Joshua Joseph v. The J.M. Smucker Company
Plaintiff: Joshua Joseph
Defendant: The J.M. Smucker Company
Alternative Dispute Resolution (Adr) Provider: JoBeth Halper
Case Number: 2:2017cv08735
Filed: December 4, 2017
Court: US District Court for the Central District of California
Presiding Judge: Fernando M Olguin
Referring Judge: Karen L Stevenson
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2019 Opinion or Order Filing 70 ORDER ON AMENDED JOINT STIPULATION OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) #69 by Judge Fernando M. Olguin. Plaintiff Joshua Joseph's individual claims in the above-captioned case are voluntarily dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Each Party shall bear its own fees and costs. (iv)
October 2, 2019 Filing 69 NOTICE OF LODGING filed re Stipulation to Dismiss Case #68 (Attachments: #1 Proposed Order)(Heikali, Benjamin)
September 27, 2019 Filing 68 Amended STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii) filed by Plaintiff Joshua Joseph.(Heikali, Benjamin)
September 23, 2019 Opinion or Order Filing 67 ORDER Re: STIPULATION OF DISMISSAL by Judge Fernando M. Olguin. No later than September 27, 2019, the parties shall file a Stipulation of Dismissal that addresses plaintiff's individual claims as well as those of the putative class. (iv)
September 18, 2019 Filing 66 Joint STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1)(A)(ii) filed by Plaintiff Joshua Joseph.(Heikali, Benjamin)
July 2, 2019 Opinion or Order Filing 65 MINUTES (IN CHAMBERS) ORDER RE: OBJECTIONS TO MAGISTRATE JUDGE'S ORDER by Judge Fernando M. Olguin. Plaintiff's Motion #59 is denied. (vdr)
June 27, 2019 Filing 64 REPLY In Support Of NOTICE OF MOTION AND MOTION for Review of OF THE HONORABLE KAREN L. STEVENSONS JUNE 4, 2019 MINUTE ORDER ON DISCOVERY #59 filed by Plaintiff Joshua Joseph. (Attachments: #1 Exhibit A)(Heikali, Benjamin)
June 20, 2019 Filing 63 Opposition re: NOTICE OF MOTION AND MOTION for Review of OF THE HONORABLE KAREN L. STEVENSONS JUNE 4, 2019 MINUTE ORDER ON DISCOVERY #59 filed by Defendant The J.M. Smucker Company. (Attachments: #1 Declaration of Ronald Y. Rothstein, #2 Exhibit 1, #3 Proposed Order)(Rothstein, Ronald)
June 17, 2019 Opinion or Order Filing 62 ORDER ON EX PARTE APPLICATION #60 by Judge Fernando M. Olguin. The Minute Order issued by the Honorable Magistrate Judge on 6/4/2019 #58 is hereby stayed, pending the Court's review of the Minute Order. (vdr)
June 12, 2019 Filing 61 OPPOSITION to EX PARTE APPLICATION to Stay pending REVIEW OF MAGISTRATE JUDGES MINUTE ORDER [DKT NO. 58] Order on Motion for Order re Discovery Matter,, Telephone Conference, #58 #60 filed by Defendant The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Rothstein, Ronald)
June 11, 2019 Filing 60 EX PARTE APPLICATION to Stay pending REVIEW OF MAGISTRATE JUDGES MINUTE ORDER [DKT NO. 58] Order on Motion for Order re Discovery Matter,, Telephone Conference, #58 filed by Plaintiff Joshua Joseph. (Attachments: #1 Declaration Benjamin Heikali, #2 Proposed Order) (Heikali, Benjamin)
June 11, 2019 Filing 59 NOTICE OF MOTION AND MOTION for Review of OF THE HONORABLE KAREN L. STEVENSONS JUNE 4, 2019 MINUTE ORDER ON DISCOVERY filed by Plaintiff Joshua Joseph. Motion set for hearing on 7/11/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Benjamin Heikali, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order) (Heikali, Benjamin)
June 4, 2019 Filing 58 MINUTES OF TELEPHONIC CONFERENCE RE: DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS settling #57 Motion re: Informal Discovery Dispute held before Magistrate Judge Karen L. Stevenson. The Court ORDERS THAT Plaintiff shall produce the consumer survey referenced in the First Amended Complaint, within 10 days of the date of this Order. (see document for furter details) Court Recorder: XTR 06/04//2019. (hr)
June 3, 2019 Filing 57 MOTION RE: INFORMAL DISCOVERY DISPUTE (hr)
March 27, 2019 Filing 56 ANSWER to Amended Complaint/Petition #35 filed by Defendant The J.M. Smucker Company.(Rothstein, Ronald)
March 15, 2019 Opinion or Order Filing 55 MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. *See order for continued deadlines.* (vdr)
March 13, 2019 Opinion or Order Filing 54 ORDER RE: MOTION TO DISMISS by Judge Fernando M. Olguin. Defendant's Motion to Dismiss Plaintiff's First Amended Complaint #36 is denied. Defendant shall file its answer to the FAC no later than 3/27/2019. (vdr)
February 13, 2019 Filing 53 STATUS REPORT RE: SETTLEMENT filed by Plaintiff Joshua Joseph. (Heikali, Benjamin)
February 5, 2019 Filing 52 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) JoBeth Halper has been assigned to serve as Panel Mediator. (mb)
January 29, 2019 Filing 51 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Jobi Halper may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 2/11/2019 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Defendant The J.M. Smucker Company(Rothstein, Ronald)
January 28, 2019 Filing 50 STATUS REPORT Parties' Joint Status Report on Settlement filed by Plaintiff Joshua Joseph. (Heikali, Benjamin)
October 30, 2018 Opinion or Order Filing 49 ORDER GRANTING UNOPPOSED MOTION #48 by Judge Fernando M. Olguin. IT IS HEREBY ORDERED, that discovery is stayed pending an order on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. (vdr)
October 29, 2018 Filing 48 NOTICE OF MOTION AND MOTION to Stay pending Discovery, Or in the Alternative For Revised Scheduling Order filed by Defendant The J.M. Smucker Company. Motion set for hearing on 11/29/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order) (Rothstein, Ronald)
September 11, 2018 Opinion or Order Filing 47 ORDER GRANTING JOINT STIPULATION FOR REVISED SCHEDULING ORDER #46 by Judge Fernando M. Olguin. *See Order for dates and deadlines.* (iv)
September 7, 2018 Filing 46 Joint STIPULATION for Order to Revise Scheduling Order filed by defendant The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Rothstein, Ronald)
August 23, 2018 Opinion or Order Filing 45 AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Amended Stipulation for Protective Order #44 . (see order for details) (hr)
August 22, 2018 Filing 44 Amended STIPULATION for Protective Order filed by Defendant The J.M. Smucker Company.(Rothstein, Ronald)
August 21, 2018 Opinion or Order Filing 43 MINUTE (IN CHAMBERS) ORDER RE: STIPULATED PROTECTIVE ORDER #41 by Magistrate Judge Karen L. Stevenson. IT IS ORDERED that the parties shall revise the Stipulation to include a Good Cause Statement in support of the Stipulation and file the amended Stipulation for Protective Order and email a writeable version to Judge Karen L. Stevenson's chambers email address no later than August 28, 2018. (see order for further details) (hr)
August 20, 2018 Filing 42 STIPULATION for Order Form and Format For Document Production filed by defendant The J.M. Smucker Company.(Rothstein, Ronald)
August 20, 2018 Filing 41 STIPULATION for Protective Order filed by defendant The J.M. Smucker Company.(Rothstein, Ronald)
July 9, 2018 Filing 40 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss Plaintiff's First Amended Complaint #36 is taken off the 7/12/2018 calendar and placed under submission. No appearances are required on 7/12/2018. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
June 28, 2018 Filing 39 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES #36 filed by Defendant The J.M. Smucker Company. (Whipp, Megan)
June 21, 2018 Filing 38 Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES #36 filed by Plaintiff Joshua Joseph. (Attachments: #1 Proposed Order)(Heikali, Benjamin)
June 19, 2018 Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Megan Lee Whipp counsel for Defendant The J.M. Smucker Company. Ryan Evans 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 The J.M. Smucker Company. (Whipp, Megan)
June 14, 2018 Filing 36 NOTICE OF MOTION AND MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by DEFENDANT The J.M. Smucker Company. Motion set for hearing on 7/12/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION TO DISMISS FIRST AMENDED COMPLAINT, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration OF MEGAN L. WHIPP, #9 Exhibit A, #10 Exhibit B, #11 Exhibit C) (Whipp, Megan)
May 31, 2018 Filing 35 First AMENDED COMPLAINT against defendant The J.M. Smucker Company amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Joshua Joseph (Attachments: #1 Exhibit A, #2 Exhibit B)(Heikali, Benjamin)
May 15, 2018 Opinion or Order Filing 34 ORDER RE: CLASS CERTIFICATION MOTIONS by Judge Fernando M. Olguin. (vdr)
May 15, 2018 Opinion or Order Filing 33 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr)
May 15, 2018 Opinion or Order Filing 32 SCHEDULING AND CASE MANAGEMENT ORDER RE: CLASS ACTION & REPRESENTATIVE ACTIONS by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and vacates the hearing. *See order for deadlines and requirements imposed.* (vdr)
May 15, 2018 Opinion or Order Filing 31 ORDER by Judge Fernando M. Olguin. Defendant's Motion to Dismiss #23 is granted.If plaintiff still wishes to pursue this action, he is granted until 5/31/2018, to file a first amended complaint. (vdr) Modified on 5/15/2018 (vdr).
May 10, 2018 Filing 30 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Defendant The J.M. Smucker Company.. (Attachments: #1 Exhibit A)(Whipp, Megan)
May 2, 2018 Filing 29 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant The J.M. Smucker Company. (Attachments: #1 REPLY TO OPPOSITION TO REQUEST FOR JUDICIAL NOTICE)(Whipp, Megan)
May 2, 2018 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Megan Lee Whipp counsel for Defendant The J.M. Smucker Company. Adding Megan L. Whipp as counsel of record for The J.M. Smucker Company for the reason indicated in the G-123 Notice. Filed by defendant The J.M. Smucker Company. (Attorney Megan Lee Whipp added to party The J.M. Smucker Company(pty:dft))(Whipp, Megan)
April 18, 2018 Filing 27 Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Joshua Joseph. (Attachments: #1 Proposed Order, #2 Plaintiff's Opposition to Defendant's Request for Judicial Notice in Support of Its Motion to Dismiss, #3 Proposed Order Denying Defendant's Request for Judicial Notice in Support of Its Motion to Dismiss Plaintiff's Complaint)(Heikali, Benjamin)
March 20, 2018 Opinion or Order Filing 26 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 5/24/2018 at 10:00 AM before Judge Fernando M. Olguin. (cw)
March 20, 2018 Filing 25 CORPORATE DISCLOSURE STATEMENT filed by Defendant The J.M. Smucker Company (Evans, Ryan)
March 20, 2018 Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #23 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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)
March 19, 2018 Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant The J.M. Smucker Company. Motion set for hearing on 5/24/2018 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Evans, Ryan)
February 1, 2018 Filing 22 WAIVER OF SERVICE Returned Executed filed by defendant The J.M. Smucker Company. upon The J.M. Smucker Company waiver sent by Plaintiff on 1/18/2018, answer due 3/19/2018. Waiver of Service signed by Ronald Y. Rothstein. (Evans, Ryan)
January 30, 2018 Opinion or Order Filing 21 ORDER ON APPLICATIONS #18 and #20 OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: granting #18 Non-Resident Attorney Ronald Y Rothstein APPLICATION to Appear Pro Hac Vice on behalf of The J.M. Smucker Company, designating Ryan D Evans as local counsel. ; granting #20 Non-Resident Attorney Ronald Y Rothstein APPLICATION to Appear Pro Hac Vice on behalf of The J.M. Smucker Company, designating Ryan D Evans as local counsel. (lom)
January 26, 2018 Filing 20 APPLICATION of Non-Resident Attorney Ronald Y. Rothstein to Appear Pro Hac Vice on behalf of Defendant The J.M. Smucker Company (Pro Hac Vice Fee - $325 Previously Paid on 1/23/2018, Receipt No. 0973-21144511) filed by defendant The J.M. Smucker Company. (Attachments: #1 Proposed Order) (Evans, Ryan)
January 26, 2018 Filing 19 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ronald Y. Rothstein to Appear Pro Hac Vice on behalf of Defendant The J.M. Smucker Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21144511) #18 . The following error(s) was/were found: Email address information is inconsistent. Application has RRothste@winston.com and proposed Order has sraghavan@winston.com. CM has previous email address of rrothstein@winston.com. Email address will need to be removed due to inconsistent information. (lt)
January 23, 2018 Filing 18 APPLICATION of Non-Resident Attorney Ronald Y. Rothstein to Appear Pro Hac Vice on behalf of Defendant The J.M. Smucker Company (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21144511) filed by defendant The J.M. Smucker Company. (Attachment s: #1 Proposed Order) (Evans, Ryan)
January 22, 2018 Opinion or Order Filing 17 ORDER RE JOINT RESPONSE #16 TO COURT'S ORDER TO SHOW CAUSE #13 by Judge Fernando M. Olguin. The Order to Show Cause is hereby discharged. (vdr)
January 19, 2018 Filing 16 RESPONSE filed by Defendant The J.M. Smucker Companyto Order to Show Cause #13 Joint Response to Court's Order to Show Cause (Attachments: #1 Proposed Order)(Evans, Ryan)
January 19, 2018 Opinion or Order Filing 15 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Gail J. Standish. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Gail J. Standish to Magistrate Judge Karen L. Stevenson for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-08735 FMO(KSx). (rn)
January 18, 2018 Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan D Evans counsel for Defendant The J.M. Smucker Company. Adding Ryan Evans as counsel of record for The J.M. Smucker Company for the reason indicated in the G-123 Notice. Filed by defendant The J.M. Smucker Company. (Attorney Ryan D Evans added to party The J.M. Smucker Company(pty:dft))(Evans, Ryan)
January 17, 2018 Opinion or Order Filing 13 (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 1/24/2018. (vdr)
January 3, 2018 Filing 12 PROOF OF SERVICE Executed by Plaintiff Joshua Joseph, upon Defendant The J.M. Smucker Company served on 12/19/2017, answer due 1/9/2018. in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Heikali, Benjamin)
December 28, 2017 Filing 11 PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff Joshua Joseph. (Attachments: #1 Declaration Benjamin Heikali ISO, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Heikali, Benjamin) Modified on 12/29/2017 (vdr).
December 28, 2017 Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin Heikali counsel for Plaintiff Joshua Joseph. Adding Joshua Nassir as counsel of record for Plaintiff Joshua Joseph for the reason indicated in the G-123 Notice. Filed by Plaintiff Joshua Joseph. (Heikali, Benjamin)
December 18, 2017 Opinion or Order Filing 9 (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. IT IS ORDERED that no later than 12/28/2017, plaintiff shall file a written response why this action should not be dismissed for lack of jurisdiction or transferred for lack of proper venue. (vdr)
December 12, 2017 Filing 8 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY
December 5, 2017 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The J.M. Smucker Company. (car)
December 5, 2017 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
December 5, 2017 Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Gail J. Standish. (car)
December 4, 2017 Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Joshua Joseph, (Heikali, Benjamin)
December 4, 2017 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Joshua Joseph. (Heikali, Benjamin)
December 4, 2017 Filing 2 CIVIL COVER SHEET filed by Plaintiff Joshua Joseph. (Heikali, Benjamin)
December 4, 2017 Filing 1 COMPLAINT Receipt No: 0973-20917093 - Fee: $400, filed by Plaintiff Joshua Joseph. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Benjamin Heikali added to party Joshua Joseph(pty:pla))(Heikali, Benjamin)

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Defendant: The J.M. Smucker Company
Represented By: Megan Lee Whipp
Represented By: Ronald Y. Rothstein
Represented By: Ryan D Evans
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Plaintiff: Joshua Joseph
Represented By: Benjamin Heikali
Represented By: Joshua Nassir
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Alternative dispute resolution (adr) provider: JoBeth Halper
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