FELLNER v. TRI-UNION SEAFOODS, L.L.C.
Plaintiff Deborah Fellner alleged that Defendant Tri-Union Seafoods, L.L.C. d/b/a Chicken of the Sea violated the New Jersey Products Liability Act, the New Jersey Consumer Fraud Act and common law fraud for failing to warn the public that consumer of Defendant's tuna, purportedly containing methylmercury, could result in mercury poisoning.
| Plaintiff: | DEBORAH FELLNER |
|---|---|
| Defendant: | TRI-UNION SEAFOODS, L.L.C. |
| Case Number: | 2:2006cv00688 |
| Filed: | February 15, 2006 |
| Court: | New Jersey District Court |
| Office: | Personal Inj. Prod. Liability Office [ Court Info ] |
| County: | Morris |
| Presiding Judge: | Judge Dennis M. Cavanaugh |
| Referring Judge: | Magistrate Judge Mark Falk |
| Nature of Suit: | Torts - Injury - Personal Injury- Product Liability |
| Cause: | Diversity |
| Jurisdiction: | Diversity |
| Jury Demanded By: | 28:1446pl Petition for Removal - Product Liability |
Docket Report
We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|---|---|
| February 15, 2006 | 1 | NOTICE OF REMOVAL by TRI-UNION SEAFOODS, L.L.C. from SUPERIOR CT OF MORRIS CTY, case number L-232-06. ( Filing fee $ 250 receipt number 336789) (Attachments: # 1 COMPLAINT# 2 DISCLOSURE STATEMENT# 3 CIS# 4 CIV COV SHT)(dr, ) |
| February 22, 2006 | 2 | Application and Clerk's Order to extend time to answer to 3/9/06 as to Attorney KENNETH ANDREW SCHOEN for TRI-UNION SEAFOODS, L.L.C. added.. (nr, ) |
| March 7, 2006 | 3 |  LETTER ORDER setting Scheduling Conference for 4/26/2006 11:30 AM before Magistrate Judge Mark Falk. Signed by Judge Mark Falk on 3/6/2006. (jr) |
| March 9, 2006 | 4 | MOTION To Take Judicial Notice for Documents and Facts Listed Therein by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Certification Schoen Mtn for Jud Ntc# 6 Text of Proposed Order Judicial Ntc# 7 Notice of Motion with Certificate of Service)(SCHOEN, KENNETH) |
| March 9, 2006 | 5 | MOTION to Dismiss by TRI-UNION SEAFOODS, L.L.C.. Responses due by 4/10/2006 (Attachments: # 1 Brief in Support of Mtn to Dismiss Complaint (1 of 2)# 2 Brief in Support of Mtn to Dismiss Complaint (2 of 2)# 3 Notice of Motion with Certificate of Service# 4 Certification Schoen Motion to Dismiss Complaint# 5 Exhibit A - Schoen Certification# 6 Text of Proposed Order to Dismiss Complaint)(SCHOEN, KENNETH) |
| March 9, 2006 | 6 | MOTION to Dismiss Plaintiff's Class Action Allegations by TRI-UNION SEAFOODS, L.L.C.. Responses due by 4/10/2006 (Attachments: # 1 Notice of Motion and Certificate of Service# 2 Certification Schoen Motion Dismiss Class Allegations# 3 Exhibit A - Schoen Certification# 4 Brief in Support of Mtn Dismiss Class Action Allegations (1 of 2)# 5 Brief in Support of Mtn Dismiss Class Action Allegations (2 of 2)# 6 Text of Proposed Order to Dismiss Class Action Allegations)(SCHOEN, KENNETH) |
| March 9, 2006 | Set Deadlines as to 6 MOTION to Dismiss Plaintiff's Class Action Allegations, 5 MOTION to Dismiss, 4 MOTION To Take Judicial Notice for Documents and Facts Listed Therein. Motion Hearing set for 4/10/2006 10:00 AM before Judge Dennis M. Cavanaugh. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) | |
| March 10, 2006 | Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 3/10/2006. (jr) | |
| April 4, 2006 | 7 | First MOTION for Leave to Appear Pro Hac Vice for John A. Kiernan, Esq. by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Certification of Scott H. Goldstein, Esq. in support of motion for pro hac vice admission for John Kiernan# 2 Certification of John Kiernan, Esq. in support of motion to admit pro hac vice# 3 Exhibit to certification of John Kiernan, Esq. (Certificate of Good Standing)# 4 Text of Proposed Order granting John Kiernan, Esq. pro hac vice admission)(SCHOEN, KENNETH) |
| April 4, 2006 | Set Deadlines as to 7 First MOTION for Leave to Appear Pro Hac Vice for John A. Kiernan, Esq.. Motion Hearing set for 5/8/2006 10:00 AM before Judge Dennis M. Cavanaugh. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) | |
| April 10, 2006 | 8 | Certification of KHALID A. ELHASSAN on behalf of DEBORAH FELLNER in support of pro hac vice admission. (jr) |
| April 10, 2006 | 9 | Certification of BARRY R. EICHEN on behalf of DEBORAH FELLNER for admission of KHALID ELHASSAN pro hac vice. (jr) |
| April 10, 2006 | 10 | ORDER admitting KHALID A. ELHASSAN, ESQ. pro hac vice on behalf of plaintiff. Signed by Judge Mark Falk on 4/3/2006. (jr) |
| April 10, 2006 | 11 | REPLY to Response to Motion re 5 MOTION to Dismiss Plaintiff's Complaint, filed by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Certification Reply Certification of Attorney Schoen# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3 (part 1 of 2)# 5 Exhibit 3 (part 2 of 2)# 6 Exhibit 4# 7 Exhibit 5 (part 1 of 3)# 8 Exhibit 5 (part 2 of 3)# 9 Exhibit 5 (part 3 of 3))(SCHOEN, KENNETH) |
| April 21, 2006 | 12 | ORDER granting 7 Motion for John Kierman to Appear Pro Hac Vice . Signed by Judge Mark Falk on 04/21/06. (nr, ) |
| April 26, 2006 | Minute Entry for proceedings held before Judge Mark Falk : Telephone Conference held on 4/26/2006. (jr) | |
| May 12, 2006 | 13 | STIPULATION of Dismissal of Class Action Allegations and Claims with prejudice by TRI-UNION SEAFOODS, L.L.C.. (GOLDSTEIN, SCOTT) |
| May 16, 2006 | 14 | Letter from Kenneth A. Schoen. (Attachments: # 1 # 2 # 3)(SCHOEN, KENNETH) |
| May 31, 2006 | 15 | Notice of Request by Pro Hac Vice to receive Notices of Electronic Filings. (SCHOEN, KENNETH) |
| June 20, 2006 | Motions No Longer Referred: 4 MOTION To Take Judicial Notice for Documents and Facts Listed Therein (LM, ) | |
| January 8, 2007 | 16 | OPINION . Signed by Judge Dennis M. Cavanaugh on 1/8/07. (DD, ) |
| January 8, 2007 | 17 | ORDER that deft's motions are granted. Signed by Judge Dennis M. Cavanaugh on 1/8/07. (jd, ) |
| January 11, 2007 | ***Civil Case Terminated. (jd, ) | |
| January 23, 2007 | 18 | NOTICE OF APPEAL as to 17 Order by DEBORAH FELLNER. Filing fee $ 255, receipt number 343368. Balance due fof $200. USCA and counsel of record notified of appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (ji, ) |
| January 25, 2007 | 19 | NOTICE OF DOCKETING FROM USCA FOR THE THIRD CIRCUIT for 18 Notice of Appeal filed by DEBORAH FELLNER. USCA Case Number: 07-1238. USCA Case Manager: Anthony Infante. (Document Restricted - Court Only)(Infante, Anthony) |
| January 25, 2007 | 20 | USCA Appeal Fees received towards balance due of $ 200, receipt number 343456 re 18 Notice of Appeal (USCA), filed by DEBORAH FELLNER. (ji, ) |
| February 7, 2007 | 21 | TRANSCRIPT REQUEST by DEBORAH FELLNER re 18 Notice of Appeal (USCA), "None" selected in Section 1A. (ji, ) |
| August 19, 2008 | 22 | USCA JUDGMENT as to 18 Notice of Appeal filed by DEBORAH FELLNER. The Judgment of the District Court entered January 9, 2007 is hereby Reversed and this matter is Remanded to the District Court for further proceedings. (ca3ai) |
| September 23, 2008 | 23 | MANDATE of USCA as to 18 Notice of Appeal filed by DEBORAH FELLNER. (Attachments: # 1 Court's Opinion, # 2 Court's Mandate Letter)(ca3ai) |
| September 24, 2008 | Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 9/23/08. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (ji, ) | |
| May 15, 2009 | Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 5/15/2009. (drc, ) | |
| May 18, 2009 | 24 | LETTER ORDER - Scheduling Conference set for 6/3/2009 at 10:30 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 5/18/09. (LM, ) |
| June 5, 2009 | 25 | Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Certification of Kenneth A. Schoen, Esq in support of motion to dismiss, # 2 Exhibit A to Schoen Certification, # 3 Exhibit B to Schoen Certification, # 4 Exhibit C to Schoen Certification, # 5 Exhibit D to Schoen Certification, # 6 Brief in support of motion to dismiss, # 7 Text of Proposed Order re motion to dismiss)(GOLDSTEIN, SCOTT) |
| June 5, 2009 | Set Deadlines as to 25 Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6)Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6). Motion set for 7/6/2009 10:00 AM before Judge Dennis M. Cavanaugh. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) | |
| June 25, 2009 | 26 | ORDER adjourning the return date on deft's motion to dismiss to 7/20/2009. Signed by Judge Dennis M. Cavanaugh on 06/25/2009. (nr, ) |
| July 6, 2009 | 27 | BRIEF in Opposition re 25 Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6)Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) filed by DEBORAH FELLNER. (Attachments: # 1 Certification, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(EICHEN, BARRY) |
| July 8, 2009 | 28 | AMENDED COMPLAINT against all defendants all defendants., filed by DEBORAH FELLNER.(EICHEN, BARRY) |
| July 13, 2009 | 29 | REPLY to Response to Motion re 25 Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6)Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) Adjournment Request on Reply (3 days on consent) filed by TRI-UNION SEAFOODS, L.L.C.. (SCHOEN, KENNETH) |
| July 16, 2009 | 30 | REPLY BRIEF to Opposition to Motion re 25 Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6)Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) filed by TRI-UNION SEAFOODS, L.L.C.. (SCHOEN, KENNETH) |
| July 27, 2009 | 31 | Application and Proposed Order for Clerk's Order to extend time to answer as to Plaintiff's Amended Complaint.. (GOLDSTEIN, SCOTT) |
| August 2, 2009 | CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document #31 submitted by S. GOLDSTEIN on 7/27/2009 has been DENIED. (nr, ) | |
| August 3, 2009 | 32 | ANSWER to Amended Complaint letter requesting that the Court excuse Tri-Union's obligation to respond to the Amended Complaint until after the motion to dismiss the original Complaint is decided by TRI-UNION SEAFOODS, L.L.C..(GOLDSTEIN, SCOTT) |
| August 7, 2009 | CLERKS QUALITY CONTROL MESSAGE - The Letter Doc. #32 filed by S. GOLDSTEIN on 8/3/2009 was submitted incorrectly as an Answer. PLEASE RESUBMIT THE Letter USING Letter. This submission will remain on the docket unless otherwise ordered by the court. (nr, ) | |
| August 10, 2009 | 33 | Letter from Ken Schoen re 28 Amended Complaint. (GOLDSTEIN, SCOTT) |
| August 11, 2009 | 34 | Letter from Ken Schoen re withdrawal of motion to dismiss plaintiff's initial Complaint without prejudice re 28 Amended Complaint, 25 Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6)Second MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6). (GOLDSTEIN, SCOTT) |
| August 31, 2009 | 35 | MOTION to Dismiss by TRI-UNION SEAFOODS, L.L.C.. Responses due by 9/21/2009 (Attachments: # 1 Brief, # 2 Certification, # 3 Text of Proposed Order)(SCHOEN, KENNETH) |
| August 31, 2009 | Set Deadlines as to 35 MOTION to Dismiss. Motion set for 10/5/2009 before Judge Dennis M. Cavanaugh. The motion will be decided on the papers. No appearances required unless notified by the court. (mn, ) | |
| September 21, 2009 | 36 | RESPONSE in Opposition re 35 MOTION to Dismiss filed by DEBORAH FELLNER. (Attachments: # 1 Certification Exhibits)(EICHEN, BARRY) |
| September 25, 2009 | 37 | Letter from Scott Goldstein re request for extension of time to file to file reply re 35 MOTION to Dismiss. (GOLDSTEIN, SCOTT) |
| September 25, 2009 | 38 | LETTER ORDER granting request to extend time to file response to motion to dismiss. Signed by Judge Dennis M. Cavanaugh on 09/25/2009. (nr, ) |
| October 1, 2009 | 39 | APPLICATION/PETITION for Judicial notice of selected documents for by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Certification in support of motion of judicial notice, # 2 Exhibit Exhibit 1 in support of motion for judicial notice, # 3 Exhibit 2 in support of motion for judicial notice, # 4 Exhibit Part 1 of Exhibit 3 in support of motion for judicial notice, # 5 Exhibit Part 2 of Exhibit 3 in support of motion for judicial notice, # 6 Text of Proposed Order granting judicial notice)(GOLDSTEIN, SCOTT) |
| October 1, 2009 | 40 | REPLY BRIEF to Opposition to Motion re 35 MOTION to Dismiss Plaintiff's Complaint pursuant to Fed R. Civ. P. 12(b)(6) filed by TRI-UNION SEAFOODS, L.L.C.. (GOLDSTEIN, SCOTT) |
| October 1, 2009 | 41 | CERTIFICATION in Support re 35 MOTION to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) filed by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Exhibit 1 to Reply Certification in further support of motion to dismiss, # 2 Exhibit 2 to reply certification in further support of motion to dismiss, # 3 Exhibit part 1 of Exhibit 3 to reply certification in further support of motion to dismiss, # 4 Exhibit Part 2 of Exhibit 3 to reply certification in further support of motion to dismiss plaintiff's complaint., # 5 Exhibit to reply certification in further support of motion to dismiss plaintiff's Complaint.)(GOLDSTEIN, SCOTT) |
| October 5, 2009 | 42 | LETTER ORDER withdrawing Tri-Union's motion to dismiss. Signed by Judge Dennis M. Cavanaugh on 10/05/2009. (nr, ) |
| October 9, 2009 | 43 | RESPONSE in Opposition re 35 MOTION to Dismiss filed by DEBORAH FELLNER. (EICHEN, BARRY) |
| October 13, 2009 | CLERKS QUALITY CONTROL MESSAGE - The Cross Motion Doc. #43 filed by B. EICHEN on 10/09/20098 was submitted incorrectly as a Response. PLEASE RESUBMIT THE Cross Motion USING Motion. This submission will remain on the docket unless otherwise ordered by the court. (nr, ) | |
| October 14, 2009 | 44 | MOTION to Strike by DEBORAH FELLNER. (EICHEN, BARRY) |
| October 14, 2009 | Set Deadlines as to 44 MOTION to Strike. Motion set for 11/16/2009 10:00 AM before Judge Dennis M. Cavanaugh. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) | |
| October 15, 2009 | TEXT ORDER - Please be advised that there shall be a status/settlement conference via telephone on Tuesday, October 20, 2009 at 11:30 a.m. before Magistrate Judge Mark Falk. It shall be plaintiffs counsels responsibility to arrange for and initiate the conference call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Mark Falk on 10/15/09. (LM, ) | |
| October 20, 2009 | Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 10/20/2009. (drc, ) | |
| November 2, 2009 | 45 | CERTIFICATION in Opposition re 44 MOTION to Strike filed by TRI-UNION SEAFOODS, L.L.C.. (Attachments: # 1 Exhibit A to Certification in opposition to plaintiff's motion to strike defendant's motion for judicial notice, # 2 Exhibit B to Certification in Opposition to plaintiff's motion to strike Tri-Union's motion seeking judicial notice, # 3 Exhibit part 1 of Exhibit C to Certification in Opposition to plaintiff's motion to strike Tri-Union's motion seeking judicial notice for certain documents, # 4 Exhibit Part 2 of C to Certification in Opposition to plaintiff's motion to strike Tri-Union's motion for judicial notice of certain documents)(GOLDSTEIN, SCOTT) |
| November 2, 2009 | 46 | BRIEF in Opposition re 44 MOTION to Strike filed by TRI-UNION SEAFOODS, L.L.C.. (GOLDSTEIN, SCOTT) |
| November 9, 2009 | 47 | REPLY to Response to Motion re 44 MOTION to Strike filed by DEBORAH FELLNER. (EICHEN, BARRY) |
| January 12, 2010 | Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 1/12/2010. (drc, ) | |
| April 13, 2010 | 48 | OPINION. Signed by Judge Dennis M. Cavanaugh on 04/13/2010. (nr, ) |
| April 13, 2010 | 49 | ORDER granting in part and denying in part 35 Motion to Dismiss ; denying 44 Motion to Strike deft's motion for judicial notice. Signed by Judge Dennis M. Cavanaugh on 04/13/2010. (nr, ) |
| April 15, 2010 | 50 | LETTER ORDER - Scheduling Conference set for 5/19/2010 at 11:00 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 4/15/10. (LM, ) |
| May 19, 2010 | Minute Entry for proceedings held before Magistrate Judge Mark Falk: Scheduling Conference held on 5/19/2010. (drc, ) | |
| May 21, 2010 | 51 | PRETRIAL SCHEDULING ORDER: Status/settlement Conference set for 8/19/2010 10:30 AM before Magistrate Judge Mark Falk. Amended Pleadings due by 9/1/2010. Discovery due by 3/1/2011.. Signed by Magistrate Judge Mark Falk on 05/21/2010. (nr, ) |
| June 21, 2010 | Case Reassigned to Judge Magistrate Judge Joseph A. Dickson. Judge Magistrate Judge Mark Falk no longer assigned to the case. (tjg, ) | |
| July 14, 2010 | Remark: The parties are advised that the in person status/settlement conference scheduled for 8/19/10 has been adjourned until 9/9/10 at 11:30 a.m. before USMJ Joseph A. Dickson, Courtroom 5A, US Courthouse Building, 50 Walnut Street, Newark, NJ. Thank you. (nm, ) |
Docket Report Last Updated: July 30, 2010 03:57:27 PDT
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| Plaintiff: DEBORAH FELLNER | |
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| Represented By: BARRY R. EICHEN | |
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| Defendant: TRI-UNION SEAFOODS, L.L.C. | |
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| Represented By: KENNETH ANDREW SCHOEN | |
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