Blue Diamond Growers v. Freedom Foods Pty Ltd.
| Blue Diamond Growers |
| Freedom Foods Pty Ltd. |
| 2:2020cv01932 |
| September 25, 2020 |
| US District Court for the Eastern District of California |
| Allison Claire |
| Kimberly J Mueller |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 42 AMENDED MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller on 3/23/2022: This case is DISMISSED, with prejudice, as provided by Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Amended Stipulation and Notice of Dismissal, ECF No. #41 . 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) |
| Filing 41 AMENDED DOCUMENT by Freedom Foods Pty Ltd.: Amended #39 Notice of Voluntary Dismissal. (Paris, Adam) |
| 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) |
| Filing 39 NOTICE of VOLUNTARY DISMISSAL by Blue Diamond Growers. (Donner, Michael) |
| 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) |
| Filing 37 STATEMENT filed by Defendant Freedom Foods Pty Ltd. re #13 Motion to Dismiss or in the Alternative Stay. (Paris, Adam) |
| 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). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.). |
| Filing 29 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd. re #28 Memorandum in Support of Motion. (Paris, Adam) |
| Filing 30 SEALED EVENT (Attachments: #1 Part 2, #2 Part 3, #3 Part 4) (Coll, A) |
| 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). |
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)
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| Filing 26 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd. re #25 Reply to Response to Motion. (Paris, Adam) |
| Filing 25 REPLY by Freedom Foods Pty Ltd. to response to #13 Motion to Dismiss. (Paris, Adam) Modified on 1/19/2021 (Zignago, K.). |
| Filing 24 JOINT STATUS REPORT by Blue Diamond Growers. (Forsyth, Batya) |
| Filing 23 NOTICE of APPEARANCE by Batya Floryn Forsyth on behalf of Blue Diamond Growers. Attorney Forsyth, Batya Floryn added. (Forsyth, Batya) |
| 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). |
| 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). |
| Filing 20 OPPOSITION #13 Motion to Dismiss by Blue Diamond Growers. (Donner, Michael) Modified on 1/6/2021 (Huang, H). |
| 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) |
| Filing 18 CERTIFICATE of SERVICE by Freedom Foods Pty Ltd.. (Paris, Adam) |
| 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). |
| 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) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Defendant Freedom Foods Pty Ltd.. (Paris, Adam) |
| Filing 14 REQUEST for JUDICIAL NOTICE by Freedom Foods Pty Ltd. in re #13 Motion to Dismiss/Lack of Jurisdiction,. (Paris, Adam) |
| 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) |
| Filing 12 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Freedom Foods Pty Ltd.. (Paris, Adam) |
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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)
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| 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). |
| Filing 9 NOTICE of APPEARANCE by Jackson Samuel Trugman on behalf of Freedom Foods Pty Ltd.. Attorney Trugman, Jackson Samuel added. (Trugman, Jackson) |
| Filing 8 NOTICE of APPEARANCE by Adam Seth Paris on behalf of Freedom Foods Pty Ltd.. Attorney Paris, Adam Seth added. (Paris, Adam) |
| 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) |
| Filing 6 SUMMONS RETURNED EXECUTED: Blue Diamond Growers served on 9/30/2020, answer due 10/21/2020. (Dutra, Anthony) |
| Filing 5 CERTIFICATE of SERVICE by Blue Diamond Growers re #4 Civil New Case Documents for KJM. (Dutra, Anthony) |
| 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.) |
| 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.) |
| Filing 2 NOTICE of APPEARANCE by Michael F. Donner on behalf of Blue Diamond Growers. Attorney Donner, Michael F. added. (Donner, Michael) |
| 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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