Kirchenberg v. Ainsworth Pet Nutrition, Inc. et al
| Erin Kirchenberg |
| Ainsworth Pet Nutrition, Inc. and J.M. Smucker Co. |
| 2:2020cv00690 |
| April 3, 2020 |
| US District Court for the Eastern District of California |
| Dennis M Cota |
| Dale A Drozd |
| Kimberly J Mueller |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 70 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 7/18/2023: On 7/17/2023, the parties filed a #69 Stipulation to voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Pursuant to the parties' stipulation, this action is dismissed with prejudice as to plaintiff's individual claims and without prejudice as to the claims of absent putative class members. All pending deadlines and hearing dates in this action, if any, are vacated. The Clerk of the Court is directed to close this case. Civil Case Terminated. CASE CLOSED.(Buzo, P) |
| Filing 69 STIPULATION OF DISMISSAL by Erin Kirchenberg. (Goldenberg, Jeffrey) Modified on 7/19/2023 (Licea Chavez, V). |
| Filing 68 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 6/1/2023: On 5/31/2023, the parties filed a #67 joint notice of settlement in which they "request forty-five (45) days to allow the parties to finalize, execute, and implement the settlement agreement and to dismiss this action with prejudice pursuant to Fed. R. Civ. P. 41." Having considered the parties' request, the court hereby orders the parties to file dispositional documents by no later than 7/17/2023.(Buzo, P) |
| Filing 67 NOTICE of SETTLEMENT by Erin Kirchenberg. (Goldenberg, Jeffrey) |
| Filing 66 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 4/13/2023: Having considered the parties' #65 joint motion for administrative relief requesting a stay of the case schedule by 30 days to accommodate the parties' settlement efforts, the court hereby GRANTS the #65 motion in part and orders as follows: the deadline for plaintiff's expert disclosures currently set for 4/13/2023 is hereby extended to 5/15/2023. All other deadlines and dates remain the same.(Buzo, P) |
| Filing 65 MOTION for Administrative Relief re [ 56 ] Minute Order re Order on Motion for Extension of Time by Erin Kirchenberg. (Attachments: #1 Proposed Order)(Mason, Gary) Modified on 4/12/2023 (Reader, L). |
| Filing 64 NOTICE of CHANGE of ADDRESS by Gary E. Mason, PHV. (Mason, Gary) |
| Filing 63 NOTICE of CHANGE of ADDRESS by Danielle Lynn Perry. (Perry, Danielle) |
Filing 62
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 02/02/2023 re: Disclosure of Privileged Information. (Rodriguez, E)
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Filing 61
STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 02/02/2023 re: Discovery of Electronically Stored Information. (Rodriguez, E)
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Filing 60
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dennis M. Cota on 2/1/2023. (Perdue, C.)
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| Filing 59 STIPULATION and PROPOSED ORDER for the Disclosure of Privileged Information by Erin Kirchenberg. (Perry, Danielle) Modified on 1/30/2023 (Licea Chavez, V). |
| Filing 58 STIPULATION and PROPOSED ORDER for Discovery of Electronically Stored Information by Erin Kirchenberg. (Perry, Danielle) Modified on 1/30/2023 (Licea Chavez, V). |
| Filing 57 STIPULATION and PROPOSED ORDER for Protective Order by Erin Kirchenberg. (Perry, Danielle) Modified on 1/30/2023 (Licea Chavez, V). |
| Filing 56 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 1/6/2023: On 1/5/2023, the parties filed a joint #55 Motion to amend the scheduling order. Good cause appearing, the court grants the parties' #55 Motion to amend the scheduling order as follows: plaintiff's expert disclosures by 4/13/2023; defendants' expert disclosures by 6/12/2023; and non-expert and expert discovery cutoff is 9/6/2023. Plaintiff shall file a motion for class certification no later than 9/5/2023 and shall notice the motion for a hearing no later than 2/1/2024; defendants' opposition to that motion shall be filed no later than 10/26/2023; and plaintiff's reply in support of that motion shall be filed no later than 12/7/2023. In addition, all dispositive motions, except for motions for continuances, temporary restraining orders or other emergency applications shall be filed no later than 4/1/2024 and shall be noticed for hearing before Judge Drozd on a date not more than 60 days from the date the motion is filed and on a date that is consistent with District Judge Dale A. Drozd's #54 Standing Order. In addition, the court now sets a Final Pretrial Conference set for 9/17/2024 at 01:30 PM before District Judge Dale A. Drozd by Zoom and a Jury Trial set for 11/18/2024 at 09:00 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Buzo, P) |
| Filing 55 MOTION for EXTENSION OF TIME to alter pre-trial schedule by Erin Kirchenberg. (Attachments: #1 Proposed Order)(Perry, Danielle) Modified on 1/5/2023 (Benson, A.). |
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Filing 54
STANDING ORDER signed by District Judge Dale A. Drozd on 8/25/2022. (Donati, J)
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Filing 53
ORDER by Chief Judge Kimberly J. Mueller: The Court having considered the equitable division and efficient and economical determination of court business, hereby reassigns this case from District Judge *Kimberly J. Mueller* to * District Judge Dale A. Drozd* for all further proceedings. (Donati, J)
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| Filing 52 NOTICE of WITHDRAWAL of COUNSEL Alexandra C. Aurisch by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. (Aurisch, Alexandra) Modified on 5/4/2022 (Benson, A.). |
| Filing 51 NOTICE of APPEARANCE by Shawn R. Obi on behalf of Ainsworth Pet Nutrition, Inc., J.M. Smucker Co.. Attorney Obi, Shawn R. added. (Obi, Shawn) |
| Filing 50 NOTICE of CHANGE of ADDRESS by Danielle Lynn Perry. (Perry, Danielle) |
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Filing 49
ORDER signed by Magistrate Judge Dennis M. Cota on 3/30/22 ORDERING that Jurisdiction and venue are not contested. No further joinder of parties or amendments to the pleadings is permitted without stipulation or leave of Court for good cause shown. The Court sets the following pre-trial schedule: The parties shall exchange initial disclosures by April 25, 2022. Plaintiff shall provide her list of expert witnesses no later than January 13, 2023. Defendants shall provide their lists of expert witnesses no later than February 17, 2023. All expert discovery shall be completed and all motions pertaining to expert discovery shall be noticed to be heard by May 9, 2023. Plaintiff's motion for class certification shall be filed by June 6, 2023. Defendants' oppositions to Plaintiff's motion for class certification shall be filed by July 28, 2023. Plaintiff's reply brief shall be filed by September 8, 2023. Plaintiff's motion for class certification shall be noticed for hearing before the assigned District Judge no later than November 3, 2023. All non-expert discovery shall be completed and all motions pertaining to non- expert discovery shall be noticed to be heard by July 14, 2023. All dispositive motions shall be noticed to be heard by September 23, 2023. (Kaminski, H)
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| Filing 48 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 3/24/22 GRANTING #46 Application for Pro Hac Vice. Added Attorney Gary E. Mason, PHV for Erin Kirchenberg. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Kastilahn, A) |
| Filing 47 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Dennis M. Cota: SCHEDULING CONFERENCE held on 3/23/2022. Formal order to issue. Plaintiff's Counsel Danielle Perry, Esq., and Gary Mason, Esq., present via CourtCall. Defendants' Counsel Ronal Rothstein, Esq., and Sean Suber, Esq., present via CourtCall. (Pine, C) |
| Filing 46 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Erin Kirchenberg for attorney Gary E. Mason to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10132518) (Attachments: #1 DC Certificate of Good Standing)(Perry, Danielle) |
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Filing 45
ORDER signed by Magistrate Judge Dennis M. Cota on 3/18/2022 GRANTING #40 Motion for Telephonic Conference. (Coll, A)
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Filing 44
ORDER GRANTING #41 Application for Pro Hac Vice signed by Chief District Judge Kimberly J. Mueller on 03/14/22. Added attorney David C. Magagna, Jr., PHV for Erin Kirchenberg. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Benson, A.)
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| Filing 43 JOINT SCHEDULING REPORT by Erin Kirchenberg. (Perry, Danielle) |
| Filing 42 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 3/2/2022: (Text Only Entry) An in-person hearing has been set in this matter. All parties are hereby advised, pursuant to Eastern District of California General Order No. 638, issued on November 2, 2021, that any individuals wishing to appear in person must be fully vaccinated. "Fully vaccinated" means two weeks have passed since the second dose of a two-dose COVID-19 vaccine or since the single dose of a one-dose COVID-19 vaccine. Proof of vaccination must be submitted to the Clerk of the Court at least five (5) days prior to the scheduled hearing. To submit proof of vaccination, visit www.caed.uscourts.gov and click on "COVID-19 Vaccination Submission". Individuals who are not fully vaccinated will need to contact the Court, no later than five (5) days prior to the hearing, regarding the availability of alternatives to appearing in person for the scheduled matter.(Pine, C) |
| Filing 41 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Erin Kirchenberg for attorney David C. Magagna, Jr. to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10102310) (Attachments: #1 PA Certificate of Good Standing, #2 NJ Certificate of Good Standing)(Perry, Danielle) |
| Filing 40 REQUEST FOR TELEPHONIC APPEARANCE at the 3/23/2022 Initial Scheduling Conference hearing by Erin Kirchenberg. (Attachments: #1 Proposed Order)(Perry, Danielle) |
| Filing 39 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota on 2/17/2022: (Text Only Entry) This matter is set for an Initial Scheduling Conference on 3/23/2022 at 10:00 AM in Redding before Magistrate Judge Dennis M. Cota.(Pine, C) |
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Filing 38
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/9/2022 GRANTING #37 Application for Pro Hac Vice. Added attorney Jeffrey S. Goldenberg, PHV for Erin Kirchenberg. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Huang, H)
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| Filing 37 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Erin Kirchenberg for attorney Jeffrey S. Goldenberg to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10063640) (Attachments: #1 Exhibit Certificate of Good Standing)(Straus, Alex) |
| Filing 36 ANSWER with Jury Demand by J.M. Smucker Co..(Rothstein, Ronald) |
| Filing 35 ANSWER with Jury Demand by Ainsworth Pet Nutrition, Inc..(Rothstein, Ronald) |
| Filing 34 NOTICE of APPEARANCE by Danielle Lynn Perry on behalf of Erin Kirchenberg. Attorney Perry, Danielle Lynn added. (Perry, Danielle) |
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Filing 33
ORDER signed by Chief District Judge Kimberly J. Mueller on 01/18/22 GRANTING IN PART and DENYING IN PART #18 Motion to Dismiss as follows: DENIED as to the CLRA, FAL, UCL, and breach of express warranty claims (claims 2, 5, 6, and 7 ); GRANTED as to plaintiff's breach of implied warranty and unjust enrichment claims (claims 3 and 4), with LEAVE to AMEND; DISMISSING Plaintiff's MMWA claim (claim 1) without leave to amend, in light of plaintiff's withdrawal of the claim. Any amended complaint must be filed within 21 days. (Benson, A.)
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| Filing 32 NOTICE of CHANGE of ADDRESS by Alex Rafael Straus. (Straus, Alex) |
| Filing 31 NOTICE of WITHDRAWAL of COUNSEL Amanda Jereige by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. (Jereige, Amanda) |
| Filing 30 NOTICE of APPEARANCE by Alexandra Aurisch on behalf of Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. Attorney Aurisch, Alexandra added. (Aurisch, Alexandra) |
| Filing 29 NOTICE of CHANGE of ADDRESS by Alex Rafael Straus. (Straus, Alex) |
| Filing 28 NOTICE of Withdrawal of Counsel Lisa A. White by Erin Kirchenberg. (White, Lisa) Modified on 5/24/2021 (Coll, A). |
| Filing 27 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), Defendants' Motion to Dismiss, ECF No. #18 , is SUBMITTED without oral argument. Accordingly, the hearing date of 9/4/2020 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry)(Schultz, C) |
| Filing 26 REPLY by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. to RESPONSE to #18 Motion to Dismiss,. (Rothstein, Ronald) |
| Filing 25 NOTICE of CHANGE of ADDRESS by Jonathan Shub. Attorney Shub, Jonathan added. (Shub, Jonathan) |
| Filing 24 BRIEF by Erin Kirchenberg in OPPOSITION to #18 Motion to Dismiss. (Straus, Alex) Modified on 8/3/2020 (Mena-Sanchez, L). |
| Filing 23 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Upon Stipulation of the parties, ECF No. #22 , and with the approval of the court, the hearing as to Defendants' Motion to Dismiss, ECF No. #18 set for 8/14/2020 is RESET for 9/4/2020 before Chief District Judge Kimberly J. Mueller. The deadline for Defendants to file their reply is EXTENDED to 8/21/2020.(Text Only Entry)(Schultz, C) |
| Filing 22 STIPULATION and PROPOSED ORDER to Continue Motion to Dismiss Hearing Date and Extend Defendants' Reply Deadline by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 21 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 7/24/2020 GRANTING #17 Application as to Attorney Sean H. Suber, PHV, to represent Ainsworth Pet Nutrition, Inc. and J.M. Smucker Co. (York, M) |
| Filing 20 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 7/24/2020 GRANTING #16 Application as to Attorney Ronald Y. Rothstein, PHV, to represent Ainsworth Pet Nutrition, Inc. and J.M. Smucker Co. (York, M) |
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Filing 19
ORDER signed by Magistrate Judge Dennis M. Cota on 6/26/2020 VACATING the 8/5/2020 initial Scheduling Conference, pending the District Judge's ruling on defendants' Motion to Dismiss. (Mena-Sanchez, L)
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| Filing 18 MOTION to DISMISS by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co.. Motion Hearing set for 8/14/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Declaration of Ronald Y. Rothstein, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order)(Rothstein, Ronald) Modified on 6/9/2020 (Zignago, K.). |
| Filing 17 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. for attorney Sean H. Suber to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8898306) (Rothstein, Ronald) |
| Filing 16 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. for attorney Ronald Y. Rothstein to appear Pro Hac Vice. Attorney Rothstein, Ronald Y. added. (Filing fee $ 225, receipt number 0972-8898278) (Rothstein, Ronald) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Ainsworth Pet Nutrition, Inc. (Jereige, Amanda) Modified on 5/18/2020 (Zignago, K.). |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by J.M. Smucker Co. (Jereige, Amanda) Modified on 5/18/2020 (Zignago, K.). |
| Filing 13 NOTICE of APPEARANCE by Amanda Jereige on behalf of Ainsworth Pet Nutrition, Inc., J.M. Smucker Co.. Attorney Jereige, Amanda added. (Jereige, Amanda) |
| Filing 12 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 4/29/20: Added attorney Arthur M. Stock, PHV for Erin Kirchenberg. (Kaminski, H) |
| Filing 11 PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 4/29/20: Added attorney Lisa A. White, PHV for Erin Kirchenberg. (Kaminski, H) |
| Filing 10 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Erin Kirchenberg for attorney Arthur Stock to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8864091) (Attachments: #1 Certificate of Good Standing for Arthur Stock)(Straus, Alex) |
| Filing 9 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Erin Kirchenberg for attorney Lisa A. White to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8864070) (Attachments: #1 Certificate of Good Standing for Lisa A. White)(Straus, Alex) |
| Filing 8 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to J.M. Smucker Co. on 4/7/2020, Answer due 6/8/2020 (Straus, Alex) |
| Filing 7 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Ainsworth Pet Nutrition, Inc. on 4/7/2020, Answer due 6/8/2020 (Straus, Alex) |
| Filing 6 MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota. This matter is set for Status (Initial Scheduling) on 8/5/2020 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. Plaintiff shall serve this minute order on defendants not yet appearing. (Pine, C) |
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Filing 5
MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 8/6/2020 before Chief District Judge Kimberly J. Mueller is VACATED, and will be reset by Magistrate Judge Dennis M. Cota. Plaintiff shall serve a copy of this minute order on Defendants not yet appearing. (Text Only Entry)(Schultz, C)
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| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/6/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Reader, L) |
| Filing 3 SUMMONS ISSUED as to *Ainsworth Pet Nutrition, Inc., J.M. Smucker Co.* with answer to complaint due within *21* days. Attorney *Alex R. Straus* *Greg Coleman Law, PC* *16748 McCormack Street* *Los Angeles, California 91436*. (Reader, L) |
| Filing 2 CIVIL COVER SHEET by Erin Kirchenberg (Straus, Alex) |
| Filing 1 COMPLAINT against Ainsworth Pet Nutrition, Inc., J.M. Smucker Co. by Erin Kirchenberg. Attorney Straus, Alex Rafael added. (Filing fee $ 400, receipt number 0972-8826624) (Attachments: #1 Exhibit A Testing, #2 Exhibit B Demand Letters)(Straus, Alex) |
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