Jacob Petersen, et al v. Costco Wholesale Co., Inc., et al
Plaintiff: Jenabe Caldwell, Jacob Petersen, Aerol Paden, Andrea Medrano, Frances Seward, David Troutman, Suzanne Faber, Amy Paden, Anthony McConaghy, Thomas Fiore, Gayle Prather, Motoko Caldwell, Jay Sewards, Leslie Straka, Leslie Lee and Christopher Mason
Defendant: Townsend Farms Inc, Purely Pomegranate Inc, Does 1-10 inclusive, Costco Wholesale Co., Inc., Fallon Trading Co Inc and United Juice Corp
3Rd Party Defendant: Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S., MOES and Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S. doing business as Goknur Foodstuffs Import Export Trading and Production Co.
Case Number: 8:2013cv01292
Filed: August 22, 2013
Court: US District Court for the Central District of California
Presiding Judge: David O Carter
Referring Judge: Jay C Gandhi
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1446 Notice of Removal - Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2020 Opinion or Order Filing 436 ORDER AND FINAL JUDGMENT #432 by Judge David O. Carter: IT IS HEREBY ORDERED: 1. This Judgment hereby incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Settlement Agreement. (See document for details.) (es)
August 12, 2020 Opinion or Order Filing 435 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Pltf's Renewed Motion for Settlement Approval of Class Action #432 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 8/24/2020 is removed from the calendar and the motion is taken under submission. No appearances are necessary on this date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
July 23, 2020 Opinion or Order Filing 434 Amendment to Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action #432 Amended Notice to Change Hearing Date filed by Plaintiff Jacob Petersen. (Marler, William)
July 23, 2020 Opinion or Order Filing 433 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action #432 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (twdb)
July 22, 2020 Opinion or Order Filing 432 Renewed NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action filed by Plaintiffs Jacob Petersen. Motion set for hearing on 8/21/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Renewed Motion for Final Approval, #2 Exhibit Settlement Agreement, #3 Exhibit Declaration of Keough, #4 Proposed Order Proposed Order) (Marler, William)
July 8, 2020 Opinion or Order Filing 431 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #429 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. Incorrect event selected. Correct event to be used is: Motion (settlement). 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. (twdb)
July 8, 2020 Opinion or Order Filing 430 SCHEDULING NOTICE by Judge David O. Carter. The Court STRIKES the NOTICE filed by Plaintiff Jacob Petersen. of Motion Final Approval (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Exhibit) #429 as untimely. Counsel have not submitted a properly filed Motion. The hearing set for July 13, 2020 is VACATED. The parties must immediately re-file a Renewed motion with proper date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd) TEXT ONLY ENTRY
July 7, 2020 Opinion or Order Filing 429 [STRICKEN PER COURT ORDER] NOTICE filed by Plaintiff Jacob Petersen. of Motion Final Approval (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit)(Marler, William) Modified on 7/8/2020 (kd).
December 4, 2019 Opinion or Order Filing 428 NOTICE of Hearing for Final Approval of Class Action Settlement of Class Action filed by Petersen Jacob Petersen. (Marler, William)
November 27, 2019 Opinion or Order Filing 427 MINUTES (IN CHAMBERS) by Judge David O. Carter: APPROVING PLAINTIFFS MOTION FOR THE PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT, NOTICE OF SETTLEMENT TO CLASS MEMBERS, AND PLAN FOR NOTICE OF SETTLEMENT #423 . (twdb)
November 21, 2019 Opinion or Order Filing 426 Joint STIPULATION to Waive Preliminary Approval Hearing or, in the Alternative, to Continue Preliminary Approval Hearing Scheduled for December 6, 2019 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
November 13, 2019 Opinion or Order Filing 425 SCHEDULING NOTICE by Judge David O. Carter re: for Order #423 . The Motion Hearing previously scheduled for 11/25/2019 @ 8:30 AM has been rescheduled. Motion Hearing set for 12/6/2019 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 29, 2019 Opinion or Order Filing 424 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #423 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb)
October 28, 2019 Opinion or Order Filing 423 NOTICE Of Motion for Preliminary Approval filed by Plaintiff Jacob Petersen. Memorandum in Support (Attachments: #1 Memorandum In support of, #2 Exhibit Settlement Agreement)(Marler, William) Modified on 10/29/2019 (twdb).
September 27, 2019 Opinion or Order Filing 422 Notice of Electronic Filing re Notice of Lodging #420 , Judgment, #421 , Motion Hearing,, 419 e-mailed to Nicholas Kampars bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
September 26, 2019 Opinion or Order Filing 421 ORDER AND FINAL JUDGMENT by Judge David O. Carter. IT IS HEREBY ORDERED: 1.This Judgment hereby incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Settlement Agreement. Related to: #416 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
September 25, 2019 Opinion or Order Filing 420 NOTICE OF LODGING filed re for Order #416 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order And Final Judgment)(Marler, William)
September 23, 2019 Opinion or Order Filing 419 MINUTES OF Motion Hearing re Motion for Final Approval of Class Action Settlement #416 held before Judge David O. Carter: The Motion for Final Approval of Class Action Settlement #416 is GRANTED. Plaintiff's counsel to submit/lodge a proposed order due by 9/25/2019. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: Denis Sterns; Defendant Attorney: Alexandra Rex Mayhugh, Damian J. Martinez; Time in Court: :10. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
September 6, 2019 Opinion or Order Filing 418 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion #416 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion (settlement). Proposed Document was not submitted as separate attachment. Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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. (twdb)
September 6, 2019 Opinion or Order Filing 417 SCHEDULING NOTICE by Judge David O. Carter re: Motion for Final Approval of Class Action Settlement #416 : Motion Hearing set for 9/23/2019 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
September 5, 2019 Opinion or Order Filing 416 [NOTICE OF MOTION AND MOTION, FILED AS] NOTICE of Motion for Final Approval filed by Petersen Jacob Petersen. (Attachments: #1 Memorandum, #2 Exhibit Exhibit A Settlement Agreement, #3 Declaration Heubach)(Marler, William) Modified on 9/6/2019 (twdb).
September 3, 2019 Opinion or Order Filing 415 Joint STIPULATION to Continue Final Approval Hearing from September 9, 2019 or, in the Alternative, to Allow Counsel for All Parties to Appear by Telephone filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
August 29, 2019 Opinion or Order Filing 414 SCHEDULING NOTICE by Judge David O. Carter re: Notice (Other) #412 . Motion for Final Approval of Class Action Settlement due by 9/3/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
August 21, 2019 Opinion or Order Filing 413 SCHEDULING NOTICE by Judge David O. Carter: The Final Approval Hearing previously scheduled for 9/3/2019 @ 8:30 AM has been rescheduled. Final Approval Hearing set for 9/9/2019 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
July 24, 2019 Opinion or Order Filing 412 NOTICE filed by Plaintiff Jacob Petersen. Notice of Settlement (Marler, William)
April 30, 2019 Opinion or Order Filing 411 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #410 . The following error(s) was/were found: Section IV of Notice of Appearance or Withdrawal of Counsel not signed. 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)
April 26, 2019 Opinion or Order Filing 410 Notice of Appearance or Withdrawal of Counsel: for attorney William D Marler counsel for Plaintiff Jacob Petersen. Anthony Marangon is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Petersen. (Marler, William)
April 26, 2019 Opinion or Order Filing 409 Notice of Electronic Filing re Status Report #408 e-mailed to amarangon@marlerclark.com bounced due to 5.1.0 - Unknown address error 550-'5.4.1 [amarangon@marlerclark.com]: Recipient address rejected: Access denied [DM3NAM03FT005.eop-NAM03.prod.protection.outlook.com]' (delivery attempts: 0). The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ew) TEXT ONLY ENTRY
April 25, 2019 Opinion or Order Filing 408 STATUS REPORT 2nd JOINT REPORT filed by Plaintiff Jacob Petersen. (Marler, William)
April 23, 2019 Opinion or Order Filing 407 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING PRETRIAL MOTIONS AS MOOT AND REQUESTING STATUS REPORT #390 . The Court enters this administrative order DENYING AS MOOT all pretrial motions in limine (Dkts. #296 , #297 , #298 , #299 , #300 , #373 , #374 and #375 ) and the application to file a new joint exhibit list (Dkt. #390 ). The parties may refile such motions, if necessary. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
February 13, 2019 Opinion or Order Filing 406 REPORT of Continued Settlement Negotiations filed by Plaintiff Jacob Petersen. (Marler, William)
January 17, 2019 Opinion or Order Filing 405 MINUTES (IN CHAMBERS) by Judge David O. Carter: Denying #325 MOTION to Dismiss for Lack of Jurisdiction. The parties shall file a status report on or before February 8, 2019, regarding the status of the settlement process as to the California subclass and regarding any negotiations to settle the remaining states. (twdb)
January 17, 2019 Opinion or Order Filing 404 ORDER APPROVING PLAINTIFFS MOTION FOR THE PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT, NOTICE OF SETTLEMENT TO CLASS MEMBERS, AND PLAN FOR NOTICE OF SETTLEMENT by Judge David O. Carter, #403 . The hearing for final approval of class action settlement is set for September 3, 2019 at 8:30 a.m. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
January 16, 2019 Opinion or Order Filing 403 NOTICE OF LODGING filed by Plaintiff re Order on Motion for Hearing,, Order on Motion for Order,, Order on Motion for Settlement,, Motion Hearing, #402 (Attachments: #1 Proposed Order)(Marler, William)
January 14, 2019 Opinion or Order Filing 402 MINUTES OF Motion Hearing held before Judge David O. Carter: MOTION FOR SETTLEMENT APPROVAL OF CLASS ACTION SETTLEMENT; GRANTED #400 . withdrawing #353 Defendants Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates; withdrawing #355 Plaintiffs First Ex Parte Application for Order for Motion to Compel Defendants to Cooperate in Good Faith in Pretrial Conference. Court Reporter: Debbie Gale. (twdb)
January 8, 2019 Opinion or Order Filing 401 SUPPLEMENT to First NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement #400 filed by Plaintiff Jacob Petersen. (Attachments: #1 Exhibit A Postcard, #2 Exhibit B Claim Form, #3 Exhibit C Postcard Claim Form, #4 Exhibit D Settlement Agreement)(Marler, William)
November 30, 2018 Opinion or Order Filing 400 First NOTICE OF MOTION AND MOTION for Settlement Approval of Class Action Settlement filed by Plaintiff Jacob Petersen. Motion set for hearing on 1/14/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum, #2 Declaration Marler declaration, #3 Declaration Petersen declaration) (Marler, William)
November 1, 2018 Opinion or Order Filing 399 SCHEDULING NOTICE by Judge David O. Carter re: Report #398 : The motion for settlement approval or status report regarding the status of the settlement approval due by 11/30/2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 31, 2018 Opinion or Order Filing 398 REPORT filed by Plaintiff Jacob Petersen. (Attachments: #1 Exhibit Exhibit A)(Stearns, Denis)
October 17, 2018 Opinion or Order Filing 397 SCHEDULING NOTICE by Judge David O. Carter: The Final Pretrial Conference previously scheduled for 10/22/2018 @ 8:30 AM and Jury Trial scheduled for 10/23/2018 @ 8:30 AM are VACATED re Notice of Settlement #396 . Motion for Settlement Approval due by 10/31/2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 16, 2018 Opinion or Order Filing 396 NOTICE of Settlement filed by Plaintiff Jacob Petersen. (Marler, William)
October 16, 2018 Opinion or Order Filing 395 SCHEDULING NOTICE by Judge David O. Carter re: Final Pretrial Conference, MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 , Amended MOTION IN LIMINE No. 2 to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions #375 , MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS #296 , MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 , MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge #373 , MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi #300 , MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 , MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 previously scheduled for 10/29/2018 @ 7:30 am have been rescheduled. Final Pretrial Conference and Motion Hearings set for 10/22/2018 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 16, 2018 Opinion or Order Filing 394 SCHEDULING NOTICE by Judge David O. Carter re: The Final Pretrial Conference and MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 , Amended MOTION IN LIMINE No. 2 to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions #375 , MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS #296 , MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 , MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge #373 , MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi #300 , MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 , MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 previously scheduled for 10/22/2018 8:30 AM has been rescheduled. Final Pretrial Conference/Motion Hearings reset for 10/29/2018 @ 7:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 5, 2018 Opinion or Order Filing 393 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/25/2018 re Transcript #392 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY
October 5, 2018 Opinion or Order Filing 392 TRANSCRIPT for proceedings held on 6/25/2018 Item 12 V1. ****Court Reporter: DEBBIE GALE. Contact via: WEBSITE: www.debbiegale.com or EMAIL:DebbieGaleCSR@gmail.com, 714-558-8141 (all requests must be in writing/no phone orders). ****Transcript may only be viewed at the court public terminal or purchased through Court Reporter DEBBIE GALE before the deadline for Release of Transcript restriction. After transcript release date, it may be still be obtained from the Court Reporter or through PACER. (ASCII, Condensed, and Word Indexing/Concordance are also available for purchase at any timethrough the Court Reporter.) Notice of Intent to Redact due within 7 days of this date.**** Redaction Request due 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019. (Gale, Debbie)
October 2, 2018 Opinion or Order Filing 391 Plaintiff's Opposition opposition re: EX PARTE APPLICATION to File a New Joint Exhibit List #390 filed by Plaintiff Jacob Petersen. (Attachments: #1 Declaration of Denis W. Stearns, #2 Exhibit A)(Stearns, Denis)
October 1, 2018 Opinion or Order Filing 390 EX PARTE APPLICATION to File a New Joint Exhibit List filed by Defendant Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration of C. Munley, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Kuwana, Eric)
October 1, 2018 Opinion or Order Filing 389 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
October 1, 2018 Opinion or Order Filing 388 Witness List filed by Defendant Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.. (Kuwana, Eric)
September 27, 2018 Opinion or Order Filing 387 MINUTES OF Telephone Conference held before Judge David O. Carter: Mediation to take place on October 10, 2018. Counsel are to inform the Court of the outcome. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: William Marler, Denis Sterns; Defendant Attorney: Eric A. Kuwana, Damian J. Martinez; Time in Court: :08. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
September 26, 2018 Opinion or Order Filing 386 ORDER by Judge David O. Carter, Granting Joint Stipulation to allow counsel for all parties to appear by telephone #385 . Counsel for all parties may appear at the 9/27/18 status conference by telephone. (twdb)
September 25, 2018 Opinion or Order Filing 385 Joint STIPULATION to Continue Status Conference from September 27, 2018, or in the Alternative, to Allow Counsel for All Parties to Appear by Telephone Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #384 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
September 24, 2018 Opinion or Order Filing 384 MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER SCHEDULING STATUS CONFERENCE REGARDING SETTLEMENT DISCUSSIONS AND OUTSTANDING MOTIONS. re: Stipulation to Continue #382 . The Court hereby SCHEDULES a status conference on September 27, 2018, at 1:30 p.m. regarding ongoing settlement discussions and outstanding motions, including the Motion to Dismiss for Lack of Jurisdiction re Nonresident Subclasses (Dkt. 325) filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co., Inc., and Townsend Farms, Inc. Status Conference set for 9/27/2018 01:30 PM before Judge David O. Carter. (twdb)
July 17, 2018 Opinion or Order Filing 383 ORDER by Judge David O. Carter, Granting Joint Stipulation to Continue All Pretrial Deadlines, Trial Date, and Hearing Motions in Limine #382 . ( Motion hearing continued to 10/23/2018 at 08:30 AM before Judge David O. Carter.) MOTION IN LIMINE (#1) #299 , Amended MOTION IN LIMINE No. 2 #375 , MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS #296 , MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 , MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge #373 , MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi #300 , MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 , MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 .( Final Pretrial Conference continued to 10/22/2018 08:30 AM before Judge David O. Carter. Jury Trial continued to 10/23/18 at 8:30 a.m.) (twdb)
July 16, 2018 Opinion or Order Filing 382 Joint STIPULATION to Continue All Pretrial Deadlines, Trial Date, and Hearing on Motions in Limine from July 23, 2018 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
July 3, 2018 Opinion or Order Filing 381 SCHEDULING NOTICE by Judge David O. Carter re: MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 , MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 , MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge #373 , Amended MOTION IN LIMINE No. 2 to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions #375 , MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 , MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 , MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS #296 Motion Hearings set for 7/23/2018 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
July 3, 2018 Opinion or Order Filing 380 SCHEDULING NOTICE by Judge David O. Carter: The Jury Trial previously scheduled for 7/10/2018 @ 8:30 AM has been rescheduled. Jury Trial set for 7/23/2018 @ 1:30 PM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
June 25, 2018 Opinion or Order Filing 379 MINUTES OF Final Pretrial Conference and Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates #353 ; Motion in Limine to Preclude Plaintiff Jacob Petersen from Testifying to Facts Outside of His Personal Knowledge #373 ; Motion in Limine to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 ; Motion in Limine to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions #375 held before Judge David O. Carter: Court to issue an order. Court Reporter: Debbie Gale, Deborah Parker; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: Denis Stearns, William D. Marler; Defendant Attorney: Eric A. Kuwana, Caitlin B. Munley, Damian J. Martinez; Time in Court: :40. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
June 18, 2018 Opinion or Order Filing 378 MEMORANDUM in Opposition to MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence #374 filed by Plaintiff Jacob Petersen. (Marler, William)
June 18, 2018 Opinion or Order Filing 377 MEMORANDUM in Opposition to Amended MOTION IN LIMINE No. 2 to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions #375 filed by Plaintiff Jacob Petersen. (Marler, William)
June 18, 2018 Opinion or Order Filing 376 MEMORANDUM in Opposition to MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge #373 filed by Plaintiff Jacob Petersen. (Attachments: #1 Declaration Stearns)(Marler, William)
June 14, 2018 Opinion or Order Filing 375 NOTICE OF MOTION AND Amended MOTION IN LIMINE No. 2 to Preclude Plaintiffs' Expert, Dr. John Kobayashi, from Testifying to Interpretations of Law and Legal Conclusions filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 6/25/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum, #2 Proposed Order)(Kuwana, Eric)
June 14, 2018 Opinion or Order Filing 374 NOTICE OF MOTION AND MOTION IN LIMINE No. 4 to Preclude Plaintiffs from Presenting Class-Wide Damages Evidence filed by TFI Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 6/25/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Kuwana, Eric)
June 14, 2018 Opinion or Order Filing 373 NOTICE OF MOTION AND MOTION IN LIMINE 3 to Preclude Plaintiff Jacob Petersen from Testify to Facts Outside of His Personal Knowledge filed by TFI Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 6/25/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Samantha A. Strauss, #2 Proposed Order)(Kuwana, Eric)
June 14, 2018 Opinion or Order Filing 372 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Jacob Petersen. (Attachments: #1 Proposed Order of Pretrial Conference)(Marler, William)
June 13, 2018 Opinion or Order Filing 371 NOTICE of Change of firm name and address by Samantha Swietlikowski attorney for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Changing firm name to Cooley LLP and address to 1299 Pennsylvania Avenue, N.W., Suite 700, Washington, DC 20004. Filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attorney Samantha Swietlikowski added to party Costco Wholesale Co., Inc.(pty:dft), Attorney Samantha Swietlikowski added to party Fallon Trading Co Inc(pty:dft))(Swietlikowski, Samantha)
June 13, 2018 Opinion or Order Filing 370 NOTICE of Change of firm name and address by Eric A Kuwana attorney for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Changing firm name to Cooley LLP and address to 1299 Pennsylvania Avenue, N.W., Suite 700, Washington, DC 20004. Filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
June 13, 2018 Opinion or Order Filing 369 NOTICE of Change of firm name and address by Caitlin B Munley attorney for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Changing firm name to Cooley LLP and address to 1299 Pennsylvania Avenue, N.W., Suite 700, Washington, DC 20004. Filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Munley, Caitlin)
June 13, 2018 Opinion or Order Filing 368 NOTICE of Appearance filed by attorney Alexandra Rex Mayhugh on behalf of Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc (Attorney Alexandra Rex Mayhugh added to party Costco Wholesale Co., Inc.(pty:dft), Attorney Alexandra Rex Mayhugh added to party Fallon Trading Co Inc(pty:dft), Attorney Alexandra Rex Mayhugh added to party Townsend Farms Inc(pty:dft))(Mayhugh, Alexandra)
June 12, 2018 Opinion or Order Filing 367 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Hearing on Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates #353 . The Motion Hearing previously scheduled for 6/18/2018 @ 8:30 AM has been rescheduled. Motion Hearing set for 6/25/2018 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
June 7, 2018 Opinion or Order Filing 366 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Austin T. Beardsley is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Costco Wholesale Co.; Townsend Farms, Inc.; and Fallon Trading Co.. (Beardsley, Austin)
June 4, 2018 Opinion or Order Filing 365 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Munley, Caitlin)
June 4, 2018 Opinion or Order Filing 364 Witness List filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.. (Munley, Caitlin)
June 4, 2018 Opinion or Order Filing 363 JOINT Exhibit List filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.. (Attachments: #1 Exhibit 1)(Munley, Caitlin)
June 4, 2018 Opinion or Order Filing 362 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Jacob Petersen. (Marler, William)
June 4, 2018 Opinion or Order Filing 361 JOINDER filed by Defendant United Juice Corp (Martinez, Damian)
June 4, 2018 Opinion or Order Filing 360 Witness List filed by Plaintiff Jacob Petersen.. (Marler, William)
June 4, 2018 Opinion or Order Filing 359 Exhibit List filed by Plaintiff Jacob Petersen.. (Marler, William)
June 4, 2018 Opinion or Order Filing 358 REPLY in Support of NOTICE OF MOTION AND MOTION for Hearing on Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates #353 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Munley, Caitlin)
May 29, 2018 Opinion or Order Filing 357 OPPOSITION to NOTICE OF MOTION AND MOTION for Hearing on Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates #353 Opposition filed by Plaintiff Jacob Petersen. (Marler, William)
May 25, 2018 Opinion or Order Filing 356 OPPOSITION to First EX PARTE APPLICATION for Order for Motion to Compel Defendants to Cooperate in Good Faith in Pretrial Conference #355 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Munley, Caitlin)
May 24, 2018 Opinion or Order Filing 355 First EX PARTE APPLICATION for Order for Motion to Compel Defendants to Cooperate in Good Faith in Pretrial Conference filed by Plaintiff Jacob Petersen. (Attachments: #1 Declaration Stearns Declaration, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Declaration Marler Declaration, #15 Proposed Order Proposed order) (Marler, William)
May 23, 2018 Opinion or Order Filing 354 NOTICE filed by defendant United Juice Corp. Joinder in Defendant Costco Wholesale Corp., Townsend Farms, Inc., and Fallon Trading Co.'s Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates (Martinez, Damian)
May 21, 2018 Opinion or Order Filing 353 NOTICE OF MOTION AND MOTION for Hearing on Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 6/18/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum in Support of Motion to Compel Trial Plan, Reopen Discovery, and Continue Pretrial and Trial Dates, #2 Declaration of Eric A. Kuwana, #3 Proposed Order) (Kuwana, Eric)
May 2, 2018 Opinion or Order Filing 352 NOTICE OF LODGING filed 5.2.18 re Notice of Lodging #351 (Attachments: #1 Declaration of Joseph Fisher)(Marler, William)
April 25, 2018 Opinion or Order Filing 351 NOTICE OF LODGING filed 4.25.18 re Order on Motion to Extend, #340 (Attachments: #1 Declaration)(Marler, William)
March 30, 2018 Opinion or Order Filing 350 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST to Substitute attorney Damian J. Martinez in place of attorney Damian J. Martinez formerly of LTL Attorneys LLP #346 by Judge David O. Carter. Please refer to the error(s) found in the Notice of Deficiency (dkt. #348) and lodge a proposed order by 4/2/18.. (lwag)
March 16, 2018 Opinion or Order Filing 349 Notice of Appearance or Withdrawal of Counsel: for attorney Denis Stearns counsel for Plaintiff Jacob Petersen. Anthony Maragon is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Petersen Anthony Maragon. (Stearns, Denis)
March 15, 2018 Opinion or Order Filing 348 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Substitute attorney Damian J. Martinez in place of attorney Damian J. Martinez formerly of LTL Attorneys LLP #346 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (es)
March 14, 2018 Opinion or Order Filing 347 ORDER by Judge David O. Carter on #345 Joint MOTION to Schedule Final Pretrial Conference. TO ALL PARTIES AND COUNSEL OF RECORD: This matter comes before the Court on the Joint Motion to Schedule Final Pretrial Conference. Having reviewed the papers filed in support of this motion, and being fully advised, the Court hereby orders as follows: ORDER A Final Pretrial Conference for this matter will be held on June 25, 2018 at 8:30 a.m. IT IS SO ORDERED. (dro)
March 14, 2018 Opinion or Order Filing 346 REQUEST to Substitute attorney Damian J. Martinez in place of attorney Damian J. Martinez formerly of LTL Attorneys LLP filed by defendant United Juice Corp. (Martinez, Damian)
March 13, 2018 Opinion or Order Filing 345 Joint NOTICE OF MOTION AND MOTION for Order for Final Pretrial Conference Scheduling filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 4/9/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Kuwana, Eric)
March 9, 2018 Opinion or Order Filing 344 ORDER by Judge David O. Carter: Granting #343 Non-Resident Attorney Caitlin B. Munley APPLICATION to Appear Pro Hac Vice on behalf of Defendants Costco Wholesale Co., Townsend Farms Inc. and Fallon Trading Co., designating Austin T. Beardsley as local counsel. (lwag)
March 7, 2018 Opinion or Order Filing 343 APPLICATION of Non-Resident Attorney Caitlin B. Munley to Appear Pro Hac Vice on behalf of Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21373507) filed by Def endants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order) (Beardsley, Austin)
February 27, 2018 Opinion or Order Filing 342 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/10/2017 Status re Transcript #341 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY
February 27, 2018 Opinion or Order Filing 341 TRANSCRIPT for proceedings held on 1/10/2017 Status Conference. ****Court Reporter: DEBBIE GALE. Contact via: WEBSITE: www.debbiegale.com or EMAIL:DebbieGaleCSR@gmail.com, 714-558-8141 (all requests must be in writing/no phone orders). ****Transcript may onlybe viewed at the court public terminal or purchased through Court Reporter DEBBIE GALE before the deadline for Release of Transcript restriction. After transcript release date, it may be still be obtained from the Court Reporter or through PACER. (ASCII, Condensed, and Word Indexing/Concordance are also available for purchase at any timethrough the Court Reporter.) Notice of Intent to Redact due within 7 days of this date.**** Redaction Request due 3/20/2018. Redacted Transcript Deadline set for 3/30/2018. Release of Transcript Restriction set for 5/29/2018. (Gale, Debbie)
February 22, 2018 Opinion or Order Filing 340 ORDER by Judge David O. Carter, to Extend the Opt-Out Deadline for Notice to Class Members. #338 The deadline by which class members can request to opt-out of participation in the present class action lawsuit is extended from March 1, 2018 to April 13, 2018. IT IS SO ORDERED. (es)
February 20, 2018 Opinion or Order Filing 339 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document #338 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion (extend time). Hearing information is missing from the docket text. 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. (twdb)
February 20, 2018 Opinion or Order Filing 338 Pl Mot to Extend Opt Out Deadline re for Order #293 filed by Plaintiff Jacob Petersen. (Attachments: #1 Proposed Order Opt Out Ext 4/13)(Marler, William) Modified on 2/20/2018 (twdb).
January 29, 2018 Opinion or Order Filing 337 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc, United Juice Corp. Daniel S. Trimmer is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Costco Wholesale Co., Inc.; Townsend Farms, Inc.; Fallon Trading Co., Inc.; and United Juice Corp.. (Attorney Austin T Beardsley added to party United Juice Corp(pty:dft))(Beardsley, Austin)
January 24, 2018 Opinion or Order Filing 336 ORDER Approving Amended Notices to Class Members and Continuance of Trial Date #334 by Judge David O. Carter: The new trial date is July 10, 2018. IT IS SO ORDERED (see order for further details.) (es)
January 10, 2018 Opinion or Order Filing 335 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Amend #334 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb)
January 9, 2018 Opinion or Order Filing 334 NOTICE OF MOTION AND MOTION to Amend Order,,, #295 filed by Plaintiff Jacob Petersen. Motion set for hearing on 2/12/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Marler, William)
January 4, 2018 Opinion or Order Filing 333 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/14/17, 11:05 a.m. re Transcript #332 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
January 4, 2018 Opinion or Order Filing 332 TRANSCRIPT, VOLUME II for proceedings held on 8/14/17, 11:05 a.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 1/25/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/4/2018. (ls) Modified on 1/5/2018 (ls).
January 3, 2018 Opinion or Order Filing 331 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction re Nonresident Subclasses #325 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 1/8/2018 is removed from the Court's calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
December 22, 2017 Opinion or Order Filing 330 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction re Nonresident Subclasses #325 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
December 21, 2017 Opinion or Order Filing 329 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/14/2017 re Transcript #328 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gale, Debbie) TEXT ONLY ENTRY
December 21, 2017 Opinion or Order Filing 328 ****Court Reporter: DEBBIE GALE. Contact via: WEBSITE: www.debbiegale.com or EMAIL:DebbieGaleCSR@gmail.com, 714-558-8141 (all requests must be in writing/no phone orders). ****Transcript may onlybe viewed at the court public terminal or purchased through Court Reporter DEBBIE GALE before the deadline for Release of Transcript restriction. After transcript release date, it may be still be obtained from the Court Reporter or through PACER. (ASCII, Condensed, and Word Indexing/Concordance are also available for purchase at any timethrough the Court Reporter.) Notice of Intent to Redact due within 7 days of this date.****Redaction Request due 1/11/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (Gale, Debbie)
December 18, 2017 Opinion or Order Filing 327 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction re Nonresident Subclasses #325 filed by Plaintiff Jacob Petersen. (Stearns, Denis)
December 8, 2017 Opinion or Order Filing 326 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction re Nonresident Subclasses #325 filed by Defendant United Juice Corp. (Attachments: #1 Declaration DECLARATION OF SELIN KILIC IN SUPPORT OF DEFENDANT UNITED JUICE CORP.S JOINDER TO CO-DEFENDANTS MOTION TO DISMISS NONRESIDENT SUBCLASSES FOR LACK OF PERSONAL JURISDICTION)(Martinez, Damian)
December 1, 2017 Opinion or Order Filing 325 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction re Nonresident Subclasses filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 1/8/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum in Support, #2 Affidavit of Anne Fallon, #3 Affidavit of Zois Johnston, #4 Affidavit of Margaret Townsend, #5 Proposed Order) (Kuwana, Eric)
November 30, 2017 Opinion or Order Filing 324 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the Nonresident Subclasses #322 by Judge David O. Carter. The document is stricken and counsel is ordered to file an amended or corrected document. Please refer to the error(s) found in the Notice of Deficiency (Dkt. 323) and re-file. (lwag)
November 30, 2017 Opinion or Order Filing 323 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #322 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (twdb)
November 29, 2017 Opinion or Order Filing 322 **STRICKEN PER DOCKET ENTRY #324** NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction the Nonresident Subclasses filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Memorandum in Support, #2 Affidavit of Anne Fallon, #3 Affidavit of Zois Johnston, #4 Affidavit of Margaret Townsend, #5 Proposed Order) (Kuwana, Eric) Modified on 12/1/2017 (lwag).
November 21, 2017 Opinion or Order Filing 321 TRANSCRIPT ORDER as to Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc for Court Smart (CS). Court will contact Kelsey Matusak at kelsey.matusak@kattenlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Kuwana, Eric)
August 18, 2017 Opinion or Order Filing 320 Notice of Appearance or Withdrawal of Counsel: for attorney Aaron Kollitz counsel for Defendant United Juice Corp. Aaron Robert Kollitz 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 United Juice Corp.. (Attorney Aaron Kollitz added to party United Juice Corp(pty:dft))(Kollitz, Aaron)
August 18, 2017 Opinion or Order Filing 319 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER SETTING NEW TRIAL DATE. granting #317 REQUEST for Trial Date. Trial set for 4/3/2018 08:30 AM before Judge David O. Carter. See minute order for more information. (twdb)
August 18, 2017 Opinion or Order Filing 318 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint REQUEST to Set Trial Date #317 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb)
August 17, 2017 Opinion or Order Filing 317 Joint REQUEST to Set Trial Date on April 16, 2018 filed by Plaintiff Jacob Petersen. (Stearns, Denis)
August 14, 2017 Opinion or Order Filing 316 MINUTES OF Final Pretrial Conference held before Judge David O. Carter, Re Motions in Limine #296 , #297 , #298 , #299 , #300 . Parties to submit a new proposed trial date by 8/17/2017. Court Reporter: Debbie Gale. Court Recorder: CourtSmart. (mt)
August 10, 2017 Opinion or Order Filing 315 Notice of Appearance or Withdrawal of Counsel: for attorney Eric A Kuwana counsel for ThirdParty Plaintiff Townsend Farms Inc. Adding Samantha J. Swietlikowski as counsel of record for Defendant/Third Party Plaintiff Townsend Farms, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant/Third Party Plaintiff Townsend Farms, Inc.. (Kuwana, Eric)
August 10, 2017 Opinion or Order Filing 314 ORDER by Judge David O. Carter: granting #312 Non-Resident Attorney Anthony T. Marangon APPLICATION to Appear Pro Hac Vice on behalf of Jacob Petersen, et al, individually, and on behalf of others similarly situated, designating Frederic L. Gordon as local counsel. (dro)
August 9, 2017 Opinion or Order Filing 313 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Anthony T. Marangon to Appear Pro Hac Vice on behalf of Plaintiff Jacob Petersen (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20317981) #312 . 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. Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt)
August 8, 2017 Opinion or Order Filing 312 APPLICATION of Non-Resident Attorney Anthony T. Marangon to Appear Pro Hac Vice on behalf of Plaintiff Jacob Petersen (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20317981) filed by Plaintiff Jacob Petersen. (Attachments: #1 Supplement , #2 Proposed Order) (Stearns, Denis)
August 7, 2017 Opinion or Order Filing 311 JOINDER in MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi #300 filed by Defendant United Juice Corp. (Martinez, Damian)
August 7, 2017 Opinion or Order Filing 310 MEMORANDUM in Opposition to MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
August 7, 2017 Opinion or Order Filing 309 MEMORANDUM in Opposition to MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
August 7, 2017 Opinion or Order Filing 308 JOINDER in MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 filed by Defendant United Juice Corp. (Martinez, Damian)
August 7, 2017 Opinion or Order Filing 307 OPPOSITION re: MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue #297 filed by Defendant United Juice Corp. (Martinez, Damian)
August 7, 2017 Opinion or Order Filing 306 OPPOSITION re: MOTION IN LIMINE to Exclude Certain Exhibits and Testimony #298 filed by Defendant United Juice Corp. (Martinez, Damian)
August 7, 2017 Opinion or Order Filing 305 Opposition opposition re: MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS #296 filed by Plaintiff Jacob Petersen. (Stearns, Denis)
August 7, 2017 Opinion or Order Filing 304 Opposition opposition re: MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi #300 filed by Plaintiff Jacob Petersen. (Stearns, Denis)
August 7, 2017 Opinion or Order Filing 303 Opposition opposition re: MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 filed by Plaintiff Jacob Petersen. (Stearns, Denis)
August 4, 2017 Opinion or Order Filing 302 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect #299 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb)
August 4, 2017 Opinion or Order Filing 301 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Jacob Petersen. (Attachments: #1 Proposed Order)(Stearns, Denis)
August 3, 2017 Opinion or Order Filing 300 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Limit Testimony of Plaintiffs' Expert Dr. Kobayashi filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 8/14/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration In Support, #2 Exhibit 1 - Plts' Expert Discl. and Report, #3 Proposed Order)(Kuwana, Eric)
August 3, 2017 Opinion or Order Filing 299 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude To Preclude Evidence of Voluntary Recall to Prove Defect filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 8/14/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration In Support, #2 Exhibit 1 - Plts' Expert Discl. and Report)(Kuwana, Eric)
August 3, 2017 Opinion or Order Filing 298 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Certain Exhibits and Testimony filed by Plaintiffs Jacob Petersen. Motion set for hearing on 8/14/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Stearns, Denis)
August 3, 2017 Opinion or Order Filing 297 NOTICE OF MOTION AND MOTION IN LIMINE to Preclude Relitigation of the Pomegranate-Contamination Issue filed by Plaintiffs Jacob Petersen. Motion set for hearing on 8/14/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum In Support of Motion in Limine, #2 Proposed Order)(Stearns, Denis)
August 3, 2017 Opinion or Order Filing 296 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude EVIDENCE RELATED TO GOVERNMENT REPORTS filed by Defendant United Juice Corp. Motion set for hearing on 8/14/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration DECLARATION OF AARON KOLLITZ OFFERED IN SUPPORT OF DEFENDANT UNITED JUICES MOTION IN LIMINE NO. 1 RELATING TO GOVERNMENT REPORTS, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Proposed Order [PROPOSED] ORDER FOR DEFENDANT UNITED JUICE CORP.S MOTION IN LIMINE NO. 1 RELATING TO GOVERNMENT REPORTS)(Martinez, Damian)
July 28, 2017 Opinion or Order Filing 295 ORDER Approving AMENDED Notices to Class Members #281 by Judge David O. Carter: Notice shall be provided to potential class members in the form of the Amendednotices that the parties attached to their Joint Motion as Exhibits A, B, and C. Such notices shall be sent consistent with the plan that the Court previously approved by its Order of October 7, 2016 (Dkt. No. 212), except that the Opt-Out Deadline shall now be September 29, 2017. In addition, the previously approved website shall be in the same form except that there will be a questionnaire added to allow potential class members visiting the website to enter up-to-date contact information once a questionnaire determines that the potential class member meets the requirements of the class definition. (lwag)
July 27, 2017 Opinion or Order Filing 294 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: for Order #293 . The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as separate attachment. The correct event is: Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (dv)
July 26, 2017 Opinion or Order Filing 293 JOINT MOTION FOR THE APPROVAL OF THE AMENDED FORM OF AND PLAN FOR NOTICE TO CLASS MEMBERS filed by Plaintiff Jacob Petersen. as to Notice (Other), #281 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Stearns, Denis) Modified on 7/27/2017 to reflect the correct event type (dv).
July 26, 2017 Opinion or Order Filing 292 MINUTE (IN CHAMBERS) Order Re Joint Motion for Approval of Amended From and Plan For Notice #281 by Judge David O. Carter: Before the Court is the parties Joint Motion for Approval of the Amended Form and Plan for Notice (Motion) (Dkt. 281). The Motion states the proposed notices are attached as Exhibits A, B, and C to the Motion. Mot. at 2. The only attachment to the Motion is the Proposed Order. The parties are ORDERED to file the proposed notices on or before July 31, 2017. (lwag)
July 26, 2017 Opinion or Order Filing 291 SCHEDULING NOTICE by Judge David O. Carter: The Status Conference previously scheduled for 8/10/2017 @ 8:30 AM has been CANCELLED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
July 26, 2017 Opinion or Order Filing 290 SCHEDULING NOTICE by Judge David O. Carter: Status Conference set for 8/10/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
July 24, 2017 Opinion or Order Filing 289 Joint Exhibit List submitted by Plaintiffs Jacob Petersen, Gayle Prather, Suzanne Faber, Leslie Lee, Thomas Fiore, Leslie Straka, David Troutman, Andrea Medrano, and Aerol and Amy Paden, individually and for all those similarly situated and Defendants Costco Wholesale Corp., Townsend Farms, Inc., Fallon Trading Co., and United Juice Corp. filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.. (Kuwana, Eric)
July 24, 2017 Opinion or Order Filing 288 Witness List filed by Defendant United Juice Corp.. (Martinez, Damian)
July 24, 2017 Opinion or Order Filing 287 Witness List filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.. (Kuwana, Eric)
July 24, 2017 Opinion or Order Filing 286 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
July 24, 2017 Opinion or Order Filing 285 Witness List filed by Plaintiffs Jacob Petersen.. (Stearns, Denis)
July 24, 2017 Opinion or Order Filing 284 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Jacob Petersen. (Stearns, Denis)
July 24, 2017 Opinion or Order Filing 283 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant United Juice Corp. (Martinez, Damian)
July 19, 2017 Opinion or Order Filing 282 Notice of Appearance or Withdrawal of Counsel: for attorney G David Godwin counsel for ThirdParty Defendant Purely Pomegranate Inc. Robert Alfred Binion will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Robert Alfred Binion is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third Party Defendant Purely Pomegranate, Inc.. (Attorney G David Godwin added to party Purely Pomegranate Inc(pty:3pd))(Godwin, G)
July 18, 2017 Opinion or Order Filing 281 NOTICE Joint Notice of Motion and Motion for Approval of the Amended Form and Plan for Notice to Class Members, and Memorandum in Support of the Same filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Andrea Medrano, Aerol Paden, Amy Paden, Jacob Petersen, Gayle Prather, Leslie Straka, David Troutman. (Attachments: #1 Proposed Order)(Marler, William)
July 17, 2017 Opinion or Order Filing 280 Notice of Withdrawal of Motion for Order,, #279 filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka, Aerol Paden, Amy Paden, David Troutman, Andrea Medrano. (Marler, William)
June 30, 2017 Opinion or Order Filing 279 **WITHDRAWN #280 ** NOTICE OF MOTION AND MOTION for Order for Order Approving the Form of and Plan for Notice to Class Members Plaintiffs' Motion, Pursuant to FRCP 23(c)(2) and 23(d), For Approval of the Form and Plan for Notice to Class Members filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka. Motion set for hearing on 7/31/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum In Support of Pltfs Motion, Pursuant to FRCP 23(c)(2) and 23(d) for Court-Approval of the Plan for Notice and Form of Notice to Class Members, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order) (Stearns, Denis) Modified on 7/18/2017 (es).
May 9, 2017 Opinion or Order Filing 278 Notice of Appearance or Withdrawal of Counsel: for attorney Courtnee A Draper counsel for Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Courtnee A. Draper is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Courtnee A. Draper. (Attorney Courtnee A Draper added to party Costco Wholesale Co., Inc.(pty:dft), Attorney Courtnee A Draper added to party Fallon Trading Co Inc(pty:dft))(Draper, Courtnee)
May 1, 2017 Opinion or Order Filing 277 MINUTES (IN CHAMBERS) by Judge David O. Carter: granting #270 MOTION to Strike United Juice Corporation's Experts. Accordingly, the Court finds that Rule 37(c)(1) bars both Dr. Kramer and Dr. Miller from testifying at trial. (twdb)
April 19, 2017 Opinion or Order Filing 276 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Strike United Juice Corporation's Experts #270 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 5/1/2017 is removed from the calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
April 17, 2017 Opinion or Order Filing 275 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike United Juice Corporation's Experts #270 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
April 10, 2017 Opinion or Order Filing 274 OPPOSITION re: NOTICE OF MOTION AND MOTION to Strike United Juice Corporation's Experts #270 filed by Defendant United Juice Corp. (Attachments: #1 Declaration of Damian J. Martinez)(Martinez, Damian)
April 10, 2017 Opinion or Order Filing 273 JOINDER in NOTICE OF MOTION AND MOTION to Strike United Juice Corporation's Experts #270 Pltfs Notice of Joinder with the Motion of the Defs Costco, Townsend Farms and Fallon Trading Co to Strike United Juice Corporation's Experts filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Jacob Petersen, Gayle Prather, Leslie Straka. (Stearns, Denis)
March 24, 2017 Opinion or Order Filing 272 Notice of Appearance or Withdrawal of Counsel: for attorney Damian J Martinez counsel for Defendant United Juice Corp. Adding Kevin B. Kelly as counsel of record for United Juice Corp. for the reason indicated in the G-123 Notice. Filed by Defendant United Juice Corp.. (Martinez, Damian)
March 24, 2017 Opinion or Order Filing 271 Notice of Appearance or Withdrawal of Counsel: for attorney Damian J Martinez counsel for Defendant United Juice Corp. Bethany R. Burrill 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 United Juice Corp.. (Martinez, Damian)
March 20, 2017 Opinion or Order Filing 270 NOTICE OF MOTION AND MOTION to Strike United Juice Corporation's Experts filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 5/1/2017 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Daniel S. Trimmer, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order) (Kuwana, Eric)
January 24, 2017 Opinion or Order Filing 269 MINUTE IN CHAMBERS ORDER RE JOINT STIPULATION #267 ; AND STIPULATION #268 by Judge David O. Carter. The Court ORDERS that the schedule in this matter shall be set as follows: Limited Fact Discovery Cut-off: May 10, 2017 Expert Depositions Cut-off: June 9, 2017 Final Pretrial Conference: August 14, 2017 Trial: October 16, 2017. (See document for further details). (dv)
January 23, 2017 Opinion or Order Filing 268 STIPULATION to Continue Trial and Related Dates Re: Order on Motion for Summary Judgment, #266 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
January 23, 2017 Opinion or Order Filing 267 Joint STIPULATION for Jury Trial on October 16, 2017, Joint STIPULATION to Continue Trial from April 25, 2017 to October 16, 2017 filed by Defendant United Juice Corp. (Attachments: #1 Proposed Order)(Martinez, Damian)
January 17, 2017 Opinion or Order Filing 266 ORDER by Judge David O. Carter: RE #236 Motion for Summary Judgment. Summary judgment is GRANTED IN PART. Summary judgment is GRANTED as to any claims for emotional distress due to fear of disease. Otherwise, summary judgment is DENIED. At the hearing, the parties represented to the Court that they needed a continuance of the dates in this matter to have time to properly prepare for trial. The Court ORDERS the parties to submit a new proposed schedule on or before January 23, 2017. (mba)
January 10, 2017 Opinion or Order Filing 265 MINUTES OF Motion Hearing held before Judge David O. Carter re Motion for Court-Approval of the Plan for Notice and Form of Notice to Class Members filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka #208 , Motion for Summary Judgment #236 . Hearing held. Court to issue an order. Court Reporter: Debbie Gale; Plaintiff Attorney: Denis Stearns, Anthony Marangon; Defendant Attorney: Damian J. Martinez, Eric A. Kuwana, Austin Beardsley. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
December 29, 2016 Opinion or Order Filing 264 ORDER by Judge David O. Carter: Granting Motion by All Parties to Continue Hearing on Motion to Approve Notice (Dkt. 234) #263 . IT IS SO ORDERED that: The hearing that is currently scheduled for January 9, 2017 is vacated, and is rescheduled to be heard on January 10, 2017 at 8:30 a.m. (mt)
December 28, 2016 Opinion or Order Filing 263 Joint STIPULATION to Continue Hearing on Motion to Approve Class Notice from January 9, 2017 to a Date after the January 10, 2017 Hearing Re: Order on Motion to Amend/Correct, #234 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
December 20, 2016 Opinion or Order Filing 262 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant United Juice Corp, identifying Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S., etc.. (Martinez, Damian)
December 19, 2016 Opinion or Order Filing 261 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #255 . The following error(s) was found: Other error(s) with document(s) are specified below In response to this notice the court may order (1) an amended or correct document to be filed (2) 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)
December 16, 2016 Opinion or Order Filing 260 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER RE: REQUEST TO WITHDRAW AS ATTORNEY OF RECORD #251 . (See document for details) Accordingly, the Request is DENIED. (dv)
December 16, 2016 Opinion or Order Filing 259 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #257 , Answer to Complaint #258 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (mba)
December 15, 2016 Opinion or Order Filing 258 ANSWER to Amended Complaint/Petition, #241 filed by Defendant United Juice Corp.(Martinez, Damian)
December 15, 2016 Opinion or Order Filing 257 ANSWER to Amended Complaint/Petition, #241 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc.(Kuwana, Eric)
December 15, 2016 Opinion or Order Filing 256 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 . The Motion Hearing previously scheduled for 12/19/2016 8:30 AM has been rescheduled. Motion Hearing set for 1/10/2017 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
December 14, 2016 Opinion or Order Filing 255 Notice of Appearance or Withdrawal of Counsel: for attorney Eric P Weiss counsel for ThirdParty Plaintiff Townsend Farms Inc, Defendant Townsend Farms Inc. Gina E. Och will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendants Townsend Farms, Inc. and Costco Wholesale Corporation. (Weiss, Eric)
December 14, 2016 Opinion or Order Filing 254 Notice of Appearance or Withdrawal of Counsel: for attorney Eric P Weiss counsel for ThirdParty Plaintiff Townsend Farms Inc, Defendant Townsend Farms Inc. Guy R. Gruppie will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendants Townsend Farms, Inc. and Costco Wholesale Corporation. (Weiss, Eric)
December 14, 2016 Opinion or Order Filing 253 Notice of Appearance or Withdrawal of Counsel: for attorney Eric P Weiss counsel for ThirdParty Plaintiff Townsend Farms Inc, Defendant Townsend Farms Inc. Eric P. Weiss will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by defendants Townsend Farms, Inc. and Costco Wholesale Corporation. (Weiss, Eric)
December 14, 2016 Opinion or Order Filing 252 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First REQUEST to Withdraw As Attorney of Record #251 . The following error(s) was found: Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (dv)
December 13, 2016 Opinion or Order Filing 251 First REQUEST to Withdraw As Attorney of Record filed by Defendant Fallon Trading Co Inc. (Weinstein, Mark)
December 12, 2016 Opinion or Order Filing 250 TEXT ONLY ORDER by Judge David O. Carter, GRANTING Plaintiff's EX PARTE APPLICATION to Exceed Page Limitation to File A Memo Exceeding 25-Page Limit. #248 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
December 9, 2016 Opinion or Order Filing 249 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 Plaintiffs' AMENDED Memo in Opposition to the Defendants' Motion for Summary Judgment filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka. (Stearns, Denis)
December 9, 2016 Opinion or Order Filing 248 EX PARTE APPLICATION to Exceed Page Limitation File A Memo Exceeding 25-Page Limit filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka. (Attachments: #1 Declaration of Denis Stearns in Support of Ex Parte Application for Order Granting Leave to File Memo Exceeding 25 Page Limit, #2 Proposed Order) (Stearns, Denis)
December 8, 2016 Opinion or Order Filing 247 MINUTE IN CHAMBERS by Judge David O. Carter: Order Re Plaintiffs' Opposition #238 . Court ORDERS Plaintiffs to file an Amended Memorandum in Opposition that conforms with the Local Rules on or before December 10, 2016. If necessary, Plaintiffs may file an ex parte application to exceed the page limitation concurrently. In addition, the Court ORDERS that Plaintiffs' Amended Memorandum contain no more than seven properly-formatted footnotes. (mt)
December 8, 2016 Opinion or Order Filing 246 DECLARATION of Denis W. Stearns in Opposition to Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 SUPPLEMENTAL Declaration of Denis W. Stearns Attaching CORRECTED Expert Report, Exhibit No. 12 filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka. (Stearns, Denis)
December 8, 2016 Opinion or Order Filing 245 STATEMENT of Plaintiffs' CORRECTED Statement of Genuine Disputes of Material Fact NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Leslie Straka. (Stearns, Denis)
December 5, 2016 Opinion or Order Filing 244 OBJECTIONS to Statement (Motion related) #239 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
December 5, 2016 Opinion or Order Filing 243 REPLY filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc to Statement (Motion related) #239 (Kuwana, Eric)
December 5, 2016 Opinion or Order Filing 242 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration of Daniel S. rimmer, #2 Exhibit 25, #3 Exhibit 26)(Kuwana, Eric)
December 1, 2016 Opinion or Order Filing 241 Fourth AMENDED COMPLAINT against Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc, United Juice Corp amending Amended Complaint #71 , filed by Plaintiffs Thomas Fiore, Jacob Petersen, Suzanne Faber, Gayle Prather, Leslie Lee, Leslie Straka(Marler, William)
November 28, 2016 Opinion or Order Filing 240 DECLARATION of Denis W. Stearns in Opposition NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Plaintiff Suzanne Faber. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Stearns, Denis)
November 28, 2016 Opinion or Order Filing 239 STATEMENT of Genuine Issues in Support of Opposition NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Plaintiff Suzanne Faber. (Stearns, Denis)
November 28, 2016 Opinion or Order Filing 238 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Plaintiff Suzanne Faber. (Stearns, Denis)
November 22, 2016 Opinion or Order Filing 237 JOINDER in NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims #236 filed by Defendant United Juice Corp. (Martinez, Damian)
November 21, 2016 Opinion or Order Filing 236 NOTICE OF MOTION AND MOTION for Summary Judgment as to the Plaintiffs remaining strict product liability claims filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 12/19/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Defendants' Undisputed Statement of Facts and Law, #2 Declaration of Daniel S. Trimmer, #3 Exhibit 1, #4 Exhibit 2, #5 Declaration 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Proposed Judgment) (Kuwana, Eric)
November 15, 2016 Opinion or Order Filing 235 ORDER by Judge David O. Carter denying #210 MOTION to Decertify the Class. For the foregoing reasons, the Court CONDITIONALLY DENIES Defendants' Motion to Decertify the Class. Plaintiff has until December 1, 2016 to submit a Fourth Amended Complaint substituting appropriate class representatives for the Sewards. (see document for details). (dro)
November 10, 2016 Opinion or Order Filing 234 ORDER by Judge David O. Carter granting in part #211 MOTION to Amend/Correct. For the foregoing reasons, the Court GRANTS IN PART Defendants Motion to Amend Scheduling Order and ORDERS the dates set as follows: (see document for details). (dro)
November 7, 2016 Opinion or Order Filing 233 MINUTES OF Motion Hearing held before Judge David O. Carter re Motion for Order for Decertification, Motion to Amend #211 : Hearing held. Court to issue an order. Court Reporter: Debbie Gale; Plaintiff Attorney: Anthony Marongon, Denis Sterns; Defendant Attorney: Eric A. Kuwana, Austin T. Beardsley, Bethany R. Burrill, Damian J. Martinez. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
November 4, 2016 Opinion or Order Filing 232 JOINDER filed by Defendant United Juice Corp joining in Joinder (Motion Related), #231 . (Martinez, Damian)
November 4, 2016 Opinion or Order Filing 231 JOINDER in NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, #197 #211 Pltfs Notice of PARTIAL Joinder With (and Thus PARTIAL Withdrawal of Opposition to) the Costco Defs Motion to Amend Scheduling Order filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
November 4, 2016 Opinion or Order Filing 230 NOTICE OF MEDIATION DATE filed. Mediation set for December 1, 2016.(Kuwana, Eric)
October 31, 2016 Opinion or Order Filing 229 MINUTES (IN CHAMBERS) Order Denying Ex Parte Application for Reconsideration #228 by Judge David O. Carter: Before the Court is Defendants Ex Parte Application for Reconsideration re Order on Motion to Strike (Application) (Dkt. 228). In the Application, Defendants ask the Court to reconsider its Order Granting Plaintiffs Ex Parte Application to Strike as Untimely Defendants Motion for Summary Judgment (Order) (Dkt. 225). Defendantsargue the Court should not have granted the Plaintiffs Ex Parte Application to Strike (Dkt. 224) before waiting twenty-four hours for the Defendants opposition. See Application at 2. However, the Court is entitled, on its own initiative, to strike untimely motions at any time. Defendants Motion for Summary Judgment was untimely. Therefore, Defendants Application is DENIED. (lwag)
October 26, 2016 Opinion or Order Filing 228 EX PARTE APPLICATION for Reconsideration re Order on Motion to Strike, #225 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration of Eric A. Kuwana, #2 Proposed Order) (Kuwana, Eric)
October 26, 2016 Opinion or Order Filing 227 STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Unopposed Motion for Stipulated Protective Order #219 . (kh)
October 26, 2016 Opinion or Order Filing 226 OPPOSITION to Plaintiffs Ex Parte Application to Strike re: EX PARTE APPLICATION to Strike As Untimely Defs. Motion for Sum. Judgment and Hearing Date for Same NOTICE OF MOTION AND MOTION for Summary Judgment as to each of the Plaintiffs causes of action #222 , Declaration (Motion related),, [22 #224 filed by Defendant Costco Wholesale Co., Inc.. (Kuwana, Eric) Modified on 10/26/2016 (dgo).
October 26, 2016 Opinion or Order Filing 225 ORDER Approving Ex Parte Consideration and Granting Motion to Strike as Untimely the Defendants' Motion for Summary Judgment and Its Hearing Date #224 by Judge David O. Carter: Accordingly, the Motion is hereby stricken, as is the hearingdatefor the Motion, and no further response of the plaintiffs is required. (lwag)
October 25, 2016 Opinion or Order Filing 224 EX PARTE APPLICATION to Strike As Untimely Defs. Motion for Sum. Judgment and Hearing Date for Same NOTICE OF MOTION AND MOTION for Summary Judgment as to each of the Plaintiffs causes of action #222 , Declaration (Motion related),, #223 Pltfs Ex Parte Application for Order Striking as Untimely the Defs Motion for Summary Judgment and Hearing Date for Same filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Declaration of Denis W. Stearns in Support of Ex Parte Application for Order, #2 Proposed Order) (Stearns, Denis)
October 24, 2016 Opinion or Order Filing 223 DECLARATION of Daniel S. Trimmer in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to each of the Plaintiffs causes of action #222 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Kuwana, Eric)
October 24, 2016 Opinion or Order Filing 222 **STRICKEN PER DOCKET ENTRY #225** NOTICE OF MOTION AND MOTION for Summary Judgment as to each of the Plaintiffs causes of action filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 11/28/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Statement of Uncontroverted Facts and Conclusion of Law Supporting Motion for Summary Judgment, #2 Proposed Judgment) (Kuwana, Eric) Modified on 10/26/2016 (lwag).
October 24, 2016 Opinion or Order Filing 221 REPLY in Support of NOTICE OF MOTION AND MOTION for Order for Decertification #210 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration of Shelley Sefton)(Kuwana, Eric)
October 19, 2016 Opinion or Order Filing 220 ORDER Granting Ex Parte Motion to Amend Scheduling Conference Order #215 by Judge David O. Carter: The Court therefore GRANTS Defendants motion to amend the settlement conference order and IT IS SO ORDERED that: The settlement conference currently scheduled for November 21, 2016 before Magistrate Judge Jay Gandhi is cancelled and Upon confirming a date on which the parties will mediate the matter before a private mediator, the parties shall file a notice informing the Court of the date of said mediation. (lwag)
October 18, 2016 Opinion or Order Filing 219 NOTICE OF MOTION AND MOTION for Order for Approval of Stipulated Protective Order (Unopposed) filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 12/1/2016 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Attachments: #1 Proposed Stipulated Protective Order) (Kuwana, Eric)
October 18, 2016 Opinion or Order Filing 218 REPLY in Support of NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, #197 #211 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
October 17, 2016 Opinion or Order Filing 217 OPPOSITION to NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, #197 #211 Pltfs Response in Opposition to the Motion of the Defs Costco, Townsend Farms and Fallon Trading to Amend the Current Scheduling Order filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
October 17, 2016 Opinion or Order Filing 216 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Decertification #210 Plaintiffs' Memorandum in Opposition to the Defendants' Motion to Decertify filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Declaration of Denis W. Stearns in Opposition of the Defendants' Motion to Decertify Class, #2 Exhibit 1 - Fiore, #3 Exhibit 2 - Sewards, #4 Exhibit 3 - Faber, #5 Exhibit 4 - Lee, #6 Exhibit 5 - Troutman, #7 Exhibit 6 - Straka, #8 Exhibit 7 - Medrano, #9 Exhibit 8 - Petersen, #10 Exhibit 9 - Prather, #11 Exhibit 10 - Townsend, #12 Exhibit 11 - Wilson, #13 Exhibit 12 - Pltfs Discl Expert Testimony, #14 Declaration of William D. Marler)(Stearns, Denis)
October 17, 2016 Opinion or Order Filing 215 EX PARTE APPLICATION to Amend Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Hearing,,, #206 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration of Eric A. Kuwana, #2 Proposed Order, #3 Proposed Motion to Amend Settlement Conference Order, #4 Proposed Order Granting Motion to Amend Scheduling Conference Order) (Kuwana, Eric)
October 11, 2016 Opinion or Order Filing 214 Notice of Appearance or Withdrawal of Counsel: for attorney Damian J Martinez counsel for Defendant United Juice Corp. Adding Bethany R. Burrill as counsel of record for United Juice Corp. for the reason indicated in the G-123 Notice. Filed by Defendant United Juice Corp.. (Martinez, Damian)
October 11, 2016 Opinion or Order Filing 213 JOINDER in NOTICE OF MOTION AND MOTION for Order for Decertification #210 filed by Defendant United Juice Corp. (Martinez, Damian)
October 7, 2016 Opinion or Order Filing 212 ORDER by Judge David O. Carter granting #208 MOTION. The Court also VACATES the hearing on this matter set for October 17, 2016 at 8:30 a.m. (see document for details). (dro)
October 7, 2016 Opinion or Order Filing 211 NOTICE OF MOTION AND MOTION to Amend Order,,, Set/Reset Deadlines/Hearings,, #197 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 11/7/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Kuwana, Eric)
October 7, 2016 Opinion or Order Filing 210 NOTICE OF MOTION AND MOTION for Order for Decertification filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Motion set for hearing on 11/7/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Decertify Class, #2 Declaration of Daniel Trimmer and Appendix of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Proposed Order) (Kuwana, Eric)
September 21, 2016 Opinion or Order Filing 209 NOTICE of Change of address by Damian J Martinez attorney for Defendant United Juice Corp. Changing attorneys address to 300 South Grand Avenue, 14th Floor, Los Angeles, CA 90071 (effective September 21, 2016). Filed by Defendant United Juice Corp. (Martinez, Damian)
September 21, 2016 Opinion or Order Filing 208 Joint NOTICE OF MOTION AND MOTION to Court-Approval of the Plan for Notice and Form of Notice to Class Members filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. Motion set for hearing on 10/17/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum In Support of the Joint Motion, #2 Exhibit A - Notice of Pendency of A Class Action, #3 Exhibit B - Class Action Email, #4 Exhibit C - Class Action Postcard, #5 Exhibit D - Class Action Website, #6 Proposed Order Approving the Form of and Plan for Notice to Class Members) (Marler, William)
September 9, 2016 Opinion or Order Filing 207 Notice of Appearance or Withdrawal of Counsel: for attorney Gretchen A Ramos counsel for ThirdParty Defendant Purely Pomegranate Inc, Defendant Purely Pomegranate Inc. Gretchen A. Ramos is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third Party and Defendant Purely Pomegranate, Inc.. (Attorney Gretchen A Ramos added to party Purely Pomegranate Inc(pty:3pd))(Ramos, Gretchen)
September 2, 2016 Opinion or Order Filing 206 (IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi. IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a settlement conference on November 21, 2016 at 10:00 a.m., in Courtroom 6A of the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, 6th Floor, Santa Ana, California 92701. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. No party or counsel shall be excused absent leave from the Judge or until the settlement conference is adjourned. On or before November 14, 2016, each party shall submit a confidential mediation statement (or email) directly to the chambers of the Court at judge_gandhi_mediation@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court, and they will not be made part of the case file. (kh)
September 1, 2016 Opinion or Order Filing 205 MINUTE (IN CHAMBERS) Order to Appear For Mandatory Settlement Conference by Judge David O. Carter: The Court hereby ORDERS the parties and their lead trial counsel to appear for a mandatory settlement conference before the Honorable Jay C. Gandhi on November 21, 2016 at 10:00 a.m. (lwag)
August 2, 2016 Opinion or Order Filing 204 ORDER by Judge David O. Carter Granting APPLICATION to Substitute #203 . Substituting attorney Damian J Martinez for United Juice Corp in place and stead of attorney Eric Y Kizirian; Bryan M Leifer; Cary L Wood; Mary K Wyman; Heidi S Inman and Jon P Kardassakis. (lwag)
July 29, 2016 Opinion or Order Filing 203 Consent Order Granting Substitution of Attorney filed by Defendant United Juice Corp (Inman, Heidi) Modified on 8/1/2016 (lwag).
July 7, 2016 Opinion or Order Filing 202 MINUTE ORDER REGARDING THE RESOLUTION OF CERTAIN DISCOVERY DISPUTES re Hearing on MOTION to Take Deposition of Class-Representatives #198 held before Magistrate Judge Jay C. Gandhi: Case called. Appearances announced. The Court inquires into the discovery dispute. The Court announces its tentative ruling. The parties argue. The Court rules as articulated on the record. In sum, the plaintiffs' depositions are to occur in Los Angeles at the Century City office of Costco's counsel during a specific two-week period. The Court is mindful of Costcos right to adequately prepare for trial in this action; however, the Court also takes into account the potentially divergent schedules of the many plaintiffs involved here and desires to reasonably accommodate them under the present circumstances. Court Recorder: CS 7/7/2016. (kh)
June 23, 2016 Opinion or Order Filing 201 SUPPLEMENT to MOTION to Take Deposition of Class-Representatives. Joint Stip Pursuant to LR 37-2 Seeking Resolution of Certain Discovery Disputes Related to Taking Depositions of Class-Reps #198 filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
June 17, 2016 Opinion or Order Filing 200 NOTICE OF MOTION re MOTION to Take Deposition of Class-Representatives. Joint Stip Pursuant to LR 37-2 Seeking Resolution of Certain Discovery Disputes Related to Taking Depositions of Class-Reps #198 Amended Notice of Motion Re: Joint Stip filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. Motion set for hearing on 7/7/2016 at 10:00 AM before Magistrate Judge Jay C. Gandhi. (Marler, William)
June 16, 2016 Opinion or Order Filing 199 MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter: Referring Motion to Take Deposition of Class Representatives re: #198 . Before the Court is the Motion to Take Deposition of Class Representatives (Dkt. 198). The Court hereby refers this Motion to Magistrate Judge Gandhi for decision. Future motions related to discovery shall be noticed before the Magistrate Judge. (mba)
June 15, 2016 Opinion or Order Filing 198 NOTICE OF MOTION AND MOTION to Take Deposition of Class-Representatives. Joint Stip Pursuant to LR 37-2 Seeking Resolution of Certain Discovery Disputes Related to Taking Depositions of Class-Reps filed by Plaintiffs Suzanne Faber, Thomas Fiore, Leslie Lee, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. Motion set for hearing on 7/11/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Exhibit Exhibit No. 1, #2 Exhibit Exhibit No. 2, #3 Exhibit Exhibit No. 3, #4 Declaration Declaration of William D. Marler)(Marler, William)
May 19, 2016 Opinion or Order Filing 197 ORDER to Extend the Trial and All Current Deadlines #196 by Judge David O. Carter: In light of the parties' Stipulation to extend the remaining deadlines in order to coordinate and complete discovery and prepare for trial, IT IS SO ORDERED that: The trial date and all other associated dates, including a limited extension of the lay discovery deadline, expert discovery deadline, motion cutoff and final pretrial conference. The new deadlines shall be set as follows: Limited Lay Discovery Cutoff is July 18, 2016; Expert Reports is August 29, 2016; Rebuttals is September 15, 2016; Motion Cutoff is October 24, 2016; Final Pre-trial Conference is December 5, 2016; and Trial is January 17, 2017. See document for further information. (lwag)
May 16, 2016 Opinion or Order Filing 196 Joint STIPULATION to Continue Discovery, experts, pre-trial conference and trial date from Current to 60 days filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Proposed Order)(Marler, William)
March 25, 2016 Opinion or Order Filing 195 SCHEDULING NOTICE VACATING MOTION HEARING by Magistrate Judge Jay C. Gandhi: The hearing on the Motion for Order re Discovery Matter #182 is hereby VACATED, in light of the Notice of Withdrawal #192 filed on March 23, 2016. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
March 24, 2016 Opinion or Order Filing 194 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge David O. Carter: granting #191 APPLICATION to Appear Pro Hac Vice by Attorney Daniel S. Trimmer on behalf of Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc and Townsend Farms Inc, designating Austin T. Beardsley as local counsel. (lt)
March 24, 2016 Opinion or Order Filing 193 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Daniel S. Trimmer to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17515700 paid.) #191 . The following error(s) was found: Other error(s) with document(s) are specified below: Hearing dates are not required for PHV Applications. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt)
March 23, 2016 Opinion or Order Filing 192 Notice of Withdrawal of Motion for Order re Discovery Matter,, #182 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
March 23, 2016 Opinion or Order Filing 191 APPLICATION for attorney Daniel S. Trimmer to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17515700 paid.) filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Application set for hearing on 3/24/2016 at 09:00 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Beardsley, Austin)
March 17, 2016 Opinion or Order Filing 190 Supplemental Opposition Opposition re: MOTION for Order for Preservation Order #182 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Declaration Declaration of Kerry Rea)(Kuwana, Eric)
March 14, 2016 Opinion or Order Filing 189 Joint STIPULATION to Continue Deadlines to file Supplemental Opposition and Reply from March 10, 2016 and March 17, 2016, respectively to March 17, 2016 and March 24, 2016, respectively Re: Order,, Set/Reset Motion Hearing and R&R Deadlines, #188 , MOTION for Order for Preservation Order #182 filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Beardsley, Austin)
March 1, 2016 Opinion or Order Filing 188 ORDER CONTINUING PLAINTIFFS MOTION FOR A PRESERVATION ORDER AND REQUEST FOR SUPPLEMENTAL BRIEFING by Magistrate Judge Jay C. Gandhi, re Stipulation to Continue #187 : IT IS ORDERED that: 1) The hearing shall be continued to April 7, 2016 at 10:00 a.m., in Courtroom 6A; 2) Defendants shall file the supplemental opposition on or before March 10, 2016; and 3) Plaintiffs shall file a response, if any, on or before March 17, 2016. (kh)
February 29, 2016 Opinion or Order Filing 187 Joint STIPULATION to Continue Plaintiffs' Motion for a Preservation Order and Request for Supplemental Briefing from March 3, 2016 to April 7, 2016 Re: Text Only Scheduling Notice, 186 , MOTION for Order for Preservation Order #182 , Minutes of In Chambers Order/Directive - no proceeding held, #184 filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
February 16, 2016 Opinion or Order Filing 186 SCHEDULING NOTICE RE CONTINUANCE OF REFERRED MOTION by Magistrate Judge Jay C. Gandhi: In light of the referral of Plaintiffs' Motion for Order for Preservation Order #182 , previously set for hearing on February 29, 2016 before Judge David O. Carter, the motion shall now be heard on March 3, 2016 at 10:00 a.m. before Magistrate Judge Jay C. Gandhi in Courtroom 6A. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
February 12, 2016 Opinion or Order Filing 185 REPLY In Support of Motion MOTION for Order for Preservation Order #182 Plaintiffs' Memorandum in Reply to the Opposition Memorandum of the Defendants, and in Support of the Plaintiffs' Motion for a Preservation Order filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
February 11, 2016 Opinion or Order Filing 184 MINUTE (IN CHAMBERS) ORDER Referring Motion for a Preservation Order #182 by Judge David O. Carter: Before the Court is Plaintiff's Motion for Preservation Order (Dkt. 182). The Court hereby refers this motion to Magistrate Judge Gandhi for decision. (lwag)
February 8, 2016 Opinion or Order Filing 183 OPPOSITION in Opposition to re: MOTION for Order for Preservation Order #182 filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Beardsley, Austin)
January 29, 2016 Opinion or Order Filing 182 NOTICE OF MOTION AND MOTION for Order for Preservation Order filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. Motion set for hearing on 2/29/2016 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum and Points of Authorities in Support of the Pltfs' Motion for A Preservation Order, #2 Declaration Declaration of Denis Stearns with Exhibits, #3 Proposed Order)(Stearns, Denis)
January 25, 2016 Opinion or Order Filing 181 ORDER RE: Motion for Class Certification #133 by Judge David O. Carter: For the foregoing reasons, the Court GRANTS Plaintiff's Motion, insofar as it seeks to certify nine single-state subclasses for the purposes of determining liability. See document for further information. (lwag)
January 25, 2016 Opinion or Order Filing 180 NOTE CHANGES HAVE BEEN MADE TO THIS DOCUMENT** ORDER on Joint Stipulation by All Parties to Extend the Trial and All Current Deadlines by 60 Days #179 by Judge David O. Carter: IT IS ORDERED that the new deadlines shall be set as follows: Lay Discovery Cutoff is May 17, 2016; Expert Reports is June 30, 2016. Rebuttals is July 5, 2016; Motion Cutoff is August 15, 2016 at 8:30 a.m.; Final Pre-trial conference is September 19, 2016 at 8:30 a.m.; and Trial is October 17, 2016 at 8:30 a.m. (lwag)
January 22, 2016 Opinion or Order Filing 179 Joint STIPULATION to Continue Trial and All Current Deadlines by 60 Days, or in the Alternative Continue the Lay Discovery, Expert and Motion Related Deadlines Only from August 14, 2016 to After October 13, 2016 Re: Pretrial-Trial Scheduling Order - form only, #117 filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Attachments: #1 Proposed Order)(Kuwana, Eric)
January 11, 2016 Opinion or Order Filing 178 NOTICE of Opportunity to Inspect filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Kuwana, Eric)
January 7, 2016 Opinion or Order Filing 177 NOTICE of Association of Counsel associating attorney Mary K. Wyman on behalf of Defendant United Juice Corp. Filed by Defendant United Juice Corp (Attorney Mary K Wyman added to party United Juice Corp(pty:dft))(Wyman, Mary)
January 7, 2016 Opinion or Order Filing 176 NOTICE of Association of Counsel associating attorney Heidi S. Inman on behalf of Defendant United Juice Corp. Filed by Defendant United Juice Corp (Attorney Heidi S Inman added to party United Juice Corp(pty:dft))(Inman, Heidi)
November 10, 2015 Opinion or Order Filing 175 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Supplemental Briefing in Opposition to Plaintiffs' Motion for Class Certification filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Beardsley, Austin)
November 10, 2015 Opinion or Order Filing 174 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 United Juice Corp's Response to Court's Order for Additional Briefing filed by Defendant United Juice Corp. (Attorney Bryan M Leifer added to party United Juice Corp(pty:dft))(Leifer, Bryan)
November 3, 2015 Opinion or Order Filing 173 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Additional Briefing of the Plaintiffs In Support of Their Motion for Class Certification filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
November 3, 2015 Opinion or Order Filing 172 NOTICE OF FILING TRANSCRIPT filed for proceedings 2015/10/26, 8:30 a.m. re Transcript #171 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Parker, Deborah) TEXT ONLY ENTRY
November 3, 2015 Opinion or Order Filing 171 TRANSCRIPT for proceedings held on 10/26/2015, 8:30 a.m. Court Reporter: Deborah D. Parker, CSR 10342, phone number (657) 229-4305. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through TRANSCRIPTS@DDPARKER.COM or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/24/2015. Redacted Transcript Deadline set for 12/4/2015. Release of Transcript Restriction set for 2/1/2016. (Parker, Deborah)
November 3, 2015 Opinion or Order Filing 170 TRANSCRIPT ORDER re: Motion Hearing, 168 , as to defendant United Juice Corp Court Reporter. Court will contact Cora Ruvalcaba at cora.ruvalcaba@lewisbrisbois.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Kardassakis, Jon)
October 27, 2015 Opinion or Order Filing 169 MINUTE (IN CHAMBERS) ORDER for Additional Briefing RE: Motion for Summary Judgment [133[ by Judge David O. Carter: On October 26, 2015, the Court heard argument of Plaintiffs' Motion for Class Certification (Dkt. 134). Based on oral argument, the Court now requests additional briefing on the following issues: See document for information. Plaintiffs should respond to these inquiries and, if desired, propose any additional subclasses in no more than fifteen (15) pages on or before November 3, 2015. Defendants Costco, Townsend Farms, and Fallon Trading Company should respond to these inquiries in no more than ten pages (10) on or before November 10, 2015. Defendant United Juice in no more than ten pages (10) on or before November 10, 2015.(lwag)
October 26, 2015 Opinion or Order Filing 168 MINUTES OF Motion Hearing held before Judge David O. Carter re MOTION to Certify Class #133 : Motion Hearing held. Court to issue an order re additional briefing. Court Reporter: Deborah Parker. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
October 21, 2015 Opinion or Order Filing 167 NOTICE of Change of Lead Counsel changing lead counsel from Austin T. Beardsley to Eric A. Kuwana. filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc, (Kuwana, Eric)
October 21, 2015 Opinion or Order Filing 166 Notice of Appearance or Withdrawal of Counsel: for attorney Christina S Karayan counsel for Defendant United Juice Corp. Christina S. Karayan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by counsel Christina S Karayan. (Karayan, Christina)
October 20, 2015 Opinion or Order Filing 165 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Eric A.Kuwana to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16638648 paid.) #163 . The following error(s) was found: Other error(s) with document(s) are specified below: Failed to list any state courts where attorney is admitted. Attorney only listed federal courts See Instructions for Applicants (1) (G-64). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt)
October 19, 2015 Opinion or Order Filing 164 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge David O. Carter: granting #163 APPLICATION to Appear Pro Hac Vice by Attorney Eric A. Kuwana on behalf of Defendants Costco Wholesale Corporation, Townsend Farms, Inc. and Fallon Trading Co., designating Austin T. Beardsley as local counsel. (lt)
October 19, 2015 Opinion or Order Filing 163 APPLICATION for attorney Eric A.Kuwana to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16638648 paid.) filed by defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. Application set for hearing on 10/20/2015 at 09:00 AM before Judge David O. Carter. (Attachments: #1 Proposed Order) (Beardsley, Austin)
October 13, 2015 Opinion or Order Filing 162 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 . The Motion Hearing previously scheduled for 10/19/15 @ 8:30 AM has been rescheduled. Motion Hearing RESCHEDULED for 10/26/2015 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
October 5, 2015 Opinion or Order Filing 161 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Plaintiffs' Memorandum of Points and Authorities in Reply to the Opposition Memorandum of Defendant United Juice, and in Further Support of the Plaintiffs' Motion for Class Certification filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
October 5, 2015 Opinion or Order Filing 160 REPLY In Support of Motion NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Plaintiffs' Memorandum of Points and Authorities in Reply to the Opposition Memorandum of the Defendants Costco, Townsend Farms, and Fallon Trading, and in Support of the Plaintiffs' Motion for Class Certification filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Appendix)(Stearns, Denis)
September 28, 2015 Opinion or Order Filing 159 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Pursuant to Federal Rules of Civil Procedure 23(A) and 23(B)(3) filed by Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Townsend Farms Inc. (Beardsley, Austin)
September 28, 2015 Opinion or Order Filing 158 OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Defendant United Juice Corp. (Attachments: #1 Exhibit 1 - 2 to United Juice Corp's Opposition, #2 Declaration of Bryan Leifer as to Recent Case Law of Product Recall Cases Relating to United Juice Corp.'s Opposition to Plaintiffs' Motion for Class Certification, #3 Declaration of Bryan Leifer as to Variations in Law by Jurisdiction in Support of United Juice Corp.'s Opposition to Plaintiffs' Motion for Class Certification, #4 Exhibit 1 - 4 to Declaration of Bryan Leifer as to Variations In Law, #5 Declaration of Bryan Leifer Regarding Hepatitis A Testing, #6 Exhibit 1 -2 to Declaration of Bryan Leifer Re Hepatitis A Testing, #7 Exhibit 3 - 4 to Declaration of Bryan Leifer Re Hepatitis A Testing, #8 Exhibit 5 - 8 to Declaration of Bryan Leifer Re Hepatitis A Testing)(Attorney Jon P Kardassakis added to party United Juice Corp(pty:dft))(Kardassakis, Jon)
August 28, 2015 Opinion or Order Filing 157 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for ThirdParty Plaintiff Costco Wholesale Co., Inc., Defendant Costco Wholesale Co., Inc.. Adding Austin T. Beardsley as counsel of record for Costco Wholesale Corporation for the reason indicated in the G-123 Notice. Filed by Defendant/Third Party Plaintiff Costco Wholesale Corporation. (Attorney Austin T Beardsley added to party Costco Wholesale Co., Inc.(pty:3pp), Attorney Austin T Beardsley added to party Costco Wholesale Co., Inc.(pty:dft))(Beardsley, Austin)
August 27, 2015 Opinion or Order Filing 156 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for Defendant Fallon Trading Co Inc. Adding Austin T. Beardsley as counsel of record for Fallon Trading Co., Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Fallon Trading Co., Inc.. (Attorney Austin T Beardsley added to party Fallon Trading Co Inc(pty:dft))(Beardsley, Austin)
August 26, 2015 Opinion or Order Filing 155 NOTICE OF DISMISSAL filed by Third Party Plaintiffs Townsend Farms Inc pursuant to FRCP 41a(1) as to Purely Pomegranate Inc. (Weiss, Eric)
August 26, 2015 Opinion or Order Filing 154 Notice of Appearance or Withdrawal of Counsel: for attorney Courtnee A Draper counsel for ThirdParty Plaintiff Townsend Farms Inc, Defendant Townsend Farms Inc. Filed by Defendant/Third Party Plaintiff Townsend Farms, Inc. (Attorney Courtnee A Draper added to party Townsend Farms Inc(pty:3pp), Attorney Courtnee A Draper added to party Townsend Farms Inc(pty:dft))(Draper, Courtnee)
August 26, 2015 Opinion or Order Filing 153 Notice of Appearance or Withdrawal of Counsel: for attorney Austin T Beardsley counsel for ThirdParty Plaintiff Townsend Farms Inc, Defendant Townsend Farms Inc. Adding Austin T. Beardsley as counsel of record for Townsend Farms, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant/Third Party Plaintiff Townsend Farms, Inc.. (Attorney Austin T Beardsley added to party Townsend Farms Inc(pty:3pp), Attorney Austin T Beardsley added to party Townsend Farms Inc(pty:dft))(Beardsley, Austin)
August 26, 2015 Opinion or Order Filing 152 ORDER re Stipulation to Further Extend Time to Respond to Third-Party Complaint #151 , (Response due by 9/23/2015). (dgo)
August 24, 2015 Opinion or Order Filing 151 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 9/23/2015, re Third Party Complaint, #120 filed by Third-Party Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Further Extend Time to Respond to Third-Party Complaint)(Binion, Robert)
August 3, 2015 Opinion or Order Filing 150 MINUTES OF Status Conference Re Scheduling held before Judge David O. Carter: SA CV 15-0620-DOC (JCGx) and SA CV 15-0663-DOC (JCGx) shall be consolidated with SA CV 14-1176-DOC (JCGx). The plaintiffs are directed to file an amended consolidated complaint on or before August 17, 2015 and all future filings shall be filed only under the low number case, SA CV 14-1176-DOC (JCGx). The scheduling order already entered in SA CV 14-1176-DOC (JCGx) shall remain in place. The Court will not consolidate SA CV 15-0837-DOC (JCGx) and SA CV 15-0840-DOC (JCGx) at this time in order to allow the plaintiffs in those cases time to serve process on the defendants, although the parties are forewarned that the Court's intent is to consolidate the two cases for pretrial and trial purposes. Plaintiffs in those cases shall file proof of service within 30 days of service having been completed. The Court also will not consolidate Costco's and Townsend Farms's third-party claims in SA CV 13-1292-DOC (JCGx) and SA CV 14-1176-DOC (JCGx) with SA CV 15-0837-DOC (JCGx) at this time, based on the parties' representation that those third-party claims will soon be dismissed as a result of an out-of-court settlement. Court Reporter: Debbie Gale. (mt)
July 29, 2015 Opinion or Order Filing 149 Amendment to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
July 28, 2015 Opinion or Order Filing 148 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related), #144 , Declaration (Motion related), #146 , Declaration (Motion related), #138 , Declaration (Motion related), #143 , Declaration (Motion related), #137 , Declaration (Motion related), #145 , Declaration (Motion related), #142 , Declaration (Motion related), #139 , Declaration (Motion related), #141 , Declaration (Motion related), #140 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lwag)
July 27, 2015 Opinion or Order Filing 147 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 [Proposed] Order Granting Motion for Certification and Appointing Class Counsel filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
July 27, 2015 Opinion or Order Filing 146 DECLARATION of David Troutman in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 145 DECLARATION of Leslie Straka in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 144 DECLARATION of Frances Sewards in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
July 27, 2015 Opinion or Order Filing 143 DECLARATION of Jay Sewards in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 142 DECLARATION of Gayle Prather in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 141 DECLARATION of Jacob Petersen in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 140 DECLARATION of Andrea Medrano in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
July 27, 2015 Opinion or Order Filing 139 DECLARATION of Leslie Lee in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 138 DECLARATION of Thomas Fiore in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 137 DECLARATION of Suzanne Faber in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit 1)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 136 DECLARATION of Denis Stearns in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 135 DECLARATION of William D. Marler in support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Stearns, Denis)
July 27, 2015 Opinion or Order Filing 134 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification #133 Memorandum of Points and Authorities in Support of the Plaintiffs' Motion for Class Certification Pursuant to FRCP 23(A) and 23(B)(3) filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Exhibit A - Summary Chart)(Stearns, Denis)
July 27, 2015 Opinion or Order Filing 133 NOTICE OF MOTION AND MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. Motion set for hearing on 8/24/2015 at 08:30 AM before Judge David O. Carter. (Stearns, Denis)
July 27, 2015 Opinion or Order Filing 132 RESPONSE filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Strakato Minutes of In Chambers Order/Directive - no proceeding held,, #127 Joint Response to Order to Show Cause Why Cases Should Not Be Consolidated (Marler, William)
July 23, 2015 Opinion or Order Filing 131 ORDER by Judge David O. Carter: Granting Stipulation Extending Time to Respond Third Party Complaint #130 . The deadline for Defendant Purely Pomegranate, Inc.'s response to the Third-Party Complaint of Townsend Farms, Inc. and Costco extended to August 24, 2015. (mt)
July 22, 2015 Opinion or Order Filing 130 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 8/24/2015, re Third Party Complaint, #120 filed by Third-Party Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Further Extend Time to Respond to Third-Party Complaint)(Binion, Robert)
July 6, 2015 Opinion or Order Filing 129 ORDER on Stipulation to Extend Time to Respond to Third-Party Complaint #128 by Judge David O. Carter: THE COURT, HAVING CONSIDERED THE PARTIES' Stipulation to Extend Time to Respond to Third-Party Complaint, hereby orders as follows: That Defendant Purely Pomegranate, Inc's response to the Third-Party Complaint of Townsend Farms Inc and Costco be extended by seventeen (17) days from July 7, 2015 up to and including July 24, 2015. (lwag)
July 6, 2015 Opinion or Order Filing 128 STIPULATION Extending Time to Answer the complaint as to re Third Party Complaint, #120 filed by Third-Party Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order on Stipulation to Extend Time to Respond to Third-Party Complaint)(Attorney Robert Alfred Binion added to party Purely Pomegranate Inc(pty:3pd))(Binion, Robert)
June 23, 2015 Opinion or Order Filing 127 AMENDED MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter: re: Order to Show Cause Why Case Should Not Be Consolidated. Accordingly, the Court ORDERS as follows: Plaintiffs in all cases shall serve this minute order upon any defendants who have not yet appeared. The parties shall file a joint response to this Order to Show Cause on or before July 27, 2015. A status conference to discuss scheduling of all cases is set for August 3, 2015, at 8:30 a.m. The Clerk shall serve this minute order on the parties. (see document for details). (dro) (Main Document 127 replaced on 6/24/2015) (dro).
June 23, 2015 Opinion or Order Filing 126 MINUTE ORDER (IN CHAMBERS) by Judge David O. Carter Re ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. The Court ORDERS as follows: Plaintiffs in all cases shall serve this minute order upon any defendants who have not yet appeared. The parties shall file a joint response to this Order to Show Cause on or before July 27, 2015. *See Order for details. (jtil)
April 30, 2015 Opinion or Order Filing 125 21 DAY Summons Issued re Third Party Complaint, #120 as to Third Party Defendants Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S., Purely Pomegranate Inc. (lwag)
April 29, 2015 Opinion or Order Filing 124 Request for Clerk to Issue Summons on Third Party Complaint, #120 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms Inc. (Weiss, Eric)
April 28, 2015 Opinion or Order Filing 123 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #121 , Summons Request #122 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (mba)
April 24, 2015 Opinion or Order Filing 122 Request for Clerk to Issue Summons on Third Party Complaint, #120 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms Inc. (Weiss, Eric)
April 24, 2015 Opinion or Order Filing 121 Request for Clerk to Issue Summons on Third Party Complaint, #120 filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms Inc. (Weiss, Eric)
April 24, 2015 Opinion or Order Filing 120 THIRD PARTY COMPLAINT against Third-Party Defendants Purely Pomegranate Inc, Goknur Foodstuffs Import Export Trading and Production Company ; Yes, filed by Third Party Plaintiffs Costco Wholesale Co., Inc., Townsend Farms Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weiss, Eric)
March 26, 2015 Opinion or Order Filing 119 ORDER Granting #118 Motion to Dismiss Defendant Purely Pomegranate Inc. Terminating Purely Pomegranate Inc. (a California corporation). by Judge David O. Carter: (dgo)
March 25, 2015 Opinion or Order Filing 118 NOTICE OF MOTION AND MOTION to Dismiss Defendant All Plaintiffs Plaintiffs' Notice of Motion and Unopposed Motion for Dismissal of Defendant Purely Pomegranate without Prejudice Pursuant to FRCP 41(a)(2) filed by Plaintiffs Jay Sewards, Thomas Fiore, Anthony McConaghy, Jacob Petersen, Suzanne Faber, Gayle Prather, Jenabe Caldwell, Leslie Lee, Motoko Caldwell, Frances Seward, Leslie Straka, Christopher Mason. Motion set for hearing on 4/27/2015 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Marler, William)
March 11, 2015 Opinion or Order Filing 117 SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter: Discovery cut-off 3/18/2016, Motions cut-off due by 6/13/2016 @ 8:30 AM, Final Pretrial Conference set for 7/18/2016 @ 8:30 AM, Jury Trial set for 8/14/2016 @ 8:30 AM before Judge David O. Carter. SEE ORDER FOR ADDITIONAL INFORMATION. (dgo)
March 11, 2015 Opinion or Order Filing 116 MINUTES OF Scheduling Conference/Status Conference RE Subject Matter Jurisdiction held before Judge David O. Carter. Stipulation to dismiss defendant PPI due by 3/25/15. Third party complaint to be filed by 4/24/15. Motion for Class Certification due by 7/27/15. Scheduling Order to be issued with remaining dates.Court Reporter: Deborah Parker. (twdb)
March 4, 2015 Opinion or Order Filing 113 MINUTES OF Scheduling Conference held before Judge David O. Carter. Matter is continued to 3/11/2015 at 07:30 AM before Judge David O. Carter. Court Reporter: Debbie Gale. (nbo)
March 3, 2015 Opinion or Order Filing 115 ORDER by Judge David O. Carter: granting #112 Application to Appear Pro Hac Vice by Attorney David A. Ernst on behalf of Defendants Costco Wholesale Co., Inc. and for Townsend Farms, Inc., designating Guy R. Gruppie as local counsel. (lt)
March 3, 2015 Opinion or Order Filing 114 ORDER by Judge David O. Carter: granting #111 Application to Appear Pro Hac Vice by Attorney Nicholas A. Kampars on behalf of Defendants Costco Wholesale Co., Inc. and for Townsend Farms, Inc., designating Guy R. Gruppie as local counsel. (lt)
March 3, 2015 Opinion or Order Filing 112 APPLICATION for attorney David A. Ernst to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15305303 paid.) filed by Defendant Townsend Farms Inc. (Weiss, Eric)
March 3, 2015 Opinion or Order Filing 111 APPLICATION for attorney Nicholas A. Kampars to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15304925 paid.) filed by Defendant Townsend Farms Inc. (Weiss, Eric)
February 25, 2015 Opinion or Order Filing 109 Notice of Electronic Filing re Notice of Deficiency in Electronically Filed Documents (G-112A) #108 e-mailed to Attorney Denis Stearns at dstearns@markerclark.com bounced due to typo in email address. Primary e-mail address corrected. Notice of Electronic Filing resent addressed to dstearns@marlerclark.com. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
February 24, 2015 Opinion or Order Filing 110 ORDER by Judge David O. Carter: granting #107 Application to Appear Pro Hac Vice by Attorney Denis Stearns on behalf of Plaintiff, designating Adam T. Kent as local counsel. (lt)
February 24, 2015 Opinion or Order Filing 108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First APPLICATION for attorney Denis Stearns to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15257302 paid.) #107 . The following error(s) was found: Other error(s) with document(s) are specified below: No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64); Incorrect form for Association of Counsel; Submitted Good Standing Certificate that is over 30 days old. Certificate issued on 1/23/15 & application was filed on 1/23/15. See Local Rule 83-2.1.3.3. (WI). In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt)
February 23, 2015 Opinion or Order Filing 107 First APPLICATION for attorney Denis Stearns to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15257302 paid.) filed by Plaintiff Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Civil Cover Sheet APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE, #2 Exhibit CERTIFICATES OF GOOD STANDING, #3 Proposed Order PROPOSED ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE)(Gordon, Frederic)
February 23, 2015 Opinion or Order Filing 106 Notice of Appearance or Withdrawal of Counsel: for attorney Frederic L Gordon counsel for Plaintiff Jacob Petersen. Adding Adam T. Kent as attorney as counsel of record for Jacob Petersen for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Gordon, Frederic)
February 19, 2015 Opinion or Order Filing 105 SCHEDULING NOTICE by Judge David O. Carter: Scheduling Conference/Status Conference, re Subject Matter Jurisdiction set for 3/4/2015 @ 8:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
February 12, 2015 Opinion or Order Filing 104 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew M Taylor counsel for Defendant United Juice Corp. Filed by Defendant United Juice Corp.. (Taylor, Matthew)
January 27, 2015 Opinion or Order Filing 102 MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO APPEAR FOR MANDATORY SETTLEMENT CONFERENCE. See minute order for more information. ( Settlement Conference set for 2/12/2015 07:30 AM before Judge David O. Carter.) (twdb)
January 26, 2015 Opinion or Order Filing 103 MINUTES OF Scheduling/Status Conference held before Judge David O. Carter: The Court and counsel confer. The Court sets a settlement conference for 2/12/2015 @ 7:30 a.m. with Special Master Timothy Gallagher. Minute Order to be issued. Court Reporter: Not Present. (mt)
January 23, 2015 Opinion or Order Filing 101 ANSWER to Amended Complaint #71 DEFENDANT PURELY POMEGRANATE, INC.S ANSWER TO THIRD AMENDED COMPLAINT filed by defendant Purely Pomegranate Inc.(Binion, Robert)
January 22, 2015 Opinion or Order Filing 100 NOTICE of Appearance filed by attorney Christina S Karayan on behalf of Defendant United Juice Corp (Attorney Christina S Karayan added to party United Juice Corp(pty:dft))(Karayan, Christina)
January 20, 2015 Opinion or Order Filing 99 ORDER by Judge David O. Carter: granting #98 Request to Substitute Attorney. Attorney Larry N Willis; Scott S Blackstone and Garrett S Gregor terminated (twdb)
January 16, 2015 Opinion or Order Filing 98 REQUEST TO SUBSTITUTE ATTORNEY Mark A. Weinstein in place of attorney Scott S. Blackstone WILLIS DEPASQUALE, LLP filed by Defendant Fallon Trading Co Inc. (Attachments: #1 Proposed Order)(Attorney Mark A Weinstein added to party Fallon Trading Co Inc(pty:dft))(Weinstein, Mark)
January 9, 2015 Opinion or Order Filing 97 JOINT REPORT Rule 26(f) Discovery Plan Joint Report of Rule 26(f) Planning Conference of All Parties for January 26, 2015 Scheduling and Status Conference ; estimated length of trial 4 days, filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka.. (Attachments: #1 Exhibit A - Rule 26(f) Planning Report filed in Walters)(Marler, William)
December 29, 2014 Opinion or Order Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Rodney L Eshelman counsel for Defendant Purely Pomegranate Inc. Rodney L. Eshelman is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Purely Pomegranate, Inc.. (Eshelman, Rodney)
November 26, 2014 Opinion or Order Filing 95 MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO APPEAR FOR MANDATORY SETTLEMENT CONFERENCE. See minute order for more information. ( Settlement Conference set for 12/15/2014 07:00 AM before Judge David O. Carter.) (twdb)
November 24, 2014 Opinion or Order Filing 94 (Pearl, Carmine)
November 24, 2014 Opinion or Order Filing 93 (Pearl, Carmine)
November 17, 2014 Opinion or Order Filing 92 MINUTES OF Scheduling Conference held before Judge David O. Carter. Discovery in this matter is stayed. All pending dates are VACATED. Scheduling Conference/Status Conference re consolidation is adjourned to January 26, 2015 @ 8:30 AM. Counsel are ordered to file a new Joint Rule 26(f) Plan. Scheduling Conference adjourned to 1/26/2015 at 08:30 AM before Judge David O. Carter.Court Reporter: C/S 11/17/14. (twdb)
November 12, 2014 Opinion or Order Filing 91 NOTICE Initial Rule 26(A)(1) Disclosures filed by Defendant Townsend Farms Inc. (Weiss, Eric)
November 12, 2014 Opinion or Order Filing 90 MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter: Order Denying Purely Pomegranate Inc.'s Motion to Dismiss with Prejudice Claims asserted by Colorado and Idaho Claimants for Failure to State a Claim #82 . The Court finds this matter appropriate for resolution without oral argument. Having considered the papers, the Court DENIES PPIs Motion. (nbo)
November 4, 2014 Opinion or Order Filing 89 Notice of Appearance or Withdrawal of Counsel: for attorney G David Godwin counsel for Defendant Purely Pomegranate Inc. Richard John Zuromski is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Purely Pomegranate, Inc.. (Godwin, G)
November 3, 2014 Opinion or Order Filing 88 REPLY in Support of MOTION to Dismiss with Prejudice Claims Asserted by Colorado and Idaho Claimants for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same #82 filed by Defendant Purely Pomegranate Inc. (Binion, Robert)
October 29, 2014 Opinion or Order Filing 87 RESPONSE filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Strakato Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Hearing,,,, Set/Reset Motion Hearing and R&R Deadlines,,, #86 Joint Response of the Parties to Order to Show Cause Why All Cases Should Not Be Consolidated (Attachments: #1 Exhibit A Joint Report Rule 26(f))(Marler, William)
October 21, 2014 Opinion or Order Filing 86 MINUTES (IN CHAMBERS) Order to Show Cause Why Cases Should Not Be Consolidated by Judge David O. Carter. Accordingly, the Court ORDERS as follows: The parties shall file a joint response to this Order to Show Cause on or before November 3, 2014. The scheduling conferences for Walters and Echard are advanced to November 17, 2014, at 8:30 a.m. A status conference to discuss consolidation and scheduling for Petersen is also set at November 17, 2014, at 8:30 a.m. The hearing date for Defendant Purely Pomegranate, Inc.'s Motion to Dismiss in Petersen (13-1292, Dkt. 82) shall be continued to November 17, 2014, at 8:30 a.m, the same time as Defendant Purely Pomegranate, Inc.'s Motion to Dismiss in Walters (14-1176, Dkt. 24). The Clerk shall serve this minute order on the parties. (see document for details). (dro)
October 21, 2014 Opinion or Order Filing 85 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew M Taylor counsel for Defendant United Juice Corp. Filed by Defendant United Juice Corp. (Taylor, Matthew)
October 20, 2014 Opinion or Order Filing 84 OPPOSITION to MOTION to Dismiss with Prejudice Claims Asserted by Colorado and Idaho Claimants for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same #82 Plaintiffs' Opposition to Purely Pomegranante's Motion to Dismiss with Prejudice Claims Asserted by Colorod and Idaho Claimants filed by Plaintiffs Jenabe Caldwell, Motoko Caldwell, Suzanne Faber, Thomas Fiore, Leslie Lee, Christopher Mason, Anthony McConaghy, Jacob Petersen, Gayle Prather, Frances Seward, Jay Sewards, Leslie Straka. (Attachments: #1 Declaration Declaration of William D. Marler, #2 Exhibit Exhbit No. 1 - Motion, #3 Exhibit Exhibit No. 2 - Dec., #4 Exhibit Exhibit No. 3 - Reply, #5 Exhibit Exhibit No. 4 - Memo, #6 Exhibit Exhibit No. 5 - Dec., #7 Exhibit Exhibit No. 6 - Order)(Marler, William)
October 16, 2014 Opinion or Order Filing 83 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew M Taylor counsel for Defendant United Juice Corp. Filed by defendant UNITED JUICE CORP. (Attorney Matthew M Taylor added to party United Juice Corp(pty:dft))(Taylor, Matthew)
October 10, 2014 Opinion or Order Filing 82 NOTICE OF MOTION AND MOTION to Dismiss with Prejudice Claims Asserted by Colorado and Idaho Claimants for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same filed by Purely Pomegranate, Inc. Purely Pomegranate Inc. Motion set for hearing on 11/10/2014 at 08:30 AM before Judge David O. Carter. (Binion, Robert)
October 3, 2014 Opinion or Order Filing 81 ORDER by Judge David O. Carter on Stipulation Extending Time to Respond to Third Amended Complaint #80 . Defendant Purely Pomegranate, Inc.'s response to Plaintiff's Third Amended Complaint is extended by four days to 10/10/14. (nbo)
October 2, 2014 Opinion or Order Filing 80 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 10/10/2014, re Amended Complaint #71 filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order [PROPOSED] ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO THIRD AMENDED COMPLAINT)(Binion, Robert)
September 25, 2014 Opinion or Order Filing 79 ANSWER to Amended Complaint #71 filed by Defendant Fallon Trading Co Inc.(Pearl, Carmine)
September 23, 2014 Opinion or Order Filing 78 ANSWER To Third Amended Complaint filed by Defendant Costco Wholesale Co., Inc..(Attorney Eric P Weiss added to party Costco Wholesale Co., Inc.(pty:dft))(Weiss, Eric)
September 22, 2014 Opinion or Order Filing 77 ORDER by Judge David O. Carter Granting Stipulation to Extend Time to Respond to THird Amended Complaint #75 . Defendant Purely Pomegranate Inc answer due 10/6/2014. (mt)
September 19, 2014 Opinion or Order Filing 76 WAIVER OF SERVICE Returned Executed filed by Plaintiffs Jay Sewards, Thomas Fiore, Anthony McConaghy, Jacob Petersen, Suzanne Faber, Gayle Prather, Jenabe Caldwell, Leslie Lee, Motoko Caldwell, Frances Seward, Leslie Straka, Christopher Mason. Waiver of Service signed by David Ernst. (Marler, William)
September 18, 2014 Opinion or Order Filing 75 STIPULATION for Extension of Time to File RESPONSE TO THIRD AMENDED COMPLAINT as to Amended Complaint #71 filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order [PROPOSED] ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO THIRD AMENDED COMPLAINT)(Binion, Robert)
September 18, 2014 Opinion or Order Filing 74 ANSWER to Plaintiff's Third Amended Complaint filed by defendant United Juice Corp.(Kizirian, Eric)
September 5, 2014 Opinion or Order Filing 73 21 DAY Summons Issued re Amended Complaint #71 as to Defendants Costco Wholesale Co., Inc., Fallon Trading Co Inc, Purely Pomegranate Inc, Townsend Farms Inc, United Juice Corp. (nbo)
September 4, 2014 Opinion or Order Filing 72 Request for Clerk to Issue Summons on Amended Complaint #71 filed by Plaintiff Jacob Petersen. (Marler, William)
September 4, 2014 Opinion or Order Filing 71 Third AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, #19 , filed by Plaintiff Jacob Petersen (Marler, William)
August 27, 2014 Opinion or Order Filing 70 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying #48 Motion to Strike ; granting #49 Motion to Dismiss Case ; finding as moot #50 Motion to Amend/Correct. (twdb)
August 6, 2014 Opinion or Order Filing 69 NOTICE OF ERRATA filed by Defendant Purely Pomegranate Inc. correcting Report #68 Errata: Report to Court Regarding Mediation (Attachments: #1 Declaration Proof of Service)(Binion, Robert)
August 6, 2014 Opinion or Order Filing 68 REPORT filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Declaration Proof of Service)(Binion, Robert)
August 1, 2014 Opinion or Order Filing 67 DECLARATION of William D. Marler re Reply (Motion related), #59 Declaration of William D. Marler as a Supplement to Pltf's Reply Brief in Support of Motion for Leave to File A Third Amended Complaint filed by Plaintiff Jacob Petersen. (Marler, William)
July 25, 2014 Opinion or Order Filing 66 DECLARATION of William D. Marler re Reply (Motion related), #59 Declaration of William D. Marler as a Supplement to Pltf's Reply Brief in Support of Motion for Leave to File A Third Amended Complaint filed by Plaintiff Jacob Petersen. (Marler, William)
July 22, 2014 Opinion or Order Filing 65 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: Vacating and taking under advisement #48 Motion to Strike ; taking under advisement #49 Motion to Dismiss Case ; taking under advisement #50 Motion to Amend/Correct. (twdb)
July 16, 2014 Opinion or Order Filing 64 ORDER by Judge David O. Carter, granting Stipulated REQUEST to Extend Time #62 . ( Last date to conduct settlement conference is 7/31/2014.) (twdb)
July 16, 2014 Opinion or Order Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Extend Time #62 . The following error(s) was found: Incorrect event selected. The correct event is: Stipulation. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lwag)
July 15, 2014 Opinion or Order Filing 62 Stipulation to Extend Time for Settlement Conference re: Minutes of In Chambers Order/Directive - no proceeding held, #47 (Attachments: #1 Proposed Order on Stipulated Motion to Extend Time for Settlement Conference)(Marler, William) Modified on 7/16/2014 (lwag).
July 14, 2014 Opinion or Order Filing 61 REPLY Reply In Support of Motion to Dismiss MOTION to Dismiss Case PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF STANDING AND FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME #49 filed by Defendant Purely Pomegranate Inc. (Ramos, Gretchen)
July 14, 2014 Opinion or Order Filing 60 REPLY Reply In Support of Motion to Strike MOTION to Strike Class Allegations, Requests for Attorneys Fees Amended Complaint, #19 PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO STRIKE CLASS ALLEGATIONS, AND REQUEST FOR ATTORNEYS FEES FROM SECOND AMENDED COMPLAINT; MEMORANDUM #48 filed by Defendant Purely Pomegranate Inc. (Ramos, Gretchen)
July 14, 2014 Opinion or Order Filing 59 REPLY SUPPORT Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support #50 Plaintiff Jacob Petersen's Reply Brief in Support of Motion for Leave to File A Third Amended Complaint filed by Plaintiff Jacob Petersen. (Marler, William)
July 11, 2014 Opinion or Order Filing 58 OPPOSITION to MOTION to Strike Class Allegations, Requests for Attorneys Fees Amended Complaint, #19 PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO STRIKE CLASS ALLEGATIONS, AND REQUEST FOR ATTORNEYS FEES FROM SECOND AMENDED COMPLAINT; MEMORANDUM #48 PLAINTIFF JACOB PETERSEN'S BRIEF IN OPPOSITION TO DEFENDANT PURELY POMEGRANANTE'S MOTION TO STRIKE filed by Plaintiff Jacob Petersen. (Attachments: #1 Declaration of William D. Marler)(Marler, William)
July 8, 2014 Opinion or Order Filing 57 ORDER by Judge David O. Carter Re Hearing and Briefing Dates for Purely Pomegranate's Motion to Dismiss and Motion to Strike #52 . See document for details. (nbo)
July 7, 2014 Opinion or Order Filing 56 DECLARATION of Robert Binion in Opposition Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support #50 filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Exhibit Signature, #2 Exhibit Exh 1, #3 Exhibit Exh 2, #4 Exhibit Exh 3, #5 Exhibit Exh 4, #6 Exhibit Exh 5, #7 Exhibit Exh 6, #8 Exhibit Exh 7)(Ramos, Gretchen)
July 7, 2014 Opinion or Order Filing 55 MEMORANDUM in Opposition to Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support #50 filed by Defendant Purely Pomegranate Inc. (Attorney Gretchen A Ramos added to party Purely Pomegranate Inc(pty:dft))(Ramos, Gretchen)
July 7, 2014 Opinion or Order Filing 54 Opposition re: Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support #50 filed by Defendant Fallon Trading Co Inc. (Pearl, Carmine)
July 7, 2014 Opinion or Order Filing 53 OPPOSITION to MOTION to Dismiss Case PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF STANDING AND FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME #49 PLAINTIFF JACOB PETERSEN'S BRIEF IN OPPOSITION TO DEFENDANT PURELY POMEGRANATE'S MOTION TO DISMISS filed by Plaintiff Jacob Petersen. (Attachments: #1 Declaration)(Marler, William)
July 3, 2014 Opinion or Order Filing 52 Stipulation Regarding Hearing and Briefing on PPI's Motion to Dismiss and Motion to Strike (Attachments: #1 Proposed Order)(Binion, Robert)
June 30, 2014 Opinion or Order Filing 51 EXHIBIT 2 to Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support #50 Notice of Errata filed by Plaintiff Jacob Petersen. (Attachments: #1 Exhibit Third Amended Complaint)(Marler, William)
June 30, 2014 Opinion or Order Filing 50 NOTICE OF MOTION AND Second MOTION to Amend Complaint Motion for Leave to File Third Amended Complaint; Memo of Points and Auth in Support filed by Plaintiff Jacob Petersen. Motion set for hearing on 7/28/2014 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order Re Pltfs Motion for Leave to Amend Complaint)(Marler, William)
June 25, 2014 Opinion or Order Filing 49 NOTICE OF MOTION AND MOTION to Dismiss Case PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT FOR LACK OF STANDING AND FOR FAILURE TO STATE A CLAIM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME filed by Defendant Purely Pomegranate Inc. Motion set for hearing on 8/4/2014 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Supplement Request for Judicial Notice, #2 Exhibit Exhibits A-I to Request for Judicial Notice)(Yoshino, Troy)
June 25, 2014 Opinion or Order Filing 48 NOTICE OF MOTION AND MOTION to Strike Class Allegations, Requests for Attorneys Fees Amended Complaint, #19 PURELY POMEGRANATE, INC.S NOTICE OF MOTION AND MOTION TO STRIKE CLASS ALLEGATIONS, AND REQUEST FOR ATTORNEYS FEES FROM SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant Purely Pomegranate Inc. Motion set for hearing on 8/4/2014 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Supplement Request for Judicial Notice, #2 Exhibit Exhibits A-H to Request for Judicial Notice)(Yoshino, Troy)
June 12, 2014 Opinion or Order Filing 47 MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER ON LETTER REGARDING SETTLEMENT CONFERENCE. As of this date, Defendants have filed no opposition to Plaintiffs request for a mediation conference. Therefore, the Court GRANTS the request and ORDERS the parties to engage in a mediation session with Timothy Gallagher on or before July 21, 2014. re: #45 . (twdb)
June 9, 2014 Opinion or Order Filing 46 NOTICE of Appearance filed by attorney Gina E Och on behalf of Defendant Townsend Farms Inc (Attachments: #1 Proof of Service)(Attorney Gina E Och added to party Townsend Farms Inc(pty:dft))(Och, Gina)
June 3, 2014 Opinion or Order Filing 45 Notice of filing Correspondence to Hon. David O. Carter filed by Plaintiff Jacob Petersen (Marler, William)
April 30, 2014 Opinion or Order Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #42 . The following error(s) was found: Other error(s) with document(s) are specified below. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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)
April 29, 2014 Opinion or Order Filing 43 ANSWER to Amended Complaint, #19 filed by Defendant Townsend Farms Inc.(Weiss, Eric)
April 28, 2014 Opinion or Order Filing 42 (Attorney Eric P Weiss added to party Townsend Farms Inc(pty:dft))(Weiss, Eric)
April 21, 2014 Opinion or Order Filing 41 MINUTES OF Scheduling Conference held before Judge David O. Carter. The Court sets the following case management dates: Motion for Class Certification 12/15/2014. Opposition to Class Certification 2/2/2015. Reply to Class Certification 2/16/2015. Discovery cut-off 6/1/2015. Motions due by 7/13/2015. Final Pretrial Conference set for 9/28/2015 08:30 AM before Judge David O. Carter. Jury Trial set for 10/6/2015 08:30 AM before Judge David O. Carter. See document for further details. Court Recorder: C/S 4/21/14. (mba)
April 21, 2014 Opinion or Order Filing 40 SCHEDULING ORDER by Judge David O. Carter. (See Order for details.) (jba)
April 17, 2014 Opinion or Order Filing 39 ORDER by Judge David O. Carter Extending Time to Respond to Second Amended Complaint #38 . Townsend Farms, Inc's time to respond to Plaintiff's Second Amended Complaint shall be extended to 04/29/14. (nbo)
April 16, 2014 Opinion or Order Filing 38 STIPULATION for Extension of Time to File Answer to 04/29/2014 re Amended Complaint, #19 filed by Defendat Townsend Farms Inc. (Attachments: #1 Proposed Order)(Attorney Guy R Gruppie added to party Townsend Farms Inc(pty:dft))(Gruppie, Guy)
April 15, 2014 Opinion or Order Filing 37 JOINT REPORT of PARTIES' PLANNING MEETING filed by Plaintiff Jacob Petersen. (Marler, William)
April 8, 2014 Opinion or Order Filing 36 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying #32 #35 Motion to Stay Case and continue. Both motions are therefore DENIED WITHOUT PREJUDICE at this time. The Court CONTINUES the scheduling conference to April 21, 2014, at 8:30 a.m. (twdb)
March 28, 2014 Opinion or Order Filing 35 STIPULATION for Order Extend Time for Rule 26(f) Report and Scheduling Conference Pending Ruling on Motion to Stay filed by Plaintiff Jacob Petersen. (Attachments: #1 Proposed Order)(Marler, William)
March 19, 2014 Opinion or Order Filing 34 ORDER Extending Time to Respond to Second Amended Complaint Pending Ruling on Motion to Stay by Judge David O. Carter. THE COURT, HAVING CONSIDERED THE PARTIES' Stipulation #33 to Extend Time to Respond to Second Amended Complaint Pending Ruling on Motion to Stay, hereby orders as follows: PPI's time to respond to Plaintiff's Second Amended Complaint shall be extended to twenty-one days after the Court issues an order on the parties' joint motion to stay [Dkt. No. 32]. Should the Court grant the parties stay, PPI's deadline to respond to the Second Amended Complaint shall also stayed pending further orders from the Court. IT IS SO ORDERED. (dro)
March 18, 2014 Opinion or Order Filing 33 STIPULATION for Extension of Time to File Response as to Amended Complaint, #19 filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order Extending Time to Respond to Second Amended Complaint Pending Ruling on Motion to Stay)(Binion, Robert)
March 18, 2014 Opinion or Order Filing 32 NOTICE OF MOTION AND First MOTION to Stay Case pending Motion to Transfer all Pending Federal class action cases into a multi-district litigation proceeding filed by Plaintiff Jacob Petersen. Motion set for hearing on 4/28/2014 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order)(Gordon, Frederic)
March 5, 2014 Opinion or Order Filing 31 ANSWER to Amended Complaint, #19 Second Amended Complaint filed by Defendant United Juice Corp.(Attorney Eric Y Kizirian added to party United Juice Corp(pty:dft))(Kizirian, Eric)
March 5, 2014 Opinion or Order Filing 30 CORPORATE DISCLOSURE STATEMENT filed by Defendant United Juice Corp identifying Goknur Foods, a private company as Corporate Parent. (Kizirian, Eric)
February 10, 2014 Opinion or Order Filing 29 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying #28 Motion for Extension of Deadlines. In light of the mediation scheduled for late February, the Court extends deadlines to respond to any pleadings until March 21, 2014. The scheduling conference is also continued to April 14, 2014. (twdb)
February 3, 2014 Opinion or Order Filing 28 NOTICE OF MOTION AND MOTION for Extension of Time to File Case Schedule Deadlines filed by defendant Purely Pomegranate Inc. Motion set for hearing on 3/3/2014 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Proposed Order [Proposed] Order on Motion to Extend Case Schedule Deadlines)(Binion, Robert)
January 28, 2014 Opinion or Order Filing 27 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 4/7/2014 AT 8:30 AM before Judge David O. Carter. (See Order for details.) (jba)
January 24, 2014 Opinion or Order Filing 26 Notice of Interested Parties filed by Defendant Fallon Trading Co Inc, identifying Amanda Fallon. (Pearl, Carmine)
January 24, 2014 Opinion or Order Filing 25 ANSWER to Amended Complaint, #19 JURY DEMAND. filed by Defendant Fallon Trading Co Inc.(Attorney Carmine J Pearl, II added to party Fallon Trading Co Inc(pty:dft))(Pearl, Carmine)
January 7, 2014 Opinion or Order Filing 24 ORDER by Judge David O. Carter Re: Stipulation for Extension of Time to File Response/Reply to Second Amended Complaint #23 . PPI's time to respond to Plaintiff's Second Amended Complaint shall be extended to 3/13/2014. (dg)
January 6, 2014 Opinion or Order Filing 23 STIPULATION for Extension of Time to File as to Amended Complaint, #19 filed by defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order [Proposed] Order Extending Time to Respond to Second Amended Complaint)(Attorney Robert Alfred Binion added to party Purely Pomegranate Inc(pty:dft))(Binion, Robert)
December 6, 2013 Opinion or Order Filing 22 WAIVER OF SERVICE Returned Executed filed by Plaintiff Jacob Petersen. Waiver of Service signed by Carmine J. Pearl II. (Gordon, Frederic)
November 22, 2013 Opinion or Order Filing 21 WAIVER OF SERVICE Returned Executed filed by Defendant Purely Pomegranate Inc. upon Purely Pomegranate Inc waiver sent by Plaintiff on 11/14/2013, answer due 1/13/2014. Waiver of Service signed by Robert Binion. (Binion, Robert)
November 14, 2013 Opinion or Order Filing 20 21 DAY Summons Issued re Second Amended Complaint, #19 as to defendants Fallon Trading Co Inc, Purely Pomegranate Inc, Townsend Farms Inc, United Juice Corp. (twdb)
November 14, 2013 Opinion or Order Filing 19 SECOND AMENDED COMPLAINT against defendants Does, Purely Pomegranate Inc, Townsend Farms Inc, Fallon Trading Co Inc, United Juice Corp amending Notice of Removal, #1 /Conformed copy of First Amended Complaint filed by plaintiff Jacob Petersen (twdb)
November 8, 2013 Opinion or Order Filing 18 ORDER by Judge David O. Carter: granting #11 Application to Appear Pro Hac Vice by Attorney William D. Marler on behalf of Plaintiff, designating Frederic L. Gordon as local counsel. (lt)
November 7, 2013 Opinion or Order Filing 17 ORDER by Judge David O. Carter, Granting Plaintiffs' MOTION for leave to Amend Complaint #15 . (twdb)
November 1, 2013 Opinion or Order Filing 16 SCHEDULING NOTICE by Judge David O. Carter. The Court VACATES the hearing for Plaintiff Jacob Petersen's Motion for Leave to Amended Complaint #15 . A ruling on the motion will be issued to all parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jba) TEXT ONLY ENTRY
October 3, 2013 Opinion or Order Filing 15 NOTICE OF MOTION AND First MOTION to Amend Amended Complaint filed by Plaintiff Jacob Petersen. Motion set for hearing on 11/4/2013 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion For Leave to Amend Complaint, #2 Declaration Declaration of Frederic L. Gordon in Support of Motion For Leave to Amend Complaint, #3 Proposed Order Proposed Order Re Motion For Leave to Amend Complaint)(Gordon, Frederic)
September 23, 2013 Opinion or Order Filing 14 ORDER granting Stipulation to Extend Time to Answer (More than 30 days) by Judge David O. Carter #13 . Defendants shall respond to Plaintiffs amendment to the Class Action Complaint on October 30, 2013 or thirty (30) days after the Court deems Plaintiffs amendment to the Class Action Complaint served and filed, whichever is later. defendant Purely Pomegranate Inc answer due 10/30/2013; Townsend Farms Inc answer due 10/30/2013 (twdb)
September 20, 2013 Opinion or Order Filing 13 STIPULATION for Extension of Time to File Answer to October 30, 2013 re Amended Complaint filed by Defendant Purely Pomegranate Inc. (Attachments: #1 Proposed Order)(Zuromski, Richard)
September 20, 2013 Opinion or Order Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney William D. Marler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12721179 paid.) #11 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Local counsel does not maintain an office within the District. See LR 83-2.1.3.4. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (lt)
September 19, 2013 Opinion or Order Filing 11 APPLICATION for attorney William D. Marler to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12721179 paid.) filed by Plaintiff Jacob Petersen. (Attachments: #1 Supplement Certificate of Good Standing, #2 Proposed Order Proposed Order re Application for Pro Hac Vice)(Gordon, Frederic)
August 30, 2013 Opinion or Order Filing 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #8 , Stipulation Extending Time to Answer (30 days or less) #9 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. Other error(s) with document(s): Certification of Interested Parties needed for plaintiff. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (dro)
August 26, 2013 Opinion or Order Filing 9 STIPULATION Extending Time to Answer the complaint as to re Stipulation Extending Time to Answer (30 days or less) #8 filed by Defendant Purely Pomegranate Inc.(Zuromski, Richard)
August 26, 2013 Opinion or Order Filing 8 STIPULATION Extending Time to Answer the complaint as to Purely Pomegranate Inc answer now due 9/30/2013, filed by Defendant Purely Pomegranate Inc.(Zuromski, Richard)
August 23, 2013 Opinion or Order Filing 7 Certificate of Compliance with Requirement to Give Notice ot Removal filed by Defendant Purely Pomegranate Inc (Attachments: #1 Exhibit A)(Zuromski, Richard)
August 23, 2013 Opinion or Order Filing 6 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to William D. Marler for Plaintiff Jacob Petersen. (Attachments: #1 G-64 Application, #2 G-64 Proposed Order) (lwag)
August 22, 2013 Opinion or Order Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag)
August 22, 2013 Opinion or Order Filing 4 REQUEST FOR JUDICIAL NOTICE in Support of Notice of Removal filed by Defendant Purely Pomegranate Inc. (lwag)
August 22, 2013 Opinion or Order Filing 3 NOTICE of Related Case(s) filed by Defendant Purely Pomegranate Inc. Related Case(s): None. (lwag)
August 22, 2013 Opinion or Order Filing 2 NOTICE of Interested Parties filed by Defendant Purely Pomegranate Inc. (lwag)
August 22, 2013 Opinion or Order Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2013-00654042 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge David O. Carter and Discovery to Magistrate Judge Jay C. Gandhi. (Filing fee $400 Paid). Filed by Defendant Purely Pomegranate Inc.(lwag)
August 22, 2013 Opinion or Order CONFORMED COPY OF FIRST AMENDED COMPLAINT attached as Exhibit C to Notice of Removal electronically filed in Orange County Superior Court on 6/10/12 filed by Plaintiff Jacob Petersen. (lwag)

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Search for this case: Jacob Petersen, et al v. Costco Wholesale Co., Inc., et al
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Plaintiff: Jenabe Caldwell
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Jacob Petersen
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Mary M Best
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Aerol Paden
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Andrea Medrano
Represented By: Frederic L Gordon
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Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Frances Seward
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: David Troutman
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
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Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Suzanne Faber
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Amy Paden
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Anthony McConaghy
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Thomas Fiore
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Gayle Prather
Represented By: Frederic L Gordon
Represented By: William D Marler
Represented By: Adam T Kent
Represented By: Frederic L. Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D. Marler
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Plaintiff: Motoko Caldwell
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Jay Sewards
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Leslie Straka
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Leslie Lee
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Plaintiff: Christopher Mason
Represented By: Adam T Kent
Represented By: Frederic L Gordon
Represented By: Richard Ramsey Waite
Represented By: Anthony T Marangon
Represented By: Denis Stearns
Represented By: William D Marler
Represented By: Frederic L. Gordon
Represented By: William D. Marler
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Defendant: Townsend Farms Inc
Represented By: Samantha Swietlikowski
Represented By: Eric A Kuwana
Represented By: Alexandra Rex Mayhugh
Represented By: Austin T Beardsley
Represented By: Caitlin B Munley
Represented By: Courtnee A Draper
Represented By: Daniel S Trimmer
Represented By: David A Ernst
Represented By: Eric P Weiss
Represented By: Gina E Och
Represented By: Guy R Gruppie
Represented By: Nicholas A Kampars
Represented By: Samantha A Strauss
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Defendant: Purely Pomegranate Inc
Represented By: G David Godwin
Represented By: Troy M Yoshino
Represented By: Gretchen A Ramos
Represented By: Richard John Zuromski, Jr
Represented By: Robert Alfred Binion
Represented By: Rodney L Eshelman
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Defendant: Does 1-10 inclusive
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Defendant: Costco Wholesale Co., Inc.
Represented By: Eric A Kuwana
Represented By: Gina E Och
Represented By: Alexandra Rex Mayhugh
Represented By: Austin T Beardsley
Represented By: Caitlin B Munley
Represented By: Courtnee A Draper
Represented By: Daniel S Trimmer
Represented By: David A Ernst
Represented By: Eric P Weiss
Represented By: Guy R Gruppie
Represented By: Nicholas A Kampars
Represented By: Samantha A Strauss
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Defendant: Fallon Trading Co Inc
Represented By: Eric A Kuwana
Represented By: Mark A Weinstein
Represented By: Alexandra Rex Mayhugh
Represented By: Austin T Beardsley
Represented By: Caitlin B Munley
Represented By: Carmine J Pearl, II
Represented By: Courtnee A Draper
Represented By: Daniel S Trimmer
Represented By: Garrett S Gregor
Represented By: Larry N Willis
Represented By: Samantha A Strauss
Represented By: Scott S Blackstone
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Defendant: United Juice Corp
Represented By: Eric Y Kizirian
Represented By: Jon P Kardassakis
Represented By: Damian J Martinez
Represented By: Kevin B Kelly
Represented By: Aaron Kollitz
Represented By: Austin T Beardsley
Represented By: Bethany R Burrill
Represented By: Bryan M Leifer
Represented By: Cary L Wood
Represented By: Christina S Karayan
Represented By: Eric Y. Kizirian
Represented By: Golnoush Akhavan
Represented By: Heidi S Inman
Represented By: Jon P. Kardassakis
Represented By: Mary K Wyman
Represented By: Matthew M Taylor
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3rd party defendant: Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S.
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3rd party defendant: MOES
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3rd party defendant: Goknur Gida Maddeleri Ith. Ihr. Tic. Ve San. A.S. doing business as Goknur Foodstuffs Import Export Trading and Production Co.
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