Alexis Leah Freeman Gibson v. Consumer Testing Laboratories, Inc. et al
| Alexis Leah Freeman Gibson |
| Robert Burgess doing business as Burgess Group also known as BOB BURGESS AND ASSOCIATES, Consumer Testing Laboratories, Inc., UL VERIFICATION SERVICES, INC., EARTHBOUND LICENSING, LLC, EARTHBOUND, LLC, EARTHBOUND PW LLC, BOB BURGESS AND ASSOCIATES, Melissa Metcalfe, Mane USA, Inc., GALA NORTH AMERICA, INC. and John Does 1 - 10 |
| 5:2024cv00870 |
| April 24, 2024 |
| US District Court for the Central District of California |
| Eastern Division - Riverside Office |
| Jesus G Bernal |
| David T Bristow |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 110
ORIGINAL file, certified copy of transfer order and docket sheet received from Arkansas Western
|
|
Filing 109
OPINION AND ORDER granting in part and denying in part without prejudice #62 Motion to Dismiss, Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint; denying without prejudice #65 Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint; finding as moot #106 Motion for Leave to File Sur-Reply. ORDER TRANSFERRING CASE to the USDC - Central District of California (Eastern Division - Riverside). Docket Sheet and case documents sent to receiving court. See Order for Specifics. Signed by Honorable Timothy L. Brooks on April 23, 2024. (bjb) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 108
ORDER granting #98 Motion for Summary Judgment; Defendant UL Verification Services, Inc., is DISMISSED WITH PREJUDICE. Signed by Honorable Timothy L. Brooks on November 9, 2023. (lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 107
THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT - PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR-REPLY TO GALA NORTH AMERICA INC.'S MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT - by Alexis Leah Freeman Gibson. An Order was entered on 9/25/2023 allowing the document(s) to be filed under seal. This docket entry is related to #106 MOTION for Leave to File Sur-Reply to Gala North America, Inc's Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint. (Attachments: #1 Exhibit A - (FULL UNDER SEAL) Plaintiffs' Sur-Reply to Gala North America, Inc.'s Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint, #2 Exhibit 1 - UNDER SEAL, #3 Exhibit 2 - UNDER SEAL, #4 Exhibit 3 - UNDER SEAL, #5 Exhibit 4 - UNDER SEAL, #6 Exhibit 5 - UNDER SEAL, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - UNDER SEAL, #13 Exhibit 12 - UNDER SEAL, #14 Exhibit 13 - UNDER SEAL, #15 Exhibit 14 - UNDER SEAL, #16 Exhibit 15 - UNDER SEAL, #17 Exhibit 16 - UNDER SEAL, #18 Exhibit 17 - UNDER SEAL, #19 Exhibit 18 - UNDER SEAL, #20 Exhibit 19 - UNDER SEAL, #21 Exhibit 20 - UNDER SEAL, #22 Exhibit 21 - UNDER SEAL, #23 Exhibit 22 - UNDER SEAL, #24 Exhibit 23 - UNDER SEAL, #25 Exhibit 24 - UNDER SEAL, #26 Exhibit 25 - UNDER SEAL, #27 Exhibit 26 - UNDER SEAL, #28 Exhibit 27 - UNDER SEAL, #29 Exhibit 28 - UNDER SEAL, #30 Exhibit 29 - UNDER SEAL, #31 Exhibit 30 - UNDER SEAL, #32 Exhibit 31 - UNDER SEAL, #33 Exhibit B - Revised Joint Stipulation for Protective Order - Doc. 68 in CA Action) (Holcomb, Michael) Modified on 11/1/2023 (bjb). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 106
MOTION for Leave to File Sur-Reply to Gala North America, Inc's Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit A - (REDACTED UNDER SEAL) Plaintiffs' Sur-Reply to Gala North America, Inc.'s Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint, #2 Exhibit 1 - UNDER SEAL, #3 Exhibit 2 - UNDER SEAL, #4 Exhibit 3 - UNDER SEAL, #5 Exhibit 4 - UNDER SEAL, #6 Exhibit 5 - UNDER SEAL, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - UNDER SEAL, #13 Exhibit 12 - UNDER SEAL, #14 Exhibit 13 - UNDER SEAL, #15 Exhibit 14 - UNDER SEAL, #16 Exhibit 15 - UNDER SEAL, #17 Exhibit 16 - UNDER SEAL, #18 Exhibit 17 - UNDER SEAL, #19 Exhibit 18 - UNDER SEAL, #20 Exhibit 19 - UNDER SEAL, #21 Exhibit 20 - UNDER SEAL, #22 Exhibit 21 - UNDER SEAL, #23 Exhibit 22 - UNDER SEAL, #24 Exhibit 23 - UNDER SEAL, #25 Exhibit 24 - UNDER SEAL, #26 Exhibit 25 - UNDER SEAL, #27 Exhibit 26 - UNDER SEAL, #28 Exhibit 27 - UNDER SEAL, #29 Exhibit 28 - UNDER SEAL, #30 Exhibit 29 - UNDER SEAL, #31 Exhibit 30 - UNDER SEAL, #32 Exhibit 31 - UNDER SEAL, #33 Exhibit B - Revised Joint Stipulation for Protective Order - Doc. 68 in CA Action)(Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 105
STATUS REPORT - JOINT STATUS REPORT by Alexis Leah Freeman Gibson. (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 104
NOTICE by Alexis Leah Freeman Gibson re #101 Sealed Document,,,,,, Plaintiffs' Notice of Non-Opposition to UL's Motion for Summary Judgment (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 103
THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED - STATEMENT OF UNDISPUTED FACTS (UNREDACTED) by UL Verification Services, Inc.. An Order was entered on 9/25/2023 allowing the document(s) to be filed under seal. This docket entry is related to #100 Statement of Facts. (Browning, Michelle) Modified on 10/10/2023 (slc). Modified on 10/10/2023 (src). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 102
THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED - BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (UNREDACTED) by UL Verification Services, Inc.. An Order was entered on 9/25/2023 allowing the document(s) to be filed under seal. This docket entry is related to #99 Memorandum Brief in Support. (Browning, Michelle) Modified on 10/10/2023 (slc). Modified on 10/10/2023 (src). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 101
THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED - MOTION FOR SUMMARY JUDGMENT (UNREDACTED) by UL Verification Services, Inc.. An Order was entered on 9/25/2023 allowing the document(s) to be filed under seal. This docket entry is related to #98 MOTION for Summary Judgment . (Attachments: #1 A copy of the contract between UL and Walmart, #2 A copy of the Hardlines Test Request for pre-production testing related to the Subject Aromatherapy Product, #3 A copy of the Hardlines Test Request for production testing related to the Subject Aromatherapy Product, #4 A copy of the Pre-Production-Full Testing report related to the product line that included the Subject Aromatherapy Product, #5 A copy of the Pre-Production-Limited Testing report related to the Subject Aromatherapy Product, #6 A copy of the Production-Full Testing report related to the product line that included the Subject Aromatherapy Product, #7 A copy of the Production-Limited Testing report related to the Subject Aromatherapy Product, #8 A copy of the Safety Data Sheet provided by the product supplier for the Subject Aromatherapy Product, #9 A copy of the Hazardous Ingredient Identification list provided by the product supplier for the Subject Aromatherapy Product, #10 A copy of the Certification of TSCA Compliance provided by the product supplier for the Subject Aromatherapy Product) (Browning, Michelle) Modified on 10/10/2023 (slc). Modified on 10/10/2023 (src). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 100
STATEMENT OF FACTS in support of #98 MOTION for Summary Judgment by UL Verification Services, Inc.. (Browning, Michelle) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 99
MEMORANDUM BRIEF in Support of #98 MOTION for Summary Judgment by UL Verification Services, Inc.. (Browning, Michelle) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 98
MOTION for Summary Judgment by UL Verification Services, Inc.. (Attachments: #1 A copy of the contract between UL and Walmart, #2 A copy of the Hardlines Test Request for pre-production testing related to the Subject Aromatherapy Product, #3 A copy of the Hardlines Test Request for production testing related to the Subject Aromatherapy Product, #4 A copy of the Pre-Production-Full Testing report related to the product line that included the Subject Aromatherapy Product, #5 A copy of the Pre-Production-Limited Testing report related to the Subject Aromatherapy Product, #6 A copy of the Production-Full Testing report related to the product line that included the Subject Aromatherapy Product, #7 A copy of the Production-Limited Testing report related to the Subject Aromatherapy Product, #8 A copy of the Safety Data Sheet provided by the product supplier for the Subject Aromatherapy Product, #9 A copy of the Hazardous Ingredient Identification list provided by the product supplier for the Subject Aromatherapy Product, #10 A copy of the Certification of TSCA Compliance provided by the product supplier for the Subject Aromatherapy Product)(Browning, Michelle) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 97
CLERK'S ORDER Dismissing Party: re #96 Stipulation filed by Alexis Leah Freeman Gibson. Party Melissa Metcalfe Terminated. (bjb) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 96
STIPULATION of Dismissal of Defendant Metcalfe without Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Alexis Leah Freeman Gibson. (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 95
TEXT ONLY ORDER finding that Consumer Testing Laboratories, Inc. is DISMISSED WITHOUT PREJUDICE. Counsel for the relevant parties stipulated on the record that Consumer Testing Laboratories, Inc. was merged into UL Verification Services, Inc. in 2019. The Clerk of Court is DIRECTED to amend the docket accordingly. Signed by Honorable Timothy L. Brooks on October 3, 2023. (nma) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 94
TEXT ONLY ORDER instructing counsel to meet, confer, and provide to the Court a joint status report regarding the parties' positions on an agreed transfer to the Central District of California by October 30, 2023. Signed by Honorable Timothy L. Brooks on October 3, 2023. (nma) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 93
NOTICE of Appearance by Scott Elder on behalf of Melissa Metcalfe. (Elder, Scott) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 92
TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 9/28/2023. (Paula Barden-Court Reporter) (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 91
REPLY to Response to Motion re #62 MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint filed by Mane USA, Inc.. (Attachments: #1 Exhibit CA Order, #2 Exhibit Pls 3rd Amd Cmplt in CA)(Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 90
REPLY to Response to Motion re #65 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) filed by Gala North America, Inc.. (Attachments: #1 Exhibit Declaration of Gino Biondi)(Watts, Peyton) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 89
TEXT ONLY ORDER GRANTING #87 Defendant Gala North America, Inc.'s Motion for Leave to File Reply in Support of its Motion to Dismiss and Motion to Strike. Defendant Gala North America, Inc. should file its Reply by no later than Noon on September 28, 2023. Signed by Honorable Timothy L. Brooks on September 28, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 88
TEXT ONLY ORDER GRANTING #86 Defendant Mane USA, Inc.'s Motion for Leave to File a Reply in Support of its Motion to Dismiss, Motion to Strike, and/or Motion to Transfer. Defendant Mane USA, Inc. should file its Reply by no later than Noon on September 28, 2023. Signed by Honorable Timothy L. Brooks on September 28, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 87
MOTION for Leave to File Reply in Support of Its Motion to Dismiss and Motion to Strike Plaintiff's First Amended Complaint by Gala North America, Inc.. (Attachments: #1 Exhibit A - Reply Brief in Support of Defendant Gala North America, Inc.s Motion to Dismiss and Motion to Strike Plaintiffs First Amended Complaint, #2 Affidavit Declaration of Gino Biondi in Support of Defendant Gala North America, Inc.s Reply in Support of its Motion to Dismiss and Motion to Strike Plaintiffs First Amended Complaint, #3 Exhibit 1 to Declaration of Gino Biondi)(O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 86
MOTION for Leave to File a Reply Brief in Support of Its Motion to Dismiss, Motion to Strike, and/or Motion to Transfer by Mane USA, Inc.. (Attachments: #1 Exhibit Reply in Supp of Mtn to Dismiss, #2 Exhibit 1 to Reply - CA Order, #3 Exhibit 2 to Reply - Pls' 3rd Am Cmplt (CA))(Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 85
NOTICE by Alexis Leah Freeman Gibson Certificate of Service for Plaintiffs' Initial Disclosures (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 84
TEXT ONLY ORDER GRANTING #82 Motion to Appear Pro Hac Vice. SCOTT A. ELDER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on September 26, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 83
PROTECTIVE ORDER. Signed by Honorable Timothy L. Brooks on September 25, 2023. (bjb) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 82
MOTION for Attorney Scott A. Elder to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2845784) by Melissa Metcalfe. (Younger, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 81
NOTICE of Appearance by Caitlyn M Barnes on behalf of Mane USA, Inc.. (Barnes, Caitlyn) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 80
TEXT ONLY ORDER GRANTING #79 Motion to Appear Pro Hac Vice. CAITLYN M. BARNES is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on September 21, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 79
MOTION for Attorney Caitlyn M. Barnes to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2844457) by Mane USA, Inc.. (Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 78
RESPONSE IN OPPOSITION TO Motion re #65 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 77
JOINT REPORT of Rule 26(f) Planning Meeting by Alexis Leah Freeman Gibson. (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 76
RESPONSE IN OPPOSITION TO Motion re #62 MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 75
Corporate Disclosure Statement by Mane USA, Inc.. (Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 74
Corporate Disclosure Statement by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 73
Corporate Disclosure Statement by Robert Burgess. (McElroy, Jacob) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 72
Corporate Disclosure Statement by Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Singleton, Jeffrey) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 71
TEXT ONLY ORDER withdrawing #7 Motion to Remand. See #68 . Signed by Honorable Timothy L. Brooks on September 6, 2023. (ee) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 70
NOTICE by Melissa Metcalfe. (Younger, Robert) Modified on 9/7/2023 to correct event and docket text (bjb). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 69
NOTICE by Alexis Leah Freeman Gibson Plaintiff Alexis Leah Freeman Gibson's Rule 7.1 Disclosure Statement (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 68
NOTICE by Alexis Leah Freeman Gibson re #7 MOTION to Remand Notice of Withdrawal of Motion to Remand (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 67
Defendant Melissa Metcalfe's ANSWER to #56 Amended Complaint, by Melissa Metcalfe.(Younger, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 66
MEMORANDUM BRIEF in Support of #65 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) by Gala North America, Inc.. (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 65
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #56 Amended Complaint, (Defendant Gala North America, Inc.'s Motion To Dismiss And Motion To Strike Plaintiffs' First Amended Complaint) by Gala North America, Inc.. (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 64
ANSWER to #56 Amended Complaint, with Jury Demand by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC.(Dodson, Richard) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 63
MEMORANDUM BRIEF in Support of #62 MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint by Mane USA, Inc.. (Attachments: #1 Exhibit Calif Third Amnd Complaint)(Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 62
MOTION to Dismiss , Motion to Strike, or in the Alternative, Motion to Transfer Plaintiff's First Amended Complaint by Mane USA, Inc.. (Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 61
ANSWER to #56 Amended Complaint, with Jury Demand by Consumer Testing Laboratories, Inc., UL Verification Services, Inc..(Singleton, Jeffrey) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 60
ANSWER to #56 Amended Complaint, with Jury Demand by Robert Burgess.(McElroy, Jacob) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 59
TEXT ONLY ORDER finding as moot #52 Motion to Dismiss Party due to the filing of an amended complaint. Signed by Honorable Timothy L. Brooks on August 23, 2023. (ee) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 58
TEXT ONLY ORDER finding as moot #42 Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction and Motion to Strike due to the filing of an amended complaint. Signed by Honorable Timothy L. Brooks on August 23, 2023. (ee) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 57
NOTICE by Gala North America, Inc. re #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, (Notice Of Withdrawal Of Defendant Gala North America, Inc.s Motion To Dismiss And Motion To Strike Plaintiffs Complaint [Dkt. No. 42]) (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 56
AMENDED COMPLAINT with Jury Demand as to #4 Complaint, against All Defendants , filed by Alexis Leah Freeman Gibson. Related document: #4 Complaint, filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit A - Order Appointing Ancillary Personal Representative, #2 Exhibit B - Affidavit of Bill Reynolds)(Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 55
RESPONSE IN OPPOSITION TO Motion re #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, filed by Alexis Leah Freeman Gibson. (Attachments: #1 Exhibit Exhibit 1 - Gala Group Website, #2 Exhibit Exhibit 2 - Walmart ROG Responses, #3 Exhibit Exhibit 3 - Metcalfe LinkedIn, #4 Exhibit Exhibit 4 - Flora Disclosures, #5 Exhibit Exhibit 5 - Biondi LinkedIn, #6 Exhibit Exhibit 6 - Christensen LinkedIn, #7 Exhibit Exhibit 7 - Cunningham Resume, #8 Exhibit Exhibit 8 - Cunningham LinkedIn, #9 Exhibit Exhibit 9 - Oliver LinkedIn)(Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 54
ANSWER to #4 Complaint, with Jury Demand by Consumer Testing Laboratories, Inc., UL Verification Services, Inc..(Singleton, Jeffrey) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 53
MEMORANDUM BRIEF in Support of #52 MOTION to Dismiss Party , Motion to Strike, and, in the Alternative, Motion to Transfer Plaintiffs' Complaint, #4 Complaint, by Mane USA, Inc.. (Attachments: #1 Exhibit 3rd Amnd Complaint - Gibson v. Wal-Mart, USDC Central CA)(Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 52
MOTION to Dismiss Party , Motion to Strike, and, in the Alternative, Motion to Transfer Plaintiffs' Complaint by Mane USA, Inc.. (Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 51
INITIAL SCHEDULING ORDER: Case Management Hearing set for 9/28/2023 01:30 PM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 9/19/2023. Signed by Honorable Timothy L. Brooks on August 14, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 50
NOTICE of Appearance by Thad Montgomery Barnes on behalf of Mane USA, Inc.. (Barnes, Thad) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 49
TEXT ONLY ORDER GRANTING #48 Motion to Appear Pro Hac Vice. THAD M. BARNES is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 14, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 48
MOTION for Attorney Thad M. Barnes to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2820108) by Mane USA, Inc.. (Schrack, Andrew) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 47
NOTICE of Appearance by Kathryn K. Van Namen on behalf of Mane USA, Inc.. (Van Namen, Kathryn) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 46
NOTICE of Appearance by Andrew B Schrack on behalf of Mane USA, Inc.. (Schrack, Andrew) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 45
TEXT ONLY ORDER GRANTING #44 Unopposed Motion for Extension of Time for Melissa Metcalfe to Respond to Plaintiff's Complaint. NOTE: Separate Defendant Melissa Metcalfe's responsive pleading must be filed on or before SEPTEMBER 1, 2023. Signed by Honorable Timothy L. Brooks on August 10, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 44
Unopposed MOTION for Extension of Time to File Answer re #4 Complaint, by Melissa Metcalfe. (Younger, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 43
MEMORANDUM BRIEF in Support of #42 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike #4 Complaint, by Gala North America, Inc.. (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 42
MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Strike #4 Complaint, by Gala North America, Inc.. (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 41
NOTICE of Appearance by Richard Nash Dodson on behalf of Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Richard) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 40
***PLEASE DISREGARD FILED UNDER INCORRECT ATTORNEY***NOTICE of Appearance by Robert Edwin Dodson on behalf of Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC. (Dodson, Robert) Modified on 8/7/2023 (lgd). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 39
NOTICE of Appearance by Michael Alan Holcomb on behalf of All Plaintiffs. (Holcomb, Michael) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 38
NOTICE of Appearance by Max Rubinson on behalf of All Plaintiffs. (Rubinson, Max) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 37
NOTICE of Appearance by Ashley Gowder Mitchell on behalf of All Plaintiffs. (Mitchell, Ashley) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 36
RESPONSE IN OPPOSITION TO Motion re #7 MOTION to Remand filed by Gala North America, Inc.. (Attachments: #1 Declaration Of Arameh Zargham O'Boyle In Support Of Opposition To Plaintiffs' Motion To Remand)(O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 35
NOTICE of Appearance by Robert Ryan Younger on behalf of Melissa Metcalfe. (Younger, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 34
TEXT ONLY ORDER GRANTING #25 Motion to Appear Pro Hac Vice. MAX RUBINSON is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 33
TEXT ONLY ORDER GRANTING #24 Motion to Appear Pro Hac Vice. ALAN HOLCOMB is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 32
TEXT ONLY ORDER GRANTING #23 Motion to Appear Pro Hac Vice. ASHLEY MITCHELL is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on August 4, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 31
NOTICE by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC Consent to Removal (Dodson, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 30
TEXT ONLY ORDER GRANTING #27 Motion for Extension of Time to File Responsive Pleading. Separate Defendants Consumer Testing Laboratories, Inc. and UL Verification Services, Inc. must file their responsive pleading on or before AUGUST 21, 2023. Signed by Honorable Timothy L. Brooks on August 3, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 29
NOTICE of Appearance by Jeffrey L. Singleton on behalf of Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Singleton, Jeffrey) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 28
ANSWER to #4 Complaint, with Jury Demand by Earthbound Licensing, LLC, Earthbound PW LLC, Earthbound, LLC.(Dodson, Robert) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 27
Unopposed MOTION for Extension of Time to File Answer by Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Browning, Michelle) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 26
NOTICE of Appearance by Michelle L. Browning on behalf of Consumer Testing Laboratories, Inc., UL Verification Services, Inc.. (Browning, Michelle) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 25
MOTION for Attorney Max Rubinson to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814579) by Alexis Leah Freeman Gibson. (Reynolds, Bill) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 24
MOTION for Attorney Alan Holcomb to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814571) by Alexis Leah Freeman Gibson. (Reynolds, Bill) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 23
MOTION for Attorney Ashley Mitchell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2814552) by Alexis Leah Freeman Gibson. (Reynolds, Bill) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 22
NOTICE of Appearance by Daniel Herling on behalf of Gala North America, Inc.. (Herling, Daniel) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 21
ANSWER to #4 Complaint, Answer on Behalf of Robert Burgess d/b/a Burgess Group a/k/a Bob Burgess and Associates by Robert Burgess.(Miller, Stuart) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 20
NOTICE by Robert Burgess Consent to Removal by Defendant Robert Burgess D/B/A Burgess Group A/K/A Bob Burgess and Associates (Miller, Stuart) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 19
NOTICE of Appearance by Paige E. Adaskaveg on behalf of Gala North America, Inc.. (Adaskaveg, Paige) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 18
NOTICE of Appearance by Jacob McElroy on behalf of Robert Burgess. (McElroy, Jacob) (Main Document 18 replaced on 8/2/2023) (bjb). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 17
***DISREGARD - FILED IN ERROR*** NOTICE of Appearance by Stuart P. Miller on behalf of Robert Burgess. (Miller, Stuart) Modified on 8/2/2023 (bjb). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 16
NOTICE of Appearance by Stuart P. Miller on behalf of Robert Burgess. (Miller, Stuart) (Main Document 16 replaced on 8/2/2023) (bjb). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 15
NOTICE of Appearance by Arameh Zargham O'Boyle on behalf of Gala North America, Inc.. (O'Boyle, Arameh) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 14
TEXT ONLY ORDER GRANTING #11 Motion to Appear Pro Hac Vice. PAIGE E. ADASKAVEG is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 13
TEXT ONLY ORDER GRANTING #10 Motion to Appear Pro Hac Vice. DANIEL J. HERLING is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 12
TEXT ONLY ORDER GRANTING #9 Motion to Appear Pro Hac Vice. ARAMEH ZARGHAM O'BOYLE is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on July 27, 2023. (slc) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 11
MOTION for Attorney Paige E. Adaskaveg to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809723) by Gala North America, Inc.. (Watts, Peyton) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 10
MOTION for Attorney Daniel J. Herling to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809716) by Gala North America, Inc.. (Watts, Peyton) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 9
MOTION for Attorney Arameh Zargham O'Boyle to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2809693) by Gala North America, Inc.. (Watts, Peyton) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 8
MEMORANDUM BRIEF in Support of #7 MOTION to Remand by Alexis Leah Freeman Gibson. (Reynolds, Bill) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 7
***WITHDRAWN PER TEXT ONLY ORDER 71 DATED 9/6/2023***MOTION to Remand by Alexis Leah Freeman Gibson. (Reynolds, Bill) Modified text on 9/7/2023 (lgd). [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 6
Corporate Disclosure Statement by Gala North America, Inc.. (Carroll, James) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 5
Magistrate Notice/Consent Form furnished. (lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 4
STATE COURT COMPLAINT with Jury Demand and summons issued against Robert Burgess, Consumer Testing Laboratories, Inc., EARTHBOUND LICENSING, LLC, EARTHBOUND PW LLC, EARTHBOUND, LLC, GALA NORTH AMERICA, INC., John Does 1 - 10, Mane USA, Inc., Melissa Metcalfe, UL VERIFICATION SERVICES, INC., filed by Alexis Leah Freeman Gibson.(lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 3
DEMAND for Trial by Jury by GALA NORTH AMERICA, INC. (lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 2
CIVIL COVER SHEET by GALA NORTH AMERICA, INC. (lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Filing 1
NOTICE OF REMOVAL from Benton County Circuit Court, case number 04CV-23-1831, filed by GALA NORTH AMERICA, INC. (Attachments: #1 Exhibit A STATE COURT COMPLAINT documents, #2 Exhibit B Declaration of Arameh ZARGHAM OBOYLE IN SUPPORT OF NOTICE OF REMOVAL OF ACTION(lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #1 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 7/19/2023 (lgd) [Transferred from Arkansas Western on 4/25/2024.]
|
|
Notice of Removal filing fee paid re #1 Notice of Removal, : $ 402, receipt number AARWDC-2805069.. (Carroll, James) [Transferred from Arkansas Western on 4/25/2024.]
|
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.
