Ortiz v. Menu Foods, Inc. et al Featured Case

Defendant: Menu Foods, Inc., Menu Foods Holdings, Inc., Menu Foods Income Fund and Doe Entities and Individuals 1-100
Plaintiff: Yvonne Ortiz
Case Number: 1:2007cv00323
Filed: June 12, 2007
Court: Hawaii District Court
Office: Hawaii Office
County: Honolulu
Presiding Judge: DAVID ALAN EZRA
Referring Judge: LESLIE E KOBAYASHI
Nature of Suit: Tort Product Liability
Cause of Action: 28:1446pl Petition for Removal - Product Liability
Jury Demanded By: Both

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
December 7, 2007 42 Circuit Court of the First Circuit's ACKNOWLEDGEMENT OF RECEIPT of Documents on 12/6/2007 re: 41 Transmittal of Documents; Remand. (afc)
November 30, 2007 COURT'S CERTIFICATE of Service re: 41 the Letter re Remand to Circuit Court of the First Circuit and certified copies of those documents noted in the letter, has been served on November 30, 2007 by First Class Mail to the Clerk of Court, Circuit Court of the First Circuit, State of Hawaii/777 Punchbowl Street/Hon HI 96813. The letter was transmitted to all counsel of record who are Registered Participants of CM/ECF and received the letter electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
November 30, 2007 41 REMAND LETTER from USDC Hawaii to Office of the Clerk, Circuit Court of the First Circuit, State of Hawaii - transmitting certified copy of: 23 F&R; 38 Order adopting F&R, and Docket sheet. (afc)
November 26, 2007 40 Certified Copy of MDL order received: ORDER VACATING CONDITIONAL TRANSFER ORDER AND VACATING THE NOVEMBER 29, 2007 HEARING SESSION. (Attachments: # 1 Transmittal Letter)(afc)
November 14, 2007 39 Featured Case APPLICATION for Pro Hac Vice Admission. (Attachments: # 1 Consent of Designated Local Counsel # 2 ORDER granting PHV Application - Signed by Judge LESLIE E KOBAYASHI. # 3 Certificate of Service) Attorney Matthew Lepore for Menu Foods Holdings, Inc.; Menu Foods, Inc.; and Menu Foods Income Fund added. (afc)
November 13, 2007 COURT'S CERTIFICATE of Service - a copy of 38 the ORDER ADOPTING FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR REMAND AND ORDER DENYING DEFENDANTS' MOTION TO STAY AS MOOT, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A separate "Court's Certificate of Service" will be entered upon service of the subject order to the Circuit Court of the First Circuit, State of Hawaii. (afc)
November 13, 2007 38 Featured Case ORDER ADOPTING 23 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR REMAND AND ORDER DENYING DEFENDANTS' MOTION TO STAY AS MOOT. Signed by Judge DAVID ALAN EZRA on 11/13/07. ~ This case is hereby remanded to State court ~ [M/Remand: 9 ; M/Stay: 4 ] (afc)
November 7, 2007 37 Pro Hac Vice Filing fee: $ 225.00, receipt number 241742 241472 - attorney Matthew Lepore. (afc) Modified on 11/9/2007 (afc).
November 1, 2007 COURT'S CERTIFICATE of Service - a copy of 36 Set Deadlines/Hearings has been served to Registered Participants of CM/ECF who received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF) on 11/1/2007. (wnn, )
November 1, 2007 36 EO: Rule 16 Scheduling Conference set for 11/13/2007 at 09:00AM is continued to 12/3/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
October 30, 2007 35 REPLY re 28 Response Menu Foods Holdings, Inc.'s Reply to Plaintiffs' Response to its Objections to the F&R to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, filed by Menu Foods Holdings, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(Kirschenbaum, Barbara) [Modified on 10/31/2007: F&R: doc 23 . Objections to F&R: doc 24 .(afc)
October 24, 2007 34 Featured Case THIRD STIPULATION FOR TEMPORARY STAY OF PROCEEDINGS AND FOR NON-FILING OF REPLY MEMO AND ORDER. Signed by Judge DAVID ALAN EZRA. [STAY is through and including 10/29/07] related docs: 23 = F&R; 9 = Motion to Remand; ]4] = Motion to Stay. (afc)
October 22, 2007 33 Featured Case SECOND STIPULATION FOR TEMPORARY STAY OF PROCEEDINGS AND FOR NON-FILING OF REPLY MEMO AND ORDER. Signed by Judge DAVID ALAN EZRA. [STAY is through and including 10/22/07] related docs: 23 = F&R; 9 = Motion to Remand; 4 = Motion to Stay. (afc)
October 9, 2007 32 STIPULATION FOR TEMPORARY STAY OF PROCEEDINGS AND FOR NON-FILING OF REPLY MEMO AND ORDER. Signed by JUDGE DAVID ALAN EZRA. [STAY is through and including 10/15/07; deft Menu Foods Holdings, Inc. shall not file its "Reply to 'Plaintiffs' Response to Its Objections to the Findings and Recommendation..." until 10/16/07, or as otherwise ordered by the Court; Court's ruling on M/Remand and M/Stay shall be deferred until after defts file Reply Memo on 10/16/07, or as otherwise ordered by the Court; Stay shall be automatically lifted on October 16, 2007, unless otherwise agreed to by the parties with the Court's approval.] related docs: 23 = F&R; 9 = Motion to Remand; 4 = Motion to Stay. (afc)
October 1, 2007 31 Featured Case ORDER granting Defendant Menu Foods Holdings, Inc.'s 30 Ex Parte Motion for Leave to File a Reply to Plaintiffs' Response to its Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, Filed 8/21/07, Filed 9/14/07, Filed 9/21/07. Signed by Judge DAVID ALAN EZRA on 10/1/2007. (gab, )
September 21, 2007 30 MOTION for Leave to File to File a Reply to 28 "Plaintiffs' Response to Its Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants'Motion to Stay as Moot, filed 8/21/07", filed 09/14/07 by Menu Foods Holdings, Inc.. (Attachments: # 1 Memorandum in Support of Motion# 2 Exhibit 1# 3 Certificate of Service)(Love, Chad) Modified on 9/24/2007 to include link to correlate to plaintiff's response (doc 28) and include link to F&R: doc 23 (afc).
September 18, 2007 COURT'S CERTIFICATE of Service - a copy of 29 the "Order denying Defendant Menu Foods Holdings, Inc.'s ("Defendant") Ex Parte Application for a Hearing Re: Defendant's Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion for Remand and Order Denying Defendant's Motion to Stay as Moot, has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afc)
September 18, 2007 29 Featured Case ORDER DENYING DEFENDANT MENU FOODS HOLDINGS, INC.'S ("Defendant") EX PARTE APPLICATION FOR A HEARING RE: DEFENDANT'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR REMAND AND ORDER DENYING DEFENDANT'S MOTION TO STAY AS MOOT 27 . Signed by Judge DAVID ALAN EZRA on 9/17/07. (afc)
September 14, 2007 28 RESPONSE to Menu Foods Holdings, Inc's Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion for Remand and Order Denying Def's Motion to Stay as Moot, Filed 8/21/07 filed by Yvonne Ortiz. (Attachments: # 1 COS)(Grande, Thomas)
September 12, 2007 27 Ex Parte MOTION for Hearing re Defendant Menu Foods Holdings, Inc.'s Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, filed 8/21/07, filed 9/04/07 by Menu Foods Holdings, Inc.. (Attachments: # 1 Memorandum in Support of Application# 2 Certificate of Service)(Love, Chad) Modified on 9/12/2007: Objections to F&R = docket entry 24 (afc).
September 11, 2007 26 ORIGINAL DECLARATION OF PAUL HENDERSON submitted re 24 Menu Foods Holdings, Inc.'s Objections to 23 Findings and Recommendation; Certificate of Service. (afc)
September 5, 2007 25 CERTIFICATE OF SERVICE by Menu Foods Holdings, Inc. re Objections to Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, filed 8/21/07 (Attachments: # 1 Certificate of Service)(Kirschenbaum, Barbara)
September 4, 2007 24 Defendant Menu Foods Holdings, Inc.'s OBJECTIONS to 23 the Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion for Remand and Order denying Defendants' Motion to Stay as Moot. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Certificate of Service) (afc)
August 21, 2007 COURT'S CERTIFICATE of Service - a copy of 23 the FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR REMAND AND ORDER DENYING DEFENDANTS' MOTION TO STAY AS MOOT has been served upon all counsel of record who, as Registered Participants of CM/ECF, received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). F&R and Proposed Order to Chambers of Judge David Alan Ezra via e-mail address: ezra_orders@hid.uscourts.gov (afc)
August 21, 2007 23 Featured Case FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART 9 PLAINTIFF'S MOTION FOR REMAND AND ORDER DENYING 4 DEFENDANTS' MOTION TO STAY AS MOOT. Objections to R&R due by 9/5/2007. Signed by Judge LESLIE E KOBAYASHI on 8/21/07. (afc)
August 16, 2007 22 NOTICE by Yvonne Ortiz of Filing Opposition to Conditional Transfer Order (CTO-2) with Judicial Panel on MDL; Exh 1; COS Yvonne Ortiz. (Grande, Thomas)
August 13, 2007 21 EO: Rule 16 Scheduling Conference set for 9/10/2007 at 09:00AM is continued to 11/13/2007 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, )
August 10, 2007 20 NOTICE by Menu Foods, Inc., Menu Foods Holdings, Inc. of "Conditional Transfer Order (CTO-2)" Menu Foods, Inc., Menu Foods Holdings, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Certificate of Service)(Love, Chad)
August 9, 2007 19 REPLY re 9 MOTION to Remand to State Court filed by Yvonne Ortiz. (Attachments: # 1 Declaration of Thomas R. Grande# 2 Exhibit 1# 3 Exhibit 2# 4 COS)(Grande, Thomas)
July 27, 2007 18 Menu Foods Holdings, Inc.'s MEMORANDUM in Opposition to 9 plaintiff's MOTION for Remand. (Attachments: # 1 Declaration of Chad P. Love # 2 Exhibit A # 3 Exhibit B # 4 Declaration of Erin Owens # 5 Certificate of Service)(afc)
July 24, 2007 16 EO: Defendant Menu Foods Holdings, Inc.'s Motion to Stay All Proceedings set for 8/16/2007 at 09:30 AM before JUDGE LESLIE E. KOBAYASHI is Vacated. Court to decide motion without a hearing. Motions Taken Under Advisement: 4 MOTION to Stay. (Judge LESLIE E KOBAYASHI )(wnn, )
July 24, 2007 15 CERTIFICATE OF SERVICE by Menu Foods, Inc., Menu Foods Holdings, Inc., Menu Foods Income Fund (re Stipulation re Service of Complaint on Menu Foods Income Fund and Extension of Time for All Defendants to Answer or Otherwise Respond to Complaint and Order) (Attachments: # 1 Certificate of Service)(Kirschenbaum, Barbara)
July 23, 2007 17 STIPULATION re Service of Complaint on Menu Foods Income Funds and Extension of Time for all defendants to Answer or otherwise Respond to Complaint and ORDER. Signed by JUDGE LESLIE E KOBAYASHI. Law firm of Love & Kirschenbaum accepts service of Complaint and Summons on behalf of Menu Foods Income Fund; service deemed to be made on July 17, 2007. ANSWER/RESPONSIVE PLEADING due date for defendants Menu Foods Holdings, Inc.; Menu Foods, Inc.; and Menu Foods Income Fund, is extended as set forth in provisions within the stipulation ~ (afc)
July 23, 2007 14 EO: Regarding 4 MOTION to Stay All Proceedings. Motion Hearing set for 8/1/2007 at 10:00 AM is continued to 8/16/2007 at 09:30 AM before JUDGE LESLIE E KOBAYASHI. This motion is intertwined with Plaintiff's Motion to Remand. Although not typically this Court's practice, the parties may address the remand issue at the hearing on the Motion to Stay as well. (Judge LESLIE E KOBAYASHI )(wnn, )
July 23, 2007 CORRECTIVE ENTRY - Exhibit "C" is incomplete (page missing) for docket entry number 12 Defendants Reply Memorandum of Law in further support of Motion to Stay all Proceedings, etc. Please be advised that the document will be re-entered in its entirety. (afc)
July 20, 2007 13 Pleading re-docketed: REPLY MEMORANDUM OF LAW in further support of 4 Menu Foods Holdings, Inc.'s MOTION to Stay all Proceedings - filed by Menu Foods, Inc., Menu Foods Holdings, Inc., Menu Foods Income Fund. (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 Certificate of Service) (afc)
July 20, 2007 12 IMAGE DELETED - Please refer to Corrective Entry REPLY MEMORANDUM OF LAW in further support of 4 Menu Foods Holdings, Inc.'s MOTION to Stay all Proceedings - filed by Menu Foods, Inc., Menu Foods Holdings, Inc., Menu Foods Income Fund. (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 Certificate of Service)(afc) Additional attachment(s) added on 7/23/2007 (afc).
July 13, 2007 11 EO: Court's Order Re: Deadlines for 9 MOTION to Remand to State Court. Motions Taken Under Advisement: 9 MOTION to Remand to State Court. (Judge LESLIE E KOBAYASHI )(wnn, )
July 13, 2007 10 MEMORANDUM in Opposition re 4 MOTION to Stay Notice of Hearing filed by Yvonne Ortiz. (Grande, Thomas)
July 12, 2007 9 MOTION to Remand to State Court by Yvonne Ortiz. (Attachments: # 1 Memorandum in Support of Motion# 2 COS)(Grande, Thomas)
June 19, 2007 8 NOTICE of Hearing on Motion- 4 -MOTION to Stay set for 8/1/2007 10:00 AM before JUDGE LESLIE E KOBAYASHI. (lls, )
June 18, 2007 7 Featured Case ORDER granting 6 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint, filed 05/11/07 Menu Foods Holdings, Inc. answer due 8/17/2007.. Signed by Judge LESLIE E KOBAYASHI on 6/18/2007. (gab, )
June 18, 2007 6 Ex Parte MOTION for Extension of Time to File Answer to Complaint, filed 5/17/07 by Menu Foods Holdings, Inc.. (Attachments: # 1 Declaration Declaration of Chad P. Love# 2 Order Granting Ex Parte Application# 3 Certificate of Service)(Love, Chad)
June 15, 2007 5 Corporate Disclosure Statement by Menu Foods Holdings, Inc.. (Attachments: # 1 Certificate of Service)(Love, Chad)
June 15, 2007 4 MOTION to Stay Notice of Hearing by Menu Foods Holdings, Inc.. (Attachments: # 1 Main Document Motion to Stay All Proceedings# 2 Memorandum Memorandum of Law in Support of Motion# 3 Exhibit A# 4 Declaration Declaration of Chad P. Love# 5 Certificate of Service)(Love, Chad)
June 13, 2007 3 Civil Filing fee: $ 359.00, receipt number 239837 (bbb, )
June 12, 2007 2 Order Setting Rule 16 Scheduling Conference for 09:00AM on 9/10/2007 before Magistrate JUDGE LESLIE E KOBAYASHI. (bbb, )
June 12, 2007 1 NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. 1332, 1441(b), and 1446 and DEMAND FOR JURY TRIAL;# 1 Exhibit A;# 2 Exhibit B;# 3 Verification;# 4 Certificate of Service by Menu Foods Holdings, Inc., from Circuit Court of the First Circuit, case number 07-1-0846-05 EEH. ( Filing fee $ 350)(cc: DAE) (bbb, )

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Defendant: Menu Foods, Inc.
Represented By: Barbara J. Kirschenbaum
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Defendant: Menu Foods Holdings, Inc.
Represented By: Chad P. Love
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Defendant: Menu Foods Income Fund
Represented By: Chad P. Love
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Defendant: Doe Entities and Individuals 1-100
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Plaintiff: Yvonne Ortiz
Represented By: Emily A. Gardner
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