Tortilla Factory, LLC v. Better Booch, LLC et al
| Tortilla Factory, LLC |
| DOES 1-10, Better Booch, LLC, Reliant Food Services, Inc., KeHE Distributors, Inc., Hi-Touch Distribution, Inc. and Los Angeles Distributing Company |
| 2:2018cv02980 |
| April 9, 2018 |
| US District Court for the Central District of California |
| Steve Kim |
| Christina A Snyder |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2019. A more recent docket listing may be available from PACER.
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Filing 47
ORDER GRANTING JOINT STIPULATION TO DISMISSDEFENDANT BETTER BOOCH, LLC WITH PREJUDICE AND WAIVE COSTS by Judge Christina A. Snyder, re Stipulation to Dismiss Case #46 : The Joint Stipulation to Dismiss Defendant Better Booch, LLC with Prejudice and Waive Costs is approved. The entire action, including all claims and counterclaims stated herein against all parties, is hereby dismissed with prejudice, and the parties have agreed to waive all claims for attorneys fees and costs. (bm)
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| Filing 46 Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Tortilla Factory, LLC. (Attachments: #1 Proposed Order)(Weisskopf, Stephen) |
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: ORDER REMOVING ACTION FROM THE ACTIVE LIST OF CASES, PURSUANT TO SETTLEMENT #44 . Counsel shall file a proper stipulation for dismissal or a joint report detailing settlement status within 90 days and every quarter thereafter until a stipulation for dismissal is filed. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All dates in this action are hereby VACATED. (Made JS-6. Case Terminated.) (lc)
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| Filing 44 NOTICE of Settlement & Stipulation to Vacate Pre-Trial & Trial Dates filed by Defendant Better Booch, LLC Better Booch, LLC. (Attachments: #1 Proposed Order re Joint Notice of Settlement & Stipulation to Vacate Dates)(De Castro, Jose-Manuel) |
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Filing 43
ORDER/REFERRAL to ADR Procedure No 2 by Judge Christina A. Snyder. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/15/19. Status Conference set for 11/25/2019 11:00 AM. (lc)
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| Filing 42 MINUTES OF Scheduling Conference held before Judge Christina A. Snyder. The Court confers with counsel and schedules the following dates: Request for leave to file amended pleadings or to add parties: August 1, 2019; Settlement Completion Cutoff: November 15, 2019; Discovery Cut-off: March 16, 2020;Last Day to File Motions: March 20, 2020; Status Conference re: Settlement (11:00 A.M.): November 25, 2019; Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): May 11, 2020; and Jury Trial (9:30 A.M.): June 2, 2020.Court Reporter: Laura Elias. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc) |
| Filing 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Plaintiff Tortilla Factory, LLC.. (Weisskopf, Stephen) |
| Filing 40 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan #37 , Joint Report Rule 26(f) Discovery Plan #38 . The following error(s) was/were found: 1) It appears same joint report efiled twice, however no. 38 appears to amend or correct no. 37 in that no. 38 has exhibits attached. Reminder to include Judge and Magistrate initials on official case number. 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. (lc) |
| Filing 39 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: Joint Report Rule 26(f) Discovery Plan #37 #38 for the Scheduling Conference previously scheduled for 4/15/2019 at 11:00 AM has been rescheduled. Scheduling Conference is continued to 4/22/2019 at 11:00 AM before Judge Christina A. Snyder. Joint Report shall be filed on or before 4/15/2019.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan Only on Behalf of Better Booch, LLC filed by Defendant Better Booch, LLC.. (De Castro, Jose-Manuel) |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan (Only on Behalf of Better Booch, LLC) filed by Defendant Better Booch, LLC.. (De Castro, Jose-Manuel) |
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Filing 36
ORDER RE STIPULATION #35 by Judge Christina A. Snyder : The Scheduling Conference in this case is hereby continued from February 11, 2019, to April 15, 2019 at 11:00 a.m.. Joint Report shall be filed on or before April 8, 2019. (lc)
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| Filing 35 First STIPULATION to Reschedule Scheduling Conference filed by Defendant Better Booch, LLC. (Attachments: #1 Proposed Order [Proposed] Order to Continue Rule 16(b) scheduling conference)(De Castro, Jose-Manuel) |
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Filing 34
ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference set for 2/11/2019, at 11:00 AM before Judge Christina A. Snyder. (smo)
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| Filing 33 ANSWER to Amended Complaint/Petition #32 filed by Defendant Better Booch, LLC.(De Castro, Jose-Manuel) |
| Filing 32 SECOND AMENDED COMPLAINT against Defendant Better Booch, LLC, DOES amending Amended Complaint/Petition #26 , Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Tortilla Factory, LLC(Weisskopf, Stephen) |
| Filing 31 NOTICE of Change of address by Jose-Manuel A De Castro attorney for Defendant Better Booch, LLC. Changing attorneys address to 7590 N. Glenoaks Blvd., Ste 201, Los Angeles, CA 91504. Filed by Defendant Better Booch, LLC. (De Castro, Jose-Manuel) |
| Filing 30 MINUTES by Judge Christina A. Snyder: RE: DEFENDANT BETTER BOOCH, LLCS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT #27 . Defendants motion to dismiss plaintiffs first amended complaint is DENIED to the extent that it is premised on plaintiffs claims being time barred or preempted. However, the Court DISMISSES with leave to amend plaintiffs claims because they are not pled with the requisite particularity. Plaintiff shall file its amended complaint by December 11, 2018, incorporating the requisite details about the product testing methodology and outcomes, as alleged in paragraph 28 of its initial complaint. Plaintiff shall make no other changes to its amended complaint without leave of Court. Thereafter, defendant shall file its answer by January 7, 2019. (lc) Court Reporter: Laura Elias. Modified on 11/29/2018 (cj). |
| Filing 29 RESPONSE IN SUPPORT of First NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint of Plaintiff #27 Tortilla Factory, LLC filed by Defendant Better Booch, LLC. (De Castro, Jose-Manuel) |
| Filing 28 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint of Plaintiff #27 filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 27 First NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint of Plaintiff filed by Defendant Better Booch, LLC. Motion set for hearing on 11/26/2018 at 10:00 AM before Judge Christina A. Snyder. (De Castro, Jose-Manuel) |
| Filing 26 FIRST AMENDED COMPLAINT against Defendants Better Booch, LLC, DOES amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Tortilla Factory, LLC(Weisskopf, Stephen) |
| Filing 25 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE DEFENDANT BETTER BOOCH, LLCS MOTION TO DISMISS PLAINTIFFS COMPLAINT #15 . Defendants motion to dismiss is DENIED, on the grounds that Tortilla Factory lacks standing. In regard to both the relevant statute of limitations and the doctrine oflaches, the Court GRANTS defendants motion to dismiss with leave to amend.By alleging specific facts based on approved testing methodologies, the Court finds that plaintiff satisfied Rule 9(b). Therefore defendants motion to dismiss is DENIED as to each of Tortilla Factorys claims to the extent that they are premised upon Better Boochs alleged false representation of its products alcohol content.Better Boochs motion to dismiss is GRANTED without prejudice as to each of Tortilla Factorys claims to the extent to which they are premised upon Better Boochs alleged false sugar content representations. Defendants motion to dismiss is DENIED on the grounds that plaintiff seeks equitablerelief that is unavailable. Accordingly, he Court DISMISSES with leave to amend all claims against defendant distributors with leave to amend. Plaintiff shall file its amended complaint within 30 days of the date of this order. (lc) |
| Filing 24 SCHEDULING NOTICE VACATED by Judge Christina A. Snyder, previously scheduled for 7/23/2018 at 10:00 AM has been terminated. The Court finds this motion #19 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of 7/23/2018, is hereby vacated, and the matter is hereby taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 23 RESPONSE IN SUPPORT of First NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points& Authorities #15 Reply in Support of Motion to Dismiss Complaint filed by Defendants Better Booch, LLC, Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Los Angeles Distributing Company. (Attorney Jose-Manuel A De Castro added to party Hi-Touch Distribution, Inc.(pty:dft), Attorney Jose-Manuel A De Castro added to party KeHE Distributors, Inc.(pty:dft), Attorney Jose-Manuel A De Castro added to party Los Angeles Distributing Company(pty:dft))(De Castro, Jose-Manuel) |
| Filing 22 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points& Authorities #15 filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Notice: Certificate/Notice of Interested Parties. Notice (Other) #20 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice: Certificate/Notice of Interested Parties.. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 20 NOTICE Notice of Interested Party (Joinder) filed by Defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Los Angeles Distributing Company. (Minassian, Lori) |
| Filing 19 JOINDER in First NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points& Authorities #15 filed by Defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Los Angeles Distributing Company. (Attorney Lori V Minassian added to party Hi-Touch Distribution, Inc.(pty:dft), Attorney Lori V Minassian added to party KeHE Distributors, Inc.(pty:dft), Attorney Lori V Minassian added to party Los Angeles Distributing Company(pty:dft))(Minassian, Lori) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #17 . The following error(s) was/were found: Incomplete docket text: missing name of event and docket text content 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) |
| Filing 17 (Attorney Lori V Minassian added to party Better Booch, LLC(pty:dft))(Minassian, Lori) |
| Filing 16 Pursuant to Local Rule 7.1-1 NOTICE of Interested Parties filed by Defendant Better Booch, LLC, (De Castro, Jose-Manuel) |
| Filing 15 First NOTICE OF MOTION AND MOTION to Dismiss Case and Memorandum of Points& Authorities filed by Defendant Better Booch, LLC. (De Castro, Jose-Manuel) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to Better Booch, LLC answer now due 6/1/2018, filed by Defendant Better Booch, LLC.(Attorney Jose-Manuel A De Castro added to party Better Booch, LLC(pty:dft))(De Castro, Jose-Manuel) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #12 . The following error(s) was/were found: Filer selected incorrect system statute prompt of FRCP 5(b)(2)(D). Service of Process was NOT made on Clerk of US District Court. 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. (lc) |
| Filing 12 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Tortilla Factory, LLC, upon Defendant Hi-Touch Distribution, Inc. served on 5/16/2018, answer due 6/6/2018; KeHE Distributors, Inc. served on 5/17/2018, answer due 6/7/2018; Los Angeles Distributing Company served on 5/21/2018, answer due 6/11/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Weisskopf, Stephen (Weisskopf, Stephen) |
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Fernando M. Olguin, for the reasons set forth on this order. Related Case No. 2:17-cv-07539 FMO (GJSx) (esa)
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| Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #8 . The following error(s) was/were found: Filer selected incorrect Statute prompt as FRCP 5(b)(2)(D). Service of Process was NOT served on the Clerk of the US District Court. 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. (lc) |
| Filing 9 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 8 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Tortilla Factory, LLC, upon Defendant Better Booch, LLC served on 5/3/2018, answer due 5/24/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Weisskopf, Stephen (Weisskopf, Stephen) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Better Booch, LLC, Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Los Angeles Distributing Company and Reliant Food Services, Inc. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Steve Kim. (jtil) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Tortilla Factory, LLC (Weisskopf, Stephen) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 1 COMPLAINT Receipt No: 0973-21556667 - Fee: $400, filed by Plaintiff Tortilla Factory, LLC. (Attorney Stephen D Weisskopf added to party Tortilla Factory, LLC(pty:pla))(Weisskopf, Stephen) |
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