Klein v. Jelly Belly Candy Co.
| David Klein |
| Jelly Belly Candy Company |
| 2:2023cv00035 |
| January 9, 2023 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| John A Mendez |
| Jeremy D Peterson |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Document Text |
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| Filing 44 TRANSCRIPT REQUEST by Jelly Belly Candy Company for proceedings held on March 7, 2023 before Judge Dale A. Drozd. Court Reporter Maryann Valenoti. (Lane, Michael) |
| SERVICE BY MAIL: 43 Minute Order served on David Klein. (Buzo, P) |
| Filing 43 MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: MOTION HEARING held on 3/7/2023 re #33 Motion for Attorney Fees filed by Jelly Belly Candy Company, #36 Request Judicial Notice, filed by Jelly Belly Candy Company, #32 Anti-SLAPP Motion to Strike filed by Jelly Belly Candy Company. David Klein, plaintiff pro se, appeared by video. Michael Lane and Eric Wong appeared by video on behalf of defendant. After hearing of arguments, Court ruled from the Bench. For reasons stated on the record, defendant's [36-2]unopposed request for judicial notice is GRANTED in part; defendant's #32 #36 Anti-SLAPP motion to strike or dismiss plaintiff's claims is GRANTED, and defendant's #33 Rule 41(d) motion for an award of attorneys' fees and costs is GRANTED. All of plaintiff's claims are dismissed, without leave to amend. No later than 3/14/2023, defendant shall file two separate applications for attorneys' fees and costs, accompanied by separate declarations and supporting documentation, so that the court may undertake a lodestar analysis and determine the amounts to be awarded for attorneys' fees and costs incurred by defendant in this action and in the New York action. The court will await the forthcoming applications and resolve those applications before closing this case and entering judgment. Plaintiffs Counsel David Klein present by video. Defendants Counsel Michael Lane, Eric Wong present video. Court Reporter/CD Number: Maryann Valenoti. (Buzo, P) |
| SERVICE BY MAIL: #31 Civil New Case Documents for DAD and #30 Order served on David Klein. (Donati, J) |
| Filing 42 PROOF of SERVICE by Jelly Belly Candy Company. (Lane, Michael) Modified on 2/16/2023 (Mena-Sanchez, L). |
| Filing 41 EXHIBIT A to Reply #40 filed by Defendant Jelly Belly Candy Company re #33 Motion for Attorney Fees,,. (Lane, Michael) |
| Filing 40 REPLY by Jelly Belly Candy Company re #33 Motion for Attorney Fees,,. (Lane, Michael) |
| Filing 39 REPLY by Jelly Belly Candy Company re #32 Motion to Strike,. (Lane, Michael) |
| Filing 38 OPPOSITION by David Klein to #32 Motion to Dismiss. (Kastilahn, A) |
| Filing 37 CERTIFICATE / PROOF of SERVICE by Jelly Belly Candy Company re #36 Notice of Errata,. (Lane, Michael) |
| Filing 36 NOTICE of ERRATA by Jelly Belly Candy Company re #32 Motion to Strike.. (Attachments: #1 Amended Memo of Point and Authorities, #2 Amended Request For Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Lane, Michael) |
| Filing 35 CERTIFICATE / PROOF of SERVICE by Jelly Belly Candy Company re #33 Motion for Attorney Fees. (Lane, Michael) |
| Filing 34 CERTIFICATE / PROOF of SERVICE by Jelly Belly Candy Company re #32 Motion to Strike. (Lane, Michael) |
| Filing 33 MOTION for ATTORNEY FEES by Jelly Belly Candy Company. Motion Hearing set for 3/7/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities, #2 Declaration of Michael Lane, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Proposed Order)(Lane, Michael) |
| Filing 32 MOTION to STRIKE All Claims, Award Attorneys Fees and Dismiss Complaint. by Jelly Belly Candy Company. Motion Hearing set for 3/7/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities, #2 Request For Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order)(Lane, Michael) |
| Filing 31 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/16/2023 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Benson, A.) |
Filing 30
RELATED CASE ORDER signed by District Judge Dale A. Drozd on 01/12/23 RELATING cases 2:22-cv-1509 DAD JDP and 2:23-cv-0035 JAM JDP. This related case is REASSIGNED to District Judge Dale A. Drozd for all further proceedings; any dates currently set in this case are VACATED; District Judge John A. Mendez is no longer assigned to case; Magistrate Judge Jeremy D. Peterson remains on the case. The case number on all future filings shall be: 2:23-cv-0035 DAD JDP (cc: JAM). (Benson, A.) Modified on 1/13/2023 (Benson, A.).
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| Filing 29 NOTICE of RELATED CASE(S) 2:22-cv-01509-DAD-JDP by Jelly Belly Candy Company. Attorney Lane, Michael Dominick added. (Lane, Michael) |
| Filing 28 NOTICE OF WITHDRAWAL OF COUNSEL by Jelly Belly Candy Company. Attorneys David G. Thomas and Angela Bunnell TERMINATED. (Kappes, Kurt) |
| Filing 27 CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Flores, E) |
| Filing 26 NOTICE Directing Attorney's Angela Bunnell, NCAED, David G. Thomas, NCAED, Farva Jafri, NCAED to Submit Application for Pro Hac Vice. (Flores, E) |
| Filing 25 CASE TRANSFERRED IN from District of Massachusetts; Case Number 1:22-cv-11825. |
| Filing 24 Case transferred to the Eastern District of California. Original case file electronically sent to the Clerk in that district. (Pacho, Arnold) [Transferred from mad on 1/9/2023.] |
| Filing 23 Letter to Judge Kelley re [Dkt. 22] Order from Plaintiff David Klein. (Attachments: #1 Exhibit A) (Pacho, Arnold) [Transferred from mad on 1/9/2023.] |
| Filing 22 District Judge Angel Kelley: ELECTRONIC ORDER entered. Defendant moved to transfer this case to the Eastern District of California on November 1, 2022. [Dkt. 7]. Defendant emailed the motion papers to Plaintiffs counsel that same day and mailed hard copies on November 2, 2022. [Dkt. 20]. This information was provided to Plaintiff via his counsel well before Plaintiff on January 3, 2023 informed the Court that he was no longer represented by his attorney. In light of Defendants filing demonstrating that Plaintiffs attorney received notice and a copy of the motion to transfer via email and physical mail, the Court renews the below order previously entered at [Dkt. 17].Defendant has moved to transfer this action to the Eastern District of California. [Dkt. 7]. Massachusetts is not a proper venue here because it has no relationship to the parties or the Plaintiffs claims. Neither the Plaintiff nor the Defendant reside in Massachusetts. [Dkt. 7 at 1]. None of the events alleged by Plaintiff in his complaint occurred in Massachusetts and none of the alleged injury was suffered here. [Id.]. Furthermore, currently there is previously filed action pending in the Eastern District of California involving the same issues Plaintiff raises here. [Id.]. Venue in California is proper under 28 U.S.C. 1391(b)(2) because Jelly Belly incorporated and headquartered in California, where a substantial part of the alleged events occurred. [Dkt. 8 at 8]. California would also be a more convenient venue for witnesses. [Id.]. The Court finds that it would be inconvenient for the parties involved to litigate in Massachusetts.Defendant Jelly Belly Candy Companys Motion to Transfer this action to the District Court for the Eastern District of California is hereby GRANTED. (Lara, Miguel) [Transferred from mad on 1/9/2023.] |
| Filing 21 Letter to Judge Kelley from Plaintiff David Klein. (Pacho, Arnold) [Transferred from mad on 1/9/2023.] |
| Filing 20 Letter/request (non-motion) from David Thomas . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 19 District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties are ordered to clarify whether Plaintiff received notice of the motion to transfer [Dkt. 7]. Plaintiff's counsel was not registered through ECF and did not automatically receive notice of new filings. The motion to transfer stated that paper copies were provided to parties not-registered participants on November 1, 2022. The parties should provide an update on whether Plaintiff's Counsel, Farva Jafri, received an aforementioned paper copy. (Lara, Miguel) [Transferred from mad on 1/9/2023.] |
| Filing 18 District Judge Angel Kelley: ELECTRONIC ORDER entered. The order entered at Dkt. No. 17 is VACATED as it was entered in error. (Lara, Miguel) [Transferred from mad on 1/9/2023.] |
| Filing 17 District Judge Angel Kelley: ELECTRONIC ORDER entered. This Court may transfer a case before it to any district or division in which the matter could have been brought if it finds that doing so would be in the interest of justice. 28 U.S.C. 1406(a),Defendant has moved to transfer this action to the Eastern District of California. [Dkt. 7]. Plaintiff has not opposed this motion. Massachusetts is not a proper venue here because it has no relationship to the parties or the Plaintiffs claims. Neither the Plaintiff nor the Defendant reside in Massachusetts. [Dkt. 7 at 1]. None of the events alleged by Plaintiff in his complaint occurred in Massachusetts and none of the alleged injury was suffered here. [Id.]. Furthermore, currently there is previously filed action pending in the Eastern District of California involving the same issues Plaintiff raises here. [Id.]. Venue in California is proper under 28 U.S.C. 1391(b)(2) because Jelly Belly incorporated and headquartered in California, where a substantial part of the alleged events occurred. [Dkt. 8 at 8]. California would also be a more convenient venue for witnesses. [Id.]. The Court finds that it would be inconvenient for the parties involved to litigate in Massachusetts.Defendant Jelly Belly Candy Companys Motion to Transfer this action to the District Court for the Eastern District of California is hereby GRANTED. (Lara, Miguel) [Transferred from mad on 1/9/2023.] |
| Filing 16 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #12 Motion for Leave to Appear Pro Hac Vice. Added Eric D. Wong. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) [Transferred from mad on 1/9/2023.] |
| Filing 15 District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING #11 Motion for Leave to Appear Pro Hac Vice. Added Kurt A. Kappes. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) [Transferred from mad on 1/9/2023.] |
| Filing 14 STATE COURT Record. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 13 AFFIDAVIT in Support of Motion for Admission Pro Hac Vice of Eric D. Wong. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Eric D. Wong Filing fee: $ 100, receipt number AMADC-9590814 by Jelly Belly Candy Company.(Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Kurt A. Kappes Filing fee: $ 100, receipt number AMADC-9590775 by Jelly Belly Candy Company. (Attachments: #1 Affidavit Affidavit of Kurt A. Kappes in Support of His Motion to Appear Pro Hac Vice)(Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 10 DECLARATION re #7 MOTION to Transfer Case or in the Alternative to Dismiss the Complaint to Eastern District of California. Declaration of Robert Swaigen by Jelly Belly Candy Company. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 9 DECLARATION re #7 MOTION to Transfer Case or in the Alternative to Dismiss the Complaint to Eastern District of California. Declaration of David Thomas by Jelly Belly Candy Company. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Transfer Case or in the Alternative to Dismiss the Complaint to Eastern District of California. filed by Jelly Belly Candy Company. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 7 MOTION to Transfer Case or in the Alternative to Dismiss the Complaint to Eastern District of California. by Jelly Belly Candy Company.(Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Warnock, Douglas) [Transferred from mad on 1/9/2023.] |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) [Transferred from mad on 1/9/2023.] |
| Filing 4 NOTICE of Appearance by Angela Bunnell on behalf of Jelly Belly Candy Company (Bunnell, Angela) [Transferred from mad on 1/9/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Jelly Belly Candy Company. (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 2 NOTICE of Appearance by David G. Thomas on behalf of Jelly Belly Candy Company (Thomas, David) [Transferred from mad on 1/9/2023.] |
| Filing 1 NOTICE OF REMOVAL by Jelly Belly Candy Company ( Filing fee: $ 402, receipt number AMADC-9558093 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal (, #3 Civil Cover Sheet Civil Action Cover Sheet, #4 Civil Cover Sheet Category Form)(Thomas, David) [Transferred from mad on 1/9/2023.] |
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