Burgoyne v. General Mills Incorporated et al
| John Burgoyne |
| General Mills Incorporated, Ball Corporation, Ardagh Metal Beverage USA Incorporated, Crown Holdings Incorporated, Graphic Packaging International Incorporated, Graphic Packaging Holding Company, Silgan Holdings Incorporated, Silgan Containers LLC, Sonoco Products Company, Can Corporation of America Incorporated and Wal-Mart Stores |
| 2:2023cv02370 |
| November 13, 2023 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Personal Injury: Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 REPORT of Rule 26(f) Planning Meeting by John Burgoyne. (Edmunds, Lauren) |
Filing 31
ORDER that counsel for Plaintiff shall file a status report within 7 days of the date of this Order concerning the status of its case against Defendant Wal-Mart Stores. FURTHER ORDERED that the Clerk of the Court shall terminate Defendant Wal-Mart Stores without further order of the Court, if Plaintiff fails to file either a status report or an application for entry of default within the timeframe specified herein. Signed by Judge Douglas L Rayes on 1/8/2024. (RMV)
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| Remark: Pro hac vice motion(s) granted for David T Biderman on behalf of Defendant General Mills Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 30 NOTICE of Service of Discovery filed by Silgan Containers LLC. (Benveniste, Katherine) |
| Filing 29 NOTICE of Service of Discovery filed by Silgan Containers LLC. (Benveniste, Katherine) |
| Filing 28 NOTICE of Service of Discovery filed by General Mills Incorporated. (Ryerson, Thomas) |
| Filing 27 NOTICE of Service of Discovery filed by John Burgoyne. (Edmunds, Lauren) |
| Filing 26 NOTICE of Service of Discovery filed by Silgan Containers LLC. (Benveniste, Katherine) |
| Filing 25 NOTICE of Service of Discovery filed by General Mills Incorporated. (Ryerson, Thomas) |
| Filing 24 NOTICE of Service of Discovery filed by John Burgoyne. (Edmunds, Lauren) |
| Filing 23 NOTICE of Party Dismissal by John Burgoyne. Party Graphic Packaging International Incorporated terminated. (Brown, Craig) |
| Remark: Pro hac vice motion(s) granted for Joseph Griffith on behalf of Defendant Silgan Containers LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Out of state attorney Nicholas I Flowers terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 22 NOTICE of Appearance by Matthew Robert Koerner on behalf of General Mills Incorporated. (Koerner, Matthew) |
| Filing 21 SERVICE EXECUTED filed by John Burgoyne: Affidavit of Service re: Summons and Complaint upon Graphic Packaging International on October 30, 2023. (Brown, Craig) |
| Filing 20 SERVICE EXECUTED filed by John Burgoyne: Affidavit of Service re: Summons and Complaint upon Walmart Stores, Inc. on November 9, 2023. (Brown, Craig) |
| Filing 19 NOTICE of Appearance by Craig D Brown on behalf of John Burgoyne. (Brown, Craig) |
| Filing 18 NOTICE of Appearance by Lauren E Edmunds on behalf of John Burgoyne. (Edmunds, Lauren) |
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Filing 17
ORDER that Plaintiff serve Defendants Graphic Packaging International Incorporated and Wal-Mart Stores with the summons and complaint and file with the Clerk of the Court proof thereof pursuant to Rule 4(l), or otherwise show good cause for the failure to timely serve by no later than December 20, 2023. FURTHER ORDERED that, if Plaintiff fails to comply with this Order, the Clerk of Court shall terminate these Defendants. Signed by Judge Douglas L Rayes on 11/28/2023. (RMV)
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| Remark: Pro hac vice motion(s) granted for Lauren E Edmunds on behalf of Plaintiff John Burgoyne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Craig D Brown on behalf of Plaintiff John Burgoyne. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 16
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Scheduling Conference is set for January 18, 2024 at 10:30 a.m. (Arizona time). The Court anticipates this hearing to be held telephonically. The parties will be provided with call-in information via separate email. In preparation for this Scheduling Conference, it is hereby Ordered as follows: The parties are ordered to provide initial disclosures at least 21 calendar days before the Scheduling Conference in the form required by Federal Rule of Civil Procedure 26(a)(1). If a party has been served, but has not appeared, plaintiff or counter-claimant shall give notice of this order to that party. See document for complete details. Signed by Judge Douglas L Rayes on 11/21/2023. (KLG)
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| Filing 15 NOTICE re: Consent to Removal by General Mills Incorporated . (Ryerson, Thomas) |
| Filing 14 STATEMENT of Diversity Disclosure by Defendant Silgan Containers LLC. (Benveniste, Katherine) |
| Filing 13 Corporate Disclosure Statement by Silgan Containers LLC identifying Other Affiliate Silgan Holdings Inc. for Silgan Containers LLC. (Benveniste, Katherine) |
| Filing 12 ANSWER to Complaint by Silgan Containers LLC.(Benveniste, Katherine) |
| Filing 11 NOTICE of Appearance by C Lincoln Combs on behalf of John Burgoyne. (Combs, C) |
| Filing 10 NOTICE of Appearance by C Lincoln Combs on behalf of John Burgoyne. (Combs, C) |
| Filing 9 NOTICE of Party Dismissal by John Burgoyne. Party Silgan Holdings Incorporated terminated. (Combs, C) |
| Filing 8 DEFENDANT'S DEMAND for Jury Trial by General Mills Incorporated. (Ryerson, Thomas) |
| Filing 7 ANSWER to Complaint by General Mills Incorporated.(Ryerson, Thomas) |
| Filing 6 Corporate Disclosure Statement by General Mills Incorporated. (Ryerson, Thomas) |
| Filing 5 NOTICE of Party Dismissal by John Burgoyne. Party Can Corporation of America Incorporated, Crown Holdings Incorporated, Graphic Packaging Holding Company, Sonoco Products Company, Ardagh Metal Beverage USA Incorporated and Ball Corporation terminated. (Combs, C) |
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Filing 4
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 11/14/2023. (RMV)
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| Filing 3 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to General Mills Incorporated. (MCO) |
| Filing 2 Filing fee paid, receipt number AAZDC-22479909. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-23-2370-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-014556. Filing fee received: $ 402.00, receipt number AAZDC-22479909 filed by General Mills Incorporated. (Ryerson, Thomas) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MCO) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Certificate of Service re: Summons, Complaint and Certificate of Compulsory Arbitration upon Maria Martinez, Agent, authorized to accept service on behalf of General Mills Incorporated on 10/12/2023. (Original filed in Maricopa County Superior Court on 10/26/2023). Certificate of Service re: Summons, Complaint and Certificate of Compulsory Arbitration upon Christina Garrett, authorized to accept service on behalf of Sonoco Products Company on 10/12/2023. (Original filed in Maricopa County Superior Court on 10/26/2023). (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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