Parent Castle & Cooke Investments, Inc. for Dole Food Company, Inc.; Corporate Parent Dole International Holdings, Inc. (Japan), Corporate Parent Itochu Corporation (Japan), Corporate Parent DPF Holdings, Inc. (Delaware, U.S.A.) for Dole Packaged Food, LLC. Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC's Amended Certification as to Interested Parties in Accordance with Federal Rule of Civil Procedure 7.1 and Civil Local Rule 3-16 (Stern, William) (Filed on 11/11/2013) |
| Filing 85 Answer to #60 Second Amended Complaint by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 10/21/2013) Modified text on 10/29/2013 (dhmS, COURT STAFF). |
| Filing 84 Transcript of Proceedings held on 9/26/2013, before Judge Lucy H. Koh. Court Reporter/Transcriber Gina Galvan Colin, Telephone number 408 888-6697. Tape Number: FTR. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks 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. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/6/2014. (Related documents(s) #79 ) (sp, COURT STAFF) (Filed on 10/7/2013) |
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Filing 83
ORDER by Judge Lucy H. Koh granting #81 Stipulation (lhklc3, COURT STAFF) (Filed on 10/3/2013)
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Filing 82
ORDER by Judge Lucy H. Koh granting #80 Stipulation (lhklc3, COURT STAFF) (Filed on 10/3/2013)
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| Filing 81 STIPULATION WITH PROPOSED ORDER Extending Time to Answer filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 10/2/2013) |
| Filing 80 STIPULATION WITH PROPOSED ORDER Setting Case Schedule filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 10/2/2013) |
| Filing 79 TRANSCRIPT ORDER by Dole Food Company, Inc., Dole Packaged Food, LLC for Court Reporter FTR - San Jose. (Stern, William) (Filed on 10/1/2013) |
| Set/Reset Hearing re #78 Case Management Conference - Further, Set Hearings, Jury Selection set for 11/3/2014 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (mpb, COURT STAFF) (Filed on 9/26/2013) |
| Set/Reset Hearing (mpb, COURT STAFF) (Filed on 9/26/2013) |
| Filing 78 Minute Entry and Case Management Order: Further Case Management Conference held on 9/26/2013 before Judge Lucy H. Koh (Date Filed: 9/26/2013). Further Case Management Conference set for 1/22/2014 02:00 PM in Courtroom 8, 4th Floor, San Jose. Final Pretrial Conference set for 10/23/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. Jury Selection set for 11/3/2014 09:00 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Jury Trial set for 11/3/2014 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Recording #FTR.) (mpb, COURT STAFF) (Date Filed: 9/26/2013) |
| Set/Reset Hearing re #75 Order Further Case Management Conference set for 9/23/2013 09:30 AM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 9/23/2013) |
| Set/Reset Hearing re #75 Order Further Case Management Conference set for 9/26/2013 09:30 AM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 9/23/2013) |
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Filing 77
ORDER by Judge Lucy H. Koh granting #73 Stipulation (lhklc3, COURT STAFF) (Filed on 9/23/2013)
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Filing 76
ORDER by Judge Lucy H. Koh granting in part and denying in part #62 Motion to Dismiss and Motion to Strike (lhklc3, COURT STAFF) (Filed on 9/23/2013)
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Filing 75
ORDER VACATING HEARING AND RESCHEDULING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on 9/23/2013. (lhklc3, COURT STAFF) (Filed on 9/23/2013)
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| Set/Reset Hearing re #75 Order (lhklc3, COURT STAFF) (Filed on 9/23/2013) |
| Set/Reset Hearing re #75 Order Further Case Management Conference set for 9/26/2013 09:30 AM in Courtroom 8, 4th Floor, San Jose. (lhklc3, COURT STAFF) (Filed on 9/23/2013) |
| Filing 74 JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 9/19/2013) |
| Filing 73 STIPULATION WITH PROPOSED ORDER Stipulaton with Proposed Protective Order filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 7/8/2013) |
| Filing 72 Statement of Recent Decision by Dole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 6/5/2013) Modified text on 6/7/2013 (dhmS, COURT STAFF). |
| Filing 71 REPLY (re #62 MOTION to Dismiss the Second Amended Complaint and MOTION to Strike ) filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 6/3/2013) |
| Filing 70 Statement of Recent Decision (Plaintiff) by Chad Brazil. (Attachments: #1 Exhibit A-Lanovaz Order)(Barrett, Charles) (Filed on 5/24/2013) |
| Filing 69 Statement of Recent Decision by Chad Brazil. (Attachments: #1 Exhibit A-Hinojos v. Kohls)(Barrett, Charles) (Filed on 5/23/2013) Modified text on 5/24/2013 (dhmS, COURT STAFF). |
| Filing 68 OPPOSITION to ( #62 MOTION to Dismiss the Second Amended Complaint and MOTION to Strike ) filed by Chad Brazil. (Attachments: #1 Exhibit 1-Del Monte Order, #2 Exhibit 2-FDA ltr re Food Labeling, #3 Exhibit 3-warning ltr 8/23/10, #4 Exhibit 4-warning ltr 1/19/01)(Barrett, Charles) (Filed on 5/20/2013) Modified text on 5/21/2013 (dhmS, COURT STAFF). |
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Filing 67
ORDER by Judge Lucy H. Koh granting #64 Stipulation Re Briefing for Second Motion to Dismiss; granting #65 Stipulation Continuing Mediation Deadline; Continuing Case Management Conference; Vacating Case Schedule (lhklc3, COURT STAFF) (Filed on 5/13/2013)
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| Set/Reset Hearing re #67 Order on Stipulation,,, Further Case Management Conference set for 9/26/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 5/13/2013) |
| Set/Reset Hearing re #67 Order on Stipulation (mpb, COURT STAFF) (Filed on 5/13/2013) |
| Filing 66 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 5/8/2013) Modified text on 5/9/2013 (dhmS, COURT STAFF). |
| Filing 65 STIPULATION WITH PROPOSED ORDER Continuing the Mediation Deadline filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 5/7/2013) |
| Filing 64 STIPULATION WITH PROPOSED ORDER Continuing Dates For Briefing Re the MTD the 2nd Amd Cpt & Mtn to Strike filed by Chad Brazil. (Barrett, Charles) (Filed on 5/7/2013) |
| Filing 63 CLERKS NOTICE RESCHEDULING MOTION HEARING TO THE COURT'S NEXT AVAILABLE DATE, Set/Reset Deadlines as to #62 MOTION to Dismiss the Second Amended Complaint and Motion to Strike. Motion Hearing set for 9/26/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY&***** (mpb, COURT STAFF) (Filed on 4/30/2013) |
| Filing 62 MOTION to Dismiss the Second Amended Complaint and MOTION to Strike filed by Dole Food Company, Inc., Dole Packaged Food, LLC. Motion Hearing set for 6/6/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 5/13/2013. Replies due by 5/20/2013. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 4/29/2013) Modified on 4/30/2013 counsel failed to select multiple motion event types (dhmS, COURT STAFF). |
| Filing 61 CERTIFICATE OF SERVICE by Chad Brazil of #60 Plaintiff's Second Amended Class Action Complaint (Barrett, Charles) (Filed on 4/12/2013) Modified on 4/15/2013 linking entry to document #60 (dhmS, COURT STAFF). |
| Filing 60 SECOND AMENDED COMPLAINT against Dole Food Company, Inc., Dole Packaged Foods, LLC. Filed by Chad Brazil. (Barrett, Charles) (Filed on 4/12/2013) Modified on 4/15/2013 correcting party information (dhmS, COURT STAFF). |
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Filing 59
Order by Hon. Lucy H. Koh granting in part and denying in part #29 Motion to Dismiss.(lhklc3, COURT STAFF) (Filed on 3/25/2013)
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| Filing 58 Statement of Recent Decisions by Dole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stern, William) (Filed on 2/26/2013) |
| Filing 57 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 2/15/2013) |
| Filing 56 ADR Clerks Notice Appointing Stephen H. Sulmeyer, J.D., Ph.D. as Mediator. (af, COURT STAFF) (Filed on 2/15/2013) |
| Filing 55 Transcript of Proceedings held on 01-24-13, before Judge Lucy H. Koh. Court Reporter/Transcriber Lee-Anne Shortridge, Telephone number 408-287-4580. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks 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. Release of Transcript Restriction set for 5/8/2013. (las, ) (Filed on 2/7/2013) |
| Filing 54 Minute Entry and Case Management Order: Initial Case Management Conference held on 1/24/2013 before Judge Lucy H. Koh (Date Filed: 1/24/2013). Further Case Management Conference set for 5/15/2013 02:00 PM in Courtroom 8, 4th Floor, San Jose. Final Pretrial Conference set for 7/31/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose. Jury Selection set for 8/25/2014 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Jury Trial set for 8/25/2014 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Date Filed: 1/24/2013) |
| Filing 53 Minute Entry: Motion Hearing held on 1/24/2013 before Judge Lucy H. Koh (Date Filed: 1/24/2013) re #29 MOTION to Dismiss the First Amended Complaint or, in the Alternative, MOTION to Strike filed by Dole Packaged Food, LLC, Dole Food Company, Inc.. (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Date Filed: 1/24/2013) |
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Filing 52
Order by Hon. Lucy H. Koh granting #44 Stipulation selecting Mediation.(lhklc3, COURT STAFF) (Filed on 1/24/2013)
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| Filing 51 Statement of Recent Decision by Plaintiff by Chad Brazil. (Attachments: #1 Exhibit A - Stengel v. Medtronic)(Barrett, Charles) (Filed on 1/16/2013) |
| Filing 50 Statement of Recent Decision by Chad Brazil. (Attachments: #1 Exhibit A - Colucci v. Zoneperfect)(Gore, Ben) (Filed on 1/10/2013) |
| Filing 49 Statement re #48 Statement of Recent Decision CORRECTION OF DOCKET #48 by Chad Brazil. (Attachments: #1 Exhibit A - Order)(Barrett, Charles) (Filed on 12/17/2012) |
| Filing 48 *** FILED IN ERROR. PLEASE SEE DOCKET #49 . *** Statement of Recent Decision by Chad Brazil. (Attachments: #1 Exhibit A - Order on Motion to Dismiss)(Barrett, Charles) (Filed on 12/17/2012) Modified on 12/18/2012 (wv, COURT STAFF). |
| Set/Reset Deadlines as to #29 MOTION to Dismiss the First Amended Complaint or, in the Alternative, MOTION to Strike, #47 Order., Set/Reset Hearing re #47 Order Motion Hearing set for 1/24/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Case Management Conference set for 1/24/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 12/10/2012) |
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Filing 47
ORDER Continuing Hearing on Motion to Dismiss. Signed by Judge Lucy H. Koh on 12/10/12. (lhklc3, COURT STAFF) (Filed on 12/10/2012)
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| Filing 46 JOINT CASE MANAGEMENT STATEMENT filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 12/5/2012) |
| Filing 45 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A)(Stern, William) (Filed on 11/29/2012) |
| Filing 44 STIPULATION and Proposed Order selecting Mediation by Dole Food Company, Inc., Dole Packaged Food, LLC filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 11/15/2012) |
| Filing 43 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Stern, William) (Filed on 11/13/2012) |
| Filing 42 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byChad Brazil. (Attachments: #1 Exhibit A - Hershey Order Denying Defs MTD)(Barrett, Charles) (Filed on 11/12/2012) |
| Filing 41 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stern, William) (Filed on 10/22/2012) |
| Filing 40 CERTIFICATE OF SERVICE by Chad Brazil re #39 Notice of Change of Address (Gore, Ben) (Filed on 10/17/2012) |
| Filing 39 NOTICE of Change of Address by Ben F. Pierce Gore (Gore, Ben) (Filed on 10/17/2012) |
| Filing 38 CLERKS NOTICE CONTINUING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. Motion Hearing set for 12/13/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Case Management Statement due by 12/6/2012. Case Management Conference set for 12/13/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose. ****THIS IS A TEXT-ONLY ENTRY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY**** (mpb, COURT STAFF) (Filed on 9/17/2012) |
| Filing 37 REPLY in support of ( #29 MOTION to Dismiss the First Amended Complaint or, in the Alternative, MOTION to Strike ) filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Certificate/Proof of Service)(Stern, William) (Filed on 9/14/2012) Modified text on 9/18/2012 (dhmS, COURT STAFF). |
| Filing 36 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE TO DATE OF MOTION HEARING Case Management Statement due by 11/29/2012. Case Management Conference set for 12/6/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose. ****THIS IS A TEXT-ONLY ENTRY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY**** (mpb, COURT STAFF) (Filed on 9/11/2012) |
| Filing 35 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION to ( #29 MOTION to Dismiss the First Amended Complaint or, in the Alternative, Motion to Strike ) filed by Chad Brazil. (Attachments: #1 Proposed Order Denying Motion to Dismiss)(Barrett, Charles) (Filed on 8/31/2012) Modified text on 9/4/2012 (dhmS, COURT STAFF). |
| Filing 34 CERTIFICATE OF SERVICE re #29 , #30 , #31 , #32 , #33 by Dole Food Company, Inc., Dole Packaged Food, LLC (Stern, William) (Filed on 8/14/2012) Modified on 8/15/2012 linking entry to related documents (dhm, COURT STAFF). |
| Filing 33 Proposed Order re #29 Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC's Request for Judicial Notice in Support of Their Motion to Dismiss the First Amended Complaint by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 8/13/2012) Modified on 8/14/2012 linking entry to document #29 (dhm, COURT STAFF). |
| Filing 32 Request for Judicial Notice in Support of #29 Motion to Dismiss the First Amended Complaint filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Stern, William) (Filed on 8/13/2012) Modified on 8/14/2012 linking entry to document #29 (dhm, COURT STAFF). |
| Filing 31 Declaration of Claudia M. Vetesi in Support of #29 Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC's Motion to Dismiss the First Amended Complaint filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 8/13/2012) Modified on 8/14/2012 linking entry to document #29 (dhm, COURT STAFF). |
| Filing 30 Declaration of Kimberly Galante in Support of #29 MOTION to Dismiss Notice of Motion and Motion; Memorandum of Points and Authorities in Support of Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC's Motion to Dismiss the First Amended Complaint or, in the Alternative, Motion to filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Related document(s) #29 ) (Stern, William) (Filed on 8/13/2012) |
| Filing 29 NOTICE MOTION AND MOTION to Dismiss the First Amended Complaint or, in the Alternative, MOTION to Strike; Memorandum of Points and Authorities in Support filed by Dole Food Company, Inc., Dole Packaged Food, LLC. Motion Hearing set for 12/6/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/31/2012. Replies due by 9/14/2012. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 8/13/2012) Modified on 9/18/2012 counsel failed to select multiple motion event types (dhmS, COURT STAFF). |
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Filing 28
ORDER by Judge Lucy H. Koh denying as moot #16 Motion to Dismiss; granting #26 Stipulation Extending Time to Respond to Amended Complaint and Modifying Briefing and CMC Schedule. (lhklc3, COURT STAFF) (Filed on 7/27/2012)
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| Filing 27 CERTIFICATE OF SERVICE re #26 Stipulation and Proposed Order by Dole Food Company, Inc., Dole Packaged Food, LLC (Stern, William) (Filed on 7/26/2012) Modified on 7/27/2012 linking entry to document #26 (dhm, COURT STAFF). |
| Filing 26 STIPULATION WITH PROPOSED ORDER Extending Time to Respond to Amended Complaint and Modifying Briefing and CMC Schedule filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 7/26/2012) |
| Filing 25 AMENDED COMPLAINT FOR DAMAGES, EQUITABLE AND INJUNCTIVE RELIEF against Dole Food Company, Inc., Dole Packaged Food, LLC. Filed byChad Brazil. (Gore, Ben) (Filed on 7/23/2012) |
| Filing 24 CERTIFICATE OF SERVICE by Dole Food Company, Inc., Dole Packaged Food, LLC re #20 Request for Judicial Notice, (Stern, William) (Filed on 7/3/2012) |
| Filing 23 CERTIFICATE OF SERVICE by Dole Food Company, Inc., Dole Packaged Food, LLC re #16 MOTION to Dismiss (Stern, William) (Filed on 7/3/2012) |
| Filing 22 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE TO DATE OF MOTION HEARING Case Management Statement due by 9/13/2012. Case Management Conference set for 9/20/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 7/2/2012) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gore, Ben) (Filed on 7/2/2012) |
| Filing 20 Request for Judicial Notice re #16 MOTION to Dismiss filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Related document(s) #16 ) (Stern, William) (Filed on 7/2/2012) |
| Filing 19 Declaration of William L. Stern in Support of #16 MOTION to Dismiss filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Related document(s) #16 ) (Stern, William) (Filed on 7/2/2012) |
| Filing 18 Declaration of Claudia M. Vetesi in Support of #16 MOTION to Dismiss filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Related document(s) #16 ) (Stern, William) (Filed on 7/2/2012) |
| Filing 17 Declaration of Kimberly Galante in Support of #16 MOTION to Dismiss filed byDole Food Company, Inc., Dole Packaged Food, LLC. (Related document(s) #16 ) (Stern, William) (Filed on 7/2/2012) |
| Filing 16 MOTION to Dismiss filed by Dole Food Company, Inc., Dole Packaged Food, LLC. Motion Hearing set for 9/20/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 7/16/2012. Replies due by 7/23/2012. (Attachments: #1 Proposed Order)(Stern, William) (Filed on 7/2/2012) |
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Filing 15
Order by Hon. Lucy H. Koh granting #7 Application for Admission of Attorney Charles F. Barrett Pro Hac Vice.(lhklc3, COURT STAFF) (Filed on 5/31/2012)
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| Filing 14 CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 7/25/2012. Case Management Conference set for 8/1/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. (mpb, COURT STAFF) (Filed on 5/30/2012) |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings and Magistrate Judge Howard R. Lloyd for all discovery matters. Signed by The Executive Committee on 5/30/2012. (tsh, COURT STAFF) (Filed on 5/30/2012)
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| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 5/29/2012) |
| Filing 11 STIPULATION to Extend Time to Respond to the Complaint re #1 filed by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 5/23/2012) Linkage added on 5/24/2012 (bw, COURT STAFF). |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dole Food Company, Inc., Dole Packaged Food, LLC. (Stern, William) (Filed on 5/23/2012) Modified on 5/24/2012 (bw, COURT STAFF). |
| Filing 9 CERTIFICATION AS TO INTERESTED PARTIES IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 7.1 AND CIVIL LOCAL RULE 3-16 by Dole Food Company, Inc., Dole Packaged Food, LLC (Stern, William) (Filed on 5/23/2012) Text modified on 5/24/2012 (bw, COURT STAFF). |
| Filing 8 Notice of Appearance for Defendants Dole Food Company, Inc. and Dole Packaged Foods, LLC (Stern, William) (Filed on 5/23/2012) Modified on 5/24/2012 (bw, COURT STAFF). |
| Filing 7 Application for Admission of Attorney Charles F. Barrett for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-6833677.) filed by Chad Brazil. (Attachments: #1 (Proposed) Order Granting Application for Admission, #2 Exhibit: Certificate of Good Standing) (Barrett, Charles) (Filed on 5/21/2012) Text modified on 5/22/2012 (bw, COURT STAFF). |
| Filing 6 Proof of Service of Summons and Complaint as to defendant Dole Food Company, Inc. served on 5/8/2012, answer due 5/29/2012. by Chad Brazil (Gore, Ben) (Filed on 5/17/2012) Text modified on 5/17/2012 conforming to posted document caption; incorrect event type used when posting document (bw, COURT STAFF). |
| Filing 5 Proof of Service of Summons and Complaint as to defendant Dole Packaged Food, LLC served on 5/8/2012, answer due 5/29/2012 by Chad Brazil. (Gore, Ben) (Filed on 5/17/2012) Text modified on 5/17/2012 conforming to posted document caption; incorrect event type used when posting document (bw, COURT STAFF). |
| CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/11/2012) |
| Filing 4 ADR SCHEDULING ORDER: Case Management Statement due by 7/3/2012. Case Management Conference set for 7/10/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (bw, COURT STAFF) (Filed on 4/11/2012) |
| Filing 3 Summons Issued as to All Defendants. (bw, COURT STAFF) (Filed on 4/11/2012) |
| Filing 2 Declaration of Chad Brazil Pursuant to Cal. Civ. Code 1780(d) filed by Chad Brazil. (bw, COURT STAFF) (Filed on 4/11/2012) Modified on 4/16/2012 (bw, COURT STAFF). |
| Filing 1 Alleged Class Action Complaint (Summons Issued); jury demand; against All Defendants ( Filing fee $ 350, receipt number 54611011675). Filed by Chad Brazil. (Attachments: #1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 4/11/2012) |
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