Luanny Cohen v. Ainsworth Pet Nutrition, LLC et al
| Luanny Cohen |
| The J.M. Smucker Company, Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company doing business as Smucker and Smuckers and Ainsworth Pet Nutrition, LLC doing business as Rachael Ray Nutrish |
| 2:2020cv05289 |
| June 12, 2020 |
| US District Court for the Central District of California |
| Fernando M Olguin |
| Alka Sagar |
| Mark C Scarsi |
| Personal Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 64 JUDGMENT by Judge Mark C. Scarsi: Defendants' Motion to Dismiss is GRANTED #62 , and judgment is entered against Plaintiff and for Defendants on all causes of action. Plaintiff shall take nothing from her action against Defendants and the action is DISMISSEDWITH PREJUDICE. (MD JS-6, Case Terminated). (lc) |
| Filing 63 NOTICE OF LODGING filed re Order on Motion to Dismiss Case #62 (Attachments: #1 Exhibit A - Proposed Judgment)(Rothstein, Ronald) |
Filing 62
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #53 by Judge Mark C. Scarsi: Plaintiff's claims are dismissed with prejudice and without leave to amend. Defendants shall file a proposed judgment within 14 days. (lc)
|
| Filing 61 NOTICE OF LODGING filed Redlined First Amended Complaint re Amended Complaint/Petition #47 (Attachments: #1 Exhibit A)(Marker, Caleb) |
| Filing 60 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court, on its own motion, sets a ZOOM Video hearing on the Motion to Dismiss Case (First Amended Complaint) (ECF No. #53 ) for January 11, 2021, at 9:00 a.m. before Judge Mark C. Scarsi. Call-in instructions will be emailed to everyone listed on the docket prior to the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
| Filing 59 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint #53 filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Rothstein, Ronald) |
| Filing 58 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint #53 filed by Plaintiff Luanny Cohen. (Marker, Caleb) |
| Filing 57 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. On the Court's own motion, the hearing on the Motion to Dismiss Case (ECF. No. #53 ) is advanced to January 11, 2021, at 9:00 a.m. before Judge Mark C. Scarsi. The briefing schedule previously ordered by the Court (ECF No. #52 ) remains in effect. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
|
Filing 56
ORDER DENYING STIPULATION TO EXTEND DEADLINES AND RESCHEDULE HEARING ON MOTION TO DISMISS #55 by Judge Mark C. Scarsi. (lom)
|
| Filing 55 STIPULATION for Order to Extend Deadlines and Reschedule Hearing on Motion to Dismiss filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Rothstein, Ronald) |
| Filing 54 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint #53 (with Exhibit 1) filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Rothstein, Ronald) |
| Filing 53 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. Motion set for hearing on 1/18/2021 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Ronald Rothstein in Support of Motion to Dismiss FAC, #2 Exhibits A-P to Rothstein Decl., #3 Exhibits Q-CC to Rothstein Decl., #4 Proposed Order) (Rothstein, Ronald) |
|
Filing 52
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE #51 by Judge Mark C. Scarsi: 1) Defendants shall move, answer, or otherwise respond to the FAC on or before December 7, 2020;2) In the event Defendants move to dismiss the FAC, Plaintiff shall file her opposition to Defendants' motion on or before December 21, 2020; 3) In the event Defendants move to dismiss the FAC, Defendants shall file any reply to Plaintiffs opposition to the motion to dismiss on or before January 4, 2021; and 4) In the event Defendants move to dismiss the FAC, the hearing shall be noticed for January 18, 2021. (lc)
|
| Filing 51 STIPULATION for Extension of Time to File Response to First Amended Complaint #47 , and Briefing Schedule filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Rothstein, Ronald) |
|
Filing 50
ORDER/REFERRAL to ADR Procedure No 3 by Judge Mark C. Scarsi. 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 11/1/21. (lc)
|
|
Filing 49
ORDER RE: JURY TRIAL - I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Mark C. Scarsi: Final Pretrial Conference set for 11/29//2021 02:00 PM. Jury Trial set for 12/14/2021 08:30. (SEE DOCUMENT RE SPECIFICS; AND ALL DEADLINES set forth in attached Schedule of Pretrial and Trial Dates chart). (lc)
|
| Filing 48 JOINT REPORT Rule 26(f) Discovery Plan Revised Joint Rule 26(f) Report filed by Plaintiff Luanny Cohen.. (Marker, Caleb) |
| Filing 47 FIRST AMENDED COMPLAINT against Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company amending Complaint - (Discovery),, filed by Plaintiff Luanny Cohen(Marker, Caleb) |
| Filing 46 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/26/2020 9:00 am re Transcript #45 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY |
| Filing 45 TRANSCRIPT for proceedings held on 10/26/2020 9:00 am. Court Reporter/Electronic Court Recorder: miriam baird, phone number mvb11893@aol.com. 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 11/18/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/26/2021. (Baird, Miriam) |
| Filing 44 TRANSCRIPT ORDER as to Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company for Court Reporter. Court will contact Patricia Waters at pwaters@winston.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Whipp, Megan) |
|
Filing 43
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS #28 by Judge Mark C. Scarsi: Plaintiff may file an amended complaint no later than November 9, 2020. if it can do so consistent with Federal Rule of Civil Procedure 11(b) and this Order. Failure to file a timely amended complaint will waive the right to do so. Leave to add new defendants or claims must be sought by a separate, properly noticed motion. (lc)
|
| Filing 42 MINUTES OF DEFENDANTS ' MOTION TO DISMISS #28 ; and SCHEDULING CONFERENCEheld before Judge Mark C. Scarsi: The motion hearing is held telephonically. Counsel, the Court, and court staff all appear in that manner. Recording or rebroadcasting of the proceedings is strictly prohibited. The motion hearing is held. The Court states its tentative views that it is inclined to grant in part Defendants' Motion to Dismiss and dismiss the Complaint with leave to amend. Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. The Court questions counsel about their proposed pretrial and trial schedule. The Court prefers a trial date in December 2021. For reasons stated on the record, the Court orders the parties to file a revised Joint Rule 26(f) by no later than November 9, 2020. Court Reporter: Miriam Baird. (lc) |
|
Filing 41
ORDER GRANTING APPLICATION of Non-Resident Attorney Melissa S. Weiner to Appear Pro Hac Vice on behalf of Plaintiff Luanny Cohen and designating Melissa S. Weiner as local counsel #40 by Judge Mark C. Scarsi (lc)
|
| Filing 40 APPLICATION of Non-Resident Attorney Melissa S. Weiner to Appear Pro Hac Vice on behalf of Plaintiff Luanny Cohen (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28681729) filed by Plaintiff Luanny Cohen. (Attachments: #1 Proposed Order) (Marker, Caleb) |
| Filing 39 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court, on its own motion, sets a telephonic hearing on the MOTION to Dismiss (Dkt. No. #28 ) and SCHEDULING CONFERENCE for October 26, 2020, at 9:00 a.m. before Judge Mark C. Scarsi. Call-in instructions will be emailed to everyone listed on the docket prior to the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
|
Filing 38
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI (SEE DOCUMENT FOR COMPLIANCE REQUIREMENTS AND SERVICE OF THIS ORDER ON ALL PARTIES BY PLAINTIFF OR DEFENDANT IF CASE CAME TO THE COURT AS A PETITION FOR REMOVAL) by Judge Mark C. Scarsi (lc)
|
|
Filing 37
TEXT ONLY (IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE AND SETTING HEARING ON MOTION TO DISMISS by Judge Mark C. Scarsi: The Court, on its own motion, continues the Scheduling Conference from October 22, 2020 to October 26, 2020, at 9:00 a.m. The Court also sets the Motion to Dismiss #28 for hearing at the same date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
|
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan (with Exhibit A) ; estimated length of trial 7 days, filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company.. (Rothstein, Ronald) |
|
Filing 35
ORDER OF THE CHIEF JUDGE (#20-142) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Mark C. Scarsi, this case is transferred from Judge Fernando M. Olguin to the calendar of Judge Mark C. Scarsi for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-05289 MCS(ASx). (rn)
|
| Filing 34 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #28 is taken off the 9/3/2020 calendar and placed under submission. No appearances are required on 9/3/2020. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 33 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #28 filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Rothstein, Ronald) |
| Filing 32 REQUEST FOR JUDICIAL NOTICE in Opposition to Defendants' Motion to Dismiss filed by Plaintiff Luanny Cohen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marker, Caleb) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #28 filed by Plaintiff Luanny Cohen. (Marker, Caleb) |
|
Filing 30
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 10/22/2020 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
|
| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof #28 with Exhibit 1 filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Rothstein, Ronald) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum of Points and Authorities in Support Thereof filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. Motion set for hearing on 9/3/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Sean Suber (with Exhibits A-M), #2 Proposed Order) (Rothstein, Ronald) |
|
Filing 27
MINUTES (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. The Motion #25 is denied. (vdr)
|
| Filing 26 REPLY filed by Plaintiff Luanny Cohen to Response #24 to Order to Show Cause re Remand (Marker, Caleb) |
| Filing 25 NOTICE OF MOTION AND MOTION for Extension of Time to File Response to Complaint Until 21 Days After the Court has Decided Whether It Has Subject Matter Jurisdiction [UNOPPOSED] filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. Motion set for hearing on 8/20/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Proposed Order Granting Motion for Extension) (Rothstein, Ronald) |
| Filing 24 RESPONSE filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Companyto Order to Show Cause, #23 re Remand (Rothstein, Ronald) |
|
Filing 23
(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin.No later than 7/13/2020, defendants shall show cause in writing why this actionshould not be remanded. Plaintiff shall file a reply to defendants OSC response no later than 7/20/2020. (vdr)
|
|
Filing 22
ORDER by Judge Fernando M. Olguin: granting #18 Non-Resident Attorney Sean H. Suber APPLICATION to Appear Pro Hac Vice on behalf of Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company, designating Megan Lee Whipp as local counsel. (lom)
|
|
Filing 21
ORDER by Judge Fernando M. Olguin: granting #17 Non-Resident Attorney Ronald Y Rothstein APPLICATION to Appear Pro Hac Vice on behalf of Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company, designating Megan Lee Whipp as local counsel. (lom)
|
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #16 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of 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) |
| Filing 19 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Sean H. Suber to Appear Pro Hac Vice on behalf of Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company #18 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): There is no GSC for Maryland. (lom) |
| Filing 18 APPLICATION of Non-Resident Attorney Sean H. Suber to Appear Pro Hac Vice on behalf of Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26888712) filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order) (Whipp, Megan) |
| Filing 17 APPLICATION of Non-Resident Attorney Ronald Y. Rothstein to Appear Pro Hac Vice on behalf of Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26888629) filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order) (Whipp, Megan) |
| Filing 16 NOTICE of Appearance filed by attorney Joseph C Bourne on behalf of Plaintiff Luanny Cohen (Attorney Joseph C Bourne added to party Luanny Cohen(pty:pla))(Bourne, Joseph) |
|
Filing 15
ORDER GRANTING STIPULATION #14 TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Judge Fernando M. Olguin. The deadline for Defendants to file their response to the Complaint is continued to and including August 3, 2020. (iv)
|
| Filing 14 Corrected STIPULATION for Extension of Time to File Answer to August 3, 2020 re Complaint - (Discovery), filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Whipp, Megan) |
| Filing 13 NOTICE OF ERRATA filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. correcting Stipulation to Extend Time to Answer (More than 30 days) #12 (Whipp, Megan) |
| Filing 12 STIPULATION for Extension of Time to File Answer to August 30, 2020 re Complaint - (Discovery), filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Whipp, Megan) |
| Filing 11 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 |
| Filing 10 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant The J.M. Smucker Company (Whipp, Megan) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Ainsworth Pet Nutrition, LLC (Whipp, Megan) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (car) |
| Filing 7 NOTICE OF CLERICAL ERROR: Due to clerical error Pro Hac Vice Application Due (G-109) - form, #6 was issued with the wrong date on the form. Please see attached Corrected G109 (Attachments: #1 Corrected G109 form) (car) |
| Filing 6 [NOTICE OF CLERICAL ERROR ISSUED ON 6/15/2020, SEE DOCKET ENTRY NO. 7] NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sean H. Suber. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) Modified on 6/15/2020 (car). Modified on 6/15/2020 (car). |
| Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ronald Y. Rothstein. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alka Sagar. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. Jury Demanded, filed by Plaintiff Luanny Cohen. Filed in State Court on 4/29/2020 Submitted with Attachment 1 Exhibit 1 to Notice of Removal #1 (car) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Ainsworth Pet Nutrition, LLC, The J.M. Smucker Company. (Whipp, Megan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV16789 Receipt No: ACACDC-26799250 - Fee: $400, filed by Defendants The J.M. Smucker Company, Ainsworth Pet Nutrition, LLC. (Attachments: #1 Exhibit 1 - Class Action Complaint, #2 Declaration of Andrew Hodges) (Attorney Megan Lee Whipp added to party Ainsworth Pet Nutrition, LLC(pty:dft), Attorney Megan Lee Whipp added to party The J.M. Smucker Company(pty:dft))(Whipp, Megan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
