Darren Clevenger v. Welch Foods, Inc. et al
Plaintiff: Darren Clevenger
Defendant: Welch Foods, Inc., The Promotion In Motion Companies, Inc. and Does 1 through 25, inclusive
Case Number: 8:2020cv01859
Filed: September 24, 2020
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: John D Early
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2020 Opinion or Order Filing 28 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS ' MOTION TO DISMISS Defendant shall file an answer to the surviving claims in Plaintiffs FAC by December 1, 2020 #15 by Judge Cormac J. Carney: (lc) Modified on 11/18/2020 (lc).
November 16, 2020 Filing 27 REPLY In Support of Request for Judicial Notice In Support of Motion to Dismiss First Amended Complaint filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Silverman, Daniel)
November 16, 2020 Filing 26 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #15 filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Silverman, Daniel)
November 13, 2020 Filing 25 Notice of Withdrawal of Sealed Declaration in SupportDeclaration, #14 filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Silverman, Daniel)
November 10, 2020 Opinion or Order Filing 24 ORDER DENYING DEFENDANTS' APPLICATION TO FILE DOCUMENTS UNDER SEAL #13 by Judge Cormac J. Carney. The Court DENIES Defendants' application to seal. (iv)
October 26, 2020 Filing 23 OPPOSITION TO re: APPLICATION to file document Exhibit G to Request for Judicial Notice under seal #13 filed by Plaintiff Darren Clevenger. (Lanza, Anthony)
October 26, 2020 Filing 22 OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #15 filed by Plaintiff Darren Clevenger. (Lanza, Anthony)
October 22, 2020 Opinion or Order Filing 21 ORDER by Judge Cormac J. Carney, Granting Stipulation RE Briefing Schedule on Defendants' Motion to Dismiss and Local Rule 23-3 #20 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
October 22, 2020 Filing 20 STIPULATION to AMEND Stipulation and Order, #19 filed by Plaintiff Darren Clevenger. (Attachments: #1 Proposed Order)(Lanza, Anthony)
October 2, 2020 Opinion or Order Filing 19 ORDER GRANTING STIPULATION RE: BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (DKT. 17) by Judge Cormac J. Carney. The Court hereby orders as follows: Plaintiffs Opposition to the Motion to Dismiss Plaintiff's First Amended Complaint is due October 22, 2020; Defendants' Reply in Support Of The Motion to Dismiss Plaintiff's First Amended Complaint is due on November 12, 2020. (lom)
October 2, 2020 Filing 18 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on 12/31/2020. (cw)
October 1, 2020 Filing 17 STIPULATION for Order Re Briefing Schedule on Defendants Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Attachments: #1 Proposed Order)(Silverman, Daniel)
October 1, 2020 Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #15 filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Attachments: #1 Exhibit A to RJN, #2 Exhibit B to RJN, #3 Exhibit C to RJN, #4 Exhibit D to RJN, #5 Exhibit E to RJN, #6 Exhibit F to RJN, #7 Exhibit G to RJN)(Silverman, Daniel)
October 1, 2020 Filing 15 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. Motion set for hearing on 11/30/2020 at 01:30 PM before Judge Cormac J. Carney. (Silverman, Daniel)
October 1, 2020 Filing 14 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit G to Request for Judicial Notice under seal #13 filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Attachments: #1 Declaration Silverman Declaration ISO Application to File Under Seal, #2 Unredacted Document Exhibit G to RJN)(Silverman, Daniel)
October 1, 2020 Filing 13 APPLICATION to file document Exhibit G to Request for Judicial Notice under seal filed by Defendants The Promotion In Motion Companies, Inc., Welch Foods, Inc.. (Attachments: #1 Proposed Order Granting Application for Leave to File Under Seal, #2 Redacted Document)(Silverman, Daniel)
September 25, 2020 Filing 12 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
September 25, 2020 Filing 11 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (lh)
September 25, 2020 Filing 10 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge Cormac J. Carney for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John D. Early. New Case Number 8:20-cv-01859 CJC (JDEx). (lh)
September 25, 2020 Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Bryan J Weintrop counsel for Defendants The Promotion In Motion Companies, Inc., a Delaware corporation, Welch Foods, Inc., A Cooperative. Adding Bryan J. Weintrop as counsel of record for Welch Foods Inc., A Cooperative, and The Promotion In Motion Companies, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Welch Foods Inc., A Cooperative, and The Promotion In Motion Companies, Inc.. (Attorney Bryan J Weintrop added to party The Promotion In Motion Companies, Inc., a Delaware corporation(pty:dft), Attorney Bryan J Weintrop added to party Welch Foods, Inc., A Cooperative(pty:dft))(Weintrop, Bryan)
September 24, 2020 CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Darren Clevenger, upon Defendant Welch Foods, Inc. served on 7/2/2020, answer due 7/23/2020. Service of the Summons and Complaint were executed upon Kaitlyn Mannix, person authorized to accept in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 7/06/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
September 24, 2020 CONFORMED FILED COPY OF COMPLAINT against Defendants Does, The Promotion In Motion Companies, Inc., Welch Foods, Inc., filed by Plaintiff Darren Clevenger. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 06/29/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
September 24, 2020 CONFORMED FILED COPY OF FIRST AMENDED CLASS ACTION COMPLAINT against Defendants Does, The Promotion In Motion Companies, Inc., Welch Foods, Inc. amending Complaint, filed by Plaintiff Darren Clevenger. (FILED IN ORANGE COUNTY SUPERIOR COURT ON 8/25/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
September 24, 2020 Filing 8 Certification and NOTICE of Interested Parties filed by Defendant Welch Foods, Inc., A Cooperative, (Silverman, Daniel)
September 24, 2020 Filing 7 Certification and NOTICE of Interested Parties filed by Defendant The Promotion In Motion Companies, Inc., a Delaware corporation, (Silverman, Daniel)
September 24, 2020 Filing 6 CORPORATE DISCLOSURE STATEMENT filed by Defendant Welch Foods, Inc., A Cooperative identifying National Grape Co-Operative Association, Inc., a New York corporation as Corporate Parent. (Silverman, Daniel)
September 24, 2020 Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Defendant The Promotion In Motion Companies, Inc., a Delaware corporation identifying None as Corporate Parent. (Silverman, Daniel)
September 24, 2020 Filing 4 CIVIL COVER SHEET filed by Defendants The Promotion In Motion Companies, Inc., a Delaware corporation, Welch Foods, Inc., A Cooperative. (Silverman, Daniel)
September 24, 2020 Filing 3 DECLARATION of Scott Yales re Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendants The Promotion In Motion Companies, Inc., a Delaware corporation, Welch Foods, Inc., A Cooperative. (Silverman, Daniel)
September 24, 2020 Filing 2 DECLARATION of Daniel S. Silverman re Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Defendants The Promotion In Motion Companies, Inc., a Delaware corporation, Welch Foods, Inc., A Cooperative. (Silverman, Daniel)
September 24, 2020 Filing 1 NOTICE OF REMOVAL from Orange County Superior Court of California, case number 30-2020-01145532-CU-BT-CXC Receipt No: ACACDC-28233504 - Fee: $400, filed by Defendants The Promotion In Motion Companies, Inc., a Delaware corporation, Welch Foods, Inc., A Cooperative. (Attachments: #1 Exhibit Ex 1 Complaint, #2 Exhibit Ex 2 Civil Case Cover Sheet, #3 Exhibit Ex 3 Summons, #4 Exhibit Ex 4 Notice of Case Assignment, #5 Exhibit Ex 5 Proof of Service of Summons and Complaint, #6 Exhibit Ex 6 Proof of Personal Service of Summons and Complaint, #7 Exhibit Ex 7 Minute Order, #8 Exhibit Ex 8 Clerk's Certificate of Mailing, #9 Exhibit Ex 9 First Amended Complaint, #10 Exhibit Ex 10 Summons, #11 Exhibit Ex 11 Notice of Appearance of Daniel Silverman, #12 Exhibit Ex 12 Proposed Order Granting Stipulation to Continue CMC, #13 Exhibit Ex 13 Stipulation to Continue Case CMC, #14 Exhibit EX 14 Order Granting Stipulation to Continue CMC) (Attorney Daniel Scott Silverman added to party The Promotion In Motion Companies, Inc., a Delaware corporation(pty:dft), Attorney Daniel Scott Silverman added to party Welch Foods, Inc., A Cooperative(pty:dft))(Silverman, Daniel)

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Defendant: Welch Foods, Inc.
Represented By: Daniel Scott Silverman
Represented By: Bryan J Weintrop
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Defendant: The Promotion In Motion Companies, Inc.
Represented By: Daniel Scott Silverman
Represented By: Bryan J Weintrop
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Defendant: Does 1 through 25, inclusive
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Plaintiff: Darren Clevenger
Represented By: Robert J Stein, III
Represented By: Ramin Todd Montakab
Represented By: Anthony L Lanza
Represented By: Anthony E Di Vincenzo
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