Dei Rossi, et al v. Whirlpool Corporation, et al
Plaintiff: Kyle Dei Rossi and Mark Linthicum
Defendant: Whirlpool Corporation, Pacific Sales Kitchen and Bath Centers, Inc. and Best Buy Company, Inc.
Case Number: 2:2012cv00125
Filed: January 17, 2012
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: John A. Mendez
Presiding Judge: John F. Moulds
Nature of Suit: Other Statutory Actions
Cause of Action: 15:2301
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 24, 2017 Opinion or Order Filing 188 ORDER GRANTING 180 Motion for Final Approval of Class Action Settlement and Amended Motion for Award of Attorneys' Fees 184 signed by District Judge Troy L. Nunley on 5/23/17. CASE CLOSED. (Kaminski, H)
January 30, 2017 Opinion or Order Filing 179 ORDER signed by District Judge Troy L. Nunley on 1/27/2017 ORDERING that Plaintiffs' Application for Fees and Costs by 3/3/2017; Defendant's Opposition by 4/14/2017; and Plaintiffs' reply in support of plaintiffs' application by 5/5/2017. (Reader, L)
June 28, 2016 Opinion or Order Filing 176 ORDER GRANTING APPROVAL OF CLASS ACTION SETTLEMENT signed by District Judge Troy L. Nunley on 6/27/2016 GRANTING 173 Preliminary approval to the Settlement provided for in the Settlement Agreement; all defined terms in this Order shall have the same definitions and meanings as those set forth in the Agreement; Fairness Hearing set for 5/18/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Reader, L)
January 14, 2016 Opinion or Order Filing 172 ORDER signed by District Judge Troy L. Nunley on 1/13/2016 ORDERING 171 Having reviewed the parties' stipulation requesting additional time to file their motion for preliminary approval and good cause having been shown, the parties' request is GRANTED. The parties shall file their motion for preliminary approval by 2/5/2016. (Reader, L)
December 11, 2015 Opinion or Order Filing 170 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/10/15 ORDERING that the parties request is GRANTED, and the parties shall file their motion for preliminary approval by 1/15/2016. (Kastilahn, A)
September 16, 2015 Opinion or Order Filing 166 ORDER signed by District Judge Troy L. Nunley on 9/15/15 GRANTING 165 Request to Extend Time to File Joint Status Report. The parties shall file a Notice of Settlement or a Joint Status Report that includes new pretrial deadlines by 10/29/15. (Meuleman, A)
May 29, 2015 Opinion or Order Filing 162 ORDER signed by District Judge Troy L. Nunley on 5/28/2015 DENYING, as untimely, defendant Whirlpool Corporation's 161 Petition for Permission to file Appeal. (Marciel, M)
April 28, 2015 Opinion or Order Filing 160 ORDER signed by District Judge Troy L. Nunley on 4/27/2015 ORDERING 105 the Court hereby GRANTS in PART and DENIES in PART Plaintiffs' Motion for Class Certification; the Court ORDERS: Plaintiffs' motion to certify a class of all persons who purchased KitchenAid KSRG25FV** and KSRS25RV** model refrigerators that were mislabeled as Energy Star qualified in CA is GRANTED as to all existing causes of action; Plaintiffs' motion to certify a 32-state and the District of Columbia ("DC") class defined as all persons who purchased KitchenAid KSRG25FV** and KSRS25RV** model refrigerators that were mislabeled as Energy Star qualified is DENIED. (Reader, L)
February 2, 2015 Opinion or Order Filing 156 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/15: The remaining deadlines in the Pretrial Scheduling Order shall be vacated pending the Court's ruling on Plaintiffs' motion for class certification and Defe ndant's motions to strike. Within 21 days after the Court's ruling on the pending motions, the parties shall meet and confer regarding a revised pretrial scheduling order and submit a joint status report to the Court proposing new pretrial deadlines. (Kaminski, H)
January 9, 2015 Opinion or Order Filing 150 ORDER signed by District Judge Troy L. Nunley on 1/9/15 GRANTING 148 Notice of Request to Seal Document(s) filed by Whirlpool Corporation. (Meuleman, A)
January 7, 2015 Opinion or Order Filing 143 ORDER signed by District Judge Troy L. Nunley on 1/6/2015 GRANTING 141 Request to Seal Documents. (Michel, G)
December 24, 2014 Opinion or Order Filing 139 ORDER signed by District Judge Troy L. Nunley on 12/23/14 ORDERING the Court GRANTS Defendant's Request to Seal. The Court finds that a portion of the following document shall be filed under seal: Defendant's Motion to Strike the Rebuttal Expert Report of Elizabeth Howlett, redactions at 3:4-4:1; and 4:26-5:4. The Clerk of the Court shall file the portion of the document listed above under seal. (Becknal, R)
November 26, 2014 Opinion or Order Filing 129 ORDER granting 126 REQUEST TO SEAL DOCUMENTS signed by District Judge Troy L. Nunley on 11/25/14. (Kaminski, H)
October 3, 2014 Opinion or Order Filing 121 PROTECTIVE ORDER signed by District Judge Troy L. Nunley on 10/2/14 GRANTING Defendant's Request to Seal Documents. (Becknal, R)
August 5, 2014 Opinion or Order Filing 107 ORDER ON REQUEST TO SEAL DOCUMENT(S) signed by District Judge Troy L. Nunley on 8/1/14. Request to seal is GRANTED. (Manzer, C)
July 30, 2014 Opinion or Order Filing 104 ORDER signed by District Judge Troy L. Nunley on 7/30/14 ORDERING that plaintiffs shall make disclosures of any expert witness plaintiffs intend to rely on for their motion for class certification by 7/24/2014. Plaintiffs' motion for class cer tification shall be filed by 7/31/2014. Defendant shall make disclosures of any rebuttal expert witness Defendant intends to rely on for opposition to class certification by 9/18/2014. Defendant's opposition shall be filed by 9/18/2014. Plaintiffs' reply shall be filed by 10/24/2014. The Class Certification Hearing is SET for 11/6/2014 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kastilahn, A)
July 1, 2014 Opinion or Order Filing 98 ORDER 97 for Withdrawal of Counsel signed by District Judge Troy L. Nunley on 6/30/2014. Attorney Sean Gardner Saxon is REMOVED as attorney of record for defendant Whirlpool Corporation. Attorneys Galen D. Bellamy and Bradley A. Benbrook will remain as counsel of record. (Marciel, M)
December 23, 2013 Opinion or Order Filing 88 PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 12/20/13: Designation of Expert Witnesses due by 5/26/2015. Discovery due by 3/26/2015. Dispositive Motions filed by 8/27/2015. Final Pretrial Conference set for 11/19/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Jury Trial set for 1/25/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)
November 8, 2013 Opinion or Order Filing 85 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/7/13 GRANTING extension of time to answer second amended complaint. Answer due by 11/18/13. (Manzer, C)
October 25, 2013 Opinion or Order Filing 81 ORDER signed by District Judge Troy L. Nunley on 10/24/13 ORDERING that defendant's 72 motion to dismiss plaintiffs' second amended complaint is granted in part and denied in part. The Court DISMISSES Counts I and III without leave to amend. (Kastilahn, A)
July 5, 2013 Opinion or Order Filing 74 STIPULATION and ORDER 73 signed by District Judge Troy L. Nunley on 7/3/2013 ORDERING that plaintiff shall have until 8/5/2013 to file their opposition to Whirlpool's Motion; Whirlpool shall have until 8/28/2013 to file their reply; and the hearing on Whirlpool's Motion shall be held on 9/5/2013. (Kastilahn, A)
April 16, 2013 Opinion or Order Filing 70 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/13 EXTENDING deadline to file Second Amended Complaint to 4/24/2013 and Defendant's response due 5/21/13. (Meuleman, A)
March 28, 2013 Opinion or Order Filing 67 ORDER granting 59 Motion to Dismiss signed by Judge John A. Mendez on 3/28/13: Should plaintiffs wish to file an amended complaint it must be filed within twenty (20) days of this order. (Kaminski, H)
February 11, 2013 Opinion or Order Filing 66 STIPULATION and ORDER 65 extending deadlines signed by Judge John A. Mendez on 2/8/2013. All Pre-Trial deadlines set forth in 23 Status Order are POSTPONED pending resolution of defendant's 59 Motion to Dismiss. At which time parties will submit a revised Schedule of Pre-Trial deadlines. (Marciel, M)
November 9, 2012 Opinion or Order Filing 61 ORDER signed by Judge John A. Mendez on 11/8/12 ORDERING 59 Motion to Dismiss is continued to 1/23/2013 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Plaintiffs' opposition shall be due on or before December 5, 2012 and Defendant's reply shall be due on or before January 9, 2013. (Matson, R)
October 4, 2012 Opinion or Order Filing 58 STIPULATION and ORDER signed by Judge John A. Mendez on 10/3/12 ORDERING that Defendant Whirlpool shall have an additional 6 days to respond to the First Amended Complaint, or until 10/15/12. (Manzer, C)
September 14, 2012 Opinion or Order Filing 55 ORDER signed by Judge John A. Mendez on 9/14/2012 ORDERING that Defendants' 18 motion to dismiss is GRANTED in its entirety, with leave to amend all claims except for the claim for unjust enrichment. Any amended complaint shall be filed by 9/25/2012. Defendants' 17 motion to strike Count VIII is denied as moot. Plaintiffs' 37 and 45 requests for judicial notice are DENIED. (Zignago, K.)
July 18, 2012 Opinion or Order Filing 42 STIPULATION and ORDER 40 signed by Judge John A. Mendez on 7/18/2012 ORDERING the Hearing on Defendants' Motion to Strike 17 and Motion to Dismiss 18 is CONTINUED to 9/5/2012 9:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Defendants' replies are due on or before 8/3/2012. (Krueger, M)
May 30, 2012 Opinion or Order Filing 34 STIPULATION and ORDER signed by Judge John A. Mendez on 5/29/12 ORDERING that the hearing on Defendants' 17 Motion to Strike, 18 MOTION to DISMISS is CONTINUED to 7/25/2012 at 09:30. Plaintiffs' opposition shall be due on or before 7/11/2012 and Defendants' Reply shall be due on or before 7/18/2012. (Mena-Sanchez, L)
May 8, 2012 Opinion or Order Filing 30 STIPULATION and ORDER SUBSTITUTING PARTIES signed by Judge John A. Mendez on 5/7/12 ORDERING that defendant Best Buy Company, Inc. is DISMISSED as a defendant in this lawsuit, without prejudice. Best Buy Stores, LP is substituted as a named defendant and will be deemed to be served as of the date of service on Best Buy Company. (Mena-Sanchez, L)
April 30, 2012 Opinion or Order Filing 28 ORDER signed by Judge John A. Mendez on 4/30/12 re 27 Stipulation and Proposed Order; The hearing currently set for 5/16/12 is reset to 6/20/2012 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez regarding 17 Motion to Strike Count VIII from plaintiffs' Class Action Complaint and 18 Motion to Dismiss.(Matson, R)
April 19, 2012 Opinion or Order Filing 26 ORDER signed by Judge John A. Mendez on 4/18/12 GRANTING plaintiff's motion to appoint co-lead interim class counsel; Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP are appointed co-lead interim class counsel. (Becknal, R)
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Search for this case: Dei Rossi, et al v. Whirlpool Corporation, et al
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Plaintiff: Kyle Dei Rossi
Represented By: Vahn Alexander
Represented By: Lawrence Timothy Fisher
Represented By: Christopher B Hayes
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Plaintiff: Mark Linthicum
Represented By: Vahn Alexander
Represented By: Lawrence Timothy Fisher
Represented By: Christopher B Hayes
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Defendant: Whirlpool Corporation
Represented By: Galen D. Bellamy, PHV
Represented By: Robert D. Swanson
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Defendant: Pacific Sales Kitchen and Bath Centers, Inc.
Represented By: Robert D. Swanson
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Defendant: Best Buy Company, Inc.
Represented By: Robert D. Swanson
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