Martinelli v. Johnson & Johnson et al
| JoAnn Martinelli |
| Johnson & Johnson and McNeil Nutritionals, LLC |
| 2:2015cv01733 |
| August 14, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Dale A. Drozd |
| John A. Mendez |
| 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
278
MEMORANDUM AND ORDER signed by Senior Judge Morrison C. England, Jr. on 9/8/2022 ORDERING that Plaintiff's 273 Motion for Final Approval of Class Action Settlement is GRANTED. Plaintiff's 271 Motion for an Award of Attorneys' Fe es, Reimbursement of Costs and Expenses, and an Incentive Award is GRANTED in part and DENIED in part. The Court orders as follows: The Court certifies for settlement purposes only a class consisting of all individuals who purchased Benecol Regular and Benecol Light Spreads in the United States from 1/1/2008, through 12/31/2011, for personal use. This class satisfies the applicable criteria for class certification under Rule 23(a) and (b)(3); Scott A. Bursor and Bursor & Fisher, P.A., are a ppointed as Class Counsel. Class Counsel is awarded attorneys' fees, costs, and expenses in the amount of $666,666.66, to be paid in the time and manner described in the Settlement Agreement; Plaintiff JoAnn Martinelli is appointed the C lass Representative. The Class Representative is awarded $5,000 as an incentive award, to be paid in the time and manner described in the Settlement Agreement; This action is hereby DISMISSED with prejudice and without costs as against Defen dants and Released Persons. The Court reserves continuing jurisdiction over the parties for the purposes of implementing, enforcing, and/or administering the Settlement Agreement or enforcing the terms of the judgment; All pending motions and hearing dates are hereby VACATED; and The Clerk of Court is directed to close the case. CASE CLOSED.(Mena-Sanchez, L)
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Filing
270
ORDER signed by Senior Judge Morrison C. England, Jr. on 9/27/2021 GRANTING 265 Motion for Preliminary Approval of Class Action Settlement. (Huang, H)
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268
ORDER signed by Senior Judge Morrison C. England, Jr on 8/13/2021 GRANTING 266 Request to Seal and ORDERING that the Walk Away Right Agreement attached as Exhibit 1 to the Request to Seal shall be filed under seal.. (Tupolo, A)
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Filing
255
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 11/5/2020 ORDERING that all proceedings and deadlines in this action are STAYED to allow the Parties to focus solely on resolution leading up to the mediation. The Parties are to file a status report of their settlement efforts on or before 12/11/2020. (Kastilahn, A)
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Filing
251
ORDER signed by Senior Judge Morrison C. England, Jr. on 10/23/2020 GRANTING 248 Notice of Request to Seal Document(s) filed by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Zignago, K.)
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Filing
250
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 10/22/2020 SETTING briefing schedule on Defendants' 247 Motion to Decertify the Classes as follows: plaintiff's opposition due 12/2/2020; defendants' reply due 12/23/2020; hearing date set for 1/14/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Zignago, K.)
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Filing
246
STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/21/2020 ORDERING the Declaration of Larry Martinelli in Support of Motion to Quash Subpoena (Dkt. 225 at 21-22) shall be admissible in this case for all purposes, including at trial. (Zignago, K.)
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Filing
244
STIPULATION and ORDER ESTABLISHING REMOTE DEPOSITION PROTOCOL signed by Magistrate Judge Deborah Barnes on 9/2/2020. (Kastilahn, A)
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Filing
236
ORDER signed by Magistrate Judge Deborah Barnes on 6/8/20 DENYING 219 Motion to Quash filed by James T Foster and 220 Motion to Quash filed by Larry Martinelli. (Kaminski, H)
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Filing
234
STIPULATION AND ORDER signed by Senior Judge Morrison C. England, Jr on 5/29/2020 EXTENDING Case Schedule: Non-Expert Discovery completed by 9/25/2020; Expert designations and reports due by 11/20/2020; Supplemental designations and reports of expe rts who will express an opinion on a subject covered by an expert designated by an adverse party due by 1/22/2021; Dispositive motions due by 1/22/2021; The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days afte r receiving the Court's ruling(s) on dispositive motion(s). If the parties do not file dispositive motions, the Parties shall file a Joint Notice of Trial Readiness not later than 2/22/2021; and Other than as stated herein, the Parties will comply with the terms of the Court's 12/20/2019 Supplemental Pretrial Scheduling Order, Dkt. No. 218 .(Becknal, R)
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Filing
216
ORDER signed by District Judge Morrison C. England, Jr. on 3/28/2019 DENYING 176 , 184 Motions to Exclude and DENYING IN PART and GRANTING IN PART 171 Motion to Certify Class. (Huang, H)
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Filing
207
ORDER signed by District Judge Morrison C. England, Jr on 8/8/2018 GRANTING 203 Notice of Request to Seal Document(s). (Washington, S)
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Filing
199
ORDER signed by District Judge Morrison C. England, Jr. on 07/17/18 GRANTING 196 Notice of Request to Seal Documents. (Benson, A.)
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187
ORDER signed by District Judge Morrison C. England, Jr. on 6/19/2018 GRANTING 181 Plaintiff's Request to Seal Document(s) and the portions of Renewed Motion for Class Certification. (Reader, L)
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Filing
179
ORDER signed by District Judge Morrison C. England, Jr., on 5/29/18, ORDERING that Exhibits A, C-H to the Declaration of Amanda Villalobos in Support of Defendants' Evidentiary Motion to Exclude; and the 10/2/17 and 1/19/18 Declarations of Dr. Bruce Isaacson, the 10/2/17 and 1/19/18 Declarations of Dr. Denise Martin, and the 10/2/17 and 1/19/18 Declarations of Dr. Scott Swain shall be filed under SEAL for the duration of this litigation or two years from the date of electronic filing of this Order. (Kastilahn, A)
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173
ORDER signed by District Judge Morrison C. England, Jr on 4/30/18 GRANTING 170 Request to Seal Document. (Kaminski, H)
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169
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 4/9/2018 GRANTING the Class Certification Briefing Schedule and Related Motions set forth in this order. (Fabillaran, J)
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167
ORDER signed by District Judge Morrison C. England, Jr on 3/26/2018 VACATING 80 , 83 , 85 , 101 , 102 , 103 , 120 , 121 , 138 Motions; Plaintiff is ordered to refile her Motion for Class Certifications no earlier than 4/1/2018, noticing that motion for 8/9/2018; Parties are DIRECTED to meet and confer and to file a stipulated briefing schedule within 10 days. Additionally, the parties are ORDERED to file a statement with the Court advising when briefing is complete and to submit unredacted copies of all filings and supporting documents. (Fabillaran, J)
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Filing
162
ORDER signed by District Judge Morrison C. England, Jr. on 3/17/2018 ORDERING the Court finds that 132 , 134 , 136 documents at issue should be filed under seal; the Clerk of the Court shall file these documents under SEAL. (Reader, L)
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Filing
130
ORDER signed by District Judge Morrison C. England, Jr. on 02/21/18 GRANTING 123 Notice of Request to Seal Documents. (Benson, A.)
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Filing
128
ORDER signed by District Judge Morrison C. England, Jr. on 2/15/2018 GRANTING 123 Notice of Request to Seal Document(s). (Zignago, K.)
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Filing
113
ORDER signed by District Judge Morrison C. England, Jr. on 1/29/2018 GRANTING 110 Defendants Request to Seal Documents in Support of their Reply 111 in Support of 83 the Motion to exclude surveys and expert testimony of J. Michael Dennis, PH.D. (Reader, L)
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Filing
107
ORDER signed by District Judge Morrison C. England, Jr on 1/11/18 GRANTING 97 Request to Seal Document. (Kaminski, H)
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Filing
92
STIPULATION AND ORDER ORDER signed by District Judge Morrison C. England, Jr on 10/30/2017 ORDERING pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order previously amended May 5, 2017 (ECF No. 75 ) is further amended as follows; Deadline to Complete Expert Depositions RESET to 12/22/2017; Plaintiff's Deadline to File Class Certification Reply, Daubert Oppositions, and Daubert Motions (if any) RESET to 1/5/2018; Defendants' Deadline to File Daubert Replies RESET to 1/19/2018; Defendants' Deadline to File Daubert Oppositions RESET to 1/26/2018; Plaintiff's Deadline to File Daubert Replies RESET to 2/8/2018; Class Certification and Daubert Hearing TBD. (Becknal, R)
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Filing
89
ORDER signed by District Judge Morrison C. England, Jr. on 10/5/2017 GRANTING 86 Notice of Request to Seal Document(s). (Zignago, K.)
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81
ORDER signed by District Judge Morrison C. England, Jr. on 9/5/2017 GRANTING Request to Seal Documents re 80 Motion to Certify Class. (Michel, G.)
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78
MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 5/22/17 ORDERING Plaintiff's Motion for Leave to File Second Amended Class Action Complaint (ECF No. 45 ) is DENIED and Defendants' Motion to Deny Class Certification (ECF No. 46 ) is GRANTED. Plaintiff's California subclass is not affected by this ruling. (Becknal, R)
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Filing
75
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/4/2017 ORDERING that the Scheduling Order is AMENDED as follows: Plaintiff's Deadline to Move for Class Certification CONTINUED to 8/28/2017; Defendants' Deadline to Oppose Class Certification CONTINUED to 10/2/2017; Plaintiff's Deadline to File Class Certification Reply CONTINUED to 11/3/2017; Class Certification Hearing CONTINUED to 12/14/2017 at 2:00 PM. (Zignago, K.)
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Filing
72
ORDER signed by Magistrate Judge Deborah Barnes on 2/10/2017 GRANTING IN PART, DENYING IN PART 56 Motion to Compel; ORDERING The defendants to meet and confer with the plaintiff, develop a list of additional search terms and additional custodians, conduct an additional search for responsive documents, and produce responsive documents to the plaintiff within twenty-eight days; ORDERING the defendants to produce to the plaintiff within twenty-eight days, a redaction log identifying each redaction, including the redaction of email attachments, and explaining why the information was redacted. (Michel, G.)
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Filing
70
STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/9/2017 ORDERING the defendants to produce the documents from the three new custodians by 2/10/2017; ORDERING that Phase I Discovery be completed by 5/25/2017; ORDERING the p laintiffs to file a Motion for Class Certification by 6/29/2017 and that the hearing on said motion be noticed for hearing on 9/21/2017 at 02:00 PM; ORDERING the defendants to file their opposition to said motion by 7/27/2017; ORDERING that any reply be filed by 8/24/2017. (Michel, G.)
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Filing
69
ORDER signed by Magistrate Judge Deborah Barnes on 2/6/17 ORDERING that Plaintiff's 66 notice of request to seal (ECF No. 66) is GRANTED. The Clerk shall file under seal an unredacted version of the Joint Statement of Discovery Disagreement and Exhibits J-N at pages 123-142 of the Exhibits to the Joint Statement of Discovery Disagreement re Motion to Compel Production of Documents. (Kastilahn, A)
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Filing
64
ORDER signed by Magistrate Judge Deborah Barnes on 1/30/17: Hearing as to 56 MOTION to COMPEL continued to 2/10/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 2/3/2017, the parties shall file a joint statement re discovery disagreement. On or before 2/3/2017, defendants shall file a statement explaining their failure to contribute to the 1/27/2017 joint statement. Plaintiff's 1/27/2017 request to seal 62 is denied without prejudice. (Kaminski, H)
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Filing
51
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/15/16: Hearing as to 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations RESET for 1/12/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H)
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44
STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/30/16. The Court's Scheduling Order (ECF No. 26 ) is hereby AMENDED to reflect the following dates and deadlines. Phase I Discovery Cut Off due by 2/24/2017. PL deadli ne to File Cert 3/31/2017. DE deadline to Respond 4/28/2017. PL deadline to Reply 5/26/2017. The Court sets the hearing on Plaintiff's Motion for Class Certification for 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Mena-Sanchez, L)
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41
ORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/16 ORDERING that Plaintiff's Motion to Compel 29 is granted in part and denied in part. Within thirty days of the date of this order, defendants shall produce responsive documents t o Plaintiff's request for production of documents number 4 and request for production of documents number 23; and Within thirty days of the date of this order, defendants shall produce responsive documents to Plaintiffs request for production of documents numbers 10, 12, 13, 15, 18, 20, 22, 24 and 36, to the extent such documents concern Benecol Spreads' claims that it contained no trans fats or no trans fatty acids. (Mena-Sanchez, L)
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Filing
33
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/10/16 ORDERING that the hearing as to 29 MOTION to COMPEL is CONTINUED to 6/22/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kastilahn, A)
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28
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 4/13/16, ORDERING that the foregoing 26 Stipulation is hereby ADOPTED by the Court and shall govern the production of electronically stored information and paper documents. (Kastilahn, A)
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24
ORDER denying Defendants' 14 Motion to Stay, signed by Chief Judge Morrison C. England, Jr., on 2/10/16. (Kastilahn, A)
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21
STIPULATED 20 PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/2016. (Marciel, M)
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7
STIPULATION and ORDER signed by Judge John A. Mendez on 9/18/15 ORDERING that the time for defendants to respond to plaintiff's complaint is EXTENDED TO 10/21/15. (Kastilahn, A)
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