David Callaway et al v. Anheuser-Busch Companies, LLC et al
| David Callaway, Nathan Ross and Khanh Quock Le |
| Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC, Does 1 through 100, inclusive and Does 1 through 10, inclusive |
| 2:2024cv00704 |
| January 25, 2024 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| John F Walter |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal - Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Change of address by Alex Edwin Spjute attorney for Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. Changing attorneys address to 1900 Avenue of Stars, Suite 2700, Los Angeles, CA 90067. Filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Spjute, Alex) |
| Filing 41 NOTICE of Change of Attorney Business or Contact Information: for attorney David H. Stern counsel for Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. Changing address to 1900 Avenue of the Stars, Suite 2700, Los Angeles, CA 90067. Filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
Filing 40
MINUTES (IN CHAMBERS) ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS [filed 2/12/24; Docket No. #14 ]; and ORDER GRANTING DEFENDANTS MOTION TO COMPEL ARBITRATION OF INDIVIDUAL CLAIMS AND DISMISS PUTATIVE CLASS ACTION PROCEEDINGS [filed 2/12/24; Docket No. #15 ] by Judge John F. Walter. Defendants' Motion is GRANTED. This action is STAYED pending the outcome of the arbitration. The Clerk is ordered to administratively close this action. Defendants' Motion to Dismiss is DENIED as moot. (iv)
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Filing 39
MINUTE (IN CHAMBERS) DISCHARGE OF ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge John F. Walter. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. (iv)
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| Filing 38 RESPONSE filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLCto Order to Show Cause, #37 (Attachments: #1 Ex A - Declaration of James Mathis in Support)(Stern, David) |
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Filing 37
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION by Judge John F. Walter. Defendants are ordered to show cause, in writing, no later than March 18, 2024, why minimal diversity exists under CAFA and why this action should not be remanded to Los Angeles Superior Court for lack of subject matter jurisdiction. (iv)
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Filing 36
MINUTE (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS' MOTION TO DISMISS [filed 2/12/24; Docket No. #14 ]; and ORDER TAKING UNDER SUBMISSION DEFENDANTS' MOTION TO COMPEL ARBITRATION OF INDIVIDUAL CLAIMS AND DISMISS PUTATIVE CLASS ACTION PROCEEDINGS [filed 2/12/24; Docket No. #15 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for March 11, 2024 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 35 NOTICE OF LODGING filed [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Compel Arbitration #15 (Attachments: #1 Proposed Statement of Decision)(Rodriguez, Christopher) |
| Filing 34 NOTICE OF LODGING filed [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 (Attachments: #1 Proposed Statement of Decision)(Rodriguez, Christopher) |
| Filing 33 NOTICE OF LODGING filed of (Proposed) Statement of Decision re NOTICE OF MOTION AND MOTION to Compel Arbitration #15 (Attachments: #1 (Proposed) Statement of Decision on Defendants' Motion to Compel Arbitration of Individual Claims and Dismiss Putative Class Action Proceedings)(Stern, David) |
| Filing 32 NOTICE OF LODGING filed of (Proposed) Statement of Decision re NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 (Attachments: #1 (Proposed) Statement of Decision on Defendants' Motion to Dismiss)(Stern, David) |
| Filing 31 DECLARATION of David H. Stern /Declaration of Lead Trial Counsel for Defendants filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
| Filing 30 Objection in support re: NOTICE OF MOTION AND MOTION to Compel Arbitration #15 , NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 /Defendants' Objection to Plaintiffs' Requests for Judicial Notice filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
| Filing 29 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Compel Arbitration #15 /Defendants' Reply in Support of Motion to Compel Arbitration of Individual Claims and Dismiss Putative Class Action Proceedings filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
| Filing 28 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 /Defendants' Reply in Support of Their Motion to Dismiss Plaintiffs' Complaint filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
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Filing 27
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Adam Simon to Appear Pro Hac Vice on behalf of Defendant Anheuser Bush Co., et al., designating David Stern as local counsel #18 . (iv)
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Filing 26
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney James Bennett to Appear Pro Hac Vice on behalf of Defendant Anheuser Bush Co., et al., designating David Stern as local counsel #17 . (iv)
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Filing 25
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 5/9/2025 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 5/16/2025 at 8:00 AM. Jury Trial set for 5/27/2025 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 24
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on March 4, 2024 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: January 13, 2025. (iv)
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| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #15 OPPOSITION filed by Plaintiffs David Callaway, Khanh Quock Le, Nathan Ross. (Attachments: #1 Exhibit A: Screenshots taken from the website showing convenience, #2 Exhibit B: Terms of Services)(Rodriguez, Christopher) |
| Filing 22 OPPOSITION In Opposition re: NOTICE OF MOTION AND MOTION to Compel Arbitration #15 filed by Plaintiffs David Callaway, Khanh Quock Le, Nathan Ross. (Rodriguez, Christopher) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 filed by Plaintiffs David Callaway, Khanh Quock Le, Nathan Ross. (Attachments: #1 Exhibit A: Screenshots taken from the website showing convenience, #2 Exhibit B: Screenshots taken from the website showing domain ownership, #3 Exhibit C: Terms of Services, #4 Exhibit D: Article re Enactment of CA. Civil. Code 1670.8, #5 Exhibit E: Legislative History of CA Civil Code 1670.8)(Rodriguez, Christopher) |
| Filing 20 OPPOSITION In Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 filed by Plaintiffs David Callaway, Khanh Quock Le, Nathan Ross. (Rodriguez, Christopher) |
| Filing 19 JOINT REPORT Rule 26(f) Discovery Plan /Joint Report Regarding Rule 26 and Local Rule 26-1 Conference ; estimated length of trial 5 days, filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC.. (Stern, David) |
| Filing 18 APPLICATION of Non-Resident Attorney Adam J. Simon to Appear Pro Hac Vice on behalf of Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36932459) filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Attachments: #1 Proposed Order) (Stern, David) |
| Filing 17 APPLICATION of Non-Resident Attorney James J. Bennett to Appear Pro Hac Vice on behalf of Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36932356) filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Attachments: #1 Proposed Order) (Stern, David) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Compel Arbitration #15 , NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof #14 filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Attachments: #1 Exhibit 1: Anheuser-Busch Terms and Conditions, #2 Exhibit 2: JAMS Comprehensive Arbitration Rules and Procedures)(Stern, David) |
| Filing 15 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. Motion set for hearing on 3/11/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Stern, David) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case /Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. Motion set for hearing on 3/11/2024 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order Proposed Order) (Stern, David) |
| Filing 13 STATEMENT Joint Statement Confirming LR 7-3 and Standing Order Compliance filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC (Spjute, Alex) |
| Filing 12 PROOF OF SERVICE filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC, re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Initial Order upon Filing of Complaint - form only #9 served on 02/01/2024. (Spjute, Alex) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Anheuser-Busch Companies, LLC answer now due 2/12/2024; Anheuser-Busch, LLC answer now due 2/12/2024, filed by Defendants Anheuser-Busch Companies, LLC; Anheuser-Busch, LLC.(Stern, David) |
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Filing 10
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 4, 2024 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 16, 2024. (iv)
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Filing 9
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 8 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 100, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Pedro V. Castillo. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC, Does 1 through 100, inclusive. Jury Demanded., filed by plaintiffs David Callaway, Khanh Quock Le, Nathan Ross. (FILED IN STATE COURT ON 12/20/2023 SUBMITTED ATTACHED EXHIBIT 2) (ghap) |
| Filing 4 Notice of Interested Parties and Corporate Disclosure Statement/ NOTICE of Interested Parties filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC, identifying Plaintiff David Callaway; Plaintiff Nathan Ross; Plaintiff Khanh Quock Le; Defendant Anheuser-Busch, LLC (wholly owned subsidiary of Defendant Anheuser-Busch Companies, LLC); Defendant Anheuser-Busch Companies, LLC; Anheuser-Busch InBev Worldwide, Inc. (direct parent of Defendant Anheuser-Busch Companies, LLC); Anheuser-Busch InBev SA/NV (indirect parent of Anheuser-Busch InBev Worldwide, Inc.). (Stern, David) |
| Filing 3 DECLARATION of James Mathis re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Stern, David) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV31182 Receipt No: ACACDC-36796296 - Fee: $405, filed by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Notice of Case Assignment, #4 Exhibit 4 - Court Order re Newly Assigned Case, #5 Exhibit 5 - Notice of Filing of Notice of Removal) (Attorney David H. Stern added to party Anheuser-Busch Companies, LLC(pty:dft), Attorney David H. Stern added to party Anheuser-Busch, LLC(pty:dft))(Stern, David) |
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