Melgar v. Zicam LLC, et al
| Yesenia Melgar |
| Zicam LLC and Matrixx Initiatives, Inc. |
| 2:2014cv00160 |
| January 21, 2014 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| Morrison C. England |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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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)
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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)
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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)
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Filing
201
FINAL APPROVAL ORDER AND JUDGMENT signed by District Judge Morrison C. England, Jr on 11/19/2018. (Becknal, R)
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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.)
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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)
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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)
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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)
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179
ORDER signed by District Judge Morrison C. England, Jr. on 01/16/18 DENYING 156 Request to Seal Document(s). (Benson, A.)
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Filing
169
ORDER TO SEAL DOCUMENTS signed by District Judge Morrison C. England, Jr. on 1/3/18. (Mena-Sanchez, L)
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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)
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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)
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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)
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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)
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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)
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Filing
139
STIPULATION AND ORDER REGARDING CLASS ACTION NOTICE PLAN signed by District Judge Morrison C. England, Jr. on 2/16/2017. (Michel, G.)
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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)
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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)
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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)
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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.)
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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.)
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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)
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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.)
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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)
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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.)
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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.)
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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)
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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)
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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.)
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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)
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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.)
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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.)
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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)
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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)
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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)
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Filing
17
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 6/4/14. (Kaminski, H)
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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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