Pennie Roper v. Big Heart Pet Brands, Inc.
Plaintiff: Pennie Roper
Defendant: Big Heart Pet Brands, Inc.
Case Number: 1:2019cv00406
Filed: March 28, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Dale A Drozd
Referring Judge: Barbara A McAuliffe
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2020 Opinion or Order Filing 33 MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 1/22/2020 to March 3, 2020 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a JOINT Scheduling Report one week prior to the conference. The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. NOTE: Motion to Dismiss (Doc. #13 ) pending before District Judge Dale A. Drozd. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/16/2020. (Valdez, E)
January 15, 2020 Opinion or Order Filing 32 JOINT SCHEDULING REPORT by Pennie Roper. (Heikali, Benjamin)
January 8, 2020 Opinion or Order Filing 31 MINUTE ORDER (TEXT Only): The parties are hereby notified that the dial-in number and passcode for telephonic appearances before Magistrate Judge Barbara A. McAuliffe has been updated as follows: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2020. (Valdez, E)
December 4, 2019 Opinion or Order Filing 30 MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 12/12/2019 to January 22, 2020, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL filed a JOINT Scheduling Report one week prior the conference. The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; passcode 3190866. NOTE: Motion to Dismiss (Doc. #13 ) pending before District Judge Dale A. Drozd. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/4/2019. (Valdez, E)
October 30, 2019 Opinion or Order Filing 29 MINUTE ORDER (TEXT ENTRY ONLY): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 11/5/2019 to December 12, 2019, at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. The parties are encouraged to appear at the scheduling conference telephonically and may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. NOTE: Motion to Dismiss (Doc. #13 ) pending before District Judge Dale A. Drozd. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/30/2019. (Valdez, E)
October 29, 2019 Opinion or Order Filing 28 JOINT SCHEDULING REPORT by Pennie Roper. (Heikali, Benjamin)
September 5, 2019 Opinion or Order Filing 27 MINUTE ORDER (TEXT ENTRY ONLY): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 9/10/2019 to November 5, 2019, at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. The parties are encouraged to appear at the scheduling conference telephonically and may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. NOTE: Motion to Dismiss (Doc. #13 ) pending before District Judge Dale A. Drozd. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/5/2019. (Valdez, E)
September 3, 2019 Opinion or Order Filing 26 JOINT SCHEDULING REPORT by Pennie Roper. (Reese, Michael)
August 20, 2019 Opinion or Order Filing 25 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 8/20/2019. #13 Motion to Dismiss, argued, submitted and taken under submission. Written order will issue. Plaintiff's Counsel Michael Reese and Benjamin Heikali telephonically present. Defendant's Counsel Ronald Rothstein telephonically present. Court Reporter/CD Number: Karen Hooven. (Thorp, J)
August 15, 2019 Opinion or Order Filing 24 MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 8/15/2019; the parties are encouraged to appear telephonically for the #13 Motion to Dismiss on calendar 8/20/2019, and may do so by dialing 877-402-9757 (access code 6966236) at 9:30am. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
July 24, 2019 Opinion or Order Filing 23 MINUTE ORDER: (***TEXT ENTRY ONLY***) signed by District Judge Dale A. Drozd on 7/24/2019. The 8/6/2019 hearing on Big Heart Pet Brands, Inc.'s #13 motion to dismiss is hereby CONTINUED to 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Apodaca, P)
July 2, 2019 Opinion or Order Filing 22 REPLY by Big Heart Pet Brands, Inc. re #14 Request for Judicial Notice. (Rothstein, Ronald)
July 2, 2019 Opinion or Order Filing 21 REPLY by Big Heart Pet Brands, Inc. re #13 MOTION to DISMISS. (Rothstein, Ronald)
June 4, 2019 Opinion or Order Filing 20 OPPOSITION by Plaintiff Pennie Roper to #14 Request for Judicial Notice. (Heikali, Benjamin)
June 4, 2019 Opinion or Order Filing 19 OPPOSITION by Pennie Roper to #13 MOTION to DISMISS. (Attachments: #1 Declaration Benjamin Heikali, #2 Exhibit A, #3 Exhibit B)(Heikali, Benjamin)
June 3, 2019 Opinion or Order Filing 18 MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 7/3/2019 to September 10, 2019 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties SHALL file a JOINT Scheduling Report one week prior to the conference. The parties wishing to appear telephonically for said hearing, may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 6/3/2019. NOTE: Motion to Dismiss (Doc. #13 ) pending before District Judge Dale A. Drozd. (Valdez, E)
April 25, 2019 Opinion or Order Filing 17 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 4/25/2019. Pursuant to the parties' #16 joint stipulation, the hearing on defendant's #13 motion to dismiss is CONTINUED to 8/6/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiff's opposition is due by 6/4/2019 and defendant's reply is due by 7/2/2019.(Thorp, J)
April 24, 2019 Opinion or Order Filing 16 STIPULATION JOINT STIPULATION TO SET BRIEFING SCHEDULE ON DEFENDANTS MOTION TO DISMISS by Pennie Roper. (Attachments: #1 Proposed Order)(Heikali, Benjamin)
April 18, 2019 Opinion or Order Filing 15 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Big Heart Pet Brands, Inc.. (Rothstein, Ronald)
April 18, 2019 Opinion or Order Filing 14 REQUEST for JUDICIAL NOTICE by Big Heart Pet Brands, Inc. in re #13 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Rothstein, Ronald)
April 18, 2019 Opinion or Order Filing 13 MOTION to DISMISS by Big Heart Pet Brands, Inc.. Motion Hearing set for 5/21/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Rothstein, Ronald)
April 18, 2019 Opinion or Order Filing 12 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Pennie Roper. (Heikali, Benjamin)
April 3, 2019 Opinion or Order Filing 11 PRO HAC VICE ORDER Added attorney Ronald Y. Rothstein, PHV for Big Heart Pet Brands, Inc., signed by Magistrate Judge Barbara A. McAuliffe on 04/02/2019. (Flores, E)
April 1, 2019 Opinion or Order Filing 10 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Big Heart Pet Brands, Inc. for attorney Ronald Y. Rothstein to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8189585) (Attachments: #1 Certificate of Record)(Whipp, Megan)
April 1, 2019 Opinion or Order Filing 9 STIPULATION to Extend Time to Respond to Complaint by Big Heart Pet Brands, Inc.. (Whipp, Megan)
April 1, 2019 Opinion or Order Filing 8 MINUTE ORDER: (TEXT Only) Parties wishing to appear telephonically at the Scheduling Conference currently set for Wednesday, July 3, 2019 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2019. (Valdez, E)
March 29, 2019 Opinion or Order Filing 7 CERTIFICATE of SERVICE by Big Heart Pet Brands, Inc.. (Attachments: #1 Exhibit 1 - Notice to Clerk of the Superior Court and Adverse Party of Removal of Civil Action to Federal Court)(Whipp, Megan)
March 29, 2019 Opinion or Order Filing 6 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 7/3/2019 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Martin-Gill, S)
March 28, 2019 Opinion or Order Filing 5 CERTIFICATE of SERVICE by Big Heart Pet Brands, Inc. re #2 Civil Cover Sheet, #4 Corporate Disclosure Statement, #1 Notice of Removal, #3 Declaration. (Whipp, Megan)
March 28, 2019 Opinion or Order Filing 4 CORPORATE DISCLOSURE STATEMENT by Defendant Big Heart Pet Brands, Inc.. (Whipp, Megan)
March 28, 2019 Opinion or Order Filing 3 DECLARATION of Jaclyn Brynk Welch re #1 Notice of Removal,. (Whipp, Megan)
March 28, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET by Big Heart Pet Brands, Inc. (Whipp, Megan)
March 28, 2019 Opinion or Order Filing 1 NOTICE of REMOVAL from Superior Court of California, County of Stanislaus, case number CV-19-000848 by Big Heart Pet Brands, Inc.. (Filing fee $ 400, receipt number 0972-8184962) (Attachments: #1 Exhibit 1 - Summons, Complaint)(Whipp, Megan)

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Defendant: Big Heart Pet Brands, Inc.
Represented By: Megan Lee Whipp
Represented By: Ronald Y. Rothstein, PHV
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Plaintiff: Pennie Roper
Represented By: Michael Reese
Represented By: Benjamin Heikali
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