Melgar v. Zicam LLC, et al
Plaintiff: Yesenia Melgar
Defendant: Zicam LLC and Matrixx Initiatives, Inc.
Case Number: 2:2014cv00160
Filed: January 21, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Allison Claire
Presiding Judge: Morrison C. England
Nature of Suit: Other Fraud
Cause of Action: 28:1332
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
August 17, 2020 Opinion or Order Filing 212 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 8/17/2020 APPROVING Distribution of Unclaimed Settlement Funds. The Court hereby ORDERS that RG/2 Claims Administration, LLC SHALL DISTRIBUTE the remaining $404,949.04 from the Settlement Fund to Americares and Direct Relief in the amount of $202,474.51 each. (York, M)
January 17, 2019 Opinion or Order Filing 208 CORRECTED FINAL APPROVAL ORDER AND JUDGMENT re 201 signed by District Judge Morrison C. England, Jr on 1/16/19. (Mena-Sanchez, L)
January 2, 2019 Opinion or Order Filing 205 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 12/30/2018 ORDERING that RG/2 Claims Administration may create a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1 for the distribution of class payments, the awards of attorneys' fees and costs and the incentive award to Plaintiff in accordance with the terms of the Stipulation of Settlement. (Huang, H)
November 20, 2018 Opinion or Order Filing 201 FINAL APPROVAL ORDER AND JUDGMENT signed by District Judge Morrison C. England, Jr on 11/19/2018. (Becknal, R)
October 12, 2018 Opinion or Order Filing 197 ORDER RE JOINT STATEMENT signed by District Judge Morrison C. England, Jr. on 10/11/2018 ORDERING the Settlement Administrator shall, within three days of the entry of this order, cause the additional notice to be mailed via United States mail to the 3,066 potential Class Members. The Settlement Administrator shall bear the costs of this corrective notice. The final approval hearing will remain on 11/15/2018 at 2:00 p.m. (Zignago, K.)
June 14, 2018 Opinion or Order Filing 187 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/14/2018 ORDERING the Final Approval Hearing is ADVANCED to 11/15/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. The 12/13/2018 Hearing is TERMINATED. (Donati, J)
June 5, 2018 Opinion or Order Filing 185 ORDER GRANTING PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT signed by District Judge Morrison C. England, Jr.,on 6/4/18. A Final Approval Hearing is SET for 12/13/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.. (Kastilahn, A)
May 16, 2018 Opinion or Order Filing 183 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/15/18 ORDERING the Court hereby grants Plaintiff leave to file a Second Amended Class Action Complaint. Plaintiff shall file her Second Amended Complaint within seven (7) days of the date this Order is electronically filed. Defendants' deadline to respond to the Second Amended Complaint shall be stayed. In the event that the parties' settlement is ultimately rejected, either by this Court or on appeal, Defendants shall file their response to the Second Amended Complaint within thirty (30) days of such order. (Becknal, R)
January 17, 2018 Opinion or Order Filing 179 ORDER signed by District Judge Morrison C. England, Jr. on 01/16/18 DENYING 156 Request to Seal Document(s). (Benson, A.)
January 4, 2018 Opinion or Order Filing 169 ORDER TO SEAL DOCUMENTS signed by District Judge Morrison C. England, Jr. on 1/3/18. (Mena-Sanchez, L)
January 3, 2018 Opinion or Order Filing 167 ORDER signed by District Judge Morrison C. England, Jr. on 1/3/2018 ORDERING Final Pretrial Conference is Reset for 2/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.; Oppositions to the motions in limine due by 1/11/2018; and Replies due by 1/18/2018. (Reader, L)
December 7, 2017 Opinion or Order Filing 151 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/6/2017 ORDERING the pretrial schedule is EXTENDED: Motions in Limine deadline is EXTEDNED to 12/18/2017; Oppositions to the Motions in Limine deadline EXTEDNED 1/11/2018; Reply in support of the Motions in Limine deadline is EXTENDED to 1/4/2018; the Final Pretrial Conference is CONTINUED to 1/25/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Washington, S)
March 14, 2017 Opinion or Order Filing 149 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 03/14/17 ORDERING that the deadline to send direct notice to class members is EXTENDED to 03/24/17; all other deadlines, including the opt-out date, will remain the same. (Benson, A)
March 10, 2017 Opinion or Order Filing 147 ORDER signed by District Judge Morrison C. England, Jr., on 3/9/17, ORDERING that within seven days of the date this order is electronically filed, Defendants Zicam, LLC and Matrixx Initiatives, Inc. shall provide to the claims administrator all contact information, including name, mailing address and/or email address, in its possession for customers that may be class members and have contacted Defendants with complaints. (Kastilahn, A)
March 6, 2017 Opinion or Order Filing 145 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 03/03/17 ORDERING that that 05/17/17 shall be the deadline for class members to exclude themselves from the class. (Benson, A)
February 17, 2017 Opinion or Order Filing 139 STIPULATION AND ORDER REGARDING CLASS ACTION NOTICE PLAN signed by District Judge Morrison C. England, Jr. on 2/16/2017. (Michel, G.)
June 22, 2016 Opinion or Order Filing 128 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/22/16: Proposed Notice Plan Hearing RESET for 7/28/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H)
May 27, 2016 Opinion or Order Filing 123 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 05/27/16 ORDERING that the deadline for defendants to file their opposition to plaintiff's proposed notice is 05/31/16; the deadline for plaintiff to file a reply in supp ort of plaintiff's proposed notice plan is 06/10/16; the hearing on defendants' opposition to plaintiff's proposed notice plan remains on 06/16/16; the 08/01/16 trial and the 06/16/16 pretrial conference are VACATED. The deadlines to file the Final Pretrial Conference Statement, evidentiary or procedural motions and all trial documents are VACATED. The parties are directed to participate in a second Settlement Conference before Magistrate Judge Kendall J. Newman; parties are to contact Judge Newman's chambers within 5 days. (cc: KJN). (Benson, A)
May 17, 2016 Opinion or Order Filing 121 ORDER signed by District Judge Morrison C. England, Jr. on 05/17/16 ORDERING that defendants Matrixx Initiatives, Inc. and Zicam LLC's 119 Request Motion for Leave to File an Opposition to Plaintiffs Proposed Notice Plan is GRANTED; de fendants' opposition to Melgar's Proposed Notice Plan be submitted by 05/27/16, that any reply in support of plaintiff's Proposed Notice Plan be submitted by 06/03/16, and that defendants' opposition be heard on 06/16/16 or as soon thereafter as the Court is available to hear it. (Benson, A)
March 31, 2016 Opinion or Order Filing 116 MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 3/30/2016 GRANTING 24 Motion to Certify Class; GRANTING 33 Motion for Summary Judgment; DENYING 69 Motion for Summary Judgment; DENYING 70 , 71 Motions to Exclude Testimony of Plaintiffs Experts, Noel R. Rose, M.D., Ph.D., and R. Barker Bausell, Ph.D. (Michel, G.)
December 15, 2015 Opinion or Order Filing 114 ORDER signed by Chief Judge Morrison C. England, Jr. on 12/15/2015 GRANTING 107 Motion for Leave to File a Second Motion for Summary Judgment. The 1/14/2016 hearing is VACATED as to this motion only. Defendants' motions for summary judgment will be heard by this Court in accordance with the briefing schedule and hearing dates set and revised by this Court. (Zignago, K.)
October 29, 2015 Opinion or Order Filing 106 STIPULATION and ORDER by Chief Judge Morrison C. England, Jr on 10/28/15: The deadline for Defendants to submit replies in support of their motion for summary judgment and motion to exclude certain opinion testimony is extended to on or bef ore November 19, 2015. The last day to hear dispositive motions shall be extended to January 14, 2016. HEARING as to 33 MOTION for SUMMARY JUDGMENT, 70 MOTION To Exclude Certain Opinion Testimony, 71 MOTION to Exclude Certain Opinion Testimony, 69 MOTION for SUMMARY JUDGMENT RESET for 1/14/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H)
October 13, 2015 Opinion or Order Filing 101 ORDER signed by Chief Judge Morrison C. England, Jr. on 10/9/2015 GRANTING 98 Notice of Request to Seal Document(s). (Zignago, K.)
September 9, 2015 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Allison Claire on 09/08/15 ORDERING that defendant's 61 Motion to Strike is GRANTED in part and DENIED in part as follows: defendants' motion to strike the supplemental designation of Dr. Howlett as a rebuttal expert is DENIED; Defendants' motion to strike the supplemental designation of Dr. Ernst as a rebuttal expert is GRANTED. (Benson, A)
September 1, 2015 Opinion or Order Filing 92 ORDER signed by Chief Judge Morrison C. England, Jr. on 8/31/2015 GRANTING 66 Motion for Leave to Respond to Plaintiff's Reply in Support of Motion for Class Certification; GRANTING the defendants leave to respond to Plaintiff's Reply in Support of Motion for Class Certification and its accompanying Notice of Motion and Motion to Seal, as attached to Defendants' Motion for Leave. (Michel, G.)
August 14, 2015 Opinion or Order Filing 84 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/12/2015 ORDERING that the last day to hear dispositive motions shall be EXTENDED to 11/12/2015. Plaintiff's will file their oppositions to Defendants' 69 Motion for Summary Judgment, Defendants' 70 Motion to Exclude Certain Opinion Testimony of Designated Expert Noel R. Rose M.D., Ph.D., and Defendants' 71 Motion to Exclude Certain Opinion Testimony of Designated Expert R. Barker Bausell Ph.D. on or before 10/1/2015. Defendants will file their Replies on or before 11/5/2015. The hearing on Defendants' Motions shall be 11/12/2015 at 2:00 PM. (Zignago, K.)
August 11, 2015 Opinion or Order Filing 75 ORDER signed by Chief Judge Morrison C. England, Jr on 8/10/15 GRANTING Defendants' Request to Seal Response to Plaintiff's Reply in support of Motion for Class Certification. (Mena-Sanchez, L)
July 31, 2015 Opinion or Order Filing 64 ORDER signed by Magistrate Judge Allison Claire on 7/31/15 ORDERING that Defendants' Ex Parte Application for an Order Shortening Time 62 is DENIED. (Mena-Sanchez, L)
July 20, 2015 Opinion or Order Filing 53 ORDER signed by Chief Judge Morrison C. England, Jr. on 7/17/2015 GRANTING 49 Notice of Request to Seal Document(s) filed by Yesenia Melgar. (Zignago, K.)
June 19, 2015 Opinion or Order Filing 44 ORDER TO SEAL DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION signed by Chief Judge Morrison C. England, Jr on 6/18/15. (Mena-Sanchez, L)
June 12, 2015 Opinion or Order Filing 43 ORDER signed by Chief Judge Morrison C. England, Jr. on 6/10/2015 GRANTING 40 Request to Seal Documents filed by Yesenia Melgar. (Michel, G.)
May 19, 2015 Opinion or Order Filing 32 ORDER signed by Chief Judge Morrison C. England, Jr. on 5/19/2015 ORDERING that Defendants' 31 Notice of Request to Seal Document(s) is GRANTED. (Zignago, K.)
April 16, 2015 Opinion or Order Filing 27 ORDER signed by Chief Judge Morrison C. England, Jr. on 4/13/2015. Plaintiff's 25 Request to Seal Documents and documents labeled "Confidential" pursuant to Agreement for Discovery of Confidential Information is GRANTED. (Marciel, M)
March 11, 2015 Opinion or Order Filing 23 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/15. Plaintiff shall file motion for class certification on or before 4/3/15. Defendants' opposition due on or before 5/12/15. Plaintiff's reply due by 6/10/15. The hearing on the motion for class certification shall be held on 6/25/15 at 2:00 p.m. (Manzer, C)
October 29, 2014 Opinion or Order Filing 21 MEMORANDUM AND ORDER granting Plaintiff's 18 Motion to Appoint Interim Class Counsel, signed by Chief Judge Morrison C. England, Jr., on 10/29/14. (Kastilahn, A)
June 5, 2014 Opinion or Order Filing 17 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 6/4/14. (Kaminski, H)
February 19, 2014 Opinion or Order Filing 8 STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 2/18/2014 ORDERING that the deadline for Defendants' response to the Complaint is EXTENDED to 3/18/2014. (Zignago, K.)
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Plaintiff: Yesenia Melgar
Represented By: Julia A. Luster
Represented By: Annick Marie Persinger
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Defendant: Zicam LLC
Represented By: Sally F White
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Defendant: Matrixx Initiatives, Inc.
Represented By: Sally F White
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