Bayol v. Health-Ade LLC et al

Bayol v. Health-Ade LLC et al

Plaintiff:	Gabriela Bayol and Bruce Verbeck
Defendant:	Whole Foods Market California, Inc. and Health-Ade LLC
Case Number:	3:2018cv01462
Filed:	March 6, 2018
Court:	US District Court for the Northern District of California
Office:	San Francisco Office
County:	San Francisco
Presiding Judge:	Maxine M Chesney
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 21, 2020	Filing 61 NOTICE by Gabriela Bayol, Bruce Verbeck Post-Distribution Accounting (Krivoshey, Yeremey) (Filed on 2/21/2020)
October 11, 2019	Filing 60 FINAL JUDGMENT. Signed by Judge Maxine M. Chesney on October 11, 2019. (mmclc1, COURT STAFF) (Filed on 10/11/2019)
October 11, 2019	Filing 59 ORDER APPROVING AWARD OF ATTORNEY'S FEES, COSTS AND EXPENSES, AND INCENTIVE AWARDS. Signed by Judge Maxine M. Chesney on October 11, 2019. (mmclc1, COURT STAFF) (Filed on 10/11/2019)
October 11, 2019	Filing 58 FINAL ORDER APPROVING CLASS ACTION SETTLEMENT. Signed by Judge Maxine M. Chesney on October 11, 2019. (mmclc1, COURT STAFF) (Filed on 10/11/2019)
October 11, 2019	Filing 57 Minute Entry for proceedings held before Judge Maxine M. Chesney: Motion Hearing held on 10/11/2019. re #55 MOTION for Settlement (Final Approval) filed by Bruce Verbeck, Gabriela Bayol, #53 MOTION for Attorney Fees filed by Bruce Verbeck, Gabriela Bayol Total Time in Court: 23 minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorney: L. Timothy Fisher, Yeremey Krivoshey. Defendant Attorney: Robert Herrington. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 10/11/2019)
October 10, 2019	Filing 56 Declaration of Tina Chiango in Support of #55 MOTION for Settlement (Final Approval) (Supplemental Declaration Regarding CAFA Notice) filed byGabriela Bayol, Bruce Verbeck. (Related document(s) #55 ) (Krivoshey, Yeremey) (Filed on 10/10/2019)
September 27, 2019	Filing 55 MOTION for Settlement (Final Approval) filed by Gabriela Bayol, Bruce Verbeck. Motion Hearing set for 10/11/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/11/2019. Replies due by 10/18/2019. (Attachments: #1 Declaration of Yeremey Krivoshey, #2 Declaration of Tina Chiango, #3 Proposed Order Final Order Approving Class Action Settlement, #4 Proposed Order Final Judgment)(Krivoshey, Yeremey) (Filed on 9/27/2019)
September 17, 2019	Filing 54 Declaration of Tina Chiango by Gabriela Bayol, Bruce Verbeck Regarding Opt-Outs and Claims Filed (Krivoshey, Yeremey) (Filed on 9/17/2019) Modified on 9/18/2019 (mclS, COURT STAFF).
May 24, 2019	Filing 53 MOTION for Attorney Fees filed by Gabriela Bayol, Bruce Verbeck. Motion Hearing set for 10/11/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 6/7/2019. Replies due by 6/14/2019. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order)(Krivoshey, Yeremey) (Filed on 5/24/2019)
April 29, 2019	Filing 52 Transcript of Proceedings held on 4-19-2019, before Judge Maxine M. Chesney. Court Reporter Ana M. Dub, CSR 7445, telephone number 415-290-1651; ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #49 Transcript Order ) Release of Transcript Restriction set for 7/29/2019. (Related documents(s) #49 ) (amdS, COURT STAFF) (Filed on 4/29/2019)
April 26, 2019	Filing 51 ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT. Signed by Judge Maxine M. Chesney on April 26, 2019. (mmclc1, COURT STAFF) (Filed on 4/26/2019)
April 23, 2019	Filing 50 AMENDED DOCUMENT by Gabriela Bayol, Bruce Verbeck. Plaintiffs' Revised Settlement Notice Documents. (Krivoshey, Yeremey) (Filed on 4/23/2019)
April 19, 2019	Filing 49 TRANSCRIPT ORDER for proceedings held on 4/19/2019 before Judge Maxine M. Chesney by Gabriela Bayol, Bruce Verbeck, for Court Reporter Ana Dub. (Krivoshey, Yeremey) (Filed on 4/19/2019)
April 19, 2019	Filing 48 Minute Entry for proceedings held before Judge Maxine M. Chesney: Motion Hearing held on 4/19/2019. re #47 MOTION for Settlement (Preliminary Approval) filed by Bruce Verbeck, Gabriela Bayol Plaintiffs' Motion for Final Approval due by 9/27/2019. Plaintiffs' Motion for Final Approval Hearing set for 10/11/2019 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney.Total Time in Court: 1:03. Court Reporter: Ana Dub. Plaintiff Attorney: Timothy Fisher and Yeremey Krivoshey. Defendant Attorney: Robert Herrington. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 4/19/2019)
March 15, 2019	Filing 47 MOTION for Settlement (Preliminary Approval) filed by Gabriela Bayol, Bruce Verbeck. Motion Hearing set for 4/19/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 3/29/2019. Replies due by 4/5/2019. (Attachments: #1 Declaration of Yeremey Krivoshey, #2 Declaration of Gabriela Bayol, #3 Declaration of Bruce Verbeck, #4 Declaration of Gary Cooperman, #5 Declaration of William W. Wickersham, #6 Proposed Order)(Krivoshey, Yeremey) (Filed on 3/15/2019)
January 28, 2019	Filing 46 ORDER VACATING ALL DEADLINES; DIRECTIONS TO PARTIES. All deadlines governing this matter are vacated. In the event a motion for preliminary approval has not been filed on or before March 15, 2019, the parties shall file, no later than said date, a joint status report. Signed by Judge Maxine M. Chesney on January 28, 2019. (mmclc1, COURT STAFF) (Filed on 1/28/2019)
January 25, 2019	Filing 45 NOTICE by Health-Ade LLC Joint Notice of Settlement and Stipulated [Proposed] Order Vacating All Deadlines (Neighbors, Michael) (Filed on 1/25/2019)
September 6, 2018	Filing 44 NOTICE of Appearance by Michael Slade Neighbors (Neighbors, Michael) (Filed on 9/6/2018)
August 23, 2018	Filing 43 ORDER GRANTING BAYOL PLAINTIFFS' MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL; DENYING GONZALEZ PLAINTIFFS' MOTION FOR APPOINTMENT OF INTERIM COUNSEL. Signed by Judge Maxine M. Chesney on August 23, 2018. (mmclc1, COURT STAFF) (Filed on 8/23/2018)
August 23, 2018	Filing 42 ORDER APPROVING STIPULATION REMOVING CASE FROM COURT-SPONSORED MEDIATION; ORDER REFERRING PARTIES TO PRIVATE MEDIATION. Signed by Judge Maxine M. Chesney on August 23, 2018. (mmclc1, COURT STAFF) (Filed on 8/23/2018)
August 22, 2018	Filing 41 STIPULATION WITH PROPOSED ORDER Removing Case From Court-Sponsored ADR Program filed by Gabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 8/22/2018)
August 21, 2018	Filing 40 ORDER VACATING HEARING ON PLAINTIFFS' MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL. Signed by Judge Maxine M. Chesney on August 1, 2018. (mmclc1, COURT STAFF) (Filed on 8/21/2018)
July 20, 2018	Filing 39 NOTICE of Change In Counsel by Benjamin Samuel Kurtz (Kurtz, Benjamin) (Filed on 7/20/2018)
July 19, 2018	Filing 38 REPLY (re #33 MOTION to Appoint Counsel ) filed byGabriela Bayol, Bruce Verbeck. (Attachments: #1 Declaration of Yeremey Krivoshey)(Krivoshey, Yeremey) (Filed on 7/19/2018)
July 2, 2018	Filing 37 Certificate of Interested Entities by Whole Foods Market California, Inc. identifying Corporate Parent Whole Foods Market Inc., Corporate Parent (indirect parent) Amazon.Com Inc. for Whole Foods Market California, Inc.. (Herrington, Robert) (Filed on 7/2/2018)
July 2, 2018	#Electronic filing error. This filing will not be processed by the clerks office.Please re-file in its entirety adding Corporate Parent(s) or Other Affiliate(s) when prompted to do so on the screen. Re: #35 Certificate of Interested Entities filed by Health-Ade LLC, Whole Foods Market California, Inc. (mclS, COURT STAFF)
June 29, 2018	Filing 36 Minute Entry for proceedings held before Judge Maxine M. Chesney: Initial Case Management Conference held on 6/29/2018. Amended Pleadings due by 9/12/2018. Joint Case Management Statement due by 6/7/2019. Further Case Management Conference set for 6/14/2019 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Class Certification Motion due by 1/25/2019. Opposition due by 3/1/2019. Reply due by 3/22/2019. Class Certification Motion Hearing set for 4/12/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Plaintiff's Motion for Interim Class Counsel Hearing set for 8/24/2018 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney.Total Time in Court: 29 minutes. Not Reported or Recorded. Plaintiff Attorney (Bayol): Timothy Fisher and Yeremey Krivoshey.Plaintiff Attorney (Gonzalez): Kiley Grombacher. Defendant Attorney: Benjamin Kurtz. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 6/29/2018)
June 29, 2018	Set/Reset Deadlines as to #33 MOTION to Appoint Counsel . Opposition and Cross-Motion due by 7/12/2018. Opposition and Reply due by 7/19/2018. Reply due by 7/26/2018. Motion Hearing set for 8/24/2018 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 6/29/2018)
June 28, 2018	Filing 35 Certificate of Interested Entities by Health-Ade LLC, Whole Foods Market California, Inc. per Local Rule 3-15 (Herrington, Robert) (Filed on 6/28/2018)
June 28, 2018	Filing 34 Corporate Disclosure Statement by Health-Ade LLC, Whole Foods Market California, Inc. (Herrington, Robert) (Filed on 6/28/2018)
June 28, 2018	Filing 33 MOTION to Appoint Counsel filed by Gabriela Bayol, Bruce Verbeck. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order)(Fisher, Lawrence) (Filed on 6/28/2018)
June 5, 2018	Filing 32 Certificate of Interested Entities by Gabriela Bayol, Bruce Verbeck (Krivoshey, Yeremey) (Filed on 6/5/2018)
June 5, 2018	Filing 31 NOTICE of Appearance by Lawrence Timothy Fisher (Fisher, Lawrence) (Filed on 6/5/2018)
June 1, 2018	Filing 30 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference is continued from June 8, 2018, to June 29, 2018, at 10:30 a.m. No further Case Management Statement need be submitted, unless the parties are of the view that the filing of an updated Case Management Statement is warranted. Signed by Judge Maxine M. Chesney on June 1, 2018. (mmclc1, COURT STAFF) (Filed on 6/1/2018)
June 1, 2018	Set/Reset Hearing re #30 Order,, Terminate Hearings, Initial Case Management Conference reset to 6/29/2018 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 6/1/2018)
May 30, 2018	Filing 29 RELATED CASE ORDER. Bayol v Health-Ade LLC, 18-1462, is related to Gonzalez v Health-Ade, LLC, 18-1836. The Clerk of Court is directed to reassign the later-filed action to the undersigned. Signed by Judge Maxine M. Chesney on May 30, 2018. (mmclc1, COURT STAFF) (Filed on 5/30/2018)
May 29, 2018	Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Gabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 5/29/2018)
May 25, 2018	#Electronic filing error. Document not properly linked to #16 Amended Complaint. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #27 Answer to Amended Complaint filed by Health-Ade LLC, Whole Foods Market California, Inc. (mclS, COURT STAFF)
May 24, 2018	Filing 27 ANSWER to #16 Amended Complaint byHealth-Ade LLC, Whole Foods Market California, Inc. (Herrington, Robert) (Filed on 5/24/2018) Modified on 5/25/2018 (mclS, COURT STAFF).
May 18, 2018	Filing 26 ORDER SELECTING ADR PROCESS. The parties' stipulation to participate in mediation is approved. The deadline to hold the mediation is October 26, 2018. Signed by Judge Maxine M. Chesney on May 18, 2018. (mmclc1, COURT STAFF) (Filed on 5/18/2018)
May 18, 2018	Filing 25 ORDER RE: CORRECTED PROPOSED STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. The parties' stipulation is approved. Signed by Judge Maxine M. Chesney on May 18, 2018.(mmclc1, COURT STAFF) (Filed on 5/18/2018)
May 16, 2018	Filing 24 STIPULATION and Proposed Order selecting Mediation by Gabriela Bayol, Bruce Verbeck filed by Gabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 5/16/2018)
May 16, 2018	Filing 23 STIPULATION WITH PROPOSED ORDER Re (Corrected) Protective Order For Standard Litigation filed by Gabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 5/16/2018)
May 16, 2018	Filing 22 CERTIFICATE OF SERVICE by Health-Ade LLC re #18 Stipulation, #17 ADMINISTRATIVE MOTION To Have Cases Designated As Related (Herrington, Robert) (Filed on 5/16/2018)
May 16, 2018	Filing 21 * ERRONEOUS ENTRY. SEE #23 * STIPULATION WITH PROPOSED ORDER Re Protective Order for Standard Litigation filed by Gabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 5/16/2018) Modified on 5/17/2018 (mclS, COURT STAFF).
May 16, 2018	Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bruce Verbeck) (Krivoshey, Yeremey) (Filed on 5/16/2018) Modified on 5/17/2018 (mclS, COURT STAFF).
May 16, 2018	Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Krivoshey, Yeremey) (Filed on 5/16/2018)
May 16, 2018	Filing 18 STIPULATION re #17 ADMINISTRATIVE MOTION To Have Cases Designated As Related filed by Health-Ade LLC. (Herrington, Robert) (Filed on 5/16/2018)
May 16, 2018	Filing 17 ADMINISTRATIVE MOTION To Have Cases Designated As Related filed by Health-Ade LLC. Responses due by 5/21/2018. (Attachments: #1 Proposed Order)(Herrington, Robert) (Filed on 5/16/2018)
May 10, 2018	Filing 16 AMENDED COMPLAINT against Health-Ade LLC, Whole Foods Market California, Inc.. Filed byGabriela Bayol, Bruce Verbeck. (Krivoshey, Yeremey) (Filed on 5/10/2018)
May 4, 2018	Filing 15 ANSWER to Complaint with Jury Demand byHealth-Ade LLC, Whole Foods Market California, Inc.. (Herrington, Robert) (Filed on 5/4/2018)
April 26, 2018	Filing 14 STIPULATION Regarding Extension of Time to Respond to Complaint (L.R. 6-1(a)) filed by Health-Ade LLC, Whole Foods Market California, Inc.. (Herrington, Robert) (Filed on 4/26/2018)
April 3, 2018	Filing 13 STIPULATION re EXTENSION OF TIME TO RESPOND TO COMPLAINT (L.R. 6-1(a)) filed by Health-Ade LLC, Whole Foods Market California, Inc.. (Herrington, Robert) (Filed on 4/3/2018)
March 30, 2018	Filing 12 SUMMONS Returned Executed by Gabriela Bayol. Whole Foods Market California, Inc. served on 3/19/2018, answer due 4/9/2018. (Krivoshey, Yeremey) (Filed on 3/30/2018)
March 30, 2018	Filing 11 SUMMONS Returned Executed by Gabriela Bayol. Health-Ade LLC served on 3/16/2018, answer due 4/6/2018. (Krivoshey, Yeremey) (Filed on 3/30/2018)
March 26, 2018	Filing 10 ORDER DIRECTING PLAINTIFF TO SUBMIT CHAMBERS COPY OF COMPLAINT. Signed by Judge Maxine M. Chesney on March 26, 2018. (mmclc1, COURT STAFF) (Filed on 3/26/2018)
March 21, 2018	Filing 9 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/8/2018 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 6/1/2018.. Signed by Judge Maxine M. Chesney on 3/20/2018. (Attachments: #1 Standing Order of Judge Maxine M. Chesney, #2 Standing Order of All Judges)(tlS, COURT STAFF) (Filed on 3/21/2018)
March 15, 2018	Filing 8 ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 3/15/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 3/15/2018)
March 15, 2018	Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 3/15/2018)
March 14, 2018	Filing 6 DECLINATION to Proceed Before a US Magistrate Judge by Gabriela Bayol. (Krivoshey, Yeremey) (Filed on 3/14/2018) Modified on 3/15/2018 (jmlS, COURT STAFF).
March 7, 2018	Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/29/2018. Initial Case Management Conference set for 6/5/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 3/7/2018)
March 7, 2018	Filing 4 Summons Issued as to Health-Ade LLC, Whole Foods Market California, Inc. (jmlS, COURT STAFF) (Filed on 3/7/2018)
March 7, 2018	Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/21/2018. (jmlS, COURT STAFF) (Filed on 3/7/2018)
March 6, 2018	Filing 2 Proposed Summons. (Krivoshey, Yeremey) (Filed on 3/6/2018)
March 6, 2018	Filing 1 COMPLAINT with jury demand against Health-Ade LLC, Whole Foods Market California, Inc. ( Filing fee $ 400, receipt number 0971-12165520.). Filed by Gabriela Bayol. (Attachments: #1 Civil Cover Sheet)(Krivoshey, Yeremey) (Filed on 3/6/2018) Modified on 3/7/2018 (jmlS, COURT STAFF).

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Defendant: Whole Foods Market California, Inc.
Represented By:	Robert James Herrington
Represented By:	Benjamin Samuel Kurtz
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Defendant: Health-Ade LLC
Represented By:	Robert James Herrington
Represented By:	Benjamin Samuel Kurtz
Represented By:	Michael Slade Neighbors
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Plaintiff: Gabriela Bayol
Represented By:	L. Timothy Fisher
Represented By:	Yeremey O. Krivoshey
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Plaintiff: Bruce Verbeck
Represented By:	L. Timothy Fisher
Represented By:	Yeremey O. Krivoshey
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