Robert Briseno v. Conagra Foods, Inc.
Plaintiff: Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky and Anita Willman
Defendant: Conagra Foods, Inc.
3Rd Party Plaintiff: Adam J. Levitt of DiCello Levitt Gutzler LLC
Interested Party: Shiyang Huang
Not Classified By Court: M. Todd Henderson
Case Number: 2:2011cv05379
Filed: June 28, 2011
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Margaret M Morrow
2 Judge: Alicia G Rosenberg
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2023 Opinion or Order Filing 814 NOTICE OF MOTION AND MOTION for Attorney Fees , Expense Reimbursement, and Incentive Award filed by Objector M. Todd Henderson. Motion set for hearing on 4/17/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Theodore H. Frank, #2 Proposed Order) (Frank, Theodore)
March 3, 2023 Opinion or Order Filing 813 NOTICE OF MOTION AND MOTION for Settlement Approval of THE NEW SETTLEMENT AND AWARD OF ATTORNEYS' EXPENSES AND PLAINTIFFS' SERVICE AWARDS filed by Plaintiff Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Declaration [REDACTED] JOINT DECLARATION OF ARIANA J. TADLER, ADAM LEVITT, AND DAVID AZAR IN SUPPORT OF PLAINTIFFS' MOTION FOR FINAL APPROVAL OF NEW SETTLEMENT, #2 Proposed Order) (Azar, David)
February 21, 2023 Opinion or Order Filing 812 MINUTE ORDER (IN CHAMBERS) ORDER ADVANCING FINAL APPROVAL HEARING by Judge Cormac J. Carney: The final approval hearing in this case is currently set for April 24, 2023. (Dkt. 811 at 23.) The Court hereby ADVANCES the final approval hearing to April 17, 2023, at 1:30 p.m. (bm)
November 14, 2022 Opinion or Order Filing 811 ORDER by Judge Cormac J. Carney: Granting #807 Plaintiffs' MOTION for Preliminary Approval of Class Action Settlement [Dkt. 807]. The Court sets the Final Approval Hearing for Monday, April 24, 2023, at 1:30 p.m. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
October 20, 2022 Opinion or Order Filing 810 Mail Returned addressed to Henry Kelston re Text Only Scheduling Notice, 809 (twdb)
October 6, 2022 Opinion or Order Filing 809 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. In light of the filing of Plaintiffs Motion for Preliminary Approval of the Settlement, Approval of Form and Manner of Notice, Approval to Notice the Classes, and Setting Final Settlement Schedule and Date for Final Approval Hearing #807 , the Status Conference set for 10/12/2022 at 2:30 PM is hereby vacated and off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
October 3, 2022 Opinion or Order Filing 808 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Settlement Approval #807 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)
September 30, 2022 Opinion or Order Filing 807 NOTICE OF MOTION AND MOTION for Settlement Approval of Notice of Motion and Motion for Preliminary Approval of the Settlement, Approval of Form and Manner of Notice, Approval to Notice the Classes, and Setting Final Settlement Schedule and Date for Final Approval Hearing filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. Motion set for hearing on 11/21/2022 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Approval of the Settlement, Approval of Form and Manner of Notice, Approval to Notice the Classes, and Setting Final Settlement Schedule and Date for Final Approval Hearing Pursuant to Fed. R. Civ. P. 23(e)(1), #2 Declaration Joint Declaration of Ariana J. Tadler, Adam Levitt, and David Azar in Support of Plaintiffs' Motion for Preliminary Approval of New Settlement, Approval of Form and Manner of Notice, Approval to Notice the Classes, and Setting Final Settlement Schedule and Date for Final Approval Hearing) (Azar, David)
September 22, 2022 Opinion or Order Filing 806 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. In light of the filing of Joint Status Report #805 , the Court continues the Status Conference from 9/26/2022 at 3:30 PM to 10/12/2022 at 2:30 PM before Judge Cormac J. Carney. Plaintiffs will file the preliminary approval papers on or before September 30, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp)
September 21, 2022 Opinion or Order Filing 805 STATUS REPORT Joint Status Report filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Keller, Amy)
August 15, 2022 Opinion or Order Filing 804 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. On the Court's own motion, a Status Conference is set for 9/26/2022 at 3:30 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
August 12, 2022 Opinion or Order Filing 803 JOINT STATUS REPORT filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Azar, David)
August 5, 2022 Opinion or Order Filing 802 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER DIRECTING THE PARTIES TO SUBMIT A JOINT REPORT ON STATUS OF SETTLEMENT. The Court therefore ORDERS the parties to submit a joint report on the status of these items no later than August 12, 2022. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
June 3, 2022 Opinion or Order Filing 801 Mail Returned addressed to Henry J Kelston re Text Only Scheduling Notice, 800 (rolm)
May 4, 2022 Opinion or Order Filing 800 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. In light of the parties' settlement, the Status Conference for May 16, 2022 is hereby vacated and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
April 20, 2022 Opinion or Order Filing 799 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. The Court, with the agreement of counsel, sets an in-person Status Conference for 5/16/2022 at 10:00 AM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
March 8, 2022 Opinion or Order Filing 798 Mail Returned addressed to Henry Kelston re Order on Motion for Reconsideration, #795 (twdb)
March 7, 2022 Opinion or Order Filing 797 Mail Returned addressed to Henry J Kelston re Text Only Scheduling Notice 787 . (lom)
March 7, 2022 Opinion or Order Filing 796 Mail Returned addressed to Henry J Kelston re Deficiency in Electronically Filed Documents (G-112A) #785 . (lom)
February 22, 2022 Opinion or Order Filing 795 ORDER by Judge Cormac J. Carney: Denying Plaintiffs' #784 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Renewed Motion for Final Approval of Class Action Settlement (Dkt. 742), #742 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
February 14, 2022 Opinion or Order Filing 792 REPLY In Support NOTICE OF MOTION AND MOTION for Reconsideration re Order #779 PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURTS ORDER DENYING PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AW #784 filed by Plaintiff Robert Briseno. (Azar, David)
February 7, 2022 Opinion or Order Filing 791 OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Order #779 PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURTS ORDER DENYING PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AW #784 filed by Objector M. Todd Henderson. (Frank, Theodore)
February 2, 2022 Opinion or Order Filing 794 Mail Returned addressed to Henry Kelston re #778 (twdb)
February 2, 2022 Opinion or Order Filing 793 Mail Returned addressed to Henry Kelston re Order on Motion for Leave to File Document Under Seal #780 (twdb)
January 13, 2022 Opinion or Order Filing 789 Mail Returned addressed to Henry Kelston re Order on Motion for Leave, #766 (twdb)
January 10, 2022 Opinion or Order Filing 790 Mail Returned addressed to Henry Kelston re Order #779 (twdb)
January 6, 2022 Opinion or Order Filing 787 SCHEDULING NOTICE by Judge Cormac J. Carney re: NOTICE OF MOTION AND MOTION for Reconsideration re Order #779 PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURTS ORDER DENYING PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AW #784 Motion set for hearing on 2/28/2022 at 01:30 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
January 6, 2022 Opinion or Order Filing 786 OPPOSITION TO PLAINTIFFS' MOTION FOR RECONSIDERATION OF ORDER DENYING PLAINTIFFS' RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT, AND AWARD OF ATTORNEY'S FEES, EXPENSES, AND SERVICE AWARDS #784 filed by Interested Party Shiyang Huang. (lom)
January 6, 2022 Opinion or Order Filing 785 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Reconsideration #779 PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURTS ORDER DENYING PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AW #784 . The following error(s) was/were found: Lacking Notice of Motion Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb)
January 5, 2022 Opinion or Order Filing 784 NOTICE OF MOTION AND MOTION for Reconsideration re Order #779 PLAINTIFFS MOTION FOR RECONSIDERATION OF THE COURTS ORDER DENYING PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AWARDS filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
December 28, 2021 Opinion or Order Filing 783 REPLY in Support NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 REPLY IN SUPPORT OF RENEWED MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AWARDS, RE-FILED PER ECF No. 780 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
December 28, 2021 Opinion or Order Filing 782 EXHIBIT Filed filed by Objector M. Todd Henderson. Publicly Filed Exhibits D, J, K, and M as to Sealed Document,, #781 . (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit M)(Frank, Theodore)
December 28, 2021 Opinion or Order Filing 781 SEALED DOCUMENT Declaration of Theodore H. Frank and Offer of Proof re Objection/Opposition (Motion related) #759 , Order on Motion for Leave to File Document Under Seal,,, #780 filed by Objector M. Todd Henderson. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit L, #11 Exhibit N, #12 Exhibit O, #13 Exhibit P, #14 Exhibit Q, #15 Exhibit R, #16 Exhibit S, #17 Exhibit T, #18 Exhibit U, #19 Exhibit V, #20 Exhibit W, #21 Exhibit X, #22 Exhibit Y, #23 Exhibit Z, #24 Exhibit AA, #25 Exhibit BB)(Frank, Theodore)
December 22, 2021 Opinion or Order Filing 780 ORDER GRANTING IN SUBSTANTIAL PART OBJECTOR M. TODD HENDERSONS AND PLAINTIFFS APPLICATIONS TO FILE DOCUMENTS UNDER SEAL [Dkts. 757, 768] by Judge Cormac J. Carney: RE: #757 , #768 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
December 22, 2021 Opinion or Order Filing 779 ORDER Denying Plaintiffs' Motion for Final Approval of Class Action Settlement [Dkt. 742] by Judge Cormac J. Carney, re #742 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
December 21, 2021 Opinion or Order Filing 788 Mail Returned addressed to Henry Kelston re Striking Electronically Filed Documents (G-106), #756 (twdb)
December 20, 2021 Opinion or Order Filing 778 MINUTES OF RENEWED MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS' FEES, EXPENSES, AND SERVICE AWARDS #742 held before Judge Cormac J. Carney. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. (iv)
December 16, 2021 Opinion or Order Filing 777 Class Member Shiyang Huang's Supplemental STATEMENT to Class Counsel's Various Ad Hominem Accusations filed by Interested Party Shiyang Huang (twdb)
December 16, 2021 Opinion or Order Filing 776 NOTICE of Supplemental Authority filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. PLAINTIFFS SUBMISSION OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES AND REPRESENTATIVE PLAINTIFFS SERVICE AWARDS (Attachments: #1 Exhibit A)(Azar, David)
December 15, 2021 Opinion or Order Filing 775 RESPONSE filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willmanto Objection #771 Plaintiffs' Response to Class Member Shiyang Huang's Opposition to Class Counsel's Application to Seal Reply Brief [Dkt. 771[ (Azar, David)
December 15, 2021 Opinion or Order Filing 774 NOTICE Plaintiffs' Notice of Filing in Public Record Exhibit Nos. 1-25, 27-29, and 48-53 to Joint Reply Declaration of Class Counsel in Support of Plaintiffs' Renewed Motion for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses and Representative Plaintiffs' Service Awards filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Exhibit Ex 01 - Conagra.2021.10.02 Frank to Keller and Spivey re LR7-19 discovery motion, #2 Exhibit Ex 02 - 2021.10.04 - Email - AJT to TF, #3 Exhibit Ex 03 - 2021.10.06 - Email - TF to A. Spivey, #4 Exhibit Ex 04 - 2021.10.07 - Email - AJT to TF, #5 Exhibit Ex 05 - 2021.10.07 - Email - TF to AJT, #6 Exhibit Ex 06 - 2021.10.07 - Email - AJT to TF ['based on your message'], #7 Exhibit Ex 07 - 2021.10.20 - Henderson Rule 34 RFP, #8 Exhibit Ex 08 - 2021.10.21 - Email - A. Spivey to TF, #9 Exhibit Ex 09 - 2021.10.22 - Email - TF to AS ['regrettably, ms. spivey'], #10 Exhibit Ex 10 - 2021.10.25 - Email-Letter - AJT to TF, #11 Exhibit Ex 11 - 2021.10.27 - Email-Letter TF to AJT re meet and confer, #12 Exhibit Ex 12 - 2021.10.30 - Letter - AJT to TF_, #13 Exhibit Ex 13 - 2021.11.01 - Email - J. Andren to AJT, AS, #14 Exhibit Ex 14 - 2021.11.01 - Email - TF to J. Andren, #15 Exhibit Ex 15 - 2021.11.02 - Letter - TF to AJT re 10.30 letter, #16 Exhibit Ex 16 - 2021.11.05 - Email - AJT to TF re A. Levitt availability, #17 Exhibit Ex 17 - 2021.11.08 - Email - AJT to TF re A. Levitt availability, #18 Exhibit Ex 18 - 2021.11.09 - Email+Attachment - A. Straus to TF, #19 Exhibit Ex 19 - 2021.11.10 - Email+Letter - AJT to TF re production 1, #20 Exhibit Ex 20 - 2021.11.11 - Email+Letter - AJT to TF re production 2, #21 Exhibit Ex 21 - 2021.11.13 - Email - J. Andren to AJT re Notices of Depo, #22 Exhibit Ex 22 - 2021.11.14 - Email - AJT to J. Andren, #23 Exhibit Ex 23 - 2021.11.15 - Email - AK to TF confirming A. Levitt availability, #24 Exhibit Ex 24 - 2021.11.17 - Email - J. Andren re video access info, #25 Exhibit Ex 25 - 2021.11.19 - Email - AK to TF, #26 Exhibit Ex 27 - 2021.11.19 - Email - J. Andren to AK withdrawing depos, #27 Exhibit Ex 28 - 2021.11.19 - Email - AJT reply to J. Andren, #28 Exhibit Ex 29 - 2021.11.29 - Email - J. Andren to CC re LRs, #29 Exhibit Ex 48 - Lee_17-11042_docket, #30 Exhibit Ex 49 - Lee_101 [joint statement], #31 Exhibit Ex 50 - Conagra-APP 2020.04.03 _14_ - Opening Brief of Appellant M. Todd Henderson, #32 Exhibit Ex 51 - Tadler Law Firm Resume 2021.10.15(17946.1), #33 Exhibit Ex 52 - DLG Firm Resume, #34 Exhibit Ex 53 -Milberg Resume)(Azar, David)
December 15, 2021 Opinion or Order Filing 773 NOTICE OF LODGING filed Plaintiffs' Notice of Lodging of Proposed Redacted Documents Regarding Application for Leave to File Under Seal (Dkt. 768) Pending Approval of Court re APPLICATION to file document Reply in Support of Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses, and Service Awards under seal #768 (Attachments: #1 Redacted Document Redacted version of Reply In Support Of Renewed Motion And Memorandum In Support For Final Approval Of The Settlement And Award Of Attorneys Fees, Expenses, And Service Awards, #2 Redacted Document Redacted version of Joint Reply Declaration of Class Counsel in Support of Plaintiffs Renewed Motion for Final Approval of the Settlement and Award of Attorneys Fees, Expenses, & Representative Plaintiffs Service Awards)(Azar, David)
December 14, 2021 Opinion or Order Filing 772 DECLARATION of Andrew G. Phillips in Support of Plaintiffs' Application for Leave to File Under Seal APPLICATION to file document Reply in Support of Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses, and Service Awards under seal #768 filed by Defendant Conagra Foods, Inc.. (Phillips, Andrew)
December 11, 2021 Opinion or Order Filing 771 Class Member Shiyang Huang's Opposition to Class Counsel's Application to Seal Reply Brief filed by Interested Party Shiyang Huang. (twdb)
December 10, 2021 Opinion or Order Filing 770 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses, and Service Awards under seal #768 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Unredacted Document Ex 41 - DOC_00000415, #2 Unredacted Document Ex 42 - DOC_00000416, #3 Unredacted Document Ex 43 - DOC_00000079, #4 Unredacted Document Ex 44 - DOC_00000073, #5 Unredacted Document Ex 45 - DOC_00000543, #6 Unredacted Document Ex 46 - DOC_00001929, #7 Unredacted Document Ex 47 - DOC_00000311, #8 Unredacted Document Ex 48 - Lee_17-11042_docket, #9 Unredacted Document Ex 49 - Lee_101 [joint statement], #10 Unredacted Document Ex 50 - Conagra-APP 2020.04.03 _14_ - Opening Brief of Appellant M. Todd Henderson(15634.1), #11 Unredacted Document Ex 51 - Tadler Law Firm Resume 2021.10.15, #12 Unredacted Document Ex 52 - DLG Firm Resume, #13 Unredacted Document Ex 53 -Milberg Resume)(Azar, David)
December 10, 2021 Opinion or Order Filing 769 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses, and Service Awards under seal #768 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Unredacted Document UNREDACTED Reply ISO Renewed Motion for Memo in Support for FInal Approval, #2 Unredacted Document UNREDACTED Joint Reply Decl of Class Counsel ISO Pltf Renewed Motion for Final Approval, #3 Unredacted Document Ex 01 - Conagra.2021.10.02 Frank to Keller and Spivey re LR7-19 discovery motion (003), #4 Unredacted Document Ex 02 - 2021.10.04 - Email - AJT to TF, #5 Unredacted Document Ex 03 - 2021.10.06 - Email - TF to A. Spivey, #6 Unredacted Document Ex 04 - 2021.10.07 - Email - AJT to TF, #7 Unredacted Document Ex 05 - 2021.10.07 - Email - TF to AJT, #8 Unredacted Document Ex 06 - 2021.10.07 - Email - AJT to TF ['based on your message'], #9 Unredacted Document Ex 07 - 2021.10.20 - Henderson Rule 34 RFP, #10 Unredacted Document Ex 08 - 2021.10.21 - Email - A. Spivey to TF, #11 Unredacted Document Ex 09 - 2021.10.22 - Email - TF to AS ['regrettably, ms. spivey'], #12 Unredacted Document Ex 10 - 2021.10.25 - Email-Letter - AJT to TF, #13 Unredacted Document Ex 11 - 2021.10.27 - Email-Letter TF to AJT re meet and confer, #14 Unredacted Document Ex 12 - 2021.10.30 - Letter - AJT to TF_, #15 Unredacted Document Ex 13 - 2021.11.01 - Email - J. Andren to AJT, AS, #16 Unredacted Document Ex 14 - 2021.11.01 - Email - TF to J. Andren, #17 Unredacted Document Ex 15 - 2021.11.02 - Letter - TF to AJT re 10.30 letter, #18 Unredacted Document Ex 16 - 2021.11.05 - Email - AJT to TF re A. Levitt availability, #19 Unredacted Document Ex 17 - 2021.11.08 - Email - AJT to TF re A. Levitt availability, #20 Unredacted Document Ex 18 - 2021.11.09 - Email+Attachment - A. Straus to TF, #21 Unredacted Document Ex 19 - 2021.11.10 - Email+Letter - AJT to TF re production 1, #22 Unredacted Document Ex 20 - 2021.11.11 - Email+Letter - AJT to TF re production 2, #23 Unredacted Document Ex 21 - 2021.11.13 - Email - J. Andren to AJT re Notices of Depo, #24 Unredacted Document Ex 22 - 2021.11.14 - Email - AJT to J. Andren, #25 Unredacted Document Ex 23 - 2021.11.15 - Email - AK to TF confirming A. Levitt availability, #26 Unredacted Document Ex 24 - 2021.11.17 - Email - J. Andren re video access info, #27 Unredacted Document Ex 25 - 2021.11.19 - Email - AK to TF, #28 Unredacted Document Ex 26 - 2021.11.19 - Levitt Depo, #29 Unredacted Document Ex 27 - 2021.11.19 - Email - J. Andren to AK withdrawing depos, #30 Unredacted Document Ex 28 - 2021.11.19 - Email - AJT reply to J. Andren, #31 Unredacted Document Ex 29 - 2021.11.29 - Email - J. Andren to CC re LRs, #32 Unredacted Document Ex 30 - CAG-Henderson000836, #33 Unredacted Document Ex 31 - CAG-Henderson000685, #34 Unredacted Document Ex 32 - DOC_00000175, #35 Unredacted Document Ex 33 - DOC_00000521, #36 Unredacted Document Ex 34 - DOC_00001489, #37 Unredacted Document Ex 35 - DOC_00001490, #38 Unredacted Document Ex 36 - DOC_00000426, #39 Unredacted Document Ex 37 - DOC_00000424, #40 Unredacted Document Ex 38 -DOC_00000573, #41 Unredacted Document Ex 39 - DOC_00000574, #42 Unredacted Document Ex 40 - DOC_00001002)(Azar, David)
December 10, 2021 Opinion or Order Filing 768 APPLICATION to file document Reply in Support of Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys' Fees, Expenses, and Service Awards under seal filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Proposed Order, #2 Redacted Document)(Azar, David)
December 10, 2021 Opinion or Order Filing 767 REPLY filed by Defendant Conagra Foods, Inc. to Objection/Opposition (Motion related) #759 to Proposed Settlement and to Fee Request (Spivey, Angela)
December 9, 2021 Opinion or Order Filing 766 ORDER GRANTING EX PARTE APPLICATION FOR LEAVE TO ALLOW ANGELA SPIVEY TO APPEAR REMOTELY VIA ZOOM VIDEOCONFERENCE #765 by Judge Cormac J. Carney. Upon due consideration of the Application and the papers filed therewith, and for good cause shown, the Motion is GRANTED. (lom)
December 9, 2021 Opinion or Order Filing 765 EX PARTE APPLICATION to Appear Remotely Via Zoom Videoconference by Angela M. Spivey at Hearing on December 20, 2021 filed by defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Angela M. Spivey) (Spivey, Angela)
December 8, 2021 Opinion or Order Filing 764 NOTICE OF ERRATA filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. correcting Declaration (Motion related), #763 (Attachments: #1 Joint Declaration of Class Counsel Supplementing and Joining the Declaration of Defendant's Counsel Andrew G Phillips Re Dkts. 757 and 761)(Azar, David)
December 7, 2021 Opinion or Order Filing 763 DECLARATION of Ariana J. Tadler, Adam J. Levitt and David Azar in support of APPLICATION to file document Declaration of Theodore H. Frank and Offer of Proof, and exhibits thereto under seal #757 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
December 7, 2021 Opinion or Order Filing 762 DECLARATION of Andrew G. Phillips re Sealed Declaration in SupportDeclaration,,,, #758 , APPLICATION to file document Declaration of Theodore H. Frank and Offer of Proof, and exhibits thereto under seal #757 in support of Objector M. Todd Henderson's Application for Leave to File Under Seal filed by Defendant Conagra Foods, Inc.. (Spivey, Angela)
December 7, 2021 Opinion or Order Filing 761 CLASS MEMBER SHIYANG HUANGS OPPOSITION TO OBJECTOR HENDERSONS APPLICATION TO SEAL, #757 filed by Interested Party Shiyang Huang. (shb)
December 6, 2021 Opinion or Order Filing 760 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Declaration #758 . The following error(s) was/were found: Title page is missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm)
December 3, 2021 Opinion or Order Filing 759 OBJECTION IN OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 #742 #745 filed by Objector M. Todd Henderson. (Frank, Theodore)
December 3, 2021 Opinion or Order Filing 758 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Theodore H. Frank and Offer of Proof, and exhibits thereto under seal #757 filed by Objector M. Todd Henderson. (Attachments: #1 Unredacted Document Declaration of Theodore H. Frank and Offer of Proof, #2 Exhibit Exhibit Index, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P, #19 Exhibit Exhibit Q, #20 Exhibit Exhibit R, #21 Exhibit Exhibit S, #22 Exhibit Exhibit T, #23 Exhibit Exhibit U, #24 Exhibit Exhibit V, #25 Exhibit Exhibit W, #26 Exhibit Exhibit X, #27 Exhibit Exhibit Y, #28 Exhibit Exhibit Z, #29 Exhibit Exhibit AA, #30 Exhibit Exhibit BB)(Frank, Theodore)
December 3, 2021 Opinion or Order Filing 757 APPLICATION to file document Declaration of Theodore H. Frank and Offer of Proof, and exhibits thereto under seal filed by Objector M. Todd Henderson. (Attachments: #1 Proposed Order)(Frank, Theodore)
November 29, 2021 Opinion or Order Filing 756 ORDER by Judge Cormac J. Carney: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First APPLICATION of Non-Resident Attorney Todd C. Jacobs to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32353808) #753 , Corrected APPLICATION of Non-Resident Attorney Todd C. Jacobs to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $500 Previously Paid on 11/18/2021, Receipt No. ACACDC-32353808) #754 , for the following reasons: There is no third party listed on the docket; (twdb)
November 22, 2021 Opinion or Order Filing 755 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Todd C. Jacobs to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $500 Previously Paid on 11/18/2021, Receipt No. ACACDC-32353808) #754 . The following error(s) was/were found: There is no third party listed on the docket. (sbou)
November 18, 2021 Opinion or Order Filing 754 (STRICKEN PURSUANT TO #756) Corrected APPLICATION of Non-Resident Attorney Todd C. Jacobs to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $500 Previously Paid on 11/18/2021, Receipt No. ACACDC-32353808) filed by Plaintiff Robert Briseno. (Attachments: #1 Supplement, #2 Proposed Order) (Straus, Alex) Modified on 11/29/2021 (twdb).
November 18, 2021 Opinion or Order Filing 753 (STRICKEN PURSUANT TO #756) First APPLICATION of Non-Resident Attorney Todd C. Jacobs to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32353808) filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order, #2 Supplement) (Attorney Alex R. Straus added to party Robert Briseno(pty:pla)) (Straus, Alex) Modified on 11/29/2021 (twdb).
October 20, 2021 Opinion or Order Filing 752 NOTICE of Supplemental Authority in Support of Huang Opposition to Renewed Motion for Final Approval (ECF No. #751 ) filed by interested party Shiyang Huang. (twdb)
October 6, 2021 Opinion or Order Filing 751 CLASS MEMBER SHIYANG HUANG'S OPPOSITION TO RENEWED MOTION FOR SETTLEMENT APPROVAL (ECF NO. #742 ) WITHOUT RE-NOTICE TO THE CLASS filed by Interested Party Shiyang Huang. (twdb)
October 6, 2021 Opinion or Order Filing 750 ORDER by Judge Cormac J. Carney: Granting in Part #746 Objector's EX PARTE APPLICATION for Discovery [Dkt. 746]. Discovery shall be completed by November 23, 2021. Objector shall file his response to Plaintiffs renewed motion for final approval by December 3, 2021. Plaintiffs reply shall be filed by December 10, 2021. The final approval hearing is hereby CONTINUED to December 20, 2021 at 1:30 p.m. ( Discovery cut-off 11/23/2021.) SEE DOCUMENT FR FURTHER INFORMATION. (twdb)
October 5, 2021 Opinion or Order Filing 749 OPPOSITION to EX PARTE APPLICATION for Order for Discovery (pursuant to Joint Amended Status Report) #729 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2021 EX PARTE APPLICATION for Extension of Time to File Opposition/Objection to Motion for Approval of Class Settlement EX PARTE APPLICATION to Continue Hearing from 11/1/2021 to 1/10/2022 Re: Text Only Scheduling Notice, 744 , Status Report #729 #746 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
October 5, 2021 Opinion or Order Filing 748 OPPOSITION to EX PARTE APPLICATION for Order for Discovery (pursuant to Joint Amended Status Report) #729 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2021 EX PARTE APPLICATION for Extension of Time to File Opposition/Objection to Motion for Approval of Class Settlement EX PARTE APPLICATION to Continue Hearing from 11/1/2021 to 1/10/2022 Re: Text Only Scheduling Notice, 744 , Status Report #729 #746 filed by Defendant Conagra Foods, Inc.. (Spivey, Angela)
October 4, 2021 Opinion or Order Filing 747 NOTICE OF ERRATA filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. correcting Memorandum in Support of Motion,, #742 , Declaration (Motion related),,, #743 (Azar, David)
October 4, 2021 Opinion or Order Filing 746 EX PARTE APPLICATION for Order for Discovery (pursuant to Joint Amended Status Report) #729 , EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2021, EX PARTE APPLICATION for Extension of Time to File Opposition/Objection to Motion for Approval of Class Settlement, EX PARTE APPLICATION to Continue Hearing from 11/1/2021 to 1/10/2022 Re: Text Only Scheduling Notice, 744 , Status Report #729 filed by Objector M. Todd Henderson. (Attachments: #1 Declaration of Theodore H. Frank with Exhibits A-D, #2 Proposed Order) (Frank, Theodore)
September 29, 2021 Opinion or Order Filing 745 RESPONSE filed by Defendant Conagra Foods, Inc.to Memorandum in Support of Motion,, #742 (Spivey, Angela)
September 24, 2021 Opinion or Order Filing 744 (IN CHAMBERS) SCHEDULING NOTICE by Judge Cormac J. Carney. The Renewed Motion and Memorandum in Support for Final Approval of the Settlement and Award of Attorneys Fees, Expenses, and Service Awards #742 is set for hearing on 11/1/2021 at 1:30 PM before Judge Cormac J. Carney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY Modified on 9/24/2021 (rrp).
September 23, 2021 Opinion or Order Filing 743 DECLARATION of Ariana J. Tadler, Adam J. Levitt, and David E. Azar in Support of NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 JOINT DECLARATION OF CLASS COUNSEL IN SUPPORT OF RENEWED MOTION FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES AND REPRESENTATIVE PLAINTIFFS SERVICE AWARDS filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper- Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Mustat, Julie Palmer, Cheri Shafstall, Maureen Towey, and Anita Willman . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Azar, David) Modified on 10/5/2021 (twdb). (filers corrected in the background RE 747) Modified on 10/5/2021 (twdb).
September 23, 2021 Opinion or Order Filing 742 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 RENEWED MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF THE SETTLEMENT AND AWARD OF ATTORNEYS FEES, EXPENSES, AND SERVICE AWARDS filed by Plaintiffs . (Azar, David) Modified on 10/5/2021 (twdb).(filers corrected in the background)
September 22, 2021 Opinion or Order Filing 741 Mail Returned addressed to Henry Kelston re Order on Motion #737 (twdb)
September 22, 2021 Opinion or Order Filing 740 Mail Returned addressed to Henry Kelston re Notice (Other) #738 (twdb)
September 8, 2021 Opinion or Order Filing 739 DECLARATION OF UNITED STATES MAGISTRATE JUDGE DOUGLAS F. McCORMICK [SEE DOCUMENT FOR DETAILS.] (es)
August 31, 2021 Opinion or Order Filing 738 ADDENDUM TO THE JUNE 25, 2013 STIPULATION AND PROTECTIVE ORDER #163 filed by Defendant Conagra Foods, Inc. (hr)
August 31, 2021 Opinion or Order Filing 737 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO SUPPLEMENT PROTECTIVE ORDER #734 by Magistrate Judge Alicia G. Rosenberg. THIS MATTER COMES BEFORE THE COURT on the Ex Parte Motion to Supplement the June 25, 2013, Stipulation and Protective Order. Accordingly, upon consideration of the Motion to Supplement and the papers filed therewith, and for good cause shown, the Motion is GRANTED. (hr)
August 11, 2021 Opinion or Order Filing 736 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Supplement the June 25, 2013 Stipulation and Protective Order (Ex Parte Motion for Leave to Supplement Protective Order) #734 (Attachments: #1 Exhibit A - Proposed Order Granting Ex Parte Motion for Leave to Supplement Protective Order)(Spivey, Angela)
August 9, 2021 Opinion or Order Filing 734 NOTICE OF MOTION AND MOTION to Supplement the June 25, 2013 Stipulation and Protective Order (Ex Parte Motion for Leave to Supplement Protective Order) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A - Proposed Addendum to June 25, 2013 Stipulation and Protective Order) (Spivey, Angela)
August 5, 2021 Opinion or Order Filing 735 Mail Returned addressed to Henry Kelston re Minutes of In Chambers Order/Directive, Case Reopened, #728 (twdb)
August 3, 2021 Opinion or Order Filing 733 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/19/2021 at 10:01 a.m. re Transcript #732 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY
August 3, 2021 Opinion or Order Filing 732 TRANSCRIPT for proceedings held on 7/19/2021 at 10:01 a.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 8/24/2021. Redacted Transcript Deadline set for 9/3/2021. Release of Transcript Restriction set for 11/1/2021. (dhs)
August 3, 2021 Opinion or Order Filing 731 NOTICE filed by Plaintiffs, Defendant, and Objector Robert Briseno, M. Todd Henderson. JOINT LIST OF IMPORTANT ISSUES FOR MAGISTRATE JUDGE McCORMICK TO CONSIDER ADDRESSING IN HIS DECLARATION (Azar, David)
July 26, 2021 Opinion or Order Filing 730 NOTICE of Change of Attorney Business or Contact Information: for attorney Andrei V Rado counsel for Plaintiff Robert Briseno. Changing firm name to Milberg Coleman Bryson Phillips Grossman, PLLC. Filed by Plaintiff Robert Briseno. (Rado, Andrei)
July 21, 2021 Opinion or Order Filing 729 STATUS REPORT JOINT AMENDED STATUS REPORT filed by Plaintiff Robert Briseno. (Azar, David)
July 19, 2021 Opinion or Order Filing 727 MINUTES OF Status Conference RE The Mandate of Ninth Circuit Court of Appeals held before Judge Cormac J. Carney: The Court hereby orders counsel to file a joint amended status report memorializing the dates as stated on the record on or before 7/21/21. Court Reporter: Debbie Hino-Spaan. (twdb)
July 12, 2021 Opinion or Order Filing 726 NOTICE of Change of address by Ariana J Tadler attorney for Plaintiff Robert Briseno. Changing attorneys address to 22 Bayview Avenue, Suite 200, Manhasset, NY 10119. Filed by Plaintiff Robert Briseno. (Tadler, Ariana)
July 8, 2021 Opinion or Order Filing 725 STATUS REPORT JOINT STATUS REPORT filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Azar, David)
July 8, 2021 Opinion or Order Filing 724 NOTICE of Response to Court's Order of June 29, 2021 722 filed by Objector M. Todd Henderson. (Frank, Theodore)
July 1, 2021 Opinion or Order Filing 723 NOTICE of Change of Attorney Business or Contact Information: for attorney Sanford P Dumain counsel for Plaintiff Robert Briseno. Changing firm name to Milberg Coleman Bryson Phillips Grossman, PLLC. Filed by Plaintiff Robert Briseno. (Dumain, Sanford)
June 29, 2021 Opinion or Order Filing 722 [IN CHAMBERS] SCHEDULING NOTICE by Judge Cormac J. Carney. In light of the Mandate of Ninth Circuit Court of Appeals #721 , an IN PERSON Status Conference is set for 7/19/2021 at 10:00 AM. Counsel shall file a joint status report by 7/8/2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
June 23, 2021 Opinion or Order Filing 728 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: ORDER REOPENING ACTION IN LIGHT OF MANDATE OF NINTH CIRCUIT COURT OF APPEALS. In light of the mandate filed by the united States Court of Appeals for the Ninth Circuit on 6/23/21, the Court orders this case REOPENED. re: USCA Mandate #721 . (Case reopened. MD JS-5.) (twdb)
June 23, 2021 Opinion or Order Filing 721 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #697 , CCA # 19-56297. The judgment of this Court, entered June 01, 2021, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure.Costs are taxed against the appellee in the amount of $205.20. [See USCA Opinion #718 We REVERSE the district court's approval of the settlement, and REMAND this case for further proceedings consistent with this opinion.] (mat)
June 22, 2021 Opinion or Order Filing 720 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #697 filed by M. Todd Henderson. CCA # 19-56297. Objector-Appellant's motion to amend the opinion (Dkt. No. 69) is DENIED. (car)
June 22, 2021 Opinion or Order Filing 719 NOTICE of Change of Attorney Business or Contact Information: for attorney David E Azar counsel for Plaintiff Robert Briseno. Changing firm name to MIlberg Coleman Bryson Phillips Grossman, PLLC. Filed by Plaintiff Robert Briseno. (Azar, David)
June 1, 2021 Opinion or Order Filing 718 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #697 filed by M. Todd Henderson. CCA # 19-56297. We REVERSE the district court's approval of the settlement, and REMAND this case for further proceedings consistent with this opinion. (twdb)
November 13, 2020 Opinion or Order Filing 717 NOTICE of Change of address by Sanford P Dumain attorney for Plaintiff Robert Briseno. Changing attorneys address to 100 Garden City Plaza, Suite 500, Garden City, NY 11530. Filed by Plaintiff Robert Briseno. (Attorney Sanford P Dumain added to party Robert Briseno(pty:pla))(Dumain, Sanford)
July 24, 2020 Opinion or Order Filing 716 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #697 filed by M. Todd Henderson. CCA # 19-56297. The motion for summary affirmance of the district courts order approving a class settlement and awarding attorneys' fees is denied because the arguments raised in the opening brief are sufficiently substantial to warrant further consideration by a merits panel. Appellees' motions for a stay of the briefing schedule pending resolution of the summary affirmance motion are denied as moot. [See document for more details.] (mat)
May 1, 2020 Opinion or Order Filing 715 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #713 filed by M. Todd Henderson. CCA # 20-55068. A copy of this order sent to the district court shall act as and for the mandate of this court. (lom)
January 21, 2020 Opinion or Order Filing 714 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55068 assigned to Notice of Appeal to 9th Circuit Court of Appeals #713 as to Objector M. Todd Henderson. (iv)
January 16, 2020 Opinion or Order Filing 713 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Objector M. Todd Henderson. Appeal of Order on Motion for Sanctions #711 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-25141966.) (Frank, Theodore)
January 15, 2020 Opinion or Order Filing 712 TRANSCRIPT for proceedings held on 10/7/2019 at 1:42 p.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 2/5/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/14/2020. (dhs)
December 18, 2019 Opinion or Order Filing 711 ORDER DENYING OBJECTOR'S MOTION FOR SANCTIONS #703 by Judge Cormac J. Carney. Objector's motion for sanctions is DENIED. (iv)
December 16, 2019 Opinion or Order Filing 710 OPPOSITION to Corrected NOTICE OF MOTION AND MOTION for Sanctions of Class Counsel pursuant to Rule 11(b), 28 U.S.C. 1927, and Local Rule 83-7 #703 , NOTICE OF MOTION AND MOTION for Sanctions as to plaintiff's counsel under FRCP 11, 28 U.S.C. 1927, and Local Rule 83-7 #702 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit A, Final Approval Hearing Transcript)(Azar, David)
December 12, 2019 Opinion or Order Filing 709 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Objector M. Todd Henderson. Amending Notice of Appeal to 9th Circuit Court of Appeals #697 Filed On: November 7, 2019; Entered On: November 7, 2019; (Frank, Theodore)
December 10, 2019 Opinion or Order Filing 708 FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE by Judge Cormac J. Carney. The Court directs the entry of Judgment which shall constitute a final adjudication of this case in accordance with the terms of the Settlement Agreement. After careful consideration of all papers filed in this proceeding, including evidence from counsel regarding attorneys' fees, $978,671 in unreimbursed expenses, and over 20,320 hours of time and effort by Class Counsel benefitting the Classes and resulting in the Settlement Agreement, the Court is fully informed and determined that the Settlement Agreement should be and was approved in the Order Granting Final Approval. (iv)
December 4, 2019 Opinion or Order Filing 707 NOTICE OF LODGING filed [PROPOSED] FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE re Order on Motion for Order,,, Order on Motion to Strike,, #695 (Attachments: #1 Proposed Order)(Azar, David)
December 2, 2019 Opinion or Order Filing 706 ORDER ON CLASS COUNSEL AND OBJECTORS COUNSELS STIPULATION TO CONTINUE HEARING AND BRIEFING SCHEDULE FOR OBJECTORS MOTION FOR SANCTIONS TO JANUARY 6, 2020 by Judge Cormac J. Carney. The Court, having considered Class Counsel and Objectors Counsels Stipulation to Continue Hearing and Briefing Schedule for Objectors Motion for Sanctions to January 6, 2020, grants their request. The hearing date is continued from December 23, 2019, to January 6, 2020. The opposition brief shall be filed by December 16, 2019, and the reply brief shall be filed on December 23, 2019. The new hearing date is January 6, 2020. IT IS SO ORDERED. (yl)
November 26, 2019 Opinion or Order Filing 705 STIPULATION for Hearing re Corrected NOTICE OF MOTION AND MOTION for Sanctions of Class Counsel pursuant to Rule 11(b), 28 U.S.C. 1927, and Local Rule 83-7 #703 filed by Class Counsel for Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Proposed Order)(Azar, David)
November 26, 2019 Opinion or Order Filing 704 CERTIFICATE OF SERVICE filed by objector M. Todd Henderson, re Corrected NOTICE OF MOTION AND MOTION for Sanctions of Class Counsel pursuant to Rule 11(b), 28 U.S.C. 1927, and Local Rule 83-7 #703 to non-ECF filer served on November 25, 2019. (Frank, Theodore)
November 25, 2019 Opinion or Order Filing 703 Corrected NOTICE OF MOTION AND MOTION for Sanctions of Class Counsel pursuant to Rule 11(b), 28 U.S.C. 1927, and Local Rule 83-7 filed by Objector M. Todd Henderson. Motion set for hearing on 12/23/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration (Supplemental) of Theodore H. Frank, #2 Proposed Order) (Frank, Theodore)
November 25, 2019 Opinion or Order Filing 702 NOTICE OF MOTION AND MOTION for Sanctions as to plaintiff's counsel under FRCP 11, 28 U.S.C. 1927, and Local Rule 83-7 filed by Objector M. Todd Henderson. Motion set for hearing on 12/23/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration (Supplemental) of Theodore H. Frank) (Frank, Theodore)
November 16, 2019 Opinion or Order Filing 701 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/7/2019 at 1:42 p.m. re Transcript #700 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY
November 16, 2019 Opinion or Order Filing 700 TRANSCRIPT for proceedings held on 10/7/2019 at 1:42 p.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/17/2019. Release of Transcript Restriction set for 2/14/2020. (dhs)
November 9, 2019 Opinion or Order Filing 698 STATUS REPORT on Proposed Final Judgment filed by Plaintiff Robert Briseno. (Azar, David)
November 8, 2019 Opinion or Order Filing 699 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 19-56297 assigned to Notice of Appeal to 9th Circuit Court of Appeals #697 as to Objector M. Todd Henderson. (iv)
November 7, 2019 Opinion or Order Filing 697 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by objector M. Todd Henderson. Appeal of Order on Motion for Order,,, Order on Motion to Strike,, #695 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-24747967.) (Frank, Theodore)
October 29, 2019 Opinion or Order Filing 696 TRANSCRIPT ORDER re: Court of Appeals case number N/A (no Rule 58 judgment yet), as to Objector M. Todd Henderson for Court Reporter. Court will contact M. Frank Bednarz at frank.bednarz@hlli.org with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Frank, Theodore)
October 8, 2019 Opinion or Order Filing 695 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT #660 AND DENYING MOTION TO STRIKE #684 by Judge Cormac J. Carney. Plaintiff's motion for final approval of the Settlement Agreement is GRANTED. Plaintiff's counsel are awarded $6,850,000 in attorney fees and costs, and Plaintiffs Robert Briseo, Michele Andrade, Jill Crouch, Pauline Michael, Necla Musat, and Maureen Towey are awarded $3,000 each, and Plaintiffs Julie Palmer, Cheri Shafstall, Dee Hooper-Kercheval, Kelly McFadden, Erika Heins, Rona Johnston, and Anita Willman are awarded $1,000 each for their service as class representatives. (iv)
October 7, 2019 Opinion or Order Filing 694 MINUTES OF MOTION FOR ORDER FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT #660 ; OBJECTOR'S MOTION TO STRIKE DECALARATION OF MR. COLIN WEIR UNDER DAUBERT #684 before Judge Cormac J. Carney. Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. (iv)
September 30, 2019 Opinion or Order Filing 693 REPLY in support of NOTICE OF MOTION AND MOTION to Strike 2019 Expert Opinions of Colin Weir [652-4] and [674-1] Notice (Other) #674 , Declaration (Motion related),, #652 #684 filed by Objector M. Todd Henderson. (Frank, Theodore)
September 30, 2019 Opinion or Order Filing 692 MINUTES (IN CHAMBERS) ORDER GRANTING EX PARTE APPLICATION OF CLASS COUNSEL TO FILE LATE OPPOSITION [filed 9/27/19] #690 by Judge Cormac J. Carney. The Court will consider the opposition, and thus GRANTS the motion. Mr. Henderson may file a reply brief by October 2, 2019. (iv)
September 30, 2019 Opinion or Order Filing 691 OPPOSITION to EX PARTE APPLICATION for Leave to file Ex Parte Application of Class Counsel for Relief Under LR 7-12 #690 filed by Objector M. Todd Henderson. (Frank, Theodore)
September 27, 2019 Opinion or Order Filing 690 EX PARTE APPLICATION for Leave to file Ex Parte Application of Class Counsel for Relief Under LR 7-12 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration of Amy Keller, #2 Exhibit 1) (Azar, David)
September 27, 2019 Opinion or Order Filing 689 Notice of Electronic Filing re Notice (Other),, #688 , Response in Opposition to Motion #687 e-mailed to Henry Kelston bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
September 24, 2019 Opinion or Order Filing 688 NOTICE CLASS COUNSELS NOTICE OF SUPPLEMENTAL FILING IN SUPPORT OF FINAL APPROVAL filed by plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF JENNIFER M. KEOUGH REGARDING SETTLEMENT ADMINISTRATION AND NOTICE PLAN)(Azar, David)
September 23, 2019 Opinion or Order Filing 687 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike 2019 Expert Opinions of Colin Weir [652-4] and [674-1] Notice (Other) #674 , Declaration (Motion related),, #652 #684 filed by Plaintiff Robert Briseno. (Azar, David)
September 17, 2019 Opinion or Order Filing 686 Notice of Appearance or Withdrawal of Counsel: for attorney AJ De Bartolomeo counsel for Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. Adding AJ de Bartolomeo as counsel of record for Robert Briseno for the reason indicated in the G-123 Notice. Filed by plaintiff Robert Briseno. (Attorney AJ De Bartolomeo added to party Michele Andrade(pty:pla), Attorney AJ De Bartolomeo added to party Patty Boyer(pty:pla), Attorney AJ De Bartolomeo added to party Robert Briseno(pty:pla), Attorney AJ De Bartolomeo added to party Anne Cowan(pty:pla), Attorney AJ De Bartolomeo added to party Jill Crouch(pty:pla), Attorney AJ De Bartolomeo added to party Erika Heins(pty:pla), Attorney AJ De Bartolomeo added to party Dee Hopper-Kercheval(pty:pla), Attorney AJ De Bartolomeo added to party Rona Johnston(pty:pla), Attorney AJ De Bartolomeo added to party Alexis Justak(pty:pla), Attorney AJ De Bartolomeo added to party Brenda Krein(pty:pla), Attorney AJ De Bartolomeo added to party Lil Marie-Birr(pty:pla), Attorney AJ De Bartolomeo added to party Bonnie McDonald(pty:pla), Attorney AJ De Bartolomeo added to party Kelly McFadden(pty:pla), Attorney AJ De Bartolomeo added to party Pauline Michael(pty:pla), Attorney AJ De Bartolomeo added to party Necla Musat(pty:pla), Attorney AJ De Bartolomeo added to party Julie Palmer(pty:pla), Attorney AJ De Bartolomeo added to party Janeth Ruiz(pty:pla), Attorney AJ De Bartolomeo added to party Phyllis Scarpelli(pty:pla), Attorney AJ De Bartolomeo added to party Cheri Shafstall(pty:pla), Attorney AJ De Bartolomeo added to party Christi Toomer(pty:pla), Attorney AJ De Bartolomeo added to party Maureen Towey(pty:pla), Attorney AJ De Bartolomeo added to party Leonora Ulitsky(pty:pla), Attorney AJ De Bartolomeo added to party Anita Willman(pty:pla))(De Bartolomeo, AJ)
September 10, 2019 Opinion or Order Filing 685 REPLY in opposition to NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 per Court Order #683 filed by Objector M. Todd Henderson. (Attachments: #1 Declaration (Supplemental) of M. Todd Henderson)(Frank, Theodore)
September 9, 2019 Opinion or Order Filing 684 NOTICE OF MOTION AND MOTION to Strike 2019 Expert Opinions of Colin Weir [652-4] and [674-1] Notice (Other) #674 , Declaration (Motion related),, #652 filed by Objector M. Todd Henderson. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Frank, Theodore)
September 5, 2019 Opinion or Order Filing 683 MINUTES (IN CHAMBERS) ORDER GRANTING OBJECTOR'S EX PARTE APPLICATION FOR LEAVE TO FILE REPLY MEMORANDUM #677 AND DENYING OBJECTOR'S EX PARTE APPLICATION TO RESCHEDULE THE RULE 11 WAITING PERIOD #678 by Judge Cormac J. Carney. The application is GRANTED. Mr. Henderson may file a reply brief of no more than ten pages in support of his objection by September 10, 2019. The application is DENIED. There is not good cause to shorten the 21-day safe harbor. (iv)
September 5, 2019 Opinion or Order Filing 682 NOTICE of Change of address by Kim E Richman attorney for Plaintiff Kelly McFadden. Changing attorneys address to 8 W. 126th St. New York, NY 10027. Filed by Plaintiff Kelly McFadden. (Richman, Kim)
September 4, 2019 Opinion or Order Filing 681 DECLARATION of Henry J. Kelston re Response in Opposition to Motion, #680 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Exhibit A)(Azar, David)
September 4, 2019 Opinion or Order Filing 680 OPPOSITION to EX PARTE APPLICATION for Leave to file Reply in support of objection #677 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Azar, David)
September 4, 2019 Opinion or Order Filing 679 OPPOSITION to EX PARTE APPLICATION to Reschedule the Rule 11(c)(2) waiting period for filing a Rule 11 motion (unopposed) #678 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attorney David E Azar added to party Patty Boyer(pty:pla), Attorney David E Azar added to party Anne Cowan(pty:pla), Attorney David E Azar added to party Alexis Justak(pty:pla), Attorney David E Azar added to party Brenda Krein(pty:pla), Attorney David E Azar added to party Lil Marie-Birr(pty:pla), Attorney David E Azar added to party Bonnie McDonald(pty:pla), Attorney David E Azar added to party Janeth Ruiz(pty:pla), Attorney David E Azar added to party Phyllis Scarpelli(pty:pla), Attorney David E Azar added to party Christi Toomer(pty:pla), Attorney David E Azar added to party Leonora Ulitsky(pty:pla))(Azar, David)
September 3, 2019 Opinion or Order Filing 678 EX PARTE APPLICATION to Reschedule the Rule 11(c)(2) waiting period for filing a Rule 11 motion (unopposed) filed by Objector M. Todd Henderson. (Attachments: #1 Declaration (Supplemental) of Theodore H. Frank, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Frank, Theodore)
September 3, 2019 Opinion or Order Filing 677 EX PARTE APPLICATION for Leave to file Reply in support of objection filed by Objector M. Todd Henderson. (Attachments: #1 Declaration (Supplemental) of Theodore H. Frank, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Frank, Theodore)
August 28, 2019 Opinion or Order Filing 676 ORDER by Judge Cormac J. Carney: granting #671 #675 Non-Resident Attorney Amy E. Keller APPLICATION to Appear Pro Hac Vice on behalf of Robert Briseno, et al. (lom)
August 23, 2019 Opinion or Order Filing 675 APPLICATION of Non-Resident Attorney Amy E. Keller to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $400.00 Previously Paid on 8/20/2019, Receipt No. 097324297296) filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order) (Azar, David)
August 23, 2019 Opinion or Order Filing 674 NOTICE of Filing filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration of Colin Weir)(Azar, David)
August 21, 2019 Opinion or Order Filing 673 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Amy E. Keller to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24297296) #671 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt)
August 20, 2019 Opinion or Order Filing 672 RESPONSE filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willmanto Objection/Opposition (Motion related), #666 (Attachments: #1 Declaration of Amy E. Keller, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Declaration of Colin B. Weir)(Azar, David)
August 20, 2019 Opinion or Order Filing 671 APPLICATION of Non-Resident Attorney Amy E. Keller to Appear Pro Hac Vice on behalf of Plaintiff Robert Briseno (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24297296) filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order) (Azar, David)
August 20, 2019 Opinion or Order Filing 670 RESPONSE filed by Defendant Conagra Foods, Inc.to Objection/Opposition (Motion related), #666 (Spivey, Angela)
August 19, 2019 Opinion or Order Filing 669 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #667 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
August 15, 2019 Opinion or Order Filing 668 DECLARATION OF SERVICE filed by Objector M. Todd Henderson, re Objection/Opposition (Motion related), #666 served on August 6, 2019. (Frank, Theodore)
August 15, 2019 Opinion or Order Filing 667 NOTICE of Appearance filed by attorney Theodore H Frank on behalf of Objector M. Todd Henderson (Frank, Theodore)
August 6, 2019 Opinion or Order Filing 666 OBJECTION in opposition to re: NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 filed by Objector M. Todd Henderson. (Attachments: #1 Declaration of M. Todd Henderson, #2 Declaration of Theodore H. Frank)(Attorney Theodore H Frank added to party M. Todd Henderson(pty:obj))(Frank, Theodore)
July 24, 2019 Opinion or Order Filing 665 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 (Attachments: #1 Proposed Order Proposed Final Order Approving Class Action Settlement)(Azar, David)
July 24, 2019 Opinion or Order Filing 664 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Order for Final Approval of Class Action Settlement #660 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
July 23, 2019 Opinion or Order Filing 663 DECLARATION of Henry J. Kelston and Adam J. Levitt In Support Of NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 and for Attorneys' Fees, Expenses, and Service Awards filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (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)(Azar, David)
July 23, 2019 Opinion or Order Filing 662 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 and for Attorneys' Fees, Expenses, and Service Awards filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
July 23, 2019 Opinion or Order Filing 661 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement #660 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Azar, David)
July 23, 2019 Opinion or Order Filing 660 NOTICE OF MOTION AND MOTION for Order for Final Approval of Class Action Settlement filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. Motion set for hearing on 10/7/2019 at 01:30 PM before Judge Cormac J. Carney. (Azar, David)
July 23, 2019 Opinion or Order Filing 659 NOTICE OF MOTION AND MOTION for Final Order Approving Class Action Settlement filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
July 10, 2019 Opinion or Order Filing 658 NOTICE of Change of Attorney Business or Contact Information: for attorney David E Azar counsel for Plaintiff Robert Briseno. Changing Firm name and mailing address for co-lead counsel for Robert Briseno and the other named plaintiffs of the certified class to Milberg Phillips Grossman LLP, 2355 Westwood Blvd. #311, Los Angeles, CA 90064-2109. Filed by Plaintiff Robert Briseno. (Azar, David)
June 18, 2019 Opinion or Order Filing 657 NOTICE of Change of Attorney Business or Contact Information: for attorney Ariana J Tadler counsel for Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. Changing Firm Name to Tadler Law LLP. Changing email to hkelston@tadlerlaw.com. Filed by plaintiff Henry Kelston. (Tadler, Ariana)
June 18, 2019 Opinion or Order Filing 656 NOTICE of Change of Attorney Business or Contact Information: for attorney Ariana J Tadler counsel for Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. Changing Firm Name to Tadler Law LLP. Changing email to atadler@tadlerlaw.com. Filed by plaintiff Ariana Tadler. (Attorney Ariana J Tadler added to party Michele Andrade(pty:pla), Attorney Ariana J Tadler added to party Patty Boyer(pty:pla), Attorney Ariana J Tadler added to party Anne Cowan(pty:pla), Attorney Ariana J Tadler added to party Jill Crouch(pty:pla), Attorney Ariana J Tadler added to party Erika Heins(pty:pla), Attorney Ariana J Tadler added to party Dee Hopper-Kercheval(pty:pla), Attorney Ariana J Tadler added to party Rona Johnston(pty:pla), Attorney Ariana J Tadler added to party Alexis Justak(pty:pla), Attorney Ariana J Tadler added to party Brenda Krein(pty:pla), Attorney Ariana J Tadler added to party Lil Marie-Birr(pty:pla), Attorney Ariana J Tadler added to party Bonnie McDonald(pty:pla), Attorney Ariana J Tadler added to party Kelly McFadden(pty:pla), Attorney Ariana J Tadler added to party Pauline Michael(pty:pla), Attorney Ariana J Tadler added to party Necla Musat(pty:pla), Attorney Ariana J Tadler added to party Julie Palmer(pty:pla), Attorney Ariana J Tadler added to party Janeth Ruiz(pty:pla), Attorney Ariana J Tadler added to party Phyllis Scarpelli(pty:pla), Attorney Ariana J Tadler added to party Cheri Shafstall(pty:pla), Attorney Ariana J Tadler added to party Christi Toomer(pty:pla), Attorney Ariana J Tadler added to party Maureen Towey(pty:pla), Attorney Ariana J Tadler added to party Leonora Ulitsky(pty:pla), Attorney Ariana J Tadler added to party Anita Willman(pty:pla))(Tadler, Ariana)
April 4, 2019 Opinion or Order Filing 655 ORDER DIRECTING NOTICE TO CLASS MEMBERS by Judge Cormac J. Carney. (iv)
April 4, 2019 Opinion or Order Filing 654 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #650 by Judge Cormac J. Carney. The Court GRANTS preliminary approval of the Settlement Agreement. The Court hereby APPOINTS Milberg Tadler Phillips Grossman LLP and DiCello Levitt Gutzler LLC as class counsel. The final approval hearing shall be held on Monday, October 7, 2019, at 1:30 p.m. (iv)
March 26, 2019 Opinion or Order Filing 653 NOTICE of Change of Attorney Business or Contact Information: for attorney Jill M Manning counsel for Plaintiff Michele Andrade. Changing address to 235 Pine Street, 15th Floor, San Francisco, CA 94104. Filed by Plaintiff Michelle Andrade. (Manning, Jill)
March 12, 2019 Opinion or Order Filing 652 DECLARATION of HENRY J. KELSTON & ADAM J. LEVITT Support NOTICE OF MOTION AND MOTION for Settlement Approval of NOTICE OF MOTION AND UNOPPOSED MOTION FOR ORDER DIRECTING NOTICE TO CLASS MEMBERS #650 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Attachments: #1 Exhibit 1 (incl. sub-exs. A, A-1, A-2, A-3, A-4, & B), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Azar, David)
March 12, 2019 Opinion or Order Filing 651 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of NOTICE OF MOTION AND UNOPPOSED MOTION FOR ORDER DIRECTING NOTICE TO CLASS MEMBERS #650 filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Azar, David)
March 12, 2019 Opinion or Order Filing 650 NOTICE OF MOTION AND MOTION for Settlement Approval of NOTICE OF MOTION AND UNOPPOSED MOTION FOR ORDER DIRECTING NOTICE TO CLASS MEMBERS filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. Motion set for hearing on 4/15/2019 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Exhibit A - Order Directing Notice) (Attorney David E Azar, Azar added to party Michele Andrade(pty:pla), Attorney David E Azar, Azar added to party Jill Crouch(pty:pla), Attorney David E Azar, Azar added to party Erika Heins(pty:pla), Attorney David E Azar, Azar added to party Dee Hopper-Kercheval(pty:pla), Attorney David E Azar, Azar added to party Rona Johnston(pty:pla), Attorney David E Azar, Azar added to party Kelly McFadden(pty:pla), Attorney David E Azar, Azar added to party Pauline Michael(pty:pla), Attorney David E Azar, Azar added to party Necla Musat(pty:pla), Attorney David E Azar, Azar added to party Julie Palmer(pty:pla), Attorney David E Azar, Azar added to party Cheri Shafstall(pty:pla), Attorney David E Azar, Azar added to party Maureen Towey(pty:pla), Attorney David E Azar, Azar added to party Anita Willman(pty:pla)) (Azar, David)
March 8, 2019 Opinion or Order Filing 649 MINUTES (In Chambers) Order Continuing Deadline to File Motion for Settlement by Magistrate Judge Douglas F. McCormick. At the request of the parties, the Court hereby extends the deadline for filing a Motion for Settlement to March 13, 2019. (sbou)
February 27, 2019 Opinion or Order Filing 648 NOTICE of Change of Attorney Business or Contact Information: for attorney Adam J Levitt counsel for Plaintiff Robert Briseno. Changing firm name to DiCello Levitt Gutzler LLC. Changing e-mail to alevitt@dicellolevitt.com. Filed by plaintiff Robert Briseno. (Levitt, Adam)
February 22, 2019 Opinion or Order Filing 647 MINUTE ORDER IN CHAMBERS by Magistrate Judge Douglas F. McCormick. At the request of the parties, the Court hereby grants a second extension for filing a Motion for Settlement. The new deadline is Mach 8, 2019. (nbo)
February 12, 2019 Opinion or Order Filing 646 MINUTES (In Chambers) Order Continuing Deadline to File Motion for Settlement by Magistrate Judge Douglas F. McCormick. At the request of the parties, the Court hereby extends the deadline for filing a Motion for Settlement to February 22, 2019. (sbou)
November 15, 2018 Opinion or Order Filing 645 MINUTES (In Chambers) Order Re Settlement by Magistrate Judge Douglas F. McCormick. After a series of discussions with the Court since the August 30, 2018 settlement conference, the parties have agreed to a settlement in principle. The parties will file a motion for settlement approval within 90 days. (sbou)
November 8, 2018 Opinion or Order Filing 643 ORDER by Judge Cormac J. Carney: Granting Application of Non-Resident Attorney Andrew G. Phillips to Appear Pro Hac Vice on behalf of Defendant Conagra Brands, Inc, designating Rachel E.K. Lowe as local counsel #642 . (iv)
November 7, 2018 Opinion or Order Filing 642 APPLICATION of Non-Resident Attorney Andrew G. Phillips to Appear Pro Hac Vice on behalf of Defendant Conagra Foods, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22708500) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Certificate of Good Standing (Supreme Court of Georgia), #2 Proposed Order) (Spivey, Angela)
October 24, 2018 Opinion or Order Filing 641 CORRECTED SCHEDULING ORDER by Judge Cormac J. Carney, re Scheduling Order #640 . The Court, having reviewed the pleadings and the parties' submissions pursuant to Federal Rule of Civil Procedure 26(f), now ORDERS as follows: Pretrial Conference set for 10/7/2019 at 3:00 PM. Jury Trial set for 11/5/2019 at 8:30 AM. (iv)
October 23, 2018 Opinion or Order Filing 640 SCHEDULING ORDER by Judge Cormac J. Carney. The Court, having reviewed the pleadings and the parties' submissions pursuant to Federal Rule of Civil Procedure 26(f), now ORDERS as follows: Pretrial Conference set for 10/7/2019 at 3:00 PM. Jury Trial set for 11/5/2019 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
October 22, 2018 Opinion or Order Filing 639 MINUTES OF STATUS CONFERENCE held before Judge Cormac J. Carney. Status conference held. The Court and counsel confer regarding trial related matters as stated on the record. Scheduling Order to issue. Court Reporter: Debbie Hino-Spaan. (iv)
October 18, 2018 Opinion or Order Filing 638 SCHEDULING NOTICE by Judge Cormac J. Carney: Status Conference previously set for October 22, 2018 at 11:00 a.m. is reset to 2:00 p.m. **TIME CHANGE ONLY** This Court does not allow telephonic appearances by any party in an action. Any party appearing for any hearing must do so in person.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY
October 17, 2018 Opinion or Order Filing 637 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Change Time for Status Conference #636 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
October 17, 2018 Opinion or Order Filing 636 NOTICE OF MOTION AND MOTION to Continue UNOPPOSED ADMINISTRATIVE MOTION TO CHANGE TIME OF STATUS CONFERENCE OR FOR PERMISSION TO APPEAR TELEPHONICALLY from October 22, 2018, 11am to October 22, 2018, 2pm or 3pm Re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing #635 filed by Plaintiff Robert Briseno. (Azar, David)
October 16, 2018 Opinion or Order Filing 635 MINUTES (IN CHAMBERS) ORDER ADVANCING STATUS CONFERENCE by Judge Cormac J. Carney. The Court hereby ADVANCES the time of the status conference set for Monday, October 22, 2018 at 3:00 P.M. to 11:00 A.M. (iv)
September 27, 2018 Opinion or Order Filing 634 ORDER GRANTING Joint Stipulation to Continue Status Conference #633 by Judge Cormac J. Carney as follows: The Status Conference scheduled for 10/15/2018 at 3:00 PM., shall be continued to10/22/2018 03:00 PM. (jp)
September 26, 2018 Opinion or Order Filing 633 Joint STIPULATION to Continue Status Conference from October 15, 2018 to October 22, 2018 Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #631 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Angela M. Spivey in Support of Joint Stipulation to Continue Status Conference, #2 Proposed Order)(Spivey, Angela)
September 24, 2018 Opinion or Order Filing 632 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Cormac J. Carney. Effective October 9, 2018, Judge Cormac J. Carney will be located in the First Street U.S. Courthouse, Courtroom 7C, on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the First Street U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located outside the Clerk's Office on the 4th floor of the First Street Courthouse. Judge Carney's Courtroom Deputy Clerk, Melissa H. Kunig, may be reached at (714) 338-2849.The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180, Los Angeles, California 90012. Documents under this exemption may also be filed in the Santa Ana or Riverside courthouses.Please refer to Judge Carney's Procedures & Schedules Page on the Court's website **UPDATED AS OF SEPTEMBER 24, 2018** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
September 19, 2018 Opinion or Order Filing 631 MINUTE ORDER (IN CHAMBERS) ORDER SETTING STATUS CONFERENCE by Judge Cormac J. Carney. The Court hereby sets a status conference in this matter for Monday, October 15, 2018 at 3:00 p.m. See document for relocation of Judge Carney's courtroom and chambers. (lom)
August 30, 2018 Opinion or Order Filing 644 MINUTES OF Settlement Conference held before Magistrate Judge Douglas F. McCormick. The parties were unable to reach an agreement on disposition of the case. Court Recorder: n/a (nbo)
August 27, 2018 Opinion or Order Filing 630 ORDER by Judge Cormac J. Carney: granting #629 Request to Substitute Attorney. Attorney Richard T Taylor; Kenneth Abrams and Joan S Dinsmore terminated (twdb)
August 27, 2018 Opinion or Order Filing 629 REQUEST TO SUBSTITUTE ATTORNEY Rachel Lowe in place of attorney Joan S. Dinsmore filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Request for Substitution of Counsel) (Dinsmore, Joan)
August 24, 2018 Opinion or Order Filing 628 Notice of Appearance or Withdrawal of Counsel: for attorney Rachel E K Lowe counsel for Defendant Conagra Foods, Inc.. Adding Rachel E. K. Lowe as counsel of record for Defendant ConAgra Food, Inc., now known as Conagra Brands, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant ConAgra Foods, Inc., now known as Conagra Brands, Inc.. (Attorney Rachel E K Lowe added to party Conagra Foods, Inc.(pty:dft))(Lowe, Rachel)
July 23, 2018 Opinion or Order Filing 627 NOTICE of Change of firm name and address by Angela M Spivey attorney for Defendant Conagra Foods, Inc.. Changing firm name to Alston & Bird LLP and address to One Atlantic Center, 1201 W. Peachtree Street, Atlanta, GA 30309; angela.spivey@alston.com. Filed by Defendant Conagra Foods, Inc.. (Spivey, Angela)
June 8, 2018 Opinion or Order Filing 626 MINUTES OF Status Conference held before Judge Cormac J. Carney. Status conference held. The Court and counsel confer regarding matters as stated on the record. The parties are hereby referred to Magistrate Judge Douglas F. McCormick for further settlement discussions. Court Reporter: Sharon Seffens. (dro)
June 7, 2018 Opinion or Order Filing 625 MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: Case should have been reopened pursuant to Order Setting Scheduling Conference #616 . (Case reopened. MD JS-5.) (mt)
June 7, 2018 Opinion or Order Filing 624 MINUTES (IN CHAMBERS) by Judge Cormac J. Carney: Order Regarding Telephonic Appearances by Parties Appearances. This Court does not allow telephonic appearances by any party in an action. Any party appearing for any hearing must do so in person. Re #623 . (mt)
June 6, 2018 Opinion or Order Filing 623 EX PARTE APPLICATION for Leave of Adam J. Levitt to Appear for Telephonically filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration of Adam J. Levitt, #2 Proposed Order) (Levitt, Adam)
June 4, 2018 Opinion or Order Filing 622 ORDER SUA SPONTE CONTINUING SCHEDULING CONFERENCE TO JUNE 8, 2018 by Judge Cormac J. Carney. Scheduling Conference continued to 6/8/2018 at 09:00 AM before Judge Cormac J. Carney. (mt)
June 4, 2018 Opinion or Order Filing 621 JOINT REPORT REGARDING PROPOSED SCHEDULE REPORT filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Rule 37.1 Letter)(Spivey, Angela)
June 4, 2018 Opinion or Order Filing 620 JOINT REPORT REGARDING PROPOSED SCHEDULE REPORT filed by Defendant Conagra Foods, Inc.. (Spivey, Angela)
May 18, 2018 Opinion or Order Filing 619 NOTE: CHANGES MADE BY THE COURT ORDER by Judge Cormac J. Carney: Granting Joint Stipulation to Continue Scheduling Conference #617 . Scheduling Conference continued to 6/7/2018 at 09:00 AM before Judge Cormac J. Carney. The parties shall lodge a proposed scheduling order by June 4, 2018. (mt)
May 16, 2018 Opinion or Order Filing 618 NOTICE OF LODGING filed re Stipulation to Continue #617 (Attachments: #1 Proposed Order)(Spivey, Angela)
May 16, 2018 Opinion or Order Filing 617 Joint STIPULATION to Continue Scheduling Conference from May 31, 2018 to June 7, 2018 Re: Order,,,,, Set/Reset Deadlines/Hearings,,,, #616 filed by defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Spivey, Angela)
May 15, 2018 Opinion or Order Filing 616 ORDER Setting Scheduling Conference by Judge Cormac J. Carney: The parties now indicate that they have still not reached a settlement agreement, and request an additional 45 days to continue their negotiations. (Dkt. 615.) This requestis DENIED. This case has been stayed since last November and, as the Court indicated in its March 28, 2018, Order, any further delay in setting case management dates is disfavored. Accordingly, the Court hereby DIRECTS the parties to appear for a status conference on May 31, 2018, at 9:00 a.m., in Courtroom 9B, when the Court will set case management dates. The parties shall FILE a proposed scheduling order by May 30, 2018, at 12:00 p.m. The parties shall file the proposed scheduling order in the dockets for both In re ConAgra Foods, Inc., Case No. CV 11-05379-CJC(AGRx), and In re Wesson Oil Marketing and Sales Practices Litigation, Case No. ML 11-02291-CJC(AGRx). The Court strongly encourages the parties to continue engaging in settlement efforts, and the parties are to notify the Court if a settlement is reached before the date ofthe status conference. (lwag)
May 14, 2018 Opinion or Order Filing 615 STATUS REPORT (Joint Status Report Regarding the Status of Settlement Efforts) filed by Defendant Conagra Foods, Inc.. (Spivey, Angela)
May 8, 2018 Opinion or Order Filing 614 Notice of Appearance or Withdrawal of Counsel: for attorney Rachele R Rickert counsel for Plaintiff Christi Toomer. Patrick H. Moran is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Christi Toomer. (Rickert, Rachele)
May 8, 2018 Opinion or Order Filing 613 Notice of Appearance or Withdrawal of Counsel: for attorney Rachele R Rickert counsel for Plaintiff Christi Toomer. Francis M. Gregorek is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Christi Toomer. (Rickert, Rachele)
May 8, 2018 Opinion or Order Filing 612 Notice of Appearance or Withdrawal of Counsel: for attorney Rachele R Rickert counsel for Plaintiff Christi Toomer. Edmund S. Aronowitz is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Christi Toomer. (Rickert, Rachele)
May 7, 2018 Opinion or Order Filing 611 Notice of Appearance or Withdrawal of Counsel: for attorney Joan S Dinsmore counsel for Defendant Conagra Foods, Inc.. A. Brooks Gresham is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ConAgra Foods, Inc.. (Dinsmore, Joan)
April 9, 2018 Opinion or Order Filing 610 ORDER DENYING MOTION FOR REASSIGNMENT from the United States Judicial Panel on Multidistrict Litigation (twdb)
March 28, 2018 Opinion or Order Filing 609 NOTE: CHANGES MADE BY THE COURT ORDER by Judge Cormac J. Carney: Directing Parties to File A Further Status Report on Settlement Negotiations. (mt)
March 26, 2018 Opinion or Order Filing 608 STATUS REPORT (Joint Status Report Regarding the Status of Settlement Efforts and Proposed Order Directing the Parties to File a Further Status Report on Settlement Negotiations) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit 1 - Press Release, #2 Exhibit 2 - Press Release, #3 Proposed Order)(Spivey, Angela)
February 16, 2018 Opinion or Order Filing 607 ORDER Directing Parties to Conclude Mediation Process and File a Notice of Settlement Status by Judge Cormac J. Carney: Accordingly, the parties SHALL CONCLUDE their mediation process within thirty (30) days of this order and, within seven (7) days thereafter, FILE a JOINT STATUS REPORT regarding the result of the settlement efforts. The parties are DIRECTED to file their joint status report in the dockets for both In re ConAgra Foods, Inc., Case No.CV 11-05379-CJC(AGRx), and In re Wesson Oil Marketing and Sales PracticesLitigation, Case No. ML 11-02291-CJC(AGRx). The stay of this action shall remain in effect until the conclusion of the mediation process. In addition, the Court hereby VACATES the deadline for the parties to file a proposed scheduling order. The Court will set a new deadline if the parties are unable to reach a settlement within thirty days. See document for further information. (lwag)
February 12, 2018 Opinion or Order Filing 606 NOTICE Post-Mediation Notice and [Proposed] Order Amending Deadline to File New Proposed Scheduling Order filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Spivey, Angela)
February 6, 2018 Opinion or Order Filing 605 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to order filed on 02/05/2018. Case transferred to Judge Cormac J. Carney for all further proceedings. Case number will now read 2:11-cv-05379 CJC(AGRx). (rn)
February 5, 2018 Opinion or Order Filing 604 ORDER REASSIGNING LITIGATION from the United States Judicial Panel on Multidistrict Litigation, MDL ORDER 2291. The Central District of California has notified the Panel of the need to reassign the actions in the above litigation to another judge in that district. IT IS THEREFORE ORDERED that, with the consent of that court, this litigation is reassigned to the Honorable Cormac J. Carney for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. Section 1407. (shb)
January 16, 2018 Opinion or Order Filing 603 NOTICE of Change of Attorney Business or Contact Information: for attorney Ariana J Tadler counsel for Plaintiff Robert Briseno. Changing Firm Name to Milberg Tadler Phillips Grossman LLP. Filed by plaintiff Robert Briseno. (Tadler, Ariana)
November 17, 2017 Opinion or Order Filing 601 ORDER by Judge Virginia A. Phillips, re Stipulation to Continue Stay in this Case Pending Mediation #600 . The Court GRANTS the Parties' Stipulation. The above-captioned matter remains STAYED pending the outcome of mediation. The Court ORDERS that the Parties file a notice regarding the outcome within fourteen (14) days after completion of the above-referenced mediation session (the "Post-Mediation Notice"). If the matter does not settle, the Court ORDERS the Parties to submit within fourteen (14) days of the Post-Mediation Notice a new proposed scheduling order with a request to lift the stay as appropriate and outlining their future plans with respect to currently outstanding deadlines and other matters. (shb)
November 9, 2017 Opinion or Order Filing 600 Joint STIPULATION to Stay Case pending Mediation filed by defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Spivey, Angela)
October 19, 2017 Opinion or Order Filing 602 MANDATE of Ninth Circuit Court of Appeals filed re: Appeal Order #580 New Appeal CCA # 15-55727. [See USCA Opinion #595 and USCA Memorandum #596 AFFIRMED.] Late Docketing due to Clerk's Office Error. (mat)
April 24, 2017 Opinion or Order Filing 599 Notice of Appearance or Withdrawal of Counsel: for attorney A Brooks Gresham counsel for Defendant Conagra Foods, Inc.. Laura E. Coombe is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ConAgra Foods, Inc.. (Gresham, A)
March 2, 2017 Opinion or Order Filing 598 ORDER from Ninth Circuit Court of Appeals filed. CCA # 15-55727. The mandate is stayed for a period not to exceed 90 days pending the filing of the petition for a writ of certiorari in the Supreme Court. (mat)
January 18, 2017 Opinion or Order Filing 597 Notice of Appearance or Withdrawal of Counsel: for attorney A Brooks Gresham counsel for Defendant Conagra Foods, Inc.. Andrew G. Phillips is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ConAgra Foods, Inc.. (Gresham, A)
January 3, 2017 Opinion or Order Filing 596 MEMORANDUM from Ninth Circuit Court of Appeals filed. CCA # 15-55727. The decision of the District Court is AFFIRMED. (mat)
January 3, 2017 Opinion or Order Filing 595 OPINION from Ninth Circuit Court of Appeals filed. CCA # 15-55727. The decision of the District Court is AFFIRMED. (mat)
March 16, 2016 Opinion or Order Filing 594 Notice of Appearance or Withdrawal of Counsel: for attorney Barbara A Rohr counsel for Plaintiff Phyllis Scarpelli. David E. Bower is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Phyllis Scarpelli. (Rohr, Barbara)
March 16, 2016 Opinion or Order Filing 593 Notice of Appearance or Withdrawal of Counsel: for attorney Barbara A Rohr counsel for Plaintiff Phyllis Scarpelli. Adding Barbara A. Rohr as counsel of record for Phyllis Scarpelli for the reason indicated in the G-123 Notice. Filed by Plaintiff Phyllis Scarpelli. (Rohr, Barbara)
March 16, 2016 Opinion or Order Filing 592 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST TO SUBSTITUTE ATTORNEY Barbara A. Rohr in place of attorney David E. Bower #590 by Clerk. The document is STRICKEN for the reasons indicated on the Notice to Filer of Deficiencies #591 issued on 3/15/2016. Counsel should refile the proper documents. (jre)
March 15, 2016 Opinion or Order Filing 591 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST TO SUBSTITUTE ATTORNEY Barbara A. Rohr in place of attorney David E. Bower #590 . The following error(s) was found: Other - As indicated in the Form G-01 instructions, Form G-123 should have been utilized. Other members of withdrawing attorney's firm will remain counsel of record. Also, G-123 should be utilized by any new attorney who is making an appearance where other members of the new attorney's firm are already listed as counsel of record in this action. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jre)
March 11, 2016 Opinion or Order Filing 590 **STRICKEN** REQUEST TO SUBSTITUTE ATTORNEY Barbara A. Rohr in place of attorney David E. Bower filed by Plaintiff Phyllis Scarpelli. (Attachments: #1 Proposed Order) (Attorney Barbara A Rohr added to party Phyllis Scarpelli(pty:pla)) (Rohr, Barbara) Modified on 3/16/2016 (jre).
November 4, 2015 Opinion or Order Filing 589 NOTICE of Change of address by Kim E Richman attorney for Plaintiff Kelly McFadden. Changing attorneys address to 81 Prospect Street, Brooklyn, NY 11201. Filed by Plaintiff Kelly McFadden. (Richman, Kim)
June 10, 2015 Opinion or Order Filing 588 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, NOVEMBER 24, 2014 10:03 A.M. re Transcript #587 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY
June 10, 2015 Opinion or Order Filing 587 TRANSCRIPT for proceedings held on MONDAY, NOVEMBER 24, 2014 10:03 A.M. Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/1/2015. Redacted Transcript Deadline set for 7/11/2015. Release of Transcript Restriction set for 9/8/2015. (Nirenberg, C)
May 26, 2015 Opinion or Order Filing 586 TRANSCRIPT ORDER as to Defendant Conagra Foods, Inc. Court Reporter. Court will contact Sherlynn Hicks at SHicks@mcguirewoods.com with any questions regarding this order. Transcript portion requested: Other: November 24, 2014 Hearing on Class Certification and Motion to Strike. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Coombe, Laura)
May 22, 2015 Opinion or Order Filing 585 NOTICE Specifying Portions of the Reporter's Transcript to be Ordered and Statement of Issues to be Presented on Appeal filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
May 15, 2015 Opinion or Order Filing 584 ORDER GRANTING JOINT STIPULATION TO STAY CASE PENDING APPEAL by Judge Margaret M. Morrow, re Stipulation to Stay Case #578 : Plaintiffs and ConAgra Foods, Inc. ("ConAgra") (collectively the "Parties")'s Stipulation for an Order to Stay Case Pending Appeal (the "Stipulation") came before this Court. Upon review of the Stipulation, the Court finds that good cause exists to grant the requested stay. The Parties' Stipulation is GRANTED and this matter is stayed pending appeal. Upon resolution of the appeal in the Ninth Circuit (either by a ruling of the appellate court or dismissal of the appeal) or the lifting of the stay, the Parties shall submit to the Court a new proposed scheduling order outlining their future plans with respect to currently outstanding deadlines and other matters within fourteen (14) days of a resolution of the appeal or the Court's order lifting the stay, whichever occurs first. (bm)
May 15, 2015 Opinion or Order Filing 583 COMPACT DISC Order for date of proceedings 05/14/2015 to 05/14/2015 filed by Plaintiffs Robert Briseno. Court will contact Jennifer Conte at jconte@milberg.com with any questions regarding this order. Transcript portion requested: Other: Further Proceedings on Plaintiffs' Motion to Compel 05/14/2015. FEE PAID. (Azar, David)
May 14, 2015 Opinion or Order Filing 579 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. TELEPHONIC HEARING RE FURTHER PROCEEDINGS ON PLAINTIFF'S MOTION TO COMPEL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO SECOND DOCUMENT REQUEST. Plaintiff requested a hearing regarding the last paragraph of the court's April 28, 2015 Order (Dkt. No. 571). The court and counsel confer as reflected on the record. The court has determined that no further action is required, based on the record before it, on Plaintiff's motion to compel non-privileged documents responsive to second document request.Court Recorder: CS 5/14/2015. (mp)
May 14, 2015 Opinion or Order APPEAL FEE PAID: as to Defendant Conagra Foods, Inc.; Receipt Number: LA116705 in the amount of $505. (rsm)
May 13, 2015 Opinion or Order Filing 582 NOTIFICATION by Circuit Court of Appellate Docket Number 15-55727, 9th Circuit as to Appellant Conagra Foods, Inc.. (mat)
May 13, 2015 Opinion or Order Filing 581 NOTIFICATION by Circuit Court of Appellate Docket Number 15-55727, 9th Circuit as to Petitioner Conagra Foods, Inc.. (mat)
May 13, 2015 Opinion or Order Filing 580 ORDER from Ninth Circuit Court of Appeals filed. CCA # 15-80040. The court, in its discretion, grants the petition for permission to appeal the district court's February 23, 2015 order granting class action certification. [See document for more details](mat)
May 13, 2015 Opinion or Order Filing 578 Joint STIPULATION to Stay Case pending Rule 23(f) Appeal filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
May 12, 2015 Opinion or Order Filing 577 TEXT ONLY RESCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: Telephonic Discovery Hearing 575 . The telephonic discovery hearing previously scheduled for May 12, 2015 at 2:00 p.m. is continued to May 14, 2015 at 1:00 p.m. before Magistrate Judge Alicia G. Rosenberg. The call in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; User Password: 0356#. If counsel have any problems connecting to this call, please contact the Space & Facilities Help Desk at (213) 894-1400. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
May 8, 2015 Opinion or Order Filing 576 Joint STIPULATION for Order to Remove and Replace Improperly Filed Documents filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Coombe, Laura)
May 6, 2015 Opinion or Order Filing 575 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: Minutes of In Chambers Order/Directive - no proceeding held - PLAINTIFF'S MOTION TO COMPEL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO SECOND DOCUMENT REQUEST #571 . A telephonic hearing is set for 5/12/2015 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; and User Password: 0356#. If counsel have any problems connecting to this call, please contact the Space & Facilities Help Desk at (213) 894-1400.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
April 29, 2015 Opinion or Order Filing 574 NOTICE of Change of firm name and address by Jonathan Shub attorney for Plaintiff Brenda Krein. Changing firm name to Kohn, Swift & Graf, P.C. and address to One South Broad Street, Suite 2100, Philadelphia, PA 19107. Filed by Plaintiff Brenda Krein. (Shub, Jonathan)
April 28, 2015 Opinion or Order Filing 573 ORDER DENYING AS MOOT APPLICATION TO SEAL PORTIONS OF PLAINTIFF'S RESPONSE TO CONAGRA'S SUPPLEMENTAL REPLY IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL PRODCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND DECLARATION OF PAUL MCVOY IN SUPPORT THEREOF by Magistrate Judge Alicia G. Rosenberg: denying #540 Application for Order. DENIED AS MOOT BY ORDER OF MAGISTRATE JUDGE ROSENBERG. Counsel shall not file the documents for consideration by the Court. (mp)
April 28, 2015 Opinion or Order Filing 572 ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION TO FILE RESPONSE TO CONAGRA'S SUPPLEMENTAL REPLY MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS by Magistrate Judge Alicia G. Rosenberg: denying #539 Ex Parte Application for Leave. DENIED BY ORDER OF MAGISTRATE JUDGE ROSENBERG. (mp)
April 28, 2015 Opinion or Order Filing 571 MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg re: Reply (Motion related) #531 . FURTHER PROCEEDINGS ON PLAINTIFF'S MOTION TO COMPEL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO SECOND DOCUMENT REQUEST. On January 23, 2015, this court issued an order that granted in part Plaintiff's motion to the extent that ConAgra was ordered to file a reply to Plaintiff's arguments in sections 2 and 3 of Plaintiffs supplemental memorandum (Dkt. No. 516). (Order, Dkt. No. 521.) On February 2, 2015, ConAgra filed a reply. (Dkt. No. 531.) This matter is appropriate for adjudication without oral argument. On February 8, 2015, Plaintiff filed an ex parte application to file a response to ConAgra's reply. (Dkt. Nos. 539-40.) On February 9, 2015, ConAgra filed an opposition to the ex parte application. (Dkt. No. 542.) Plaintiff's ex parte application is denied by separate order. It appears to the court that ConAgra has since run broader search strings on the Relativity database such that the parties are no longer relying on the Xtender database server searches. If that is correct, no further work appears necessary to correct Xtender's flaw(s). If this assumption is incorrect, counsel for both parties shall contact, within 7 days after entry of this order, the Clerk, Marine Pogosyan, at (213) 894-5419, to request a telephonic discovery conference. (See Order for details.) (mp)
April 27, 2015 Opinion or Order Filing 570 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting in part and denying in part #550 Motion to Compel. PLAINTIFF'S MOTION TO COMPEL DISCOVERY. IT IS HEREBY ORDERED that Plaintiff's motion to compel is GRANTED IN PART AND DENIED IN PART as follows: 1. Within 14 days after the date of this order, or on a date mutually agreed by counsel, ConAgra shall produce Russell Rice for deposition. 2. Before the deposition of Russell Rice, ConAgra shall investigate whether there were email responses to Rice's December 17, 2008 email on CAG043685 and shall produce any and all such emails. 3. In all other respects, Plaintiff's motion is denied. All requests for sanctions are denied. (See Order for details.) (mp)
April 2, 2015 Opinion or Order Filing 569 SEALED DOCUMENT- DECLARATION of Henry J. Kelston in Support PLAINTIFFS' Motion to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA. (mat)
April 2, 2015 Opinion or Order Filing 568 SEALED DOCUMENT- DECLARATION of R. Trent Taylor in Support of Conagra Foods, Inc.'s Opposition to Plaintiffs' MOTION to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA. (mat)
April 2, 2015 Opinion or Order Filing 567 SEALED DOCUMENT- Joint Stipulation on Plaintiffs' Motion to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA. (mat)
April 2, 2015 Opinion or Order Filing 566 SEALED DOCUMENT- DECLARATION of Henry J. Kelston in Support PLAINTIFFS' SUPPLEMENTAL MEMORANDUM in Support of Motion to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA. (mat)
April 2, 2015 Opinion or Order Filing 565 SEALED DOCUMENT- SUPPLEMENTAL MEMORANDUM in Support of Joint Stipulation on Plaintiffs' Motion to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA. (mat)
April 2, 2015 Opinion or Order Filing 564 ORDER GRANTING APPLICATION TO SEAL PORTIONS OF (1) JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA, (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS' MOTION, AND (3) DECLARATION OF R. TRENT TAYLOR IN SUPPORT OF CONAGRA FOODS, INC.'S OPPOSITION by Magistrate Judge Alicia G. Rosenberg: granting #549 Application for Order. The Court finds that good cause exists to file under seal, and redact from the publicly filed versions, portions of:(1) Joint Stipulation on Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Withheld By ConAgra, (2) Declaration of Henry J. Kelston in Support of Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Withheld By ConAgra, and (3) Declaration of R. Trent Taylor In Support of ConAgra Foods, Inc.'s Opposition to Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Withheld By ConAgra. (mp)
April 2, 2015 Opinion or Order Filing 563 ORDER GRANTING APPLICATION TO SEAL PORTIONS OF (1) SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA, AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF by Magistrate Judge Alicia G. Rosenberg: granting #554 Application for Order. The Court finds that good cause exists to file under seal, and redact from the publicly filed versions, portions of: (1) Supplemental Memorandum In Support of Joint Stipulation on Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Withheld By ConAgra, and (2) Declaration of Henry J. Kelston in Support of Supplemental Memorandum In Support of Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Withheld By ConAgra. (mp)
April 2, 2015 Opinion or Order Filing 562 ORDER by Magistrate Judge Alicia G. Rosenberg DENYING AS MOOT #559 Request for Leave to Appear Telephonically at April 7, 2015 Hearing on Plaintiffs' Motion to Compel. (mp)
April 2, 2015 Opinion or Order Filing 561 ORDER by Magistrate Judge Alicia G. Rosenberg DENYING AS MOOOT #558 Request to Appear Telephonically at April 7, 2015 Hearing on Plaintiffs' Motion to Compel. (mp)
April 2, 2015 Opinion or Order Filing 560 TEXT ONLY NOTICE by Magistrate Judge Alicia G. Rosenberg. Plaintiffs' Motion to Compel Discovery Relating to Documents and Information Wrongfully Witheheld by Conagra #550 scheduled for April 7, 2015 10:00 a.m. is VACATED. A minute Order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
April 1, 2015 Opinion or Order Filing 559 REQUEST for Leave to Appear for TELEPHONICALLY filed by Plaintiffs Robert Briseno. Request set for hearing on 4/7/2015 at 10:30 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Azar, David)
March 31, 2015 Opinion or Order Filing 558 REQUEST for Order for R. Trent Taylor to Appear Telephonically at April 7, 2015 Hearing on Plaintiffs' Motion to Compel filed by Defendant Conagra Foods, Inc.. Request set for hearing on 4/7/2015 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Coombe, Laura)
March 31, 2015 Opinion or Order Filing 557 REPLY in Support of MOTION to Stay Case pending Rule 23(f) Petition and Appeal #546 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of R. Trent Taylor in Support (Exh A attached))(Coombe, Laura)
March 27, 2015 Opinion or Order Filing 556 OPPOSITION IN OPPOSITION TO re: MOTION to Stay Case pending Rule 23(f) Petition and Appeal #546 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Azar, David)
March 24, 2015 Opinion or Order Filing 555 SUPPLEMENT to MOTION to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA #550 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Azar, David)
March 24, 2015 Opinion or Order Filing 554 APPLICATION for Order for TO SEAL filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order, #3 Affidavit)(Azar, David)
March 24, 2015 Opinion or Order Filing 553 SUPPLEMENT Memorandum in Opposition to Plaintiffs' Motion to Compel Discovery relating to Documents and Information Wrongfully Withheld by ConAgra (Dkt. No. 550) filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
March 20, 2015 Opinion or Order Filing 552 ORDER by Judge Margaret M. Morrow, re Stipulation for Order, #547 . (Please see attached document for further details.) (dgon)
March 16, 2015 Opinion or Order Filing 551 JOINT STIPULATION to MOTION to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA #550 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Azar, David)
March 16, 2015 Opinion or Order Filing 550 NOTICE OF MOTION AND MOTION to Compel DISCOVERY RELATING TO DOCUMENTS AND INFORMATION WRONGFULLY WITHHELD BY CONAGRA filed by Plaintiffs Robert Briseno. Motion set for hearing on 4/7/2015 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Azar, David)
March 16, 2015 Opinion or Order Filing 549 APPLICATION for Order for TO SEAL filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order, #3 Affidavit)(Azar, David)
March 16, 2015 Opinion or Order Filing 548 NOTICE OF ERRATA filed by Defendant Conagra Foods, Inc.. correcting MOTION to Stay Case pending Rule 23(f) Petition and Appeal #546 (Attachments: #1 Exhibit A)(Coombe, Laura)
March 13, 2015 Opinion or Order Filing 547 Joint STIPULATION for Order Providing for an Expedited Briefing Schedule and Hearing Date on ConAgra's Motion to Stay Pending Rule 23(f) Petition and Appeal filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
March 13, 2015 Opinion or Order Filing 546 NOTICE OF MOTION AND MOTION to Stay Case pending Rule 23(f) Petition and Appeal filed by Defendant Conagra Foods, Inc.. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Proposed Order)(Coombe, Laura)
February 23, 2015 Opinion or Order Filing 545 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION #363 by Judge Margaret M. Morrow: The court grants in part and denies in part plaintiffs' amended motion for class certification. See order for details. (ah)
February 19, 2015 Opinion or Order Filing 544 MINUTES OF Telephone Conference held before Judge Margaret M. Morrow: The parties and the court discuss the status of discovery and future proceedings in this action. Court Reporter: N/A. (ah)
February 16, 2015 Opinion or Order Filing 543 STATEMENT of Compliance by ConAgra with Order on Plaintiffs' Motion to Compel Production of Documents (Dkt. No. 508) filed by Defendant Conagra Foods, Inc. re: Order on Motion to Compel,,,,,, Discovery Hearing,,,,, #508 . (Coombe, Laura)
February 9, 2015 Opinion or Order Filing 542 OPPOSITION in Opposition re: EX PARTE APPLICATION for Leave to File Response To Conagras Supplemental Reply In Opposition To Plaintiffs Motion To Compel Production Of All Non-Privileged Documents Responsive To Plaintiffs Second Request For Production Of Documents #539 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Laura Coombe in Support)(Coombe, Laura)
February 9, 2015 Opinion or Order Filing 541 STIPULATION AND ORDER GRANTING JOINT STIPULATION RE CASE MANAGEMENT DEADLINES by Judge Margaret M. Morrow: re Stipulation for Order #520 . Final Pretrial Conference set for 9/14/2015 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 10/13/2015 08:30 AM before Judge Margaret M. Morrow. See order for details. (ah)
February 8, 2015 Opinion or Order Filing 540 APPLICATION for Order for Seal Portions Of: (1) Plaintiffs Response To Conagras Supplemental Reply In Opposition To Plaintiffs Motion To Compel Production Of All Non-Privileged Documents Responsive To Plaintiffs Second Request For Production Of Documents And (2) Declaration Of Paul McVoy In Support Thereof filed by plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Azar, David)
February 8, 2015 Opinion or Order Filing 539 EX PARTE APPLICATION for Leave to File Response To Conagras Supplemental Reply In Opposition To Plaintiffs Motion To Compel Production Of All Non-Privileged Documents Responsive To Plaintiffs Second Request For Production Of Documents filed by plaintiff Robert Briseno. (Attachments: #1 Exhibit A, #2 Proposed Order)(Azar, David)
February 3, 2015 Opinion or Order Filing 532 TEXT ONLY ENTRY:(IN CHAMBERS) ORDER CONTINUING TELEPHONE CONFERENCE by Judge Margaret M. Morrow. The telephone conference set for February 4, 2015, is continued to February 19, 2015 at 5:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
February 2, 2015 Opinion or Order Filing 531 REPLY to Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion to Compel Production...[Dkt 516] filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of R. Trent Taylor ISO Reply, #2 Exhibit 1 to of R. Trent Taylor ISO Reply)(Coombe, Laura)
February 2, 2015 Opinion or Order Filing 530 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Magistrate Judge Alicia G. Rosenberg: striking #525 Ex Parte Application for Order; #526 Declaration of Cydney Chaapel In Response to the Court's January 13, 2015 Order; #527 Proof of Service. Dkt. Nos. 525-527 are stricken. (mp)
February 2, 2015 Opinion or Order Filing 529 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #527 , Response #526 , EX PARTE APPLICATION for Order to File Under Seal Portions of Declaration of Cydney Chaapel in Response to Court's January 13, 2015 Order (Dkt. No. 508) #525 . The following error(s) was found: The Court ordered the documents to be provided to Plaintiffs, not filed with the court, Dkt. No. 508. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mp)
January 30, 2015 Opinion or Order Filing 528 STATEMENT of Compliance by ConAgra with Order on Plaintiffs' Motion to Compel Production of Documents (Dkt. No. 508) filed by Defendant Conagra Foods, Inc. re: Order on Motion to Compel,,,,,, Discovery Hearing,,,,, #508 . (Coombe, Laura)
January 27, 2015 Opinion or Order Filing 527 ***** STRICKEN PER ORDER DATED 2/2/2015 ***** PROOF OF SERVICE filed by Defendant Conagra Foods, Inc., re Response #526 served on January 27, 2015. (Coombe, Laura) Modified on 2/2/2015 (mp).
January 27, 2015 Opinion or Order Filing 526 ***** STRICKEN PER ORDER DATED 2/2/2015 ***** RESPONSE filed by Defendant Conagra Foods, Inc.to Order on Motion to Compel,,,,,, Discovery Hearing,,,,, #508 [Redacted] Declaration of Cydney Chaapel in Response (Coombe, Laura) Modified on 2/2/2015 (mp).
January 27, 2015 Opinion or Order Filing 525 ***** STRICKEN PER ORDER DATED 2/2/15 ***** EX PARTE APPLICATION for Order for to File Under Seal Portions of Declaration of Cydney Chaapel in Response to Court's January 13, 2015 Order (Dkt. No. 508) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura) Modified on 2/2/2015 (mp).
January 23, 2015 Opinion or Order Filing 538 SEALED DOCUMENT- DECLARATION of Henry J. Kelston in Support of JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS. (mat)
January 23, 2015 Opinion or Order Filing 537 SEALED DOCUMENT- JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS. (mat)
January 23, 2015 Opinion or Order Filing 536 SEALED DOCUMENT- DECLARATION of Meagan M. Keenan in Support of Supplemental Memorandum in Support of JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS. (mat)
January 23, 2015 Opinion or Order Filing 535 SEALED DOCUMENT - CONAGRA FOODS, INC.'S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS (DKT. NO. 512). (lom)
January 23, 2015 Opinion or Order Filing 534 SEALED DOCUMENT - DECLARATION OF CATHERINE BARTHOLOMEW IN SUPPORT OF DEFENDANT CONAGRA FOODS, INC.'S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS (DKT. NO. 512). (lom)
January 23, 2015 Opinion or Order Filing 533 SEALED DOCUMENT - SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS. (lom)
January 23, 2015 Opinion or Order Filing 524 ORDER GRANTING APPLICATION TO SEAL PORTIONS OF (1) JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF by Magistrate Judge Alicia G. Rosenberg: granting #510 Application for Order. The Court finds that good cause exists to file under seal, and redact from the publicly filed versions, portions of: (1) Joint Stipulation on Plaintiffs' Motion to Compel Production of All Non-Privileged Documents Responsive to Plaintiffs' Second Request for Production of Documents, and (2) Declaration of Henry J. Kelston in Support of Plaintiffs' Motion to Compel Production of All Non-Privileged Documents Responsive to Plaintiffs' Second Request for Production of Documents. (mp)
January 23, 2015 Opinion or Order Filing 523 ORDER GRANTING DEFENDANT'S APPLICATION TO SEAL PORTIONS OF (1) DEFENDANT'S SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION TO COMPEL PRODUCTION OF DOCUMENTS; AND (2) DECLARATION OF CATHERINE BARTHOLOMEW IN SUPPORT THEREOF; AND PLAINTIFFS APPLICATION TO SEAL PORTIONS OF: (1) JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF (DKT. NO. 510) by Magistrate Judge Alicia G. Rosenberg: granting #517 Ex Parte Application for Order. The Application is GRANTED. (See Order for details.) (mp)
January 23, 2015 Opinion or Order Filing 522 ORDER GRANTING APPLICATION TO SEAL PORTIONS OF (1) SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARATION OF MEAGAN M. KEENAN IN SUPPORT THEREOF by Magistrate Judge Alicia G. Rosenberg: granting #515 Application for Order. The Court finds that good cause exists to file under seal, and redact from the publicly filed versions, portions of: (1) Plaintiffs' Supplemental Memorandum In Support of Joint Stipulation on Plaintiffs' Motion to Compel Production of All Non-Privileged Documents Responsive to Plaintiffs' Second Request for Production of Documents, and (2) Declaration of Meagan M. Keenan in Support of Supplemental Memorandum In Support of Joint Stipulation on Plaintiffs Motion to Compel Production of All Non-Privileged Documents Responsive to Plaintiffs' Second Request for Production of Documents. (mp)
January 23, 2015 Opinion or Order Filing 521 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting in part and denying in part #511 Motion to Compel. PLAINTIFF'S MOTION TO COMPEL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO SECOND DOCUMENT REQUEST. On January 14, 2015, Plaintiff filed a motion to compel the production of non-privileged documents responsive to the second request for production of documents. (Dkt. Nos. 511-12.) On January 21, 2015, the parties filed supplemental memoranda. (Dkt. Nos. 516, 518.) The matter is appropriate for adjudication without oral argument. IT IS HEREBY ORDERED that Plaintiff's motion to compel is GRANTED IN PART as follows: 1. On or before February 2, 2015, ConAgra shall file a reply to Plaintiff's arguments in sections 2 and 3 of Plaintiff's Supplemental Memorandum. This court will review ConAgra's submission and reserves a ruling on potential remedies to the extent appropriate. 2. In all other respects, Plaintiffs motion to compel is denied. (See Order for details.) (mp)
January 23, 2015 Opinion or Order Filing 520 Joint STIPULATION for Order Granting Joint Stipulation Re Case Management Deadlines & Discovery filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Azar, David)
January 21, 2015 Opinion or Order Filing 519 PROOF OF SERVICE filed by Defendant Conagra Foods, Inc., re Supplement(Motion related), #518 served on 01/21/2015. (Coombe, Laura)
January 21, 2015 Opinion or Order Filing 518 SUPPLEMENT Memorandum in Opposition to Plaintiffs' Motion to Compel Production of All Non-Privileged Documents Responsive to Plaintiffs' Second Request for Production of Documents (Dkt. No. 512) (Redacted) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Catherine Bartholomew in Support (Redacted), #2 Declaration of R. Trent Taylor in Support)(Coombe, Laura)
January 21, 2015 Opinion or Order Filing 517 EX PARTE APPLICATION for Order for to Seal Portions of (1) Defendant's Supplemental Memorandum in Opposition to Motion to Compel Production of Documents; and (2) Declaration of Catherine Bartholomew in Support Thereof; and Reply in Support of Plaintiffs' Application to Seal Portions of (1) Joint Stipulation on Plaintiffs' Motion to Compel Production of Documents Responsive to Plaintiffs' Second Request for Production of Documents and (2) Declaration of Henry J. Kelston in Support Thereof (Dkt. No. 510) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
January 21, 2015 Opinion or Order Filing 516 SUPPLEMENT to MOTION to Compel NOTICE OF MOTION AND MOTION IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS #511 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Azar, David)
January 21, 2015 Opinion or Order Filing 515 APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF (1) SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARATION OF MEAGAN M. KEENAN IN SUPPORT THEREOF filed by PLAINTIFFS Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order, #3 Affidavit)(Azar, David)
January 21, 2015 Opinion or Order Filing 514 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER CONTINUING TELEPHONE CONFERENCE by Judge Margaret M. Morrow previously scheduled for 1/21/2015 5:30 pm has been rescheduled. Telephone Conference set for 2/4/2015 05:15 PM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
January 14, 2015 Opinion or Order Filing 513 PROOF OF SERVICE filed by Plaintiffs Robert Briseno, re APPLICATION for Order for To Seal APPLICATION TO SEAL PORTIONS OF (1) JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARAT #510 served on January 14, 2015. (Azar, David)
January 14, 2015 Opinion or Order Filing 512 JOINT STIPULATION to MOTION to Compel NOTICE OF MOTION AND MOTION IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS #511 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Declaration)(Azar, David)
January 14, 2015 Opinion or Order Filing 511 NOTICE OF MOTION AND MOTION to Compel NOTICE OF MOTION AND MOTION IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS filed by Plaintiffs Robert Briseno. (Azar, David)
January 14, 2015 Opinion or Order Filing 510 APPLICATION for Order for To Seal APPLICATION TO SEAL PORTIONS OF (1) JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
January 14, 2015 Opinion or Order Filing 509 ORDER by Judge Margaret M. Morrow: granting #506 Application to Appear Pro Hac Vice by Attorney Kenneth W. Abrams on behalf of Defendant, designating Laura Coombe as local counsel. (lt)
January 13, 2015 Opinion or Order Filing 508 MINUTES OF granting in part and denying in part #426 Motion to Compel; Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS (Dkt. No. 426). For the reasons stated on the record, IT IS HEREBY ORDERED that Plaintiffs' motion to compel is GRANTED IN PART as follows: 1. On or before January 27, 2015, ConAgra shall provide to Plaintiffs a declaration as to whether its natural council ever considered, in connection with a natural claim, whether a corn, canola or soy oil contained GMO. 2. On or before January 30, 2015, ConAgra shall produce non-privileged responsive documents after applying the search terms in this court's March 10, 2014 Order (Dkt. No. 208) to the natural council sharepoint site and the custodian's files. With respect to the custodian's files, ConAgra may add search terms to search for the formulation of natural foods principles or guidelines as stated on the record. The time frame for the searches is the earliest date in the sharepoint site through May 31, 2008. 3. ConAgra shall serve a privilege log on or before February 13, 2015, for any documents withheld or redactions made on the basis of attorney client privilege, work product doctrine or any other privilege pursuant to this order. 4. The transcript of the hearing shall be SEALED. 5. In all other respects, Plaintiffs motion is denied. (See Order for details.) Court Recorder: CS 1/13/2015. (mp)
January 13, 2015 Opinion or Order Filing 507 MINUTES OF denying #458 Ex Parte Application to Shorten Time for Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFFS EX PARTE APPLICATION. On January 8, 2015, Plaintiffs filed an ex parte application for an expedited hearing and date for filing supplemental briefs on a motion to compel production of non-privileged documents responsive to Plaintiffs' second request for production of documents. Alternatively, Plaintiffs asked that this matter be added to the agenda for the hearing on another motion on January 13, 2015. (Dkt. No. 458.) On January 9, 2015, Defendant ConAgra Foods, Inc. filed an opposition. (Dkt. No. 492.) IT IS HEREBY ORDERED that the parties file supplemental briefs on Plaintiffs' motion to compel further production of documents responsive to the second request on or before January 21, 2015. Unless otherwise ordered, the court will take the matter under submission without oral argument on January 22, 2015. Plaintiffs' ex parte application is DENIED.Court Recorder: CS 1/13/2015. (mp)
January 13, 2015 Opinion or Order Filing 506 APPLICATION for attorney Kenneth W. Abrams to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15045227 paid.) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
January 9, 2015 Opinion or Order Filing 505 SEALED DOCUMENT- AMENDED DECLARATION of Dr. Elizabeth Howlett in Support of Plaintiffs' Amended MOTION FOR CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 504 SEALED DOCUMENT- EXPART AMENDED DECLARATION of Colin B Weir in Support of Plaintiffs' Amended MOTION FOR CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 503 SEALED DOCUMENT- REBUTTAL REPLY DECLARATION of Colin B Weir in Support of Plaintiffs' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (mat)
January 9, 2015 Opinion or Order Filing 502 SEALED DOCUMENT- Declaration of Laura Coombe in Support of Conagra Foods, Inc.'s Opposition to PLAINTIFFS' EX PARTE APPLICATION. (mat)
January 9, 2015 Opinion or Order Filing 501 SEALED DOCUMENT- Defendant Conagra Foods, Inc.'s Opposition to PLAINTIFFS' EX PARTE APPLICATION REGARDING CONAGRA'S LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION.(mat)
January 9, 2015 Opinion or Order Filing 500 SEALED DOCUMENT- DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS' EX PARTE APPLICATION REGARDING CONAGRA'S LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 499 SEALED DOCUMENT- PLAINTIFFS' EX PARTE APPLICATION REGARDING CONAGRA'S LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 498 SEALED DOCUMENT- PLAINTIFFS' OPPOSITION to Defendant Conagra's MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION; DECLARATIONS OF COLIN WEIR, BETSY HOWLETT, JOHN KOZUP, AND CHARLES BENBROOK IN SUPPORT THEREOF.(mat)
January 9, 2015 Opinion or Order Filing 497 SEALED DOCUMENT REPLY DECLARATION of Mary S. Thomas in Support of (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN FURTHER SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS' AMENDED MOTION. (mat)
January 9, 2015 Opinion or Order Filing 496 SEALED DOCUMENT REPLY DECLARATION of Colin B Weir in Support of (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN FURTHER SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS' AMENDED MOTION. (mat)
January 9, 2015 Opinion or Order Filing 495 SEALED DOCUMENT- REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 494 SEALED DOCUMENT- REPLY DECLARATION OF KEITH UGONE, PH.D. (mat) (Additional attachment(s) added on 1/12/2015: #1 SEALED DOCUMENT- EXHIBIT 1) (mat).
January 9, 2015 Opinion or Order Filing 493 SEALED DOCUMENT- Defendant Conagra Foods, Inc.'s MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION. (mat)
January 9, 2015 Opinion or Order Filing 492 OPPOSITION Opposition re: EX PARTE APPLICATION to Shorten Time for Hearing PLAINTIFFS' EX PARTE APPLICATION FOR EXPEDITED HEARING AND DATE FOR SUPPLEMENTAL BRIEF ON MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUE #458 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of R. Trent Taylor)(Coombe, Laura)
January 9, 2015 Opinion or Order Filing 490 SEALED DOCUMENT- PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF AMENDED MOTION FOR CLASS CERTIFICATION (mat)
January 9, 2015 Opinion or Order Filing 473 TEXT ONLY NOTICE by Magistrate Judge Alicia G. Rosenberg re: MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS #426 , #447 . COUNSEL RESIDING OUT OF STATE ONLY may appear telephonically for the hearing set on 1/13/2015 at 10:30 AM before Magistrate Judge Alicia G. Rosenberg. The call in information for the OUT OF STATE COUNSEL is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1114#; and User Password: 6024#. If counsel have any problems connecting to this call, please contact the Space & Facilities Held Desk at (213) 894-1400.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
January 8, 2015 Opinion or Order Filing 491 SEALED DOCUMENT- REBUTTAL DECLARATION OF COLIN B. WEIR IN SUPPORT OF PLAINTIFFS' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION. (mat)
January 8, 2015 Opinion or Order Filing 489 SEALED DOCUMENT- AMENDED DECLARATION OF DR. ELIZABETH HOWLETT IN SUPPORT OF PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION.(mat)
January 8, 2015 Opinion or Order Filing 488 SEALED DOCUMENT-EXHIBIT 44 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 487 SEALED DOCUMENT-EXHIBIT 43 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 486 SEALED DOCUMENT-EXHIBIT 42 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 485 SEALED DOCUMENT-EXHIBIT 36 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 484 SEALED DOCUMENT-EXHIBIT 35 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 483 SEALED DOCUMENT-EXHIBIT 34 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 482 SEALED DOCUMENT-EXHIBIT 30 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 481 SEALED DOCUMENT-EXHIBIT 29 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 480 SEALED DOCUMENT-EXHIBIT 28 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 479 SEALED DOCUMENT-EXHIBIT 27 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 478 SEALED DOCUMENT-EXHIBIT 26 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 477 SEALED DOCUMENT-EXHIBIT 25 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 476 SEALED DOCUMENT-EXHIBIT 24 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 475 SEALED DOCUMENT-EXHIBIT 20 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 474 SEALED DOCUMENT-EXHIBIT 18 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 472 SEALED DOCUMENT-EXHIBIT 15 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 471 SEALED DOCUMENT-EXHIBIT 14 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 470 SEALED DOCUMENT-EXHIBIT 12 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 469 SEALED DOCUMENT-EXHIBIT 11 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 468 SEALED DOCUMENT-EXHIBIT 10 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 467 SEALED DOCUMENT-EXHIBIT 9 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 466 SEALED DOCUMENT-EXHIBIT 8 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 465 SEALED DOCUMENT-EXHIBIT 7 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 464 SEALED DOCUMENT-EXHIBIT 5 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 463 SEALED DOCUMENT-EXHIBIT 4 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 462 SEALED DOCUMENT-EXHIBIT 3 in Support of Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification.(mat)
January 8, 2015 Opinion or Order Filing 461 SEALED DOCUMENT- Declaration of David E. Azar in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 460 SEALED DOCUMENT- EXPERT AMENDED DECLARATION of Colin B. Weir in Support of Plaintiffs' Amended Motion for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 459 SEALED DOCUMENT- PLAINTIFFS' MEMORANDUM of Points and Authorities in Support of Amended MOTION for Class Certification. (mat)
January 8, 2015 Opinion or Order Filing 458 EX PARTE APPLICATION to Shorten Time for Hearing PLAINTIFFS' EX PARTE APPLICATION FOR EXPEDITED HEARING AND DATE FOR SUPPLEMENTAL BRIEF ON MOTION TO COMPEL PRODUCTION OF ALL NON-PRIVILEGED DOCUMENTS RESPONSIVE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION OF DOCUMENTS, AND/OR TO ADD THIS AS AN AGENDA ITEM TO THE JANUARY 13, 2015 HEARING filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
January 8, 2015 Opinion or Order Filing 457 PROOF OF SERVICE filed by Defendant Conagra Foods, Inc., re Response,,,,, #456 served on 01/08/2015. (Coombe, Laura)
January 8, 2015 Opinion or Order Filing 456 RESPONSE filed by Defendant Conagra Foods, Inc.to Order on Ex Parte Application for Order,,,,,,,, Order on Application for Order,,,,,,, #443 (Attachments: #1 REDACTED Plaintiff Memo of Ps&As ISO Amended Motion for Class Cert, #2 REDACTED Amended Weir Decl ISO Plaintiff Amended Motion for Class Cert, #3 REDACTED Amended Howlett Decl ISO Plaintiff Amended Motion for Class Cert, #4 REDACTED Rebuttal Decl ISO Reply ISO Plaintiff Amended Motion for Class Cert, #5 REDACTED ConAgra Opposiiton to Plaintiff Amended Motion for Class Cert, #6 REDACTED Reply Decl of Keith Ugone ISO Opp to Plaintiff Amended Motion for Class Cert, #7 REDACTED Exhs to Reply Decl of Keith Ugone ISO Opp to Plaintiff Amended Motion for Class Cert, #8 REDACTED Reply ISO Plaintiff Amended Motion for Class Cert, #9 REDACTED Thomas Decl ISO Reply ISO Amended Motion for Class Cert, #10 REDACTED Weir Decl ISO Reply ISO Amended Motion for Class Cert, #11 REDACTED Plaintiff Opp to ConAgra Motion to Strike, #12 REDACTED Plaintiff Ex Parte App re Late Prod of Docs, #13 REDACTED Part 1 Kelston Decl ISO Ex Parte App re Late Prod of Docs, #14 REDACTED Part 2 Kelston Decl ISO Ex Parte App re Late Prod of Docs, #15 REDACTED ConAgra Opp to Ex Parte App re Late Prod of Docs, #16 REDACTED Coombe Decl ISO Opp to Ex Parte App re Late Prod of Docs)(Coombe, Laura)
January 8, 2015 Opinion or Order Filing 453 NOTICE OF CLERICAL ERROR: Due to sealed document 542 was docketed separately in error. (mat)
January 6, 2015 Opinion or Order Filing 455 SEALED DOCUMENT- Declaration of David E. Azar in Support of Supplemental Memorandum in Support of JOINT STIPULATION on Plaintiffs' Motion to Compel Production from Defendant Conagra Foods, Inc. Relating to Conagra's Late Production of Documents.(mat)
January 6, 2015 Opinion or Order Filing 454 SEALED DOCUMENT- Supplemental Memorandum in Support of JOINT STIPULATION on Plaintiffs' Motion to Compel Document Production from Defendant Conagra Foods, Inc. Relating to Conagra's Late Production of Documents. (mat)
January 6, 2015 Opinion or Order Filing 452 SEALED DOCUMENT- EXHIBIT A-H (Attachments: Part 2, Part 3)(mat)
January 6, 2015 Opinion or Order Filing 451 SEALED DOCUMENT- Declaration of David E. Azar in Support of JOINT STIPULATION on Plaintiffs' Motion to Compel Document Production from Defendant Conagra Foods, Inc. Relating to Conagra's Late Production of Documents. (mat) (Additional attachment(s) added on 1/8/2015: #1 SEALED DOCUMENT- Exhibits A-H, #2 part 2 of EXHIBITS A-H, #3 part 3 of EXHIBITS A-H , #4 SEALED DOCUMENT- EXHIBITS I-J part 1, #5 part 2 of Exhibits I-J , #6 SEALED DOCUMENT- Exhibits K-M part 1, #7 part 2 of EXHIBITS K-M ) (mat). Modified on 1/8/2015 (mat).
January 6, 2015 Opinion or Order Filing 450 SEALED DOCUMENT- DECLARATION of Cydney Chappel in Support of Defendant Conagra Foods, Inc.'s Portions of the Joint Stipulation. (mat)
January 6, 2015 Opinion or Order Filing 449 SEALED DOCUMENT- JOINT STIPULATION on Plaintiffs' Motion to Compel Document Production from Defendant Conagra Foods, Inc. Relating to Conagra's Late Production of Documents. (mat) Modified on 1/8/2015 (mat).
January 6, 2015 Opinion or Order Filing 448 ORDER GRANTING PLAINTIFFS' APPLICATION TO SEAL PORTIONS OF: (1) JOINT STIPULATION ON PLAINTIFFS' MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC.; (2) DECLARATION OF DAVID E. AZAR IN SUPPORT THEREOF; AND (3) DECLARATION OF CYDNEY CHAAPEL IN SUPPORT OF CONAGRA FOODS, INC.'S PORTION OF THE JOINT STIPULATION (DKT. NO. 425) AND PLAINTIFFS' APPLICATION TO SEAL PORTIONS OF (1) PLAINTIFFS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO COMPEL AND (2) DECLARATION OF DAVID E. AZAR IN SUPPORT (DKT. NOS. 431, 432) by Magistrate Judge Alicia G. Rosenberg: granting #425 Application for Order; granting #431 Application for Order. Plaintiffs' Ex Parte Applications for an order to seal various materials (Dkt. Nos. 425, 431) came before this Court. Upon review of the Applications, the Court finds that good cause exists to seal the following documents: (See Order for details.) (mp)
January 6, 2015 Opinion or Order Filing 447 MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg re: MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS #426 . SETTING HEARING ON PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS. IT IS HEREBY ORDERED that a hearing on Plaintiff's motion to compel further document production is set on Tuesday, January 13, 2015, at 10:30 a.m. Counsel shall be prepared to address the following questions: 1. Has ConAgra's council reviewed an ingredient or component from a producer that is also used in one or more Wesson Oils? Are there considerations the court should consider in ascertaining whether the ingredient or component is the same in both products? 2. If the answer to first sentence in Question 1 is yes, identify the ingredient(s) or component(s), the product that was reviewed by the Natural Council and the Wesson Oil product that uses the same ingredient(s) or component(s). 3. Has ConAgra produced all versions of the natural foods principles for the United States? 4. Are the Plaintiffs seeking documents other than the council's evaluation of particular ingredient(s) or component(s)? If yes, identify the categories of documents. 5. Does ConAgra object to production of metadata for CAG0031971-32004? Counsel should also be ready to address production of metadata in the event the court orders production of documents in response to Plaintiffs' pending motion to compel. If counsel cannot compile the requested information by Tuesday, January 13, 2015, at 10:30 a.m., counsel must contact the court clerk, Marine Pogosyan, at (213) 894-5419, by Friday, January 9, 2015 at noon to request a telephonic conference with the court and all counsel. (See Order for details.) (mp)
January 6, 2015 Opinion or Order Filing 446 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Andrew G. Phillips to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14998195 paid.) #444 . The following error(s) was found: Other error(s) with document(s) are specified below: No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
January 5, 2015 Opinion or Order Filing 445 ORDER by Judge Margaret M. Morrow: granting #444 Application to Appear Pro Hac Vice by Attorney Andrew W. Phillips on behalf of Defendant, designating A. Brooks Gresham as local counsel. (lt)
January 5, 2015 Opinion or Order Filing 444 APPLICATION for attorney Andrew G. Phillips to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14998195 paid.) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Gresham, A)
December 29, 2014 Opinion or Order Filing 443 MINUTES (IN CHAMBERS) Order Granting in Part and Denying in Part Plaintiffs' Applications to File Under Seal; Granting Defendant's Application to File Under Seal by Judge Margaret M. Morrow granting in part and denying in part #380 Ex Parte Application; granting in part and denying in part #382 Ex Parte Application; granting in part and denying in part #411 Application; granting in part and denying in part #414 Ex Parte Application. Counsel are directed to resubmit the documents identified in the applications under seal by January 8, 2015. The parties are also directed to publicly file versions of each document, which have been redacted in compliance with this order, by the same date. (see document for further details) (bm) Modified on 12/30/2014 (ah).
December 29, 2014 Opinion or Order Filing 442 (IN CHAMBERS):ORDER Denying Plaintiffs' Ex Parte Application [Docket No. #418 ] by Judge Margaret M. Morrow: Plaintiffs' ex parte application to file a supplemental memorandum regarding the recent Brazil v. Dole opinion is denied. (ah)
December 29, 2014 Opinion or Order Filing 441 (IN CHAMBERS): ORDER Denying Plaintiffs' Ex Parte Application Regarding ConAgra's Late Production of Documents Material to Class Certification [Docket No. #412 ] by Judge Margaret M. Morrow: The court concludes that plaintiffs have not made a sufficient showing of good cause warranting the ex parte relief they seek. The court therefore denies plaintiffs' ex parte application for an order instructing ConAgra to explain, in writing, the circumstances surrounding its production of documents on October 24, 2014. Plaintiffs are instructed that, in accordance with court's prior orders, all discovery disputes are to be submitted to Judge Rosenberg. (ah)
December 29, 2014 Opinion or Order Filing 440 (IN CHAMBERS): ORDER Denying Defendant's Ex Parte Motion to Stay #433 by Judge Margaret M. Morrow: The court denies ConAgra's ex parte application to stay the action pending the Ninth Circuit's resolution of the appeal in Jones v. ConAgra Foods, Inc. (ah)
December 23, 2014 Opinion or Order Filing 439 TEXT ONLY NOTICE by Magistrate Judge Alicia G. Rosenberg. PLAINTIFF'S MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRA'S LATE PRODUCTION OF DOCUMENTS #426 scheduled for December 30, 2014 10:00 a.m. is VACATED. The Court takes the motion under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
December 22, 2014 Opinion or Order Filing 438 OPPOSITION to EX PARTE APPLICATION to Stay Case pending Resolution of Related Cases and/or Appeals #433 PLAINTIFFS' RESPONSE TO CONAGRA'S DECEMBER 22, 2014 FILING OF RECENT AUTHORITY filed by Plaintiffs Jill Crouch, Erika Heins, Rona Johnston, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Levitt, Adam)
December 22, 2014 Opinion or Order Filing 437 NOTICE of Decision: Notice of Recent Authority in Support of Defendant ConAgra Foods, Inc.'s Ex Parte Application to Stay (Dkt #433); Exhibit "A" - USDC ND CA Order Staying Case filed by defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit "A")(Coombe, Laura)
December 18, 2014 Opinion or Order Filing 436 OPPOSITION IN OPPOSITION TO re: EX PARTE APPLICATION to Stay Case pending Resolution of Related Cases and/or Appeals #433 PLAINTIFFS OPPOSITION TO CONAGRA FOODS, INC.S EX PARTE APPLICATION TO STAY filed by Plaintiff Robert Briseno. (Azar, David)
December 18, 2014 Opinion or Order Filing 435 RESPONSE filed by Plaintiff Robert Brisenoto Notice of Decision by other Court #430 PLAINTIFFS RESPONSE TO CONAGRAS DECEMBER 16, 2014 FILING OF SUPPLEMENTAL AUTHORITY (Azar, David)
December 17, 2014 Opinion or Order Filing 434 REPLY in Support of APPLICATION for Order for TO SEAL SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS, AND (2) DECLARATIO #431 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
December 17, 2014 Opinion or Order Filing 433 EX PARTE APPLICATION to Stay Case pending Resolution of Related Cases and/or Appeals filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Laura Coombe ISO App to Stay, #2 Proposed Order)(Coombe, Laura)
December 16, 2014 Opinion or Order Filing 432 SUPPLEMENT to MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS #426 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Azar, David)
December 16, 2014 Opinion or Order Filing 431 APPLICATION for Order for TO SEAL SUPPLEMENTAL MEMORANDUM IN SUPPORT OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS, AND (2) DECLARATION OF DAVID E. AZAR IN SUPPORT THEREOF filed by Plaintiffs Robert Briseno. Application set for hearing on 12/30/2014 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Declaration, #2 Proposed Order, #3 Affidavit PROOF OF SERVICE)(Azar, David)
December 16, 2014 Opinion or Order Filing 430 NOTICE of Decision: (1) USDC ND CA Granting Defendant's Summary Judgment; and (2) USDC ND CA Granting Defendant's Motion to Decertify filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
December 11, 2014 Opinion or Order Filing 429 Notice of Electronic Filing re APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS, (2) DECLARATION OF #425 , MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS #426 , Joint Stipulation re Discovery Motion #427 , Proof of Service (subsequent documents) #428 e-mailed to Attorney Benjamin Diggs at Hogan Lovells US LLP bounced due to invalid email. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
December 9, 2014 Opinion or Order Filing 428 PROOF OF SERVICE filed by PLAINTIFFS Robert Briseno, re APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS, (2) DECLARATION OF #425 PROOF OF SERVICE OF DOCUMENTS FILED UNDER SEAL served on December 9, 2014. (Azar, David)
December 9, 2014 Opinion or Order Filing 427 JOINT STIPULATION to MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS #426 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration [REDACTED] DECLARATION OF DAVID E. AZAR, #2 Declaration [REDACTED] DECLARATION OF CYDNEY CHAAPEL)(Azar, David)
December 9, 2014 Opinion or Order Filing 426 NOTICE OF MOTION AND MOTION to Compel DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS filed by Plaintiffs Robert Briseno. Motion set for hearing on 12/30/2014 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Azar, David)
December 9, 2014 Opinion or Order Filing 425 APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. RELATING TO CONAGRAS LATE PRODUCTION OF DOCUMENTS, (2) DECLARATION OF DAVID E. AZAR IN SUPPORT THEREOF, AND (3) DECLARATION OF CYDNEY CHAAPEL IN SUPPORT OF DEFENDANT CONAGRA FOODS, INC.S PORTION OF THE JOINT STIPULATION filed by Plaintiffs Robert Briseno. Application set for hearing on 12/30/2014 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
November 24, 2014 Opinion or Order Filing 424 MINUTES OF Plaintiff's Motion to Amend Motion for Class Certification & Appointment of Class Counsel #363 ; Defendant ConAgra's Motion to Strike Declarations to Motion for Class Certification #387 held before Judge Margaret M. Morrow: The court takes the motions under submission. Court Reporter: C. Nirenberg. (ah)
November 24, 2014 Opinion or Order Filing 423 Notice of Appearance or Withdrawal of Counsel: for attorney David E Bower counsel for Plaintiffs Alexis Justak, Phyllis Scarpelli, Leonora Ulitsky. Christopher Marlborough is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Phyllis Scarpelli, Alexis Justak, Leonora Ulitsky. (Attorney David E Bower added to party Alexis Justak(pty:pla), Attorney David E Bower added to party Phyllis Scarpelli(pty:pla), Attorney David E Bower added to party Leonora Ulitsky(pty:pla))(Bower, David)
November 18, 2014 Opinion or Order Filing 422 NOTICE filed by plaintiff Robert Briseno. Notice of Withdrawal of Certain Counsel. (Azar, David)
November 18, 2014 Opinion or Order Filing 421 Notice of Appearance or Withdrawal of Counsel: for attorney David E Azar counsel for Plaintiff Robert Briseno. Nicole M. Duckett is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Robert Briseno. (Azar, David)
November 14, 2014 Opinion or Order Filing 420 OPPOSITION in Opposition to re: EX PARTE APPLICATION for Leave to TO SUBMIT MEMORANDUM UPDATING COURT ON RECENT DECISION IN BRAZIL V. DOLE #418 filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
November 14, 2014 Opinion or Order Filing 419 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER CONTINUING Plaintiff's Motion to Amend The Motion for Class Certification & Appointment of Class Counsel #363 and Defendant ConAgra's Motion to Strike Declarations to Motion for Class Certification #387 by Judge Margaret M. Morrow re: The court, on its motion, continues the motions to 11/24/2014 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
November 13, 2014 Opinion or Order Filing 418 EX PARTE APPLICATION for Leave to TO SUBMIT MEMORANDUM UPDATING COURT ON RECENT DECISION IN BRAZIL V. DOLE filed by Plaintiffs Robert Briseno. (Attachments: #1 Exhibit EXHIBIT A IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO SUBMIT MEMORANDUM UPDATING COURT ON RECENT DECISION IN BRAZIL V. DOLE, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR LEAVE TO SUBMIT MEMORANDUM UPDATING COURT ON RECENT DECISION IN BRAZIL V. DOLE)(Levitt, Adam)
November 13, 2014 Opinion or Order Filing 417 PROOF OF SERVICE filed by Defendant Conagra Foods, Inc., re Objection/Opposition (Motion related), #415 served on 11/13/2014. (Coombe, Laura)
November 13, 2014 Opinion or Order Filing 416 REPLY in Support of APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF #411 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
November 13, 2014 Opinion or Order Filing 415 Opposition re: EX PARTE APPLICATION for Order [REDACTED] PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION #412 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration ISO Opposition, #2 Exhibit A-H Redacted)(Coombe, Laura)
November 13, 2014 Opinion or Order Filing 414 EX PARTE APPLICATION for Order for Sealing Portions of Conagra's Opposition to Plaintiffs' Ex Parte Application Regarding conAgra's Late Production of Documents Material to Class Certification filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
November 12, 2014 Opinion or Order Filing 413 PROOF OF SERVICE filed by Plaintiffs Robert Briseno, re EX PARTE APPLICATION for Order [REDACTED] PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION #412 PROOF OF SERVICE OF DOCUMENTS FILED UNDER SEAL served on 11/12/2014. (Azar, David)
November 12, 2014 Opinion or Order Filing 412 EX PARTE APPLICATION for Order [REDACTED] PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration [REDACTED] DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION, #2 Proposed Order)(Azar, David)
November 12, 2014 Opinion or Order Filing 411 APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) PLAINTIFFS EX PARTE APPLICATION REGARDING CONAGRAS LATE PRODUCTION OF DOCUMENTS MATERIAL TO CLASS CERTIFICATION AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF filed by Plaintiffs Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
November 10, 2014 Opinion or Order Filing 410 RESPONSE filed by Plaintiff Robert Brisenoto Objection/Opposition (Motion related) #407 Defendant Conagra Foods, Inc.'s Evidentiary Objections to Plaintiffs' Evidence (Attachments: #1 Declaration)(Azar, David)
November 3, 2014 Opinion or Order Filing 409 RESPONSE IN SUPPORT of APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION, (2) DECLARATION OF MARY S. THOMAS IN FURTHER SUPPORT OF PLA #402 filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
November 3, 2014 Opinion or Order Filing 408 RESPONSE filed by Defendant Conagra Foods, Inc.to Objections - non-motion #397 (Coombe, Laura)
November 3, 2014 Opinion or Order Filing 407 EVIDENTIARY OBJECTIONS in Oppososition to Plaintiff's Declarations in Support of Reply re: Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
November 3, 2014 Opinion or Order Filing 406 DECLARATION of Laura Coombe in Support of Reply in Support of MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A-B)(Coombe, Laura)
November 3, 2014 Opinion or Order Filing 405 RESPONSE IN SUPPORT of MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
October 28, 2014 Opinion or Order Filing 404 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata #399 . (bm)
October 27, 2014 Opinion or Order Filing 403 PROOF OF SERVICE filed by Plaintiffs Robert Briseno, re APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION, (2) DECLARATION OF MARY S. THOMAS IN FURTHER SUPPORT OF PLA #402 (Azar, David)
October 27, 2014 Opinion or Order Filing 402 APPLICATION for Order for TO SEAL APPLICATION TO SEAL PORTIONS OF: (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION, (2) DECLARATION OF MARY S. THOMAS IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION, (3) REPLY DECLARATION OF COLIN B. WEIR IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION, AND (4) PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION filed by Plaintiffs Robert Briseno. Application set for hearing on 11/17/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
October 27, 2014 Opinion or Order Filing 401 OPPOSITION re: MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 PLAINTIFFS OPPOSITION TO CONAGRAS MOTION TO STRIKE DECLARATION OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION; DECLARATIONS OF COLIN WEIR, BETSY HOWLETT, JOHN KOZUP, AND CHARLES BENBROOK IN SUPPORT THEREOF filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 400 DECLARATION of Dr. John C. Kozup In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 DECLARATION OF DR. JOHN C. KOZUP IN SUPPORT OF (1) PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION AND (2) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 399 NOTICE Errata filed by Plaintiffs Robert Briseno. NOTICE OF ERRATA RE SIGNATURE PAGE OF REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION [DOC 393] (Attachments: #1 Exhibit)(Azar, David)
October 27, 2014 Opinion or Order Filing 398 DECLARATION of MARY S. THOMAS In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 DECLARATION OF MARY S. THOMAS IN SUPPORT OF (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 397 OBJECTIONS PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF RAQUELLE HUNTER filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 396 DECLARATION of Dr. Elizabeth Howlett In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 REPLY DECLARATION OF DR. ELIZABETH HOWLETT IN SUPPORT OF (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 395 DECLARATION of Charles M. Benbrook, Ph.D In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 DECLARATION OF CHARLES M. BENBROOK, PH.D. IN SUPPORT OF (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 394 DECLARATION of COLIN B. WEIR In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 REPLY DECLARATION OF COLIN B WEIR IN SUPPORT OF (1) REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION AND (2) IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND ELIZABETH HOWLETT, PH.D. IN SUPPORT OF PLAINTIFFS AMENDED MOTION filed by Plaintiff Robert Briseno. (Azar, David)
October 27, 2014 Opinion or Order Filing 393 REPLY IN FURTHER SUPPORT OF Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Plaintiff Robert Briseno. (Azar, David)
October 22, 2014 Opinion or Order Filing 392 ORDER GRANTING STIPULATION SETTING BRIEFING SCHEDULE AND HEARING DATE ON CONAGRA'S MOTION TO STRIKE EVIDENCE by Judge Margaret M. Morrow. The Parties' Stipulation is GRANTED and the hearing on ConAgra's Motion to Strike evidence filed in opposition to Plaintiffs' Amended Motion for Class Certification is set for hearing on November 17, 2014 at 10:00 a.m. and the following briefing schedule is set: Plaintiff's opposition shall be due October 27, 2014; ConAgra;s reply shall be due November 3, 2014, re Stipulation for Hearing, #391 (bp)
October 20, 2014 Opinion or Order Filing 391 STIPULATION for Hearing re MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
October 7, 2014 Opinion or Order Filing 390 NOTICE OF ERRATA filed by Defendant Conagra Foods, Inc.. correcting MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 (Coombe, Laura)
October 7, 2014 Opinion or Order Filing 389 DECLARATION of Laura Coombe in Opposition to and in Support of Respectively Amended MOTION to Certify Class and Appointment of Class Counsel #363 , MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 #387 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A)(Coombe, Laura)
October 6, 2014 Opinion or Order Filing 388 REQUEST FOR JUDICIAL NOTICE in Support of its Opposition to Amended Motion for Class Certification (Amended) filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
October 6, 2014 Opinion or Order Filing 387 NOTICE OF MOTION AND MOTION to Strike Declarations of Weir and Howlett in Support of Plaintiffs' Amended Motion for Class Certification Declaration (Motion related) #367 , Declaration (Motion related) #368 filed by Defendant Conagra Foods, Inc.. Motion set for hearing on 11/17/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Coombe, Laura)
October 6, 2014 Opinion or Order Filing 386 DECLARATION of Laura Coombe in Opposition to Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Coombe, Laura)
October 6, 2014 Opinion or Order Filing 385 DECLARATION of Keith R. Ugone, Ph.D. in Opposition to Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit [REDACTED])(Coombe, Laura)
October 6, 2014 Opinion or Order Filing 384 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Plaintiff's Amended Motion for Class Certification filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
October 6, 2014 Opinion or Order Filing 383 MEMORANDUM in Opposition to Amended MOTION to Certify Class and Appointment of Class Counsel #363 [REDACTED] filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
October 6, 2014 Opinion or Order Filing 382 EX PARTE APPLICATION for Order for Sealing Portion so ConAgra's Oppositon to Plaintiffs' Amended Motion for Class Certification and Portions of the Declaration of Keith R. Ugone filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order, #2 Proof of Service)(Coombe, Laura)
September 29, 2014 Opinion or Order Filing 381 OPPOSITION to EX PARTE APPLICATION for Order for to Seal Exhibits to Declarations of D. Azar and C. Weir [Dkts 364-7; 364-8; 367; 285] #380 PLAINTIFFS' RESPONSE TO CONAGRA'S EX PARTE APPLICATION FOR ORDER TO SEAL PORTIONS OF PLAINTIFFS' DECLARATIONS IN SUPPORT OF AMENDED MOTION FOR CLASS CERTIFICATION [DKT 380] filed by Plaintiff Robert Briseno. (Azar, David)
September 26, 2014 Opinion or Order Filing 380 EX PARTE APPLICATION for Order for to Seal Exhibits to Declarations of D. Azar and C. Weir [Dkts 364-7; 364-8; 367; 285] filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration of Laura Coombe in Support, #2 Declaration of Melanie McIntyre in Support, #3 Proposed Order)(Coombe, Laura)
September 11, 2014 Opinion or Order Filing 378 ORDER IN RESPONSE TO FILER DEFICIENCY by Judge Margaret M. Morrow accepted as filed RE: Notice of Deficiency in Electronically Filed Documents (G-112),, #377 . SEE ORDER. (ah)
September 10, 2014 Opinion or Order Filing 379 ORDER by Judge Margaret M. Morrow: granting #376 Application to Appear Pro Hac Vice by Attorney Richard T. Taylor on behalf of Defendant, designating Laura E. Coombe as local counsel. (lt)
September 10, 2014 Opinion or Order Filing 377 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #366 . The following error(s) was found: Incorrect event selected.Other error(s) with document(s) are specified below. The correct event is: Errata. Other error(s) with document(s): Applicant failed to supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
September 10, 2014 Opinion or Order Filing 376 APPLICATION for attorney Richard Trent Taylor to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14431586 paid.) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
September 10, 2014 Opinion or Order Filing 375 PROOF OF SERVICE filed by Plaintiffs Robert Briseno, re Amended MOTION to Certify Class and Appointment of Class Counsel #363 PROOF OF SERVICE OF DOCUMENTS FILED UNDER SEAL served on 09/08/2014. (Azar, David)
September 10, 2014 Opinion or Order Filing 374 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING PROOF OF SERVICE DOCUMENTS FILED UNDER SEAL #372 by Judge Margaret M. Morrow re: Notice of Deficiency in Electronically Filed Documents (G-112) #373 . The incorrect event was selected. Plaintiff shall cure the deficiency issued on September 9, 2014, and refile the Proof of Service using the correct event. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
September 9, 2014 Opinion or Order Filing 373 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service of Documents filed Under Seal #372 . (bm)
September 8, 2014 Opinion or Order Filing 372 AFFIDAVIT re Amended MOTION to Certify Class and Appointment of Class Counsel #363 PROOF OF SERVICE OF DOCUMENTS FILED UNDER SEAL filed by Plaintiff Robert Briseno (Azar, David)
September 8, 2014 Opinion or Order Filing 371 MEMORANDUM in Support of Amended MOTION to Certify Class and Appointment of Class Counsel #363 [REDACTED] filed by Plaintiff Robert Briseno. (Azar, David)
September 8, 2014 Opinion or Order Filing 370 DECLARATION of Named Plaintiffs In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit Exhibits A-I)(Azar, David)
September 8, 2014 Opinion or Order Filing 369 DECLARATION of Charles M. Benbrook, Ph.D In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Plaintiff Robert Briseno. (Azar, David)
September 8, 2014 Opinion or Order Filing 368 DECLARATION of Dr. Elizabeth Howlett In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 [REDACTED] filed by Plaintiff Robert Briseno. (Azar, David)
September 8, 2014 Opinion or Order Filing 367 DECLARATION of COLIN B. WEIR In Support Of Amended MOTION to Certify Class and Appointment of Class Counsel #363 [REDACTED] filed by Plaintiff Robert Briseno. (Azar, David)
September 8, 2014 Opinion or Order Filing 366 Notice of Filing Mississippi Certificate of Good Standing filed by Defendant Conagra Foods, Inc. re: Notice of Deficiency in Electronically Filed Documents (G-112),,, #360 , Text Only Scheduling Notice,, 362 (Attachments: #1 Mississippi Certificate of Good Standing)(Spivey, Angela)
September 8, 2014 Opinion or Order Filing 365 APPLICATION for Order for Seal Portions of (1) Plaintiffs' Memorandum of Points and Authorities in Support of Plaintiffs' Amended Motion for Class Certification, (2) Amended Declaration of Colin B. Weir and (3) Amended Declaration of Dr. Elizabeth Howlett filed by plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
September 8, 2014 Opinion or Order Filing 364 DECLARATION of David E. Azar in support of Amended MOTION to Certify Class and Appointment of Class Counsel #363 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit 1-12, #2 Exhibit 13 part 1, #3 Exhibit 13 part 2, #4 Exhibit 14-20, #5 Exhibit 21-30, #6 Exhibit 31-33, #7 Exhibit 34-40, #8 Exhibit 41-49)(Azar, David)
September 8, 2014 Opinion or Order Filing 363 NOTICE OF MOTION AND Amended MOTION to Certify Class and Appointment of Class Counsel filed by plaintiff Robert Briseno. Motion set for hearing on 11/17/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Azar, David)
September 8, 2014 Opinion or Order Filing 362 TEXT ONLY ENTRY (IN CHAMBERS) ORDER DIRECTING Angela M. Spivey TO SUBMIT GOOD STANDING CERTIFICATE by Judge Margaret M. Morrow re: Notice of Deficiency in Electronically Filed Documents (G-112) #360 . Angela M. Spivey is directed to submit cure the deficiency issued on 09/05/2014 (Docket No. 360) and submit Good Standing Certificate required by Local Rule 83-2.1.3.3 on or before 09/15/2014. Failure to do so will result in the court striking her application. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
September 5, 2014 Opinion or Order Filing 361 ORDER by Judge Margaret M. Morrow: granting #359 Application to Appear Pro Hac Vice by Attorney Angela M. Spivey on behalf of Defendant, designating Laura Coombe as local counsel. (lt)
September 5, 2014 Opinion or Order Filing 360 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Angela M. Spivey to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14401772 paid.) #359 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Applicant failed to supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
September 4, 2014 Opinion or Order Filing 359 APPLICATION for attorney Angela M. Spivey to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14401772 paid.) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
August 29, 2014 Opinion or Order Filing 358 IN CHAMBERS Order Setting Briefing Schedule and Continuing Case ManagementDatesby Judge Margaret M. Morrow: re: Report, #334 . Hearing on Plaintiff's amended class certification motion 11/17/2014 at 10:00 a.m. Final Pretrial Conference set for 6/1/2015 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 6/23/2015 08:30 AM before Judge Margaret M. Morrow. Telephone Conference set for 1/21/2015 05:30 PM. SEE ORDER FOR DETAILS. (ah)
August 28, 2014 Opinion or Order Filing 357 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint REQUEST for Ruling ON JOINT REPORT SETTING FORTH PARTIES PROPOSED SCHEDULE AND PAGE LIMITS FOR FILING AND BRIEFING OF AN AMENDED MOTION FOR CLASS CERTIFICATION (DKT. 334) #355 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. (NO PROPOSED ORDER)In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw)
August 28, 2014 Opinion or Order Filing 356 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Amended Motion for Class Certification PLAINTIFFS' UNOPPOSED EX PARTE APPLICATION (I) TO EXTEND PAGE LIMIT AND (II) FOR A THREE (3) DAY EXTENSION FOR FILING PLAINTIFFS' AMENDED MOTION FOR CLASS CERTIFICATION; DECLARATION OF DAVID E. AZAR filed by Plaintiffs Robert Briseno. (Attachments: #1 Proposed Order)(Azar, David)
August 27, 2014 Opinion or Order Filing 355 Joint REQUEST for Ruling ON JOINT REPORT SETTING FORTH PARTIES PROPOSED SCHEDULE AND PAGE LIMITS FOR FILING AND BRIEFING OF AN AMENDED MOTION FOR CLASS CERTIFICATION (DKT. 334) filed by Plaintiffs Robert Briseno. (Azar, David)
August 5, 2014 Opinion or Order Filing 354 ORDER GRANTING PLAINTIFFS' RENEWED APPLICATION AND DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' APPLICATION TO FILE PORTIONS OF THE REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION UNDER SEAL (DKT. No. 281) by Judge Margaret M. Morrow granting #346 Ex Parte Application: The Renewed Application to File Portions of the Reply in Support of Plaintiffs' Motion for Class Certification under Seal came before this Court. Upon review of the Renewed Application, and the supporting Declaration of HealthFocus International and exhibits thereto, the Court finds that good cause exists to seal the following document in support of the Declaration of Adam J. Levitt in Support of Plaintiffs' Reply Memorandum of Points and Authorities in Further Support of Plaintiffs' Motion for Class Certification: Exhibit D a true and correct copy of the first 32 pages of a report by HealthFocus International, Health Focus Natural Study (2011), bearing Bates number HEALTHFOCUS00003465 through HEALTHFOCUS00003496. The Renewed Application is GRANTED. (bm)
August 5, 2014 Opinion or Order Filing 353 SEALED DOCUMENT - EXHIBIT D TO THE DECLARATION OF ADAM J. LEVITT IN SUPPORT OF PLAINTIFFS' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Filed filed by Defendant Conagra Foods, Inc. (bm)
August 5, 2014 Opinion or Order Filing 352 TEXT ONLY ENTRY (IN CHAMBERS) GRANTING CONAGRA'S RENEWED APPLICATION #337 by Judge Margaret M. Morrow re: Motion Related Document,, #337 . The court grants ConAgra's renewed application to seal Exhibit L (supplemental brief in support of application to file portions of the reply, etc under seal. Docket No. 281).THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
August 1, 2014 Opinion or Order Filing 351 TRANSCRIPT ORDER re: Notice of Filing Transcript 348 , Transcript (CV),, #347 , as to Defendant Conagra Foods, Inc. Court Reporter. Court will contact Sherlynn Hicks at SHicks@mcguirewoods.com with any questions regarding this order. Transcript portion requested: Other: Class Certification and Motion to Strike, July 14, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Gresham, A)
August 1, 2014 Opinion or Order Filing 350 ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION #241 ; GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE #262 by Judge Margaret M. Morrow. If plaintiffs can address the deficiencies noted in this order, they can file an amended motion for class certification within thirty (30) days of the date of this order. SEE ORDER FOR DETAILS. (cb)
July 31, 2014 Opinion or Order Filing 349 ORDER GRANTING PLAINTIFFS' MOTION FOR WITHDRAWAL AND VOLUNTARY DISMISSAL OF INDIVIDUAL CLAIMS by Judge Margaret M. Morrow: On June 3, 2014, plaintiffs filed a motion for an order permitting Bonnie McDonald and Phyllis Scarpelli (collectively "withdrawing plaintiffs") to withdraw as named plaintiffs and dismissing their claims. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds this matter appropriate for decision without oral argument. The hearing calendared for August 4, 2014 is therefore vacated, and the matter is taken off calendar.....the court grants plaintiffs' motion. The claims of McDonald and Scarpelli are dismissed with prejudice and without imposition of further conditions. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) RE:granting #273 Motion to Withdraw ; granting #273 Motion to Dismiss Plaintiffs Bonnie McDonald, Phyllis Scarpelli. Terminating Bonnie McDonald and Phyllis Scarpelli. (lw)
July 25, 2014 Opinion or Order Filing 348 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, JULY 14, 2014 10:08 A.M. re Transcript #347 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY
July 25, 2014 Opinion or Order Filing 347 TRANSCRIPT for proceedings held on MONDAY, JULY 14, 2014 10:08 A.M. Court Reporter: C. NIRENBERG, CONTACT: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. NIRENBERG CONTACT: www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/15/2014. Redacted Transcript Deadline set for 8/25/2014. Release of Transcript Restriction set for 10/23/2014. (Nirenberg, C)
July 23, 2014 Opinion or Order Filing 346 Renewed EX PARTE APPLICATION for Order for to File Portions of the Reply in Support of Plaintiffs' Motion for Class Certification Under Seal filed by Plaintiff Conagra Foods, Inc.. (Attachments: #1 Declaration of HealthFocus, #2 Proposed Order, #3 Proof of Service)(Coombe, Laura)
July 23, 2014 Opinion or Order Filing 345 DECLARATION of Henry J. Kelston in Support of MOTION to Certify Class #241 (Redacted Version of Exhibit 4 to Declaration Filed Under Seal) filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
July 23, 2014 Opinion or Order Filing 344 MEMORANDUM in Support of MOTION to Certify Class #241 (Redacted Version of Document Filed Under Seal) filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
July 23, 2014 Opinion or Order Filing 343 TEXT ONLY ENTRY (IN CHAMBERS) STRIKING MEMORANDUM by Judge Margaret M. Morrow re: MOTION to Certify Class Redacted Version of Documents Previously Filed Under Seal #332 . Incorrect document attached. See deficiency issued on 07/21/2014 #342 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah)
July 22, 2014 Opinion or Order Filing 341 TRANSCRIPT ORDER as to Plaintiffs Robert Briseno Court Reporter. Court will contact Jennifer Conte at jconte@milberg.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 07/14/14 Motion to Certify Class. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Azar, David)
July 22, 2014 Opinion or Order Filing 340 TEXT ONLY ENTRY (IN CHAMBERS) STRIKING PLAINTIFF'S RENEWED APPLICATION TO SEAL by Judge Margaret M. Morrow re: Amendment (Motion related) #338 . The document is stricken for the following reasons: 1.The text entry and attached document do not match. 2. Incorrect event selected. The document should be filed under Ex Parte Applications. 3. Plaintiff must comply with the procedures for the Under Seal Program. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
July 21, 2014 Opinion or Order Filing 342 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Certify Class #332 . The following error(s) was found: Incorrect document is attached to the docket entry. (bp)
July 18, 2014 Opinion or Order Filing 338 [STRICKEN] Amendment to APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal #281 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration Declaration of HealthFocus International In Support of Plaintiffs' Renewed Application To File Portions of the Reply In Support of Plaintiffs' Motion for Class Certification Under Seal (Dkt#281))(Coombe, Laura) Modified on 7/22/2014 (ah).
July 18, 2014 Opinion or Order Filing 337 Conagra Foods, Inc.'s Supplemental Brief in Support of Plaintiffs' Application to File Portion of the Reply in Support of Plaintiffs' Motion for Class Certification Under Seal (Dkt. #281) re APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal #281 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration in Support)(Coombe, Laura)
July 18, 2014 Opinion or Order Filing 336 EXHIBIT Filed filed by Plaintiff Robert Briseno. Exhibit O in Support of Declaration of Adam J. Levitt in Support of Plaintiffs' Reply Memorandum of Points and Authorities in Further Support of Plaintiffs Motion for Class Certification as to Declaration (Motion related), #287 . (Azar, David)
July 18, 2014 Opinion or Order Filing 335 OBJECTIONS to Declaration (Motion related), #266 of Raquelle Hunter filed by Plaintiff Robert Briseno. (Azar, David)
July 18, 2014 Opinion or Order Filing 334 JOINT REPORT of Parties' Proposed Schedule and Page Limits for Filing and Briefing An Amended Motion for Class Certification filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Lil Marie-Birr, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Anita Willman. (Levitt, Adam)
July 17, 2014 Opinion or Order Filing 332 [STRICKEN] NOTICE OF MOTION AND MOTION to Certify Class Redacted Version of Documents Previously Filed Under Seal filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit 4)(Coombe, Laura) Modified on 7/23/2014 (ah).
July 14, 2014 Opinion or Order Filing 307 MINUTES OF Plaintiff's Motion to Certify and Appointment of Class Counsel #241 Defendant's Motion to Strike Declaration of Colin B. Weir and Charles M. Benbrook, PH.D. #262 Motion Hearing held before Judge Margaret M. Morrow: The court having fully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, denies plaintiffs' motion for class certification without oral argument of counsel, denies plaintiffs' motion for class certification without prejudice to its renewal. If grants defendant's motion to strike the declaration of Colin Weir for purposes of this proceeding only. It grants in party and denies in part defendant's motion to strike the declaration of Charles Benbrook for purposes of this proceeding only. Counsel shall meet and confer and submit to the Court, no later than 1 week from today, a joint report that sets forth the parties' proposed schedule for the filing and briefing of an amended motion for class certification. For the reasons stated on the record, the Court will issue a final order that embodies these rulings after it receives the joint report from counsel. All other case management dates remain unchanged.Court Reporter: C. Nirenberg. (bp)
July 14, 2014 Opinion or Order Filing 304 **SEALED** DECLARATION of Dominique M. Hanssens, PH.D. in opposition to plaintiffs' MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (bp)
July 11, 2014 Opinion or Order Filing 339 **SEALED** EXHIBIT 4 IN SUPPORT OF DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Filed filed by Plaintiff Robert Briseno. as to Exhibit to Motion #329 . (bp)
July 11, 2014 Opinion or Order Filing 333 **SEALED** PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHROTIES IN SUPPORT OF THEIR re MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (bp)
July 11, 2014 Opinion or Order Filing 331 EXHIBIT 21 IN SUPPORT OF DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Filed filed by Plaintiff Robert Briseno. as to Declaration (Motion related) #244 . (bp)
July 11, 2014 Opinion or Order Filing 330 **SEALED** EXHIBIT 27 IN SUPPORT OF DECLARATION OF HENRY J. KELSTON IN SUPPORT OF PLAINTIFFS' MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (bp)
July 11, 2014 Opinion or Order Filing 329 SEALED DOCUMENT- EXHIBIT 30 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 328 SEALED DOCUMENT- EXHIBIT 29 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 327 SEALED DOCUMENT- EXHIBIT 28 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification.(mat)
July 11, 2014 Opinion or Order Filing 326 SEALED DOCUMENT- EXHIBIT 26 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 325 SEALED DOCUMENT- EXHIBIT 25 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification.(mat)
July 11, 2014 Opinion or Order Filing 324 SEALED DOCUMENT- EXHIBIT 24 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 323 SEALED DOCUMENT- EXHIBIT 20 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification.(mat)
July 11, 2014 Opinion or Order Filing 322 SEALED DOCUMENT- EXHIBIT 18 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 321 SEALED DOCUMENT- EXHIBIT 15 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 320 SEALED DOCUMENT- EXHIBIT 14 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 319 SEALED DOCUMENT- EXHIBIT 12 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification.(mat)
July 11, 2014 Opinion or Order Filing 318 SEALED DOCUMENT- EXHIBIT 11 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 317 SEALED DOCUMENT- EXHIBIT 10 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 316 SEALED DOCUMENT- EXHIBIT 9 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 315 SEALED DOCUMENT- EXHIBIT 8 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 314 SEALED DOCUMENT- EXHIBIT 7 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 313 SEALED DOCUMENT- EXHIBIT 5 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 312 SEALED DOCUMENT- EXHIBIT 3 in Support of DECLARATION of Henry J. Kelson in Support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 311 SEALED DOCUMENT- EXHIBIT N in Support of DECLARATION of Adam J. Levitt in Support of Plaintiffs' Reply MEMORANDUM OF POINTS AND AUTHORITIES in further support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 310 SEALED DOCUMENT- EXHIBIT M in Support of DECLARATION of Adam J. Levitt in Support of Plaintiffs' Reply MEMORANDUM OF POINTS AND AUTHORITIES in further support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 309 SEALED DOCUMENT- EXHIBIT F in Support of DECLARATION of Adam J. Levitt in Support of Plaintiffs' Reply MEMORANDUM OF POINTS AND AUTHORITIES in further support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 308 SEALED DOCUMENT- EXHIBIT E in Support of DECLARATION of Adam J. Levitt in Support of Plaintiffs' Reply MEMORANDUM OF POINTS AND AUTHORITIES in further support of Plaintiffs' Motion for Class Certification. (mat)
July 11, 2014 Opinion or Order Filing 306 **SEALED**DECLARATION of Robert B. Hawk in opposition to MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 DECL PART TWO)(bp)
July 11, 2014 Opinion or Order Filing 305 **SEALED** DECLARATION of Keith R. Ugone, Ph.D, in opposition to Plaintiffs' MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 DECL PART TWO, #2 DECL PART THREE, #3 DECL PART FOUR, #4 DECL PART FIVE, #5 DECL PART SIX, #6 DECL PART SEVEN)(bp)
July 11, 2014 Opinion or Order Filing 303 **SEALED** DECLARATION of Raquelle Hunter in opposition to Plaintiffs' MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (bp)
July 11, 2014 Opinion or Order Filing 302 **SEALED** DEFENDANT CONAGRA FOODS, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFFS' re MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (bp)
July 11, 2014 Opinion or Order Filing 301 ORDER GRANTING APPLICATION TO SEAL by Judge Margaret M. Morrow, re Order on Application for Order, #300 , APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal #281 : Defendant ConAgra Foods, Inc. ("ConAgra") applied to the Court for an order sealing documents disclosing ConAgra's and third party Information Resources, Inc.'s confidential information. The Court finds that compelling reasons exist to seal the following, and the justifications for sealing outweigh any public interest in disclosure of the specified materials: 1. Confidential portions of Defendant ConAgra Foods, Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification; 2. Confidential portions of the Declaration of Raquelle Hunter in Opposition to Plaintiffs Motion for Class Certification; 3. Confidential portions of the Declaration of Dominique M. Hanssens, Ph.D. in Opposition to Plaintiffs Motion for Class Certification; 4. Confidential portions of the Declaration of Keith R. Ugone, Ph.D. in Opposition to Plaintiffs Motion for Class Certification and exhibits thereto; and 5. Exhibit O to the Declaration of Robert B. Hawk. Accordingly, IT IS HEREBY ORDERED that the unredacted versions of the above-listed documents be sealed. (lw)
July 11, 2014 Opinion or Order Filing 300 MINUTES (IN CHAMBERS) Order Order Granting in Part and Denying in Part Plaintiffs' Applications to File Under Seal; Granting Defendant's Application to File Under Seal by Judge Margaret M. Morrow denying #261 Application; granting #264 Application for Order; granting in part and denying in part #281 Application: For the reasons stated, the court denies plaintiffs' first application to seal Weir's declaration, and grants the remainder of the application. The court grants ConAgra's application to seal in its entirety. The court denies plaintiffs' second application to seal Exhibits D and O to Levitt's declaration, and plaintiffs' evidentiary objections to Hunter's declaration. The court defers ruling on Exhibit L to Levitt's declaration, and directs ConAgra to file a supplemental brief and/or declaration identifying the portions of Dr. Ugone's deposition transcript it seeks to seal, and the compelling reasons that support sealing, no later than July 18, 2014. The court grants plaintiffs' second application to seal Exhibits E, F, M, and N to Levitt's declaration. Plaintiffs may file a renewed application to seal within seven (7) days of the date of entry of this order, identifying those portions of the documents they seek to have sealed, the confidential information they contain, and the compelling reasons that justify their sealing, including the specific harm that would result from publicly disclosing the allegedly confidential information. Where appropriate, plaintiffs should file proposed redacted versions of the documents for the court's review. As with the present applications, the court directs ConAgra to cooperate with plaintiffs in preparing any renewed application. If plaintiffs do not file a renewed application to seal the documents, they are directed to file unredacted copies of the documents for which the court has denied their application publicly within seven (7) days of the date of entry of this order. (see document for further details) (bm)
July 11, 2014 Opinion or Order Filing 299 OPPOSITION PLAINTIFFS RESPONSE TO DEFENDANT CONAGRA FOODS, INC.'S EVIDENTIARY OBJECTIONS TO NEW EVIDENCE SUBMITTED FOR THE FIRST TIME ON REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Plaintiff Robert Briseno. (Azar, David)
July 8, 2014 Opinion or Order Filing 298 EVIDENTIARY OBJECTIONS re: MOTION to Certify Class #241 to New Evidence Submitted by Plaintiffs for the First Time on Reply in Support of Plaintiffs' Motion for Class Certification filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
July 3, 2014 Opinion or Order Filing 297 NOTICE of Recent Authority filed by Plaintiffs Michele Andrade, Robert Briseno, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Cheri Shafstall, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Exhibit Ex. A In re IKO Roofing Shingle Products Liability Litigation, No. 14-1532 (7th Cir. July 2, 2014))(Levitt, Adam)
July 3, 2014 Opinion or Order Filing 296 REPLY in support MOTION to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. MOTION to Certify Class #241 #262 filed by Defendant Conagra Foods, Inc.. (Gresham, A)
July 2, 2014 Opinion or Order Filing 295 REPLY support APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal #281 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration)(Gresham, A)
July 2, 2014 Opinion or Order Filing 294 TEXT ONLY ENTRY (IN CHAMBERS) DIRECTING DEFENDANT TO PROVIDE LEGAL ARGUMENTS AND DECLARATION by Judge Margaret M. Morrow re: APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal #281 . Defendant is directed to provide legal argument and declaration in response to the ex parte application to seal by 5pm, July 2, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
July 1, 2014 Opinion or Order Filing 293 NOTICE of Recent Authority filed by Defendant Conagra Foods, Inc.. (Coombe, Laura)
July 1, 2014 Opinion or Order Filing 292 REQUEST FOR JUDICIAL NOTICE filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(Azar, David)
June 30, 2014 Opinion or Order Filing 291 DECLARATION of Edmund S. Aronowitz in Support of Plaintiffs' Request for Judicial Notice Exhibits 61-68 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Azar, David)
June 30, 2014 Opinion or Order Filing 290 DECLARATION of Edmund S. Aronowitz in Support of Plaintiffs' Request for Judicial Notice Exhibits 41-60 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Azar, David)
June 30, 2014 Opinion or Order Filing 289 DECLARATION of Edmund S. Aronowitz in Support of Plaintiffs' Request for Judicial Notice Exhibits 21-40 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit)(Azar, David)
June 30, 2014 Opinion or Order Filing 288 DECLARATION of Dr. Elizabeth Howlett In Support Of MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (Azar, David)
June 30, 2014 Opinion or Order Filing 287 DECLARATION of Adam J. Levitt in Support of MOTION to Certify Class #241 Reply Memorandum filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1, #4 Exhibit C part 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Duckett, Nicole)
June 30, 2014 Opinion or Order Filing 286 DECLARATION of Pauline Michael In Support Of MOTION to Certify Class #241 Reply Declaration of Plaintiff Pauline Michael In Support Of Plaintiffs' Motion for Class Certification filed by Plaintiff Robert Briseno. (Azar, David)
June 30, 2014 Opinion or Order Filing 285 DECLARATION of COLIN B. WEIR In Support Of MOTION to Certify Class #241 REBUTTAL DECLARATION OF COLIN B. WEIR IN SUPPORT OF PLAINTIFFS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Plaintiff Robert Briseno. (Azar, David)
June 30, 2014 Opinion or Order Filing 284 REPLY In Support Of MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (Attachments: #1 Appendix Appendix 3, #2 Appendix Appendix 4, #3 Appendix Appendix 5)(Azar, David)
June 30, 2014 Opinion or Order Filing 283 OBJECTIONS to Declaration (Motion related), #266 of Raquelle Hunter filed by Plaintiff Robert Briseno. (Duckett, Nicole)
June 30, 2014 Opinion or Order Filing 282 OBJECTIONS to Declaration (Motion related), #267 of Dominique M. Hanssens filed by Plaintiff Robert Briseno. (Duckett, Nicole)
June 30, 2014 Opinion or Order Filing 281 APPLICATION for Order for for Permission to File Portions of the Reply In Support Of Plaintiffs' Motion for Class Certification, Declarations in Support Thereof, and Evidentiary Objections, Under Seal filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration of David Azar, #2 Proposed Order)(Duckett, Nicole)
June 26, 2014 Opinion or Order Filing 280 OPPOSITION to MOTION to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. MOTION to Certify Class #241 #262 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Declaration of Edmund S. Aronowitz in Support of Opposition to Motion to Strike, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Levitt, Adam)
June 12, 2014 Opinion or Order Filing 279 ORDER GRANTING EX PARTE APPLICATION BY DEFENDANT CONAGRA FOODS, INC. FOR AN ORDER ADVANCING THE TIME FOR HEARING ON CONAGRA FOODS, INC.S MOTION TO STRIKE DECLARATIONS OF COLIN B. WEIR AND CHARLES M. BENBROOK, PH.D. by Judge Margaret M. Morrow granting #277 Ex Parte Application: NOTE: CHANGES MADE BY THE COURT. The ex parte Application by Defendant ConAgra Foods, Inc. for an order advancing the time for hearing on ConAgras Motion to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. came before this Court. Upon review of the Application, the supporting Declaration of Laura Coombe and exhibits thereto, and any opposition thereto, the Court orders as follows: the Application is GRANTED. ConAgra's Motion to Strike Declarations of Colin B. Weir and Charles M. Benbrook is set for hearing on July 14, 2014 at 10:00 a.m. Plaintiffs' opposition to the motion to strike is due no later than June 26, 2014, and ConAgra's reply is due no later than July 3, 2014. (bm)
June 10, 2014 Opinion or Order Filing 278 OPPOSITION re: EX PARTE APPLICATION for Order for Advancing the Time for Hearing on ConAgra Foods, Inc.'s Motion to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. #262 and Declaration of Laura Coombe in Support (with Exhibit) #277 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Azar, David)
June 9, 2014 Opinion or Order Filing 277 EX PARTE APPLICATION for Order for Advancing the Time for Hearing on ConAgra Foods, Inc.'s Motion to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. #262 and Declaration of Laura Coombe in Support (with Exhibit) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Coombe, Laura)
June 6, 2014 Opinion or Order Filing 276 ORDER by Judge Margaret M. Morrow: granting #275 Request to Substitute Attorney A. Brooks Gresham as attorney of record instead of Attorney Robert B Hawk for Defendant ConAgra Foods Inc. (lom)
June 4, 2014 Opinion or Order Filing 275 REQUEST to Substitute Request for Withdrawal of Counsel filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
June 3, 2014 Opinion or Order Filing 274 OF SERVICE filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman, re MOTION to Withdraw Individual Claims of Plaintiffs McDonald and Scarpelli MOTION to Dismiss Plaintiff Phyllis Scarpelli, Bonnie McDonald #273 served on 6/3/14. (Levitt, Adam)
June 3, 2014 Opinion or Order Filing 273 NOTICE OF MOTION AND MOTION to Withdraw Individual Claims of Plaintiffs McDonald and Scarpelli ( Motion set for hearing on 8/4/2014 at 10:00 AM before Judge Margaret M. Morrow.), MOTION to Dismiss Plaintiff Phyllis Scarpelli, Bonnie McDonald filed by Plaintiffs Michele Andrade, Christi Toomer, Lil Marie-Birr, Anita Willman, Robert Briseno, Brenda Krein, Phyllis Scarpelli, Julie Palmer, Pauline Michael, Kelly McFadden, Rona Johnston, Erika Heins, Leonora Ulitsky, Patty Boyer, Bonnie McDonald, Jill Crouch, Maureen Towey, Necla Musat, Dee Hopper-Kercheval, Cheri Shafstall, Anne Cowan, Janeth Ruiz, Alexis Justak. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(Levitt, Adam)
June 2, 2014 Opinion or Order Filing 272 PROOF OF SERVICE filed by defendant Conagra Foods, Inc., re APPLICATION for Order for Application to Seal #264 served on 6/2/2014. (Hawk, Robert)
June 2, 2014 Opinion or Order Filing 271 DECLARATION of Marcella Thompson in Opposition MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
June 2, 2014 Opinion or Order Filing 270 DECLARATION of Stacy R. Hovan in Opposition MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 269 DECLARATION of Robert B. Hawk in Opposition APPLICATION for Order for Application to Seal #264 , MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A - C1, #2 Exhibit D - E, #3 Exhibit F - L, #4 Exhibit M-1, #5 Exhibit M-2, #6 Exhibit N-1, #7 Exhibit N-2, #8 Exhibit O - R)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 268 DECLARATION of Keith R. Ugone In Opposition APPLICATION for Order for Application to Seal #264 , MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Exhibit 1-4, #7 Exhibit 5-14)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 267 DECLARATION of Dominique M. Hanssens, PH.D. in Opposition MOTION to Certify Class #241 , APPLICATION for Order for Application to Seal #264 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Appendix A-C, #2 Exhibit 1-3)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 266 DECLARATION of Raquelle Hunter Declaration of Raquelle Hunter in Opposition to Plaintiffs' Motion for Class Certiciation and Appointment of Counsel MOTION to Certify Class #241 , APPLICATION for Order for Application to Seal #264 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
June 2, 2014 Opinion or Order Filing 265 Opposition Defendant Conagra Inc.'s Opposition for Class Certification re: MOTION to Certify Class #241 , APPLICATION for Order for Application to Seal #264 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Appendix, #2 Proposed Order)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 264 APPLICATION for Order for Application to Seal filed by Defendant Conagra Foods, Inc.. Application set for hearing on 7/14/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration of Stacy Hovan in Support of Application to Seal, #2 Exhibit A to Declaration of Stacy Hovan, #3 Proposed Order)(Hawk, Robert)
June 2, 2014 Opinion or Order Filing 263 Notice of Electronic Filing re Renewed APPLICATION for Order for Plaintiffs' Renewed Application to Seal #261 e-mailed to Christopher Marlborough bounced due to invalid/rejected email. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY
June 2, 2014 Opinion or Order Filing 262 NOTICE OF MOTION AND MOTION to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D. MOTION to Certify Class #241 filed by Defendant Conagra Foods, Inc.. Motion set for hearing on 8/4/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order Granting Defendant ConAgra Foods, Inc.'s Motion to Strike Declarations of Colin B. Weir and Charles M. Benbrook, Ph.D.)(Hawk, Robert)
May 30, 2014 Opinion or Order Filing 261 Renewed APPLICATION for Order for Plaintiffs' Renewed Application to Seal filed by Plaintiff Conagra Foods, Inc.. Application set for hearing on 7/14/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Declaration, #4 Proposed Order)(Hawk, Robert)
May 23, 2014 Opinion or Order Filing 260 Notice of Appearance or Withdrawal of Counsel: for attorney Joan S Dinsmore counsel for Defendant Conagra Foods, Inc.. Adding Joan S. Dinsmore as attorney as counsel of record for Conagra Foods, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Conagra Foods, Inc.. (Attorney Joan S Dinsmore added to party Conagra Foods, Inc.(pty:dft))(Dinsmore, Joan)
May 23, 2014 Opinion or Order Filing 259 Notice of Appearance or Withdrawal of Counsel: for attorney Laura E Coombe counsel for Defendant Conagra Foods, Inc.. Adding Laura Coombe as attorney as counsel of record for Conagra Foods, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Conagra Foods, Inc.. (Attorney Laura E Coombe added to party Conagra Foods, Inc.(pty:dft))(Coombe, Laura)
May 23, 2014 Opinion or Order Filing 258 Notice of Appearance or Withdrawal of Counsel: for attorney A Brooks Gresham counsel for Defendant Conagra Foods, Inc.. Adding A. Brooks Gresham as attorney as counsel of record for Conagra Foods, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Conagra Foods, Inc.. (Attorney A Brooks Gresham added to party Conagra Foods, Inc.(pty:dft))(Gresham, A)
May 23, 2014 Opinion or Order Filing 257 MINUTES (IN CHAMBERS) Order Denying Plaintiffs' Application to File Under Seal by Judge Margaret M. Morrow denying #240 Application: Plaintiffs have not met their burden of showing that there are compelling reasons to seal portions of their motion for class certification and thirty supporting exhibits. The court therefore denies the application. Plaintiffs may file a renewed application to seal within seven (7) days of the date of entry of this order, identifying those portions of the documents they seek to have sealed, the confidential information they contain, and the compelling reasons that justify their sealing, including the specific harm that would result from publicly disclosing the allegedly confidential information. Where appropriate, plaintiffs should file proposed redacted versions of the documents for the court's review. Because plaintiffs sought to file the documents under seal because ConAgra had designated them confidential, the court directs ConAgra to cooperate with plaintiffs in preparing any renewed application. If plaintiffs do not file a renewed application to seal the documents, they are directed to file unredacted copies of all documents at issue publicly within ten (10) days of the date of entry of this order. (see document for further details) (bm)
May 23, 2014 Opinion or Order Filing 256 ORDER GRANTING CONAGRA'S EX PARTE APPLICATION TO EXTEND PAGE LIMITS FOR OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND TO CONTINUE BRIEFING SCHEDULE by Judge Margaret M. Morrow granting #254 Ex Parte Application for Leave to File Excess Pages: NOTE: CHANGES MADE BY THE COURT. The Court, having considered Defendant's Ex Parte Application to Extend Page Limits for Opposition to Motion for Class Certification and to Continue Briefing Schedule, ORDERS AS FOLLOWS: The court grants ConAgra an additional 15 pages for its Opposition brief, and grants plaintiffs 15 additional pages for their Reply brief. The court DENIES ConAgra's request to continue the briefing schedule. (bm)
May 19, 2014 Opinion or Order Filing 255 RESPONSE filed by Plaintiff Robert Briseno PLAINTIFFS RESPONSE TO DEFENDANT CONAGRA FOODS, INC.S EX PARTE APPLICATION TO EXTEND PAGE LIMITS FOR OPPOSITION TO MOTION FOR CLASS CERTIFICATION, AND TO CONTINUE BRIEFING SCHEDULE; DECLARATION OF DAVID E. AZAR (Attachments: #1 Proposed Order [PROPOSED] ORDER RE DEFENDANT CONAGRA FOODS, INC.S EX PARTE APPLICATION TO EXTEND PAGE LIMITS FOR OPPOSITION TO MOTION FOR CLASS CERTIFICATION, AND TO CONTINUE BRIEFING SCHEDULE)(Azar, David)
May 16, 2014 Opinion or Order Filing 254 EX PARTE APPLICATION to Exceed Page Limitation for Opposition to Motion for Class Certification and to Continue Briefing Schedule; Declaration of Robert B. Hawk filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Hawk, Robert)
May 15, 2014 Opinion or Order Filing 253 TEXT ONLY ENTRY: Magistrate Judge Alicia G. Rosenberg is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at AGR_Chambers@cacd.uscourts.gov. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY
May 14, 2014 Opinion or Order Filing 252 PLAINTIFFS' COMBINED (I) REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR CLARIFICATION OF MARC 10, 2014 ORDER, AND (II) PROCEDURAL OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION FOR ORDER COMPELLING COMPLIANCE AND IMPOSING SANCTIONS #248 filed by Plaintiffs. (mp)
May 14, 2014 Opinion or Order Filing 251 ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR LEAVE TO FILE REPLY ARGUMENT IN SUPPORT OF THEIR EX PARTE APPLICATION FOR CLARIFICATION OF MARCH 10, 2014 ORDER by Magistrate Judge Alicia G. Rosenberg: granting #250 Ex Parte Application for Leave. The Court, having considered Plaintiffs' (I) Ex Parte Application for Leave to File Reply Argument in Support of Their Ex Parte Application for Clarification of March 10, 2014 Order, and (II) Notice of Opposition to Defendant's Ex Parte Application for Order Compelling Compliance and Imposing Sanctions and good cause appearing therefor, ORDERS AS FOLLOWS: 1. Plaintiffs' Ex Parte Application for Leave to submit a reply argument in support of their pending Ex Parte Application for Clarification of the March 10, 2014 Order (Dkt. No. 248, "Plaintiffs' Ex Parte Application") is GRANTED. (mp)
May 13, 2014 Opinion or Order Filing 250 EX PARTE APPLICATION for Leave to Plaintiffs (I) Ex Parte Application For Leave To File Reply Argument In Support Of Their Ex Parte Application For Clarification Of March 10, 2014 Order, And (II) Notice Of Opposition To Defendants Ex Parte Application For Order Compelling Compliance And Imposing Sanctions filed by plaintiff Robert Briseno. (Attachments: #1 Exhibit A: Combined (I) Reply in Further Support of Ex Parte Application and (II) Procedural Opposition to Defendant's Ex Parte Application, #2 Proposed Order)(Azar, David)
May 12, 2014 Opinion or Order Filing 249 OPPOSITION to EX PARTE APPLICATION to Clarify PLAINTIFFS EX PARTE APPLICATION FOR CLARIFICATION OF MARCH 10, 2014 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO COMPEL PLAINTIFFS PRODUCTION OF DOCUMENTS #248 ; Defendant's Ex Parte Application for Order Compelling Compliance and Imposing Sanctions; Declaration of Robert B. Hawk filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hawk, Robert)
May 9, 2014 Opinion or Order Filing 248 EX PARTE APPLICATION to Clarify PLAINTIFFS EX PARTE APPLICATION FOR CLARIFICATION OF MARCH 10, 2014 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO COMPEL PLAINTIFFS PRODUCTION OF DOCUMENTS filed by Plaintiff Robert Briseno. (Azar, David)
May 5, 2014 Opinion or Order Filing 247 NOTICE of Errata to Application to Seal filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order Amended Proposed Order)(Azar, David)
May 5, 2014 Opinion or Order Filing 246 NOTICE Notice of Errata filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration Declaration of Henry J. Kelston, #2 Exhibit 1 - 12, #3 Exhibit 13, #4 Exhibit 14 - 30)(Azar, David)
May 5, 2014 Opinion or Order Filing 245 PROOF OF SERVICE filed by plaintiff Robert Briseno, re Declaration (Motion related) #244 , APPLICATION for Order for APPLICATION TO SEAL PORTIONS OF (1) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF; DECLARATION OF DAVID E. AZAR #240 , Declaration (Motion related) #243 , MOTION to Certify Class #241 , Declaration (Motion related) #242 (Azar, David)
May 5, 2014 Opinion or Order Filing 244 DECLARATION of Henry J. Kelston in support of MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit 1-12, #2 Exhibit 13, #3 Exhibit 14-30)(Azar, David)
May 5, 2014 Opinion or Order Filing 243 DECLARATION of Colin B. Weir in support of MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (Azar, David)
May 5, 2014 Opinion or Order Filing 242 DECLARATION of Charles M. Benbrook, PH.D. in support of MOTION to Certify Class #241 filed by Plaintiff Robert Briseno. (Azar, David)
May 5, 2014 Opinion or Order Filing 241 NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff Robert Briseno. Motion set for hearing on 7/14/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum, #2 Appendix 1, #3 Appendix 2, #4 Proposed Order)(Azar, David)
May 5, 2014 Opinion or Order Filing 240 APPLICATION for Order for APPLICATION TO SEAL PORTIONS OF (1) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND (2) DECLARATION OF HENRY J. KELSTON IN SUPPORT THEREOF; DECLARATION OF DAVID E. AZAR filed by plaintiff Robert Briseno. (Attachments: #1 Declaration, #2 Proposed Order)(Azar, David)
May 5, 2014 Opinion or Order Filing 239 TEXT ONLY ENTRY (IN CHAMBERS) ORDER DENYING JOINT EX PARTE APPLICATION #236 AS MOOT by Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
May 2, 2014 Opinion or Order Filing 238 ORDER GRANTING PLAINTIFFS' MOTION FOR WITHDRAWAL AND VOLUNTARY DISMISSAL OF INDIVIDUAL CLAIMS #190 by Judge Margaret M. Morrow: See order for details. (ah)
May 2, 2014 Opinion or Order Filing 237 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 1: Proposed Order #236 . (bm)
May 1, 2014 Opinion or Order Filing 236 Joint EX PARTE APPLICATION for Order for GRANTING JOINT EX PARTE APPLICATION TO APPEAR TELEPHONICALLY AT HEARING ON MOTION ALLOWING WITHDRAWAL AND VOLUNTARY DISMISSAL OF INDIVIDUAL CLAIMS OF PATTY BOYER, ANNE COWAN, BRENDA KREIN, JANETH RUIZ, AND CHRISTI TOOMER filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Azar, David)
April 21, 2014 Opinion or Order Filing 235 REPLY in support of MOTION for Order for Allowing Withdrawal and Voluntary Dismissal of Individual Claims of Patty Boyer, Anne Cowan, Brenda Krein, Janeth Ruiz, and Christi Toomer Pursuant to Fed. R. Civ. P. 21 Or 41(a)(2) #190 filed by Plaintiff Robert Briseno. (Azar, David)
April 14, 2014 Opinion or Order Filing 234 NOTICE OF NON-OPPOSITION to MOTION for Order for Allowing Withdrawal and Voluntary Dismissal of Individual Claims of Patty Boyer, Anne Cowan, Brenda Krein, Janeth Ruiz, and Christi Toomer Pursuant to Fed. R. Civ. P. 21 Or 41(a)(2) #190 Conditional Non-Opposition filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order, #2 Declaration, #3 Exhibit A, #4 Exhibit B)(Hawk, Robert)
April 3, 2014 Opinion or Order Filing 233 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/28/14 8:53 a.m. re Transcript #232 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
April 3, 2014 Opinion or Order Filing 232 TRANSCRIPT for proceedings held on 3/28/14 8:53 a.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/24/2014. Redacted Transcript Deadline set for 5/4/2014. Release of Transcript Restriction set for 7/2/2014. (ha)
March 31, 2014 Opinion or Order Filing 231 ORDER GRANTING EX PARTE TO EXTEND PAGE LIMITS #223 by Judge Margaret M. Morrow: Plaintiffs' Opening Memorandum of Law in Support of Class Certification may be up to 35 pages. (ah)
March 28, 2014 Opinion or Order Filing 230 MINUTES (IN CHAMBERS): ORDER Granting Plaintiffs' Ex Parte Application to Modify Scheduling Order #220 #195 #222 by Judge Margaret M. Morrow: The court therefore extends the deadline for the filing of a class certification motion to May 5, 2014. ConAgra's opposition to the motion must be filed on or before June 2, 2014. Any reply by plaintiffs must be filed on or before June 30, 2014. The court will hear the motion on July 14, 2014 at 10:00 a.m. SEE ORDER FOR FURTHER DETAILS. (ah)
March 28, 2014 Opinion or Order Filing 229 TRANSCRIPT ORDER re: Ex Parte Application for Order #225 , as to Plaintiff Robert Briseno Court Smart (CS). Court will contact Dana Powers at dpowers@milberg.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: Plaintiffs' Ex Parte Application for Order Compelling Defendant's Compliance with March 10 Order. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Azar, David)
March 28, 2014 Opinion or Order Filing 228 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting in part and denying in part #224 Ex Parte Application for Order. TELEPHONIC HEARING RE PLAINTIFFS' EX PARTE APPLICATION FOR ORDER COMPELLING DEFENDANT'S COMPLIANCE WITH THE COURT'S MARCH 10, 2014 ORDER. For the reasons stated on the record, and after reviewing all filed documents and hearing arguments of counsel, Plaintiffs' ex parte application (Dkt. No. 225) is GRANTED IN PART as follows: 1. On or before March 31, 2014. ConAgra shall run an electronic search of the consumer insights library with the terms in paragraph 1 of this court's March 10, 2014 order except for the word natural. Defense counsel shall advise Plaintiffs' counsel whether this search turns up documents other than what is being produced on March 31, 2014. If there are additional documents, they shall be produced on or before April 4. 2014. 2. Within 14 days of the date of this order, counsel shall meet and confer regarding ConAgra's review of a random sample of hits from the electronic search term "natural" in the consumer insights library. 3. In all other respects, Plaintiffs' ex parte application is denied. (mp)
March 27, 2014 Opinion or Order Filing 227 Opposition re: Corrected EX PARTE APPLICATION for Order for Compelling Defendant's Compliance With The Court's March 10, 2014 Order #225 ; Declaration of Stacy Hovan filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
March 27, 2014 Opinion or Order Filing 226 TEXT ONLY SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: Corrected EX PARTE APPLICATION for Order for Compelling Defendant's Compliance With The Court's March 10, 2014 Order #225 . Telephone Hearing is set for 3/28/2014 09:00 AM before Magistrate Judge Alicia G. Rosenberg. The call in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 7002#; User Password: 3742#. If counsel have any problems connecting to this call, please contact the Space & Facilities Help Desk at (213) 894-1400.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY
March 26, 2014 Opinion or Order Filing 225 Corrected EX PARTE APPLICATION for Order for Compelling Defendant's Compliance With The Court's March 10, 2014 Order filed by Plaintiff Robert Briseno.(Azar, David)
March 26, 2014 Opinion or Order Filing 224 EX PARTE APPLICATION for Order for Compelling Defendant's Compliance With The March 10, 2014 Order filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order, #2 Declaration of Henry J. Kelston, #3 Exhibit A, #4 Exhibit B)(Azar, David)
March 24, 2014 Opinion or Order Filing 223 EX PARTE APPLICATION to Exceed Page Limitation of opening memorandum of law in support of class certification filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Azar, David)
March 18, 2014 Opinion or Order Filing 222 EX PARTE APPLICATION for Leave to To File Reply In Support of Ex Parte Application To Modify Scheduling Order Or, In the Alternative, For Expedited Scheduling Conference filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Proposed Order, #2 Exhibit Plaintiffs' Reply In Support of Their Ex Parte Application to Modify Scheduling Order Or, In the Alternative, For Expedited Scheduling Conference)(Levitt, Adam)
March 17, 2014 Opinion or Order Filing 221 MEMORANDUM in Opposition to EX PARTE APPLICATION to Reschedule Class Certification Deadlines set in Scheduling Order (Dkt No. 183) EXPARTE APPLICATION for Extension of Time to File Motion for Class Certification, Reply #220 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Declaration Robert B. Hawk, #2 Declaration Stacy Hovan, #3 Proposed Order)(Hawk, Robert)
March 16, 2014 Opinion or Order Filing 220 EX PARTE APPLICATION to Reschedule Class Certification Deadlines set in Scheduling Order (Dkt No. 183), EXPARTE APPLICATION for Extension of Time to File Motion for Class Certification, Reply filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Proposed Order)(Levitt, Adam)
March 13, 2014 Opinion or Order Filing 219 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/10/14 1:58 p.m. & 3:18 p.m re Transcript #218 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
March 13, 2014 Opinion or Order Filing 218 TRANSCRIPT for proceedings held on 3/10/14 1:58 p.m. & 3:18 p.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/3/2014. Redacted Transcript Deadline set for 4/13/2014. Release of Transcript Restriction set for 6/11/2014. (ha)
March 12, 2014 Opinion or Order Filing 217 SEALED DOCUMENT- DECLARATION of Henry J. Kelston in Support of Plaintiffs' Motion to Compel Document Production from Defendant Conagra Foods, Inc. (mat)
March 12, 2014 Opinion or Order Filing 216 SEALED DOCUMENT- Declaration of Chad Meyer in Support of Defendant Conagra Foods, Inc.'s Portions of Joint Stipulation. (mat)
March 12, 2014 Opinion or Order Filing 212 ORDER GRANTING APPLICATION TO SEAL PORTIONS OF JOINT STIPULATION ON PLAINTIFFS'MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. by Magistrate Judge Alicia G. Rosenberg: granting #207 Application for Order. Defendant ConAgra Foods, Inc. (ConAgra) applied to the Court for an order sealing documents disclosing ConAgra's confidential internal information. The Court finds that good cause exists to seal the confidential portions of the following documents: 1. Exhibits H, L, and O to the Declaration of Henry J. Kelston in Support of Plaintiffs' Motion to Compel Document Production from Defendant ConAgra Foods, Inc. ("Kelston Declaration") (Dkt. No. 203-1) 2. Declaration of Chad Meyer in Support of Defendant ConAgra Foods, Inc.'s Portions of Joint Stipulation ("Meyer Declaration") (Dkt. No. 203-2) 3. Joint Stipulation on Plaintiffs' Motion to Compel Document Production From Defendant ConAgra Foods, Inc. ("Joint Stipulation") (Dkt. No. 203) Accordingly, IT IS HEREBY ORDERED that the unredacted versions of the above-listed documents be sealed. IT IS SO ORDERED. (mp)
March 11, 2014 Opinion or Order Filing 210 TRANSCRIPT ORDER as to Defendant Conagra Foods, Inc. Court Smart (CS). Court will contact Michael Ewers at michael.ewers@hoganlovells.com with any questions regarding this order. Transcript portion requested: Testimony of: Hearing re Motions to Compel. Pre-Trial Proceeding: March 10, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Hawk, Robert)
March 10, 2014 Opinion or Order Filing 215 SEALED DOCUMENT- DECLARATION of Henry J. Kelston in Support of Plaintiffs' Motion to Compel Document Production from Defendant ConAgra Foods, Inc.. (mat)
March 10, 2014 Opinion or Order Filing 214 SEALED DOCUMENT- DECLARATION of Chad Meyer in Support of Defendant Conagra Foods, Inc.'s Potions of Joint Stipulation. (mat)
March 10, 2014 Opinion or Order Filing 213 SEALED DOCUMENT- JOINT STIPULATION of Plaintiffs' Motion to Compel Document Production from Defendant ConAgra Foods, Inc. (mat)
March 10, 2014 Opinion or Order Filing 211 ORDER RE: APPLICATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 by Magistrate Judge Alicia G. Rosenberg: granting #201 Application for Order. Pursuant to Local Rule 79-5 of the United States District Court for the Central District of California, the Court hereby grants Plaintiffs' application to file the following documents under seal: (See Order for details.) (mp)
March 10, 2014 Opinion or Order Filing 209 MINUTES OF granting in part and denying in part #196 Motion to Compel; Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. DEFENDANT'S MOTION TO COMPEL. On March 7 and 8, 2014, Defendant filed a motion to compel the production of documents responsive to Document Request Nos. 1-7. (Dkt. Nos. 196-99, 204-05.) IT IS HEREBY ORDERED that Defendant's motion to compel is GRANTED IN PART as follows: 1. On or before March 31, 2014, Plaintiffs shall produce documents responsive to Document Request Nos. 1-2. With respect to Document Request No. 3, Plaintiffs stipulated at oral argument that they have consumed, and are continuing to consume, GMO-containing foods. 2. In all other respects, Defendant's motion to compel is denied without prejudice. (See Order for Details.) Court Recorder: CS 3/10/2014. (mp)
March 10, 2014 Opinion or Order Filing 208 MINUTES OF granting in part and denying in part #202 Motion to Compel; Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFF'S MOTION TO COMPEL. On March 7, 2014, Plaintiffs filed a motion to compel production of documents in response to Document Request Nos. 1-3 and 5-14. (Dkt. Nos. 201-03.) IT IS HEREBY ORDERED that Plaintiffs' motion to compel is GRANTED IN PART as follows. On or before March 31, 2014, Defendant shall: 1. Run an electronic search of the consumer insights library with the search terms natural, GMO, GMOs, genetic, genetics, genetically, bioengineer, bioengineered, bioengineering, biotech, biotechnology and/or biotechnologies. Produce the responsive studies and disclose, for all studies produced in response to Document Request No. 7, the entity that conducted each study. 2. Respond to Plaintiffs' request that ConAgra stipulate that the ingredients in Wesson Oils are not identity preserved and are not organic. 3. Produce purchase records sufficient to show the ingredients of Wesson Oils and the identity of the suppliers of those ingredients during the class period. 4. Respond to Plaintiffs' request that ConAgra stipulate that the IRI and Neilsen retail data is the only retail data that will be used in the class certification motion. If ConAgra does not so stipulate, confirm that ConAgra does not have in its possession, custody or control the retail information requested in revised Document Request No. 10 (pages 86-87 in the Joint Stipulation) other than information from IRI or Neilsen, or else produce the responsive information. 5. Request IRI's and Neilsen's consent that ConAgra run report(s) containing the retail information requested in Revised Document Request No. 10 (to the extent it exists), and produce those reports to Plaintiffs. 6. In all other respects, the motion is denied without prejudice. (See Order for details.) Court Recorder: CS 3/10/2014. (mp)
March 10, 2014 Opinion or Order Filing 207 APPLICATION for Order for TO SEAL PORTIONS OF JOINT STIPULATION ON PLAINTIFFS MOTION TO COMPEL DOCUMENT PRODUCTION FROM DEFENDANT CONAGRA FOODS, INC. filed by Defendant Conagra Foods, Inc.. Application set for hearing on 3/10/2014 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Hawk, Robert)
March 10, 2014 Opinion or Order Filing 206 TRANSCRIPT ORDER re: Motion to Compel, #202 , as to Plaintiff Robert Briseno Court Reporter. Court will contact David Azar at dazar@milberg.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 03/10/2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Azar, David)
March 8, 2014 Opinion or Order Filing 205 JOINT STIPULATION to MOTION to Compel Plaintiffs' Document Production #196 Corrected filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
March 8, 2014 Opinion or Order Filing 204 NOTICE OF ERRATA filed by Defendant Conagra Foods, Inc.. correcting Joint Stipulation re Discovery Motion #197 (Hawk, Robert)
March 7, 2014 Opinion or Order Filing 203 JOINT STIPULATION to MOTION to Compel Document Production from Defendant ConAgra Foods, Inc. #202 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration of Henry Kelston, #2 Declaration of Chad Meyer, #3 Declaration of Robert Hawk, #4 Declaration of Stacey Hovan, #5 Proof of Service)(Duckett, Nicole)
March 7, 2014 Opinion or Order Filing 202 NOTICE OF MOTION AND MOTION to Compel Document Production from Defendant ConAgra Foods, Inc. filed by Plaintiff Robert Briseno. Motion set for hearing on 3/10/2014 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Duckett, Nicole)
March 7, 2014 Opinion or Order Filing 201 APPLICATION for Order for re Application To File Documents Under Seal Pursuant To Local Rule 79-5 filed by Plaintiff Robert Briseno. Application set for hearing on 3/10/2014 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Duckett, Nicole)
March 7, 2014 Opinion or Order Filing 200 Opposition in opposition re: EX PARTE APPLICATION for Order for PLAINTIFFS EX PARTE APPLICATION TO SET BRIEFING SCHEDULE FOR PLAINTIFFS EX PARTE APPLICATION TO MODIFY THE CLASS CERTIFICATION SCHEDULE PURSUANT TO RULE 16 #195 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
March 7, 2014 Opinion or Order Filing 199 DECLARATION of Henry Kelston in support of MOTION to Compel Plaintiffs' Document Production #196 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A-L)(Hawk, Robert)
March 7, 2014 Opinion or Order Filing 198 DECLARATION of Benjamin T. Diggs in support of MOTION to Compel Plaintiffs' Document Production #196 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A-S)(Hawk, Robert)
March 7, 2014 Opinion or Order Filing 197 JOINT STIPULATION to MOTION to Compel Plaintiffs' Document Production #196 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
March 7, 2014 Opinion or Order Filing 196 NOTICE OF MOTION AND MOTION to Compel Plaintiffs' Document Production filed by Defendant Conagra Foods, Inc.. Motion set for hearing on 3/10/2014 at 02:00 PM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Proposed Order)(Hawk, Robert)
March 6, 2014 Opinion or Order Filing 195 EX PARTE APPLICATION for Order for PLAINTIFFS EX PARTE APPLICATION TO SET BRIEFING SCHEDULE FOR PLAINTIFFS EX PARTE APPLICATION TO MODIFY THE CLASS CERTIFICATION SCHEDULE PURSUANT TO RULE 16 filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO SET BRIEFING SCHEDULE FOR PLAINTIFFS' EX PARTE APPLICATION TO MODIFY THE CLASS CERTIFICATION SCHEDULE PURSUANT TO RULE 16)(Azar, David)
February 28, 2014 Opinion or Order Filing 194 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Margaret M. Morrow: granting #193 Plaintiff Robert Briseno's Request to Substitute Attorney, Nicole Duckett Fricke as attorney of record instead of attorney Jeff S. Westerman, who is hereby withdrawn. Attorney Jeff S Westerman terminated. (lw)
February 27, 2014 Opinion or Order Filing 193 REQUEST to Substitute /Withdraw Jeff Westerman filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Westerman, Jeff)
February 20, 2014 Opinion or Order Filing 192 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg:, Status Conference held before Magistrate Judge Alicia G. Rosenberg. Case is called. Counsel state their appearances. The Court and counsel confer as reflected on the record. The Court sets the following schedule: 1. If any party files a motion to compel, joint stipulation shall be filed on or before Friday,March 7, 2014. 2. The Motions shall be noticed for March 10, 2014 at 2:00 p.m. The call in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 7002#; User Password: 3340#. If counsel have any problems connecting to this call, please contact the Space & Facilities Help Desk at (213)894-1400. 0:30InitiaCourt Recorder: CS 2/20/2014. (mp)
February 20, 2014 Opinion or Order Filing 191 MEMORANDUM in Support of MOTION for Order for Allowing Withdrawal and Voluntary Dismissal of Individual Claims of Patty Boyer, Anne Cowan, Brenda Krein, Janeth Ruiz, and Christi Toomer Pursuant to Fed. R. Civ. P. 21 Or 41(a)(2) #190 CORRECTED filed by Plaintiff Robert Briseno. (Azar, David)
February 20, 2014 Opinion or Order Filing 190 NOTICE OF MOTION AND MOTION for Order for Allowing Withdrawal and Voluntary Dismissal of Individual Claims of Patty Boyer, Anne Cowan, Brenda Krein, Janeth Ruiz, and Christi Toomer Pursuant to Fed. R. Civ. P. 21 Or 41(a)(2) filed by plaintiff Robert Briseno. Motion set for hearing on 5/5/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Azar, David)
February 19, 2014 Opinion or Order Filing 189 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting #185 Motion for Order. PLAINTIFF'S REQUEST FOR EXPEDITED STATUS CONFERENCE. On February 14, 2014, Plaintiff requested an expedited status conference to discuss "the current status of the case and possible adjustments to the case schedule set on February 13, 2014." As defendant points out, this court cannot alter Judge Morrow's schedule. Any request to change the schedule must be directed to the District Judge. On the other hand, Plaintiff's reply indicates that there are discovery matters at issue as well. Accordingly, IT IS HEREBY ORDERED that Plaintiff's request is GRANTED. A telephonic discovery status conference is set for Thursday, February 20, 2014, at 11:00 a.m. The call in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1116#; User Password: 1672#. If counsel have any problems connecting to this call, please contact the Space & Facilities Help Desk at (213) 894-1400. (mp)
February 18, 2014 Opinion or Order Filing 188 RESPONSE IN SUPPORT Plaintiffs' Request for Expedited Status Conference to Update Court as to Case Status and Address Schedule Set on February 13, 2014 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Levitt, Adam)
February 18, 2014 Opinion or Order Filing 187 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing,, #183 (Attachments: #1 Exhibit A, #2 Proposed Order)(Duckett, Nicole)
February 18, 2014 Opinion or Order Filing 186 OPPOSITION to Plaintiffs' Request for Expedited Status Conference to Update Court as to Case Status and Address Schedule Set on February 13, 2014 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
February 14, 2014 Opinion or Order Filing 185 Plaintiffs' Request for Expedited Status Conference To Update Court As To Case Status And Address Schedule Set On February 13, 2014 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Hearing,, #183 (Duckett, Nicole) Modified on 2/19/2014 (mp).
February 14, 2014 Opinion or Order Filing 184 ORDER/REFERRAL to ADR Procedure No 3 by Judge Margaret M. Morrow. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 1/10/2015. (ah)
February 13, 2014 Opinion or Order Filing 183 IN CHAMBERS Order Re Class Certification Motion and Remaining Case ManagementDates #149 by Judge Margaret M. Morrow: Final Pretrial Conference set for 2/23/2015 09:00 AM before Judge Margaret M. Morrow. Jury Trial set for 3/24/2015 08:30 AM before Judge Margaret M. Morrow. Telephone Conference set for 9/25/2014 05:15 PM. SEE ORDER FOR DETAILS. (ah)
January 3, 2014 Opinion or Order Filing 182 Notice of Appearance or Withdrawal of Counsel: for attorney Robert B Hawk counsel for Defendant Conagra Foods, Inc.. Robin Wechkin is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ConAgra Foods, Inc.. (Hawk, Robert)
January 3, 2014 Opinion or Order Filing 181 TEXT ONLY ENTRY STRIKING NOTICE OF WITHDRAWAL by Judge Margaret M. Morrow re: Notice (Other) #180 . Incorrect form and event used. Counsel may use form G-06. The correct event is: Civil Events Other Filings - Notices - Notice of Change of Attorney Business or Contact Information (G-06). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
January 2, 2014 Opinion or Order Filing 180 [STRICKEN] NOTICE OF WTHDRAWAL OF ROBIN WECHKIN filed by Defendant Conagra Foods, Inc.. (Hawk, Robert) Modified on 1/3/2014 (ah).
December 13, 2013 Opinion or Order Filing 179 NOTICE of Change of address by Robert B Hawk attorney for Defendant Conagra Foods, Inc.. Changing attorneys address to 4085 Campbell Avenue, Suite 100, Menlo Park, CA 94025. Filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
December 3, 2013 Opinion or Order Filing 178 ORDER MODIFYING ORDER APPOINTING INTERIM LEAD COUNSEL by Judge Margaret M. Morrow granting #174 Motion: Plaintiffs moved for an order, pursuant to Fed. R. Civ. P. 23(d)(2) and (g)(1)(A), modifying the November 1, 2011 Order Appointing Interim Lead Counsel (Dkt. No. 48) to substitute Grant and Eisenhofer P.A. ("Grant and Eisenhofer") for Wolf Haldenstein Adler Freeman & Herz LLC ("Wolf Haldenstein") as Interim Class Counsel, to serve together with Milberg LLP as Interim Class Counsel in this litigation. Because such modification is in the interests of justice, and for the reasons as further set forth in Plaintiffs' Memorandum of Points and Authorities in Support, the Court hereby ORDERS that: 1. The November 1, 2011 Order Appointing Interim Lead Counsel (Dkt. No. 48) is hereby modified to substitute Grant & Eisenhofer P.A. for Wolf Haldenstein Adler Freeman and Herz LLC. 2. Milberg LLP and Grant and Eisenhofer P.A. are appointed Interim Class Counsel. (bm)
October 7, 2013 Opinion or Order Filing 177 NOTICE OF NON-OPPOSITION to MOTION for Order for Modify Order Appointing Interim Lead Counsel #174 filed by Miscellaneous Wolf Haldenstein Adler Freeman & Herz LLP. (Rickert, Rachele)
September 26, 2013 Opinion or Order Filing 176 NOTICE TEXT ENTRY CONTINUING HEARING ON MOTION TO MODIFY ORDER APPOINTING INTERIM LEAD COUNSEL by Judge Margaret M. Morrow re: MOTION for Order for Modify Order Appointing Interim Lead Counsel #174 previously scheduled for 12/23/2013 AT 10:00 am has been rescheduled. Motion set for hearing on 1/6/2014 at 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lw) TEXT ONLY ENTRY
September 24, 2013 Opinion or Order Filing 175 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Modify Order Appointing Interim Lead Counsel #174 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below. Other error(s) with document(s): Motion is noticed for a date that is closed on the court's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 20, 2013 Opinion or Order Filing 174 NOTICE OF MOTION AND MOTION for Order for Modify Order Appointing Interim Lead Counsel filed by plaintiff Robert Briseno. Motion set for hearing on 12/23/2013 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Azar, David)
August 12, 2013 Opinion or Order Filing 173 MINUTES (IN CHAMBERS): ORDER by Judge Margaret M. Morrow: denying #171 Defendant's Ex Parte Application for an Order Staying Action Pending Outcome of Referral to Food and Drug Administration. (rne)
August 7, 2013 Opinion or Order Filing 172 MEMORANDUM in Opposition to EX PARTE APPLICATION to Stay Case pending OUTCOME OF REFERRAL TO FOOD AND DRUG ADMINISTRATION #171 (Plaintiffs' Opposition to Ex Parte Application for Order Staying Proceedings Pending Outcome of Referral to FDA) filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Alexis Justak, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Leonora Ulitsky, Anita Willman. (Attachments: #1 Declaration of Henry J, Kelston)(Azar, David)
August 6, 2013 Opinion or Order Filing 171 EX PARTE APPLICATION to Stay Case pending OUTCOME OF REFERRAL TO FOOD AND DRUG ADMINISTRATION filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
July 17, 2013 Opinion or Order Filing 170 Notice of Appearance or Withdrawal of Counsel: for attorney Julie Diane Miller counsel for Plaintiff Brenda Krein. Julie D. Miller is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Brenda Krein. (Miller, Julie)
July 17, 2013 Opinion or Order Filing 169 TEXT ONLY ENTRY STRIKING MOTION TO WITHDRAW #168 by Judge Margaret M. Morrow. Counsel is direced to file Form G-123 ("Notice of Appearance or WITHDRAWAL of Counsel"). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY
July 12, 2013 Opinion or Order Filing 168 APPLICATION of Julie D. Miller to Withdraw as Attorney filed by Plaintiff Brenda Krein. (Attachments: #1 Proposed Order)(Miller, Julie)
July 10, 2013 Opinion or Order Filing 167 TEXT ONLY ENTRY STRIKING SUBSTITUTION OF ATTYORNEY #166 by Judge Margaret M. Morrow. Incorrect event used. Correct event is -Motions and Related Filings- Applications- Substitution of Attorney. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY
July 9, 2013 Opinion or Order Filing 166 [STRICKEN] NOTICE OF MOTION AND MOTION of Julie D. Miller to Withdraw as Attorney filed by plaintiff Brenda Krein. (Attachments: #1 Proposed Order)(Miller, Julie) Modified on 7/10/2013 (ah).
July 5, 2013 Opinion or Order Filing 165 TEXT ENTRY ONLY: Judge Margaret M. Morrow is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at MMM_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY
June 25, 2013 Opinion or Order Filing 164 NOTICE OF CLERICAL ERROR Re: Protective Order #163 . Due to clerical error incorrect document is attached to the docket entry. The incorrect document is replaced with the correct document entitled Stipulated Protective Order. (mp)
June 25, 2013 Opinion or Order Filing 163 PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Order on Motion for Order re Discovery Matter #162 . IT IS STIPULATED, AGREED, AND JOINTLY REQUESTED by Plaintiffs ("Plaintiffs") and Defendant ConAgra Foods, Inc. ("Defendant")(Collectively, the "Parties"), by and through their respective counsel, that a protective order should be entered according to the following terms and provisions ("Protective Order") pursuant to Federal Rule of Civil Procedure 26(c): (SEE ORDER FOR DETAILS.) ***** NOTE CHANGES MADE BY THE COURT ***** (mp) (Main Document 163 replaced on 6/25/2013) (mp).
June 25, 2013 Opinion or Order Filing 162 MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting in part and denying in part #159 Motion for Order. PLAINTIFF'S MOTION FOR RESOLUTION OF OPEN ISSUES ON PROPOSED PROTECTIVE ORDER. For the reasons stated on the record, IT IS HEREBY ORDERED that Plaintiff's motion for entry of a protective order is GRANTED IN PART AND DENIED IN PART. The court has revised the proposed protective order submitted by the parties and ORDERS the entry of that protective order. (mp)
June 20, 2013 Opinion or Order Filing 161 SCHEDULING NOTICE by Magistrate Judge Alicia G. Rosenberg re: MOTION for Order for Resolution of Limited Open Issues on [Proposed] Confidentiality Protective Order #159 . The motion previously scheduled for July 16, 2013 at 10:00 a.m. is advanced to Tuesday, June 25, 2013 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. Counsel are ordered to appear telephonically on this date and time. The call-in information is as follows: Call-in Number: (213) 894-0800; Meeting ID: 1112#; User Password: 6206#. If counsel have any problems connecting to this call, please contact the Space and Facilities Help Desk at (213) 894-1400.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mp) TEXT ONLY ENTRY
June 14, 2013 Opinion or Order Filing 160 OF SERVICE filed by Plaintiff Robert Briseno, re MOTION for Order for Resolution of Limited Open Issues on [Proposed] Confidentiality Protective Order #159 served on 06/14/2013. (Westerman, Jeff)
June 14, 2013 Opinion or Order Filing 159 NOTICE OF MOTION AND MOTION for Order for Resolution of Limited Open Issues on [Proposed] Confidentiality Protective Order filed by Plaintiff Robert Briseno. Motion set for hearing on 7/16/2013 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: #1 Joint Statement of Plaintiffs' Motion)(Westerman, Jeff)
March 18, 2013 Opinion or Order Filing 158 NOTICE of Appearance filed by attorney Robert B Hawk on behalf of Defendant Conagra Foods, Inc. (Hawk, Robert)
February 25, 2013 Opinion or Order Filing 157 NOTICE of Association of Counsel associating attorney Jeff S. Westerman on behalf of Plaintiff Robert Briseno. Filed by Plaintiff Robert Briseno (Azar, David)
February 25, 2013 Opinion or Order Filing 156 NOTICE of Change of Attorney Information for attorney Jeff S Westerman counsel for Plaintiff Robert Briseno. Changing firm name and address to Westerman Law Corp., 1925 Century Park East, Suite 2100, Los Angeles, CA 90067. Changing e-mail and fax number to jwesterman@jswlegal.com and (310) 201-9160. Adding Jeff S. Westerman as attorney as counsel of record for plaintiffs for the reason indicated in the G-06 Notice. Filed by plaintiff Robert Briseno (Westerman, Jeff)
February 25, 2013 Opinion or Order Filing 155 NOTICE of Change of Attorney Information for attorney Nicole M Duckett counsel for Plaintiff Robert Briseno. Adding Nicole M. Duckett as attorney as counsel of record for plaintiffs for the reason indicated in the G-06 Notice. Filed by plaintiff Robert Briseno (Duckett, Nicole)
February 25, 2013 Opinion or Order Filing 154 NOTICE OF WITHDRAWAL OF CERTAIN COUNSEL - CHRISTIAN KEENEY filed by plaintiff Robert Briseno. (Azar, David)
February 19, 2013 Opinion or Order Filing 153 ORDER by Judge Margaret M. Morrow: granting #151 Application to Appear Pro Hac Vice by Attorney Henry J. Kelston on behalf of Plaintiff Robert Briseno, designating David E. Azar as local counsel. (lt)
February 19, 2013 Opinion or Order Filing 152 ORDER by Judge Margaret M. Morrow: granting #150 Application to Appear Pro Hac Vice by Attorney Ariana J. Tadler on behalf of Plaintiff Robert Briseno, designating David E. Azar as local counsel. (lt)
February 15, 2013 Opinion or Order Filing 151 APPLICATION for attorney Henry J. Kelston to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11674143 paid.) filed by plaintiff Robert Briseno. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Azar, David)
February 15, 2013 Opinion or Order Filing 150 APPLICATION for attorney Ariana J. Tadler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11674062 paid.) filed by plaintiff Robert Briseno. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Azar, David)
February 11, 2013 Opinion or Order Filing 149 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial TBD, filed by Plaintiff Robert Briseno.. (Azar, David)
February 7, 2013 Opinion or Order Filing 148 NOTICE of Change of address by Adam J Levitt attorney for Plaintiffs Patty Boyer, Christi Toomer, Anita Willman. Changing attorneys address to 30 North LaSalle Street, Suite 1200 Chicago Illinois, 60602. Filed by Plaintiffs Patty Boyer, Christi Toomer, Anita Willman. (Levitt, Adam)
January 30, 2013 Opinion or Order Filing 147 NOTICE of Change of Attorney Information for attorney Adam J Levitt counsel for Plaintiffs Patty Boyer, Christi Toomer, Anita Willman. Changing Firm and Address to Grant & Eisenhofer P.A. 826 West Oakdale Avenue Chicago Illinois 60657. Changing email to alevitt@gelaw.com. Adding Adam J. Levitt as attorney as counsel of record for Christi Toomer, Anita Willman and Patty Boyer for the reason indicated in the G-06 Notice. Filed by Plaintiff Christi Toomer, Anita Willman and Patty Boyer (Levitt, Adam)
January 17, 2013 Opinion or Order Filing 146 IN CHAMBERS ORDER DIRECTING PARTIES TO FILE UPDATED JOINT 26(f) REPORT by Judge Margaret M. Morrow: Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure in a timely fashion and to file an updated Joint Rule 26(f) Report on or before 02/11/2013. (ah)
January 16, 2013 Opinion or Order Filing 145 ANSWER to Amended Complaint #143 JURY DEMAND. filed by Defendant Conagra Foods, Inc..(Hawk, Robert)
January 7, 2013 Opinion or Order Filing 144 NOTICE of Change of Attorney Information for attorney David E Azar counsel for Plaintiff Robert Briseno.Christian Keeney is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Robert Briseno (Azar, David)
December 19, 2012 Opinion or Order Filing 143 SECOND CONSOLIDATED CLASS ACTION COMPLAINT against defendants Conagra Foods, Inc. amending CONSOLIDATED AMENDED CLASS ACTION COMPLAINT, #80 . (bm) (bm).
December 5, 2012 Opinion or Order Filing 142 Mail Returned addressed to Michael Robert Reese, Not Deliverable as Addressed, Unable to Forward, re Minutes of In Chambers Order/Directive #137 . (bm)
November 30, 2012 Opinion or Order Filing 141 ORDER GRANTING STIPULATION #140 by Judge Margaret M. Morrow. Plaintiff's have until 12/19/2012 to file a Second Amended Consolidated Complaint. Defendant shall answer or respond by 1/16/2013. (vdr)
November 29, 2012 Opinion or Order Filing 140 STIPULATION for Extension of Time to File Second Amended Complaint filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
November 28, 2012 Opinion or Order Filing 139 Mail Returned addressed to Michael Robert Reese, Return to Sender, Not Deliverable as Addressed, re Order on Motion to Dismiss Case #138 . (bm)
November 15, 2012 Opinion or Order Filing 138 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION #84 TO DISMISS by Judge Margaret M. Morrow. Plaintiffs may file an amended complaint within twenty (20) days of the entry of this order. (vdr)
November 8, 2012 Opinion or Order Filing 137 IN CHAMBERS COURT ORDER CONSOLIDATING CASES by Judge Margaret M. Morrow: The court orders CV 11-08421 consolidated with the above cases under the following caption: In re ConAgra Foods, Inc. CASE No. CV 11-05379-MMM(AGRx). See order. (ah)
October 25, 2012 Opinion or Order Filing 136 Mail Returned addressed to Michael Robert Reese - RETURNED TO SENDER re Notice of Deficiency in Electronically Filed Documents (G-112), #134 (lw)
October 10, 2012 Opinion or Order Filing 135 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER CHANGE OF ATTORNEY INFORMATION #131 by Judge Margaret M. Morrow. See deficiency notice issued on 10/09/2012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY
October 9, 2012 Opinion or Order Filing 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) #131 . The following error(s) was found: Form G-06 is filled-out per attorney, please do not combine another attorney's information. A separate Form G-06 should be filled-out for attorney Eric Freed. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom)
October 8, 2012 Opinion or Order Filing 131 [STRICKEN] NOTICE of Change of Attorney Information for attorney Julie Diane Miller counsel for Plaintiff Brenda Krein. Changing address and firm name to Complex Litigation Group LLC 513 Central Avenue, Suite 300, Highland Park IL 60035. Changing fax number to 847-433-2500. Adding Julie Diane Miller as attorney as counsel of record for Plaintiff Brenda Krein for the reason indicated in the G-06 Notice. Filed by plaintiff Brenda Krein (Miller, Julie) Modified on 10/10/2012 (ah).
October 3, 2012 Opinion or Order Filing 133 Mail Returned addressed to Michael Robert Reese re Minutes of In Chambers Order/Directive - no proceeding held #109 . (csi)
October 3, 2012 Opinion or Order Filing 132 Mail Returned addressed to Michael Robert Reese re Order #108 . (csi)
August 15, 2012 Opinion or Order Filing 130 Mail Returned addressed to Michael Robert Reese re Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 (bp)
August 14, 2012 Opinion or Order Filing 129 Mail Returned addressed to Erid D. Freed re Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 (bp)
August 14, 2012 Opinion or Order Filing 128 Mail Returned addressed to Julie Diane Miller re Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 (bp)
August 14, 2012 Opinion or Order Filing 127 Mail Returned addressed to Eric D. Freed re Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 (bp)
August 14, 2012 Opinion or Order Filing 126 Mail Returned addressed to Julie Diane Miller re Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 (bp)
August 9, 2012 Opinion or Order Filing 125 Mail Returned addressed to MICHAEL ROBERT REESE re Order on Motion for Protective Order Motion Hearing #110 . (rne)
August 7, 2012 Opinion or Order Filing 124 Mail Returned addressed to JULIE DIANE MILLER re Minutes of In Chambers Order/Directive - no proceeding held #109 . (rne)
August 7, 2012 Opinion or Order Filing 123 Mail Returned addressed to Julie Diane Miller re Order,, #108 (bp)
August 7, 2012 Opinion or Order Filing 122 Mail Returned addressed to Eric D. Freed re Minutes of In Chambers Order/Directive - no proceeding held,, #109 (bp)
August 7, 2012 Opinion or Order Filing 121 Mail Returned addressed to Eric D. Freed re Order,, #108 (bp)
July 31, 2012 Opinion or Order Filing 120 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/24/12 9:48 a.m. re Transcript #119 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(mo) TEXT ONLY ENTRY
July 31, 2012 Opinion or Order Filing 119 TRANSCRIPT for proceedings held on 7/24/12 9:48 a.m.. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/21/2012. Redacted Transcript Deadline set for 8/31/2012. Release of Transcript Restriction set for 10/29/2012. (mo)
July 25, 2012 Opinion or Order Filing 118 Mail Returned addressed to Michael Robert Reese re Order on Motion to Dismiss Case #99 . (csi)
July 25, 2012 Opinion or Order Filing 117 Mail Returned addressed to Julie Diane Miller re Order Taking Motion Under Submission #99 . (csi)
July 25, 2012 Opinion or Order Filing 116 Mail Returned addressed to Eric D Freed re Order Taking Motion Under Submission #99 . (csi)
July 25, 2012 Opinion or Order Filing 115 Mail Returned addressed to Julie Diane Miller re Notice of Filing Transcript (G-46) 103 . (csi)
July 25, 2012 Opinion or Order Filing 114 Mail Returned addressed to Eric D Freed re Notice of Filing Transcript (G-46) 103 . (csi)
July 25, 2012 Opinion or Order Filing 113 Mail Returned addressed to Michael Robert Reese re Notice of Filing Transcript (G-46) 103 . (csi)
July 25, 2012 Opinion or Order Filing 112 TRANSCRIPT ORDER for date of proceedings 7/24/2012 to 7/24/2012 re: Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 , as to plaintiff Robert Briseno Court Smart (CS). Court will contact Cecille Chaffins at cchaffins@milberg.com with any questions regarding this order. Transcript portion requested: Other: 7/24/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Westerman, Jeff)
July 25, 2012 Opinion or Order Filing 111 TRANSCRIPT ORDER for date of proceedings 7/24/2012 to 7/24/2012 re: Order on Motion for Protective Order, Motion Hearing,,,,,,,, #110 , as to Defendant Conagra Foods, Inc. Court Smart (CS). Court will contact Kris May at kris.may@hoganlovells.com with any questions regarding this order. Transcript portion requested: Testimony of: Entire Telephonic Hearing of 7/24/2012. Other: 7/24/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Hawk, Robert)
July 24, 2012 Opinion or Order Filing 110 MINUTES OF granting #104 Motion for Protective Order re MOTION for Protective Order for Plaintiffs' Preservation Obligations #104 ; Motion Hearing held before Magistrate Judge Alicia G. Rosenberg. On July 2, 2012, Plaintiffs filed a motion for protective order. On July 10, 2012, Plaintiffs filed a supplemental memorandum. The court heard oral argument on July 24, 2012. At oral argument, the court made clear that it was ruling only on Plaintiffs' motion for protective order as to the two categories in dispute as currently written. The court expresses no opinion as to the viability of discovery requests that cover the same subject matter. Moreover, the court cannot give an advisory opinion as to the scope of appropriate preservation of evidence. The parties are free to meet and confer in an effort to narrow the scope of ConAgra's request. IT IS HEREBY ORDERED that Plaintiffs' motion for protective order is GRANTED.(See Order for details.)Court Recorder: CS 7/24/2012. (mp)
July 19, 2012 Opinion or Order Filing 109 MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg re: MOTION for Protective Order for Plaintiffs' Preservation Obligations #104 . The Court on its own motion advances the time of the hearing from 10:00 a.m. to 9:45 a.m. on July 24, 2012. The telephone number to call is (213) 894-0800, Meeting ID Number is 7002#, and User Password is 0042#. If counsel have any problems connecting to this call, please contact the Space and Facilities Help Desk at (213) 894-1400. Counsel are ordered to appear telephonically on this date and time. (mp)
July 18, 2012 Opinion or Order Filing 108 ORDER GRANTING JOINT MOTION TO APPEAR AT HEARING ON MOTION FOR PROTECTIVE ORDER TELEPHONICALLY by Magistrate Judge Alicia G. Rosenberg, re Stipulation for Leave #107 . Pursuant to the parties Joint Motion to Appear at Hearing on Motion for Protective Order Telephonically, and for good cause, the Court HEREBY ORDERS that counsel for all parties are authorized to appear telephonically at the hearing on Plaintiffs' Motion for Protective Order scheduled for July 24, 2012 at 10:00 a.m. IT IS SO ORDERED. (mp)
July 16, 2012 Opinion or Order Filing 107 Joint STIPULATION for Leave to Appear Telephonically at Hearing on Motion for Protective Order filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Keeney, Christian)
July 10, 2012 Opinion or Order Filing 106 SUPPLEMENT to MOTION for Protective Order for Plaintiffs' Preservation Obligations #104 Supplemental Brief in Support of Plaintiffs' Motion for Protective Order filed by Plaintiff Robert Briseno. (Keeney, Christian)
July 2, 2012 Opinion or Order Filing 105 JOINT STIPULATION to MOTION for Protective Order for Plaintiffs' Preservation Obligations #104 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration Christian Keeney, #2 Declaration Plaintiff Briseno, #3 Declaration Plaintiff Toomer, #4 Declaration Plaintiff Wilman, #5 Declaration Robert Hawk)(Keeney, Christian)
July 2, 2012 Opinion or Order Filing 104 NOTICE OF MOTION AND MOTION for Protective Order for Plaintiffs' Preservation Obligations filed by plaintiff Robert Briseno. Motion set for hearing on 7/24/2012 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Keeney, Christian)
June 27, 2012 Opinion or Order Filing 103 NOTICE OF FILING TRANSCRIPT filed for proceedings 05-21-2012 11:55 a.m. re Transcript #102 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY
June 27, 2012 Opinion or Order Filing 102 TRANSCRIPT for proceedings held on 05-21-2012 11:55 a.m.. Court Reporter/Electronic Court Recorder: MARK SCHWEITZER, CSR, RPR, CRR, phone number (213) 663-3494. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/18/2012. Redacted Transcript Deadline set for 7/28/2012. Release of Transcript Restriction set for 9/25/2012. (Duvall, Richard)
May 24, 2012 Opinion or Order Filing 101 TRANSCRIPT ORDER for date of proceedings 5/21/2012 to 5/21/2012 as to Defendant Conagra Foods, Inc. Court Reporter Mark Schweitzer. Court will contact Michael Ewers at michael.ewers@hoganlovells.com with any questions regarding this order. Transcript portion requested: Other: Motion to Dismiss 5/21/12. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Hawk, Robert)
May 23, 2012 Opinion or Order Filing 100 TRANSCRIPT ORDER for date of proceedings 5/21/2012 to 5/21/2012 re: Order on Motion to Dismiss Case, Motion Hearing,, #99 , as to plaintiff Robert Briseno Court Reporter Mark Schweitzer. Court will contact Cecille Chaffins at cchaffins@milberg.com with any questions regarding this order. Transcript portion requested: Other: Motion to Dismiss 5/21/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Westerman, Jeff)
May 21, 2012 Opinion or Order Filing 99 MINUTES OF Defendant's Motion to Dismiss Consolidated Class Action #84 held before Judge Margaret M. Morrow: The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court takes the motion to dismiss consolidated class action under submission.Court Reporter: Mark Schweitzer. (bp)
May 15, 2012 Opinion or Order Filing 98 Mail Returned addressed to Michael Robert Reese re Minutes of In Chambers Order/Directive - no proceeding held #94 . (csi)
May 15, 2012 Opinion or Order Filing 97 Mail Returned addressed to Michael Robert Reese re Minutes of In Chambers Order/Directive - no proceeding held #93 . (csi)
May 7, 2012 Opinion or Order Filing 96 REPLY in Support MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof #84 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
April 25, 2012 Opinion or Order Filing 95 MEMORANDUM in Opposition to MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof #84 filed by Plaintiff Robert Briseno. (Attachments: #1 Declaration)(Keeney, Christian)
April 23, 2012 Opinion or Order Filing 94 IN CHAMBERS Order Continuing Hearing Date On Defendants Motion to Dismiss #84 by Judge Margaret M. Morrow: Defendants' Motion to Dismiss is continued to 5/21/2012 at 10:00 AM before Judge Margaret M. Morrow. Opposition due 4/30/2012; Reply due 05/07/2012. (ah)
April 19, 2012 Opinion or Order Filing 93 IN CHAMBERS ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS #84 by Judge Margaret M. Morrow: The court continues the motion to dismiss to 5/21/2012 at 10:00 AM pursuant to the stipulation #92 . Opposition due 4/30/2012. Reply due 05/07/2012. (ah)
April 12, 2012 Opinion or Order Filing 92 STIPULATION for Extension of Time to File Response and Reply as to MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof #84 filed by Plaintiffs Michele Andrade, Patty Boyer, Robert Briseno, Anne Cowan, Jill Crouch, Erika Heins, Dee Hopper-Kercheval, Rona Johnston, Brenda Krein, Lil Marie-Birr, Bonnie McDonald, Kelly McFadden, Pauline Michael, Necla Musat, Julie Palmer, Janeth Ruiz, Phyllis Scarpelli, Cheri Shafstall, Christi Toomer, Maureen Towey, Anita Willman. (Attachments: #1 Proposed Order)(Levitt, Adam)
March 1, 2012 Opinion or Order Filing 91 NOTICE of Appearance filed by attorney Jill M Manning on behalf of Plaintiff Michele Andrade (Manning, Jill)
February 24, 2012 Opinion or Order Filing 85 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof #84 filed by defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hawk, Robert)
February 24, 2012 Opinion or Order Filing 84 NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss Consolidated Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof filed by defendant Conagra Foods, Inc.. Motion set for hearing on 5/14/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Hawk, Robert)
January 24, 2012 Opinion or Order Filing 83 ORDER GRANTING STIPULATION RE RESPONSE TO CONSOLIDATED AMENDED CLASS ACTION COMPLAINT by Judge Margaret M. Morrow (bp)
January 24, 2012 Opinion or Order Filing 82 STIPULATION Extending Time to Answer the complaint as to Conagra Foods, Inc. answer now due 2/24/2012, re Consolidated Complaint, #80 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
January 19, 2012 Opinion or Order Filing 81 NOTICE of Appearance filed by attorney Julio J Ramos on behalf of Plaintiff Lil Marie-Birr (Ramos, Julio)
January 12, 2012 Opinion or Order Filing 80 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT related to: Complaint - (Discovery), #1 ,filed by plaintiffs Christi Toomer, Robert Briseno, Brenda Krein, Phyllis Scarpelli, Kelly McFadden, Janeth Ruiz, Anne Cowan, Julie Palmer, Patty Boyer, Necla Musat, Pauline Michael, Rona Johnston, Cheri Shafstall, Jill Crouch, Erika Heins, Maureen Towey, Michele Andrade, Anita Willman, Dee Hopper-Kercheval, Lil Marie-Birr, Bonnie McDonald (bp)
December 9, 2011 Opinion or Order Filing 61 AMENDED ORDER GRANTING STIPULATION RE AMENDED CONSOLIDATED COMPLAINT, AND CONSOLIDATION OF ADDITIONAL ACTION by Judge Margaret M. Morrow, re Order #60 (bp)
December 9, 2011 Opinion or Order Filing 60 ORDER GRANTING STIPULATION RE AMENDED CONSOLIDATED COMPLAINT, RESPONSE TO AMENDED CONSOLIDATED COMPLAINT, AND CONSOLIDATION OF ADDITIONAL ACTION by Judge Margaret M. Morrow, (bp)
December 9, 2011 Opinion or Order Filing 59 ORDER RE STIPULATION TO CONSOLIDATE RELATED ACTIONS by Judge Margaret M. Morrow, (bp)
December 9, 2011 Opinion or Order Filing 58 STIPULATION to Consolidate Cases as to 11-08513 filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Keeney, Christian)
December 5, 2011 Opinion or Order Filing 57 STIPULATION for Extension of Time to File Amended Consolidated Complaint, Response to Consolidated Complaint, and Consolidation of Additional Action filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
November 29, 2011 Opinion or Order Notice of Electronic Filing re Order on Application to Appear Pro Hac Vice #55 , Order on Motion to Dismiss Case #54 , Minutes of In Chambers Order/Directive #56 e-mailed to Robin Wechkin bounced due to invalid e-mail address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. (jj) TEXT ONLY ENTRY
November 28, 2011 Opinion or Order Filing 56 MINUTE ORDER IN CHAMBERS by Judge Margaret M. Morrow: Order Consolidating Cases. The court orders CV11-9308 consolidated with the above cases under the following caption: In re ConAgra Foods, Inc. (bp)
November 23, 2011 Opinion or Order Filing 55 ORDER by Judge Margaret M. Morrow: granting #53 Application to Appear Pro Hac Vice by Attorney Robin Wechkin on behalf of Defendant Conagra Foods, Inc., designating Robert B. Hawk as local counsel. (lt)
November 23, 2011 Opinion or Order Filing 54 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS #24 by Judge Margaret M. Morrow: Plaintiffs prayer for an order requiring ConAgra to adopt and enforce a policy that requires appropriate disclosure of genetically modified ingredients is preempted. Accordingly, that prayer may not be included in any amended complaint. With that exception, Briseno may file an amended complaint within twenty (20) days of the date of this order. (ah)
November 17, 2011 Opinion or Order Filing 53 APPLICATION for attorney Robin Wechkin to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9533237 paid.) filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
November 16, 2011 Opinion or Order Filing 52 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, NOVEMBER 7, 2011 (dc)
November 16, 2011 Opinion or Order Filing 51 TRANSCRIPT for proceedings held on MONDAY, NOVEMBER 7, 2011. Court Reporter/Electronic Court Recorder: MARK SCHWEITZER,, phone number (213) 663-3494. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/7/2011. Redacted Transcript Deadline set for 12/17/2011. Release of Transcript Restriction set for 2/14/2012. (dc)
November 7, 2011 Opinion or Order Filing 50 MINUTES OF Scheduling Conference; Defendan ConAgra's Motion to Dismiss #24 held before Judge Margaret M. Morrow. The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court takes the motion to dismiss under submission. The Scheduling Conference is not held. The clerk will notify the parties when a new date has been scheduled.Court Reporter: Mark Schweitzer. (bp)
November 1, 2011 Opinion or Order Filing 49 NOTICE of Change of Attorney Information for attorney Rachele R Rickert counsel for Plaintiff Christi Toomer. Adding Rachele R. Rickert as attorney as counsel of record for Christi Toomer for the reason indicated in the G-06 Notice. Filed by Plaintiff Christi Toomer (Rickert, Rachele)
November 1, 2011 Opinion or Order Filing 48 MINUTES (IN CHAMBERS): Order Appointing Interim Lead Counsel #35 #43 #44 by Judge Margaret M. Morrow: The court enters this order on plaintiffs' stipulation, appointing Milberg and Wolf Halderstein as interim class counsel. In light of this ruling, the pending motions for appointment of interim class counsel (Docket Nos.43 and 44) are denied as moot. (bp)
October 31, 2011 Opinion or Order Filing 46 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial TBD, filed by Plaintiff Robert Briseno.. (Westerman, Jeff)
October 28, 2011 Opinion or Order Filing 47 MINUTE ORDER IN CHAMBERS Vacating Order re Consolidation by Judge Margaret M. Morrow: On October 15, 2011, the court issued an order consolidating this case with CV11-5379-MMM in error. The court vacates its October 14, 2011 order consolidating cases. (bp)
October 27, 2011 Opinion or Order Filing 45 NOTICE OF MOTION re MOTION for Appointment of Counsel - Interim Class Counsel #44 filed by Plaintiff Robert Briseno. Motion set for hearing on 1/30/2012 at 10:00 AM before Judge Margaret M. Morrow. (Westerman, Jeff)
October 27, 2011 Opinion or Order Filing 44 NOTICE OF MOTION AND MOTION for Appointment of Counsel - Interim Class Counsel filed by plaintiff Robert Briseno. Motion set for hearing on 1/30/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Proposed Order)(Westerman, Jeff)
October 27, 2011 Opinion or Order Filing 43 NOTICE OF MOTION AND MOTION for Appointment of Counsel Plaintiffs' Notice of Motion and Motion to Appoint Co-Lead Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g)(3) filed by Plaintiffs ALEXIS JUSTAK, PHYLLIS SCARPELLI, LEONORA ULITSKY. Motion set for hearing on 1/30/2012 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Law in Support of Motion to Appoint Co-Lead Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g)(3), #2 Declaration Declaration of Scott A. Bursor in Support of Plaintiffs' Motion to Appoint Co-Lead Interim Class Counsel, #3 Proposed Order Proposed Order Granting Plaintiffs' Motion to Appoint Co-Lead Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g)(3))(Fisher, Lawrence)
October 27, 2011 Opinion or Order Filing 42 NOTICE of Appearance filed by attorney Lawrence Timothy Fisher on behalf of Plaintiffs ALEXIS JUSTAK, PHYLLIS SCARPELLI, LEONORA ULITSKY (Fisher, Lawrence)
October 26, 2011 Opinion or Order Filing 41 STIPULATION for Hearing re Appoint Interim Class Counsel and Set Briefing Schedule filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Westerman, Jeff)
October 24, 2011 Opinion or Order Filing 40 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS CLASS ACTION COMPLAINT filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hawk, Robert)
October 24, 2011 Opinion or Order Filing 39 REPLY in Support MOTION to Dismiss Case MOTION TO DISMISS CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #24 filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
October 14, 2011 Opinion or Order Filing 38 MINUTE ORDER IN CHAMBERS by Judge Margaret M. Morrow: The court orders CV11-8513 consolidated with the above cases under the caption: In re Conagra Foods, Inc., CASE NO.CV11-5379-MMM(AGRx) (bp)
October 14, 2011 Opinion or Order Filing 37 NOTICE of Appearance on Behalf of Plaintiff Kelly McFadden filed by Plaintiff Kelly McFadden Robert Briseno. (Reese, Michael)
October 14, 2011 Opinion or Order Filing 36 Copy of Certified Order from MDL Panel creating MDL 2:11-ml-02291 MMM (AGRx) See MDL docket for any documents common to two or more actions. (ghap)
October 11, 2011 Opinion or Order Filing 35 STIPULATION for Order Granting Stipulated Case Management Order filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Westerman, Jeff)
October 10, 2011 Opinion or Order Filing 34 MEMORANDUM in Opposition to MOTION to Dismiss Case MOTION TO DISMISS CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #24 filed by Plaintiff Robert Briseno. (Westerman, Jeff)
October 6, 2011 Opinion or Order Filing 33 MINUTES (IN CHAMBERS): Order Taking Off Calendar and Denying as Moot Motion of Plaintiffs Briseno and Toomer to Consolidate Related Actions and Designate Interim Class Counsel #8 . The court orders these matter consolidated under the caption: In re Conagra Food, Inc., Case No.CV11-5379-MMM(AGRx). Because the cases have now been consolidated, the parties are directed to file a stipulation and proposed order designating interim class counsel. (bp)
October 5, 2011 Opinion or Order Filing 32 MINUTES OF Telephone Status Conference held before Judge Margaret M. Morrow:Court Reporter: Mark Schweitzer. (bp)
October 3, 2011 Opinion or Order Filing 31 OPPOSITION to MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), MOTION for Appointment of Counsel Designating Milberg LLP and Wolf Haldenstein Adler Freeman & Herz LLC as Co-Interim Class Counsel MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), #8 DEFENDANT CONAGRA FOODS, INC.S RESPONSE TO MOTION FOR CONSOLIDATING RELATED ACTIONS filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
September 16, 2011 Opinion or Order Filing 30 ORDER RE STIPULATION TO EXTEND CLASS CERTIFICATION DEADLINE by Judge Margaret M. Morrow, (bp)
September 15, 2011 Opinion or Order Filing 29 STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Keeney, Christian)
August 26, 2011 Opinion or Order Filing 28 ORDER by Judge Margaret M. Morrow The Court hereby ORDERS the documents listed below be STRICKEN for failure to comply with the Local Rules. RE: Miscellaneous Document #27 (bp)
August 25, 2011 Opinion or Order Filing 27 [STRICKEN] Letter to Judge Margaret M. Morrow re Ex Parte Applications filed by Defendant Conagra Foods, Inc. (Hawk, Robert) Modified on 8/26/2011 (ah).
August 25, 2011 Opinion or Order Filing 26 MINUTE ORDER IN CHAMBERS Court Order Setting Scheduling Conference by Judge Margaret M. Morrow: Counsel are hereby notified that a Scheduling Conference has been set for 11/7/2011 10:00 AM. (bp)
August 24, 2011 Opinion or Order Filing 25 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case MOTION TO DISMISS CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF #24 filed by Defendant Conagra Foods, Inc.. (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)(Hawk, Robert)
August 24, 2011 Opinion or Order Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case MOTION TO DISMISS CLASS ACTION COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendant Conagra Foods, Inc.. Motion set for hearing on 11/7/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Hawk, Robert)
August 19, 2011 Opinion or Order Filing 23 ORDER by Judge Margaret M. Morrow: granting #20 Application to Appear Pro Hac Vice by Attorney Andrei V. Rado on behalf of Plaintiff, designating Jeff S. Westerman as local counsel. (lt)
August 19, 2011 Opinion or Order Filing 22 ORDER by Judge Margaret M. Morrow: granting #19 Application to Appear Pro Hac Vice by Attorney Jessica J. Sleater on behalf of Plaintiff, designating Jeff S. Westerman as local counsel. (lt)
August 19, 2011 Opinion or Order Filing 21 NOTICE of Related Case(s) filed by plaintiff Robert Briseno. Related Case(s): CV 11-6127 DMG (AGRx); CV 11-6402 DMG (PLAx); CV 11-6480 GW (MANx) (Westerman, Jeff)
August 18, 2011 Opinion or Order Filing 20 APPLICATION for attorney Andrei V. Rado to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9099523 paid.) filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit Cert. of Good Standing, #2 Proposed Order)(Westerman, Jeff)
August 18, 2011 Opinion or Order Filing 19 APPLICATION for attorney Jessica J. Sleater to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-9099423 paid.) filed by Plaintiff Robert Briseno. (Attachments: #1 Exhibit, #2 Proposed Order)(Westerman, Jeff)
August 16, 2011 Opinion or Order Filing 18 DENIED BY ORDER OF Judge Margaret M. Morrow, re Stipulation to Extend Time to Answer (More than 30 days) #16 (bp)
August 10, 2011 Opinion or Order Filing 17 NOTICE OF ERRATA filed by Defendant Conagra Foods, Inc.. correcting Stipulation to Extend Time to Answer (More than 30 days) #15 (Hawk, Robert)
August 10, 2011 Opinion or Order Filing 16 STIPULATION for Extension of Time to File Answer re Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
August 10, 2011 Opinion or Order Filing 15 STIPULATION for Extension of Time to File Answer re Complaint - (Discovery), Complaint - (Discovery) #1 filed by Defendant Conagra Foods, Inc.. (Attachments: #1 Proposed Order)(Hawk, Robert)
August 10, 2011 Opinion or Order Filing 14 NOTICE OF ERRATA RE NOTICE OF APPEARANCE filed by Defendant Conagra Foods, Inc.. (Hawk, Robert)
August 10, 2011 Opinion or Order Filing 13 CERTIFICATE of Interested Parties filed by Defendant Conagra Foods, Inc., (Hawk, Robert)
August 10, 2011 Opinion or Order Filing 12 NOTICE of Appearance filed by attorney Robert B Hawk on behalf of Defendant ConAgra Foods, Inc. (Hawk, Robert) Modified on 8/22/2011 (bp).
August 5, 2011 Opinion or Order Filing 11 DECLARATION of Jeff S. Westerman in support of MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), MOTION for Appointment of Counsel Designating Milberg LLP and Wolf Haldenstein Adler Freeman & Herz LLC as Co-Interim Class Counsel MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), #8 [CORRECTED - Exhibits G, K, P] filed by Plaintiff Robert Briseno. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Westerman, Jeff)
August 4, 2011 Opinion or Order Filing 10 DECLARATION of Jeff S. Westerman in support of MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), MOTION for Appointment of Counsel Designating Milberg LLP and Wolf Haldenstein Adler Freeman & Herz LLC as Co-Interim Class Counsel MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), #8 filed by Plaintiff Robert Briseno. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Westerman, Jeff)
August 4, 2011 Opinion or Order Filing 9 NOTICE OF MOTION re MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), MOTION for Appointment of Counsel Designating Milberg LLP and Wolf Haldenstein Adler Freeman & Herz LLC as Co-Interim Class Counsel MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR), #8 filed by Plaintiff Robert Briseno. Motion set for hearing on 10/24/2011 at 10:00 AM before Judge Margaret M. Morrow. (Westerman, Jeff)
August 4, 2011 Opinion or Order Filing 8 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:11-CV-06127 DMG (AGR),, MOTION for Appointment of Counsel Designating Milberg LLP and Wolf Haldenstein Adler Freeman & Herz LLC as Co-Interim Class Counsel filed by plaintiff Robert Briseno. Motion set for hearing on 10/24/2011 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Westerman, Jeff)
August 4, 2011 Opinion or Order Filing 7 PROOF OF SERVICE Executed by Plaintiff Robert Briseno, upon Defendant Conagra Foods, Inc. served on 6/29/2011, answer due 8/24/2011. Service of the Summons and Complaint were executed upon Becky DeGeorge, CSC Lawyers Incorporating Service, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Westerman, Jeff)
July 18, 2011 Opinion or Order Filing 6 STIPULATED CASE MANAGEMENT ORDER ORDER. Defendant requested, and Plaintiff agrees to, an extension of time for Defendant to file a response to Plaintiff's complaint. Defendant shall have until August 24, 2011 to file a response to Plaintiff's complaint. (bp)
July 15, 2011 Opinion or Order Filing 5 STIPULATION for Order to Enter Case Management Order filed by plaintiff Robert Briseno. (Attachments: #1 Proposed Order)(Westerman, Jeff)
June 30, 2011 Opinion or Order Filing 3 NOTICE OF FILING FEE DUE on Pro Hac Vice Application to Jessica Sleater for Plaintiff Robert Briseno. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-ResidentAttorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car)
June 28, 2011 Opinion or Order Filing 4 NOTICE OF FILING FEE DUE on Pro Hac Vice Application to Andrei V Rado for Plaintiff Robert Briseno. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-ResidentAttorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (car)
June 28, 2011 Opinion or Order Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Robert Briseno (car) (mg).
June 28, 2011 Opinion or Order Filing 1 COMPLAINT against Defendants Conagra Foods, Inc. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Alicia G Rosenberg.(Filing fee $ 350 PAID) Jury Demanded, filed by Plaintiff Robert Briseno.(car) (mg).
June 28, 2011 Opinion or Order 21 DAY Summons Issued re Complaint #1 as to Defendant Conagra Foods, Inc. (car) Modified on 6/30/2011 (car).

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Search for this case: Robert Briseno v. Conagra Foods, Inc.
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Plaintiff: Michele Andrade
Represented By: Adam J Levitt
Represented By: Christian Keeney
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Allan Steyer
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
Represented By: Jill M Manning
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Plaintiff: Patty Boyer
Represented By: Adam J Levitt
Represented By: Christian Keeney
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
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Plaintiff: Robert Briseno
Represented By: Adam J Levitt
Represented By: David E Azar
Represented By: Henry Kelston
Represented By: Ariana J Tadler
Represented By: Christian Keeney
Represented By: Jeff S Westerman
Represented By: Nicole M Duckett
Represented By: Ariana J. Tadler
Represented By: David E. Azar
Represented By: Henry J Kelston
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Alex R. Straus
Represented By: Amy E. Keller
Represented By: Andrei V Rado
Represented By: Christian J Keeney
Represented By: Jeff S. Westerman
Represented By: Jessica J Sleater
Represented By: Sanford P Dumain
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Plaintiff: Anne Cowan
Represented By: Adam J Levitt
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Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
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Plaintiff: Jill Crouch
Represented By: Adam J Levitt
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Plaintiff: Erika Heins
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Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
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Plaintiff: Dee Hopper-Kercheval
Represented By: Adam J Levitt
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Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
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Plaintiff: Rona Johnston
Represented By: Christian Keeney
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Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
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Represented By: David E. Azar
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Plaintiff: Alexis Justak
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: Sarah N Westcot
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Antonio Vozzolo
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: Christopher Marlborough
Represented By: David E. Azar
Represented By: David E Bower
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Plaintiff: Brenda Krein
Represented By: Christian Keeney
Represented By: Eric D Freed
Represented By: Julie Diane Miller
Represented By: Adam J Levitt
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: Christopher A Seeger
Represented By: David E. Azar
Represented By: Jonathan Shub
Represented By: Scott Alan George
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Plaintiff: Lil Marie-Birr
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: Julio J Ramos
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Represented By: Ariana J. Tadler
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Plaintiff: Bonnie McDonald
Represented By: Adam J Levitt
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Represented By: Christian J Keeney
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Plaintiff: Kelly McFadden
Represented By: Christian Keeney
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Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
Represented By: Kim E Richman
Represented By: Michael R Reese
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Plaintiff: Pauline Michael
Represented By: Christian Keeney
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Plaintiff: Necla Musat
Represented By: Christian Keeney
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Represented By: Ariana J. Tadler
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Plaintiff: Julie Palmer
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Plaintiff: Janeth Ruiz
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Represented By: William Charles Wright
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Plaintiff: Phyllis Scarpelli
Represented By: Adam J Levitt
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Represented By: David E Bower
Represented By: Scott A Bursor
Represented By: Lawrence Timothy Fisher
Represented By: Sarah N Westcot
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Antonio Vozzolo
Represented By: Ariana J. Tadler
Represented By: Barbara A Rohr
Represented By: Christian J Keeney
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Represented By: Lindsey H Taylor
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Plaintiff: Cheri Shafstall
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
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Plaintiff: Christi Toomer
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: Rachele R Rickert
Represented By: Adam J. Levitt
Represented By: Betsy C Manifold
Represented By: Rachele R. Byrd
Represented By: AJ De Bartolomeo
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
Represented By: Edmund S Aronowitz
Represented By: Francis M Gregorek
Represented By: Patrick H Moran
Represented By: Rachele R Byrd
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Plaintiff: Maureen Towey
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
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Plaintiff: Leonora Ulitsky
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: Sarah N Westcot
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Antonio Vozzolo
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: Christopher Marlborough
Represented By: David E. Azar
Represented By: David E Bower
Represented By: Donald A Ecklund
Represented By: James E Cecchi
Represented By: Lawrence Timothy Fisher
Represented By: Lindsey H Taylor
Represented By: Sarah Westcot
Represented By: Scott A Bursor
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Plaintiff: Anita Willman
Represented By: Christian Keeney
Represented By: Adam J Levitt
Represented By: AJ De Bartolomeo
Represented By: Adam J. Levitt
Represented By: Amy E. Keller
Represented By: Ariana J. Tadler
Represented By: Christian J Keeney
Represented By: David E. Azar
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Defendant: Conagra Foods, Inc.
Represented By: Robert B Hawk
Represented By: Laura E Coombe
Represented By: A Brooks Gresham
Represented By: Andrew G Phillips
Represented By: Angela M Spivey
Represented By: Benjamin T Diggs
Represented By: Douglas M Schwab
Represented By: Joan S Dinsmore
Represented By: Kenneth Abrams
Represented By: Laura E Dilweg
Represented By: Rachel E K Lowe
Represented By: Richard T Taylor
Represented By: Robin Wechkin
Represented By: Stacy Renee Hovan
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3rd party plaintiff: Adam J. Levitt of DiCello Levitt Gutzler LLC
Represented By: David E. Azar
Represented By: Todd C. Jacobs
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Interested party: Shiyang Huang
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Not classified by court: M. Todd Henderson
Represented By: Theodore H Frank
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