Blue Diamond Growers v. Freedom Foods Pty Ltd.
Plaintiff: Blue Diamond Growers
Defendant: Freedom Foods Pty Ltd.
Case Number: 2:2020cv01932
Filed: September 25, 2020
Court: US District Court for the Eastern District of California
Presiding Judge: Allison Claire
Referring Judge: Kimberly J Mueller
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2021 Filing 40 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/18/2021: This case is DISMISSED, without prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Plaintiff's Notice of Voluntary Dismissal, ECF No. #39 . Accordingly, the pending Motion to Dismiss, or in the Alternative to Stay, ECF No. #13 , is DENIED as MOOT, all previously set deadlines and hearings are VACATED, and this case is CLOSED. (Text Only Entry) (Schultz, C)
March 10, 2021 Filing 39 NOTICE of VOLUNTARY DISMISSAL by Blue Diamond Growers. (Donner, Michael)
March 8, 2021 Filing 38 STATUS UPDATE RE: AUSTRALIAN FEDERAL COURT JUDGMENT filed by Plaintiff Blue Diamond Growers. (Donner, Michael) (Docket Text Modified on 3/8/2021 by C. Schultz)
February 12, 2021 Filing 37 STATEMENT filed by Defendant Freedom Foods Pty Ltd. re #13 Motion to Dismiss or in the Alternative Stay. (Paris, Adam)
February 12, 2021 Filing 36 STATUS UPDATE by Blue Diamond Growers re #13 Motion to Dismiss or in the Alternative Stay. (Donner, Michael) Modified on 2/12/2021 (Reader, L).
February 8, 2021 Filing 35 TRANSCRIPT of Proceedings Re: Defendant's Motion to Dismiss and Scheduling Conference held on February 5, 2021, before Chief District Judge Kimberly J. Mueller, filed by Court Reporter Kacy Barajas, Phone number 916-426-7640 E-mail kbarajas.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021. (Barajas, K)
February 8, 2021 Filing 34 TRANSCRIPT REQUEST by Freedom Foods Pty Ltd. for proceedings held on 02/05/2021 before Judge Kimberly J. Mueller. Court Reporter Kacy Barajas. (Paris, Adam)
February 8, 2021 Filing 33 TRANSCRIPT REQUEST by Blue Diamond Growers for proceedings held on 02/05/2021 before Judge Kimberly J. Mueller. Court Reporter Kacy Barajas. (Donner, Michael)
February 5, 2021 Filing 32 MINUTES for MOTION HEARING and SCHEDULING CONFERENCE held via videoconference before Chief District Judge Kimberly J. Mueller on 2/5/2021. Plaintiffs Counsel, Michael Donner (Lead) and Anthony Dutra, present. Defendant's Counsel, Adam Paris (Lead) and Jackson Trugman, present. The court heard oral argument as to Defendant's Motion to Dismiss, or in the Alternative to Stay, ECF No. #13 . After careful consideration of the parties' arguments, the court took the matter under submission. The court acknowledged receipt of the parties' Joint Status Report, ECF No. #24 . Court Reporter: Kacy Barajas. (Text Only Entry) (Schultz, C)
February 4, 2021 Filing 31 NOTICE of FILING by Blue Diamond Growers of Official Reporter's Transcript In Support of #20 Opposition To Defendant Freedom Foods Pty. Ltd.s #13 Motion To Dismiss, or In The Alternative, Stay. (Attachments: #1 Exhibit A)(Donner, Michael) Modified on 2/5/2021 (Zignago, K.).
January 29, 2021 Filing 29 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd. re #28 Memorandum in Support of Motion. (Paris, Adam)
January 28, 2021 Filing 30 SEALED EVENT (Attachments: #1 Part 2, #2 Part 3, #3 Part 4) (Coll, A)
January 28, 2021 Filing 28 MEMORANDUM by Freedom Foods Pty Ltd. in SUPPORT of #13 Motion to Dismiss/Lack of Jurisdiction. (Attachments: #1 Declaration Of Adam S. Paris, #2 Exhibits)(Paris, Adam) Modified on 1/29/2021 (Coll, A).
January 27, 2021 Opinion or Order Filing 27 ORDER signed by Chief District Judge Kimberly J. Mueller on 1/26/2021 GRANTING IN PART AND DENYING IN PART #12 Request to Seal as described in the order and STRIKING #13 Memorandum as improperly filed. FFPL may refile the memorandum with only the limited redaction approved by this order, with the accompanying exhibits redacted as also approved. To the extent FFPL instead chooses to withdraw certain documents or portions thereof, it may do so, filing a fully unredacted motion on the public docket. (Coll, A)
January 19, 2021 Filing 26 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd. re #25 Reply to Response to Motion. (Paris, Adam)
January 15, 2021 Filing 25 REPLY by Freedom Foods Pty Ltd. to response to #13 Motion to Dismiss. (Paris, Adam) Modified on 1/19/2021 (Zignago, K.).
January 8, 2021 Filing 24 JOINT STATUS REPORT by Blue Diamond Growers. (Forsyth, Batya)
January 8, 2021 Filing 23 NOTICE of APPEARANCE by Batya Floryn Forsyth on behalf of Blue Diamond Growers. Attorney Forsyth, Batya Floryn added. (Forsyth, Batya)
January 5, 2021 Filing 22 NOTICE of Lodging of Foreign Authority in support of #20 Opposition by Blue Diamond Growers. (Attachments: #1 Exhibit A)(Donner, Michael) Modified on 1/6/2021 (Huang, H).
January 5, 2021 Filing 21 REQUEST for JUDICIAL NOTICE in support of #20 Opposition by Blue Diamond Growers. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donner, Michael) Modified on 1/6/2021 (Huang, H).
January 5, 2021 Filing 20 OPPOSITION #13 Motion to Dismiss by Blue Diamond Growers. (Donner, Michael) Modified on 1/6/2021 (Huang, H).
January 4, 2021 Filing 19 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: Due to a scheduling conflict and on the court's own motion, the Status Conference and hearing as to Defendant's Motion to Dismiss, or in the Alternative to Stay, ECF No. #13 , set for 1/22/2021 is RESET for 2/5/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller. The filing deadline for the parties Joint Status Report and the Motion briefing deadlines remain unchanged. The February Hearing will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no later than 10:00 AM on 2/4/2021. (Text Only Entry) (Schultz, C)
November 24, 2020 Filing 18 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd.. (Paris, Adam)
November 23, 2020 Filing 17 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd. re #13 Motion to Dismiss #12 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Freedom Foods Pty Ltd.. (Paris, Adam) Modified on 11/24/2020 (Kaminski, H).
November 20, 2020 Filing 16 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 11/20/2020: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 1/28/2021 is ADVANCED to 1/22/2021 at 10:00 AM before Chief District Judge Kimberly J. Mueller, with the filing of a joint status report due fourteen (14) days prior. (Text Only Entry) (Schultz, C)
November 20, 2020 Filing 15 CORPORATE DISCLOSURE STATEMENT by Defendant Freedom Foods Pty Ltd.. (Paris, Adam)
November 20, 2020 Filing 14 REQUEST for JUDICIAL NOTICE by Freedom Foods Pty Ltd. in re #13 Motion to Dismiss/Lack of Jurisdiction,. (Paris, Adam)
November 20, 2020 Filing 13 MOTION to DISMISS for LACK of JURISDICTION or in the Alternative, Stay by Freedom Foods Pty Ltd.. Motion Hearing set for 1/22/2021 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Memorandum Of Points and Authorities In Support (Redacted), #2 Declaration Of Adam Paris In Support, #3 Exhibit A through E to Paris Declaration (Redacted), #4 Exhibit F to Paris Declaration)(Paris, Adam)
November 20, 2020 Filing 12 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Freedom Foods Pty Ltd.. (Paris, Adam)
November 9, 2020 Opinion or Order Filing 11 STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/6/20 GRANTING #10 Request for Extension of time. Defendant shall file its Response to the Complaint on or before 11/20/20. (Kaminski, H)
November 4, 2020 Filing 10 STIPULATION for Extension of time to Respond to #1 Complaint by Freedom Foods Pty Ltd. (Paris, Adam) Modified on 11/5/2020 (Coll, A).
October 21, 2020 Filing 9 NOTICE of APPEARANCE by Jackson Samuel Trugman on behalf of Freedom Foods Pty Ltd.. Attorney Trugman, Jackson Samuel added. (Trugman, Jackson)
October 21, 2020 Filing 8 NOTICE of APPEARANCE by Adam Seth Paris on behalf of Freedom Foods Pty Ltd.. Attorney Paris, Adam Seth added. (Paris, Adam)
October 13, 2020 Filing 7 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Dutra, Anthony)
October 12, 2020 Filing 6 SUMMONS RETURNED EXECUTED: Blue Diamond Growers served on 9/30/2020, answer due 10/21/2020. (Dutra, Anthony)
October 12, 2020 Filing 5 CERTIFICATE of SERVICE by Blue Diamond Growers re #4 Civil New Case Documents for KJM. (Dutra, Anthony)
September 28, 2020 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/28/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.)
September 28, 2020 Filing 3 SUMMONS ISSUED as to *Freedom Foods Pty Ltd.* with answer to complaint due within *90* days. Attorney *Michael F. Donner* *Hanson Bridgett LLP* *425 Market St., 26th Floor* *San Francisco, CA 94105*. (Benson, A.)
September 25, 2020 Filing 2 NOTICE of APPEARANCE by Michael F. Donner on behalf of Blue Diamond Growers. Attorney Donner, Michael F. added. (Donner, Michael)
September 25, 2020 Filing 1 COMPLAINT against Freedom Foods Pty Ltd. by Blue Diamond Growers. Attorney Dutra, Anthony James added. (Attachments: #1 Corporate Disclosure Statement, #2 Civil Cover Sheet) )(Dutra, Anthony)

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Plaintiff: Blue Diamond Growers
Represented By: Michael F. Donner
Represented By: Anthony James Dutra
Represented By: Batya Floryn Forsyth
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Defendant: Freedom Foods Pty Ltd.
Represented By: Adam Seth Paris
Represented By: Jackson Samuel Trugman
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