Beasley v. Lucky Stores, Inc. et al

Plaintiff: Mark Beasley
Defendant: Nestle USA, Inc., Save Mart Super Markets, The Save Mart Companies, Inc., The Kroger Company and Lucky Stores, Inc.
Case Number: 3:2018cv07144
Filed: November 26, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Maxine M Chesney
Referring Judge: Jacqueline Scott Corley
Nature of Suit: Other Fraud
Cause of Action: 28:1441
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2019 Filing 30 OPPOSITION/RESPONSE (re #28 MOTION to Remand ) filed byLucky Stores, Inc., Nestle USA, Inc., Save Mart Super Markets, The Kroger Company, The Save Mart Companies, Inc.. (Attachments: #1 Appendix A to Opposition, #2 Declaration of Daniel Nugent, #3 Declaration of Steve Gaines, #4 Proposed Order)(Giali, Dale) (Filed on 1/16/2019)
December 21, 2018 Filing 29 Request for Judicial Notice re #28 MOTION to Remand filed byMark Beasley. (Attachments: #1 Proposed Order Granting Request for Judicial Notice)(Related document(s) #28 ) (Weston, Gregory) (Filed on 12/21/2018)
December 21, 2018 Filing 28 MOTION to Remand filed by Mark Beasley. Motion Hearing set for 2/15/2019 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 1/16/2019. Replies due by 1/30/2019. (Attachments: #1 Proposed Order Granting Motion to Remand)(Weston, Gregory) (Filed on 12/21/2018)
December 21, 2018 Opinion or Order Filing 27 ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS AND DEFENDANT NESTLE USA, INC.'S MOTION TO STRIKE. Signed by Judge Maxine M. Chesney on December 21, 2018. (mmclc2, COURT STAFF) (Filed on 12/21/2018)
December 21, 2018 Filing 26 Case Reassigned to Judge Judge Maxine M. Chesney. Judge Judge Haywood S Gilliam, Jr 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 the Executive Committee on December 21, 2018. (cjlS, COURT STAFF) (Filed on 12/21/2018)
December 20, 2018 Opinion or Order Filing 25 RELATED CASE ORDER. Signed by Judge Maxine M. Chesney on 12/20/18. (mmcalc, COURT STAFF) (Filed on 12/20/2018)
December 19, 2018 Filing 24 FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants. Filed by Mark Beasley. (Weston, Gregory) (Filed on 12/19/2018) Modified on 12/19/2018 (cjlS, COURT STAFF).
December 18, 2018 Opinion or Order Filing 23 ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Stipulation 1. Extending Time To Respond To First Amended Complaint; and 2. Setting Briefing Schedule On Anticipated Motion To Reman. Responses due by 1/16/2019 and Replies due by 1/30/2019. (ndrS, COURT STAFF) (Filed on 12/18/2018)
December 17, 2018 Filing 22 STIPULATION WITH PROPOSED ORDER 1. Extending Time To Respond To First Amended Complaint; and 2. Setting Briefing Schedule On Anticipated Motion To Remand Nestle USA, Inc., Save Mart Super Markets, The Kroger Company, and Mark Beasley (Attachments: #1 Declaration of Dale J. Giali)(Giali, Dale) (Filed on 12/17/2018) Modified on 12/18/2018 (jjbS, COURT STAFF).
December 17, 2018 #Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:18-cv-07144-HSG. Re: #21 Opposition/Response to Motion, filed by Mark Beasley (jjbS, COURT STAFF) (Filed on 12/17/2018)
December 14, 2018 Filing 21 OPPOSITION/RESPONSE (re #14 MOTION to Dismiss , #16 MOTION to Strike Portions of Complaint ) and Notice of Election to Amend filed by Mark Beasley. (Weston, Gregory) (Filed on 12/14/2018) Modified on 12/17/2018 (jjbS, COURT STAFF).
December 12, 2018 Filing 20 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byNestle USA, Inc., Save Mart Super Markets, The Kroger Company. (Attachments: #1 Exhibit 1)(Related document(s) #14 ) (Giali, Dale) (Filed on 12/12/2018)
December 3, 2018 #Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:18-cv-07144-HSG. Re : #14 MOTION to Dismiss filed by Nestle USA, Inc., Save Mart Super Markets, The Kroger Company, The Save Mart Companies, Inc., Lucky Stores, Inc. (jjbS, COURT STAFF) (Filed on 12/3/2018)
December 3, 2018 Filing 19 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for March 5, 2019, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by February 26, 2019. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:18-cv-07144-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/3/2018)
November 30, 2018 Filing 18 Certificate of Interested Entities by The Kroger Company (Giali, Dale) (Filed on 11/30/2018)
November 30, 2018 Filing 17 Certificate of Interested Entities by Lucky Stores, Inc., Save Mart Super Markets, The Save Mart Companies, Inc. identifying Corporate Parent Save Mart Supermarkets, Other Affiliate Lucky Stores, Inc. for Lucky Stores, Inc.; Other Affiliate Lucky Stores, Inc. for Save Mart Super Markets, The Save Mart Companies, Inc.. (Giali, Dale) (Filed on 11/30/2018)
November 30, 2018 Filing 16 MOTION to Strike Portions of Complaint filed by Nestle USA, Inc.. Motion Hearing set for 3/14/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/14/2018. Replies due by 12/21/2018. (Attachments: #1 Proposed Order)(Giali, Dale) (Filed on 11/30/2018)
November 30, 2018 Filing 15 Request for Judicial Notice re #14 MOTION to Dismiss filed byLucky Stores, Inc., Nestle USA, Inc., Save Mart Super Markets, The Kroger Company, The Save Mart Companies, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #14 ) (Giali, Dale) (Filed on 11/30/2018)
November 30, 2018 Filing 14 MOTION to Dismiss filed by Lucky Stores, Inc., Nestle USA, Inc., Save Mart Super Markets, The Kroger Company, The Save Mart Companies, Inc.. Motion Hearing set for 3/14/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 12/14/2018. Replies due by 12/21/2018. (Attachments: #1 Declaration of Rena Kashmere, #2 Exhibit 1 to Kashmere Declaration, #3 Exhibit 2 to Kashmere Declaration, #4 Proposed Order)(Giali, Dale) (Filed on 11/30/2018)
November 30, 2018 Opinion or Order Filing 13 ORDER, Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case.. Signed by Executive Committee on 11/30/18. (haS, COURT STAFF) (Filed on 11/30/2018)
November 29, 2018 Filing 12 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. (ahm, COURT STAFF) (Filed on 11/29/2018)
November 29, 2018 Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/21/2019. Initial Case Management Conference set for 2/28/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 11/29/2018)
November 27, 2018 Filing 10 Certificate of Interested Entities by Mark Beasley (Weston, Gregory) (Filed on 11/27/2018)
November 27, 2018 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mark Beasley.. (Weston, Gregory) (Filed on 11/27/2018)
November 27, 2018 Filing 8 NOTICE of Appearance by Andrew Christopher Hamilton (Hamilton, Andrew) (Filed on 11/27/2018)
November 27, 2018 Filing 7 NOTICE of Appearance by Gregory Weston (Weston, Gregory) (Filed on 11/27/2018)
November 26, 2018 Filing 6 CERTIFICATE OF SERVICE by Nestle USA, Inc. re 2 Case Assigned by Intake,,, (Giali, Dale) (Filed on 11/26/2018)
November 26, 2018 Filing 5 Certificate of Interested Entities by Nestle USA, Inc. identifying Corporate Parent Nestle S.A., Corporate Parent Nestle Holdings, Inc., Corporate Parent NIMCO US, Inc. for Nestle USA, Inc.. (Giali, Dale) (Filed on 11/26/2018)
November 26, 2018 Filing 4 Civil Cover Sheet by Nestle USA, Inc. re: #1 Notice of Removal. (Attachments: #1 Certificate/Proof of Service)(Giali, Dale) (Filed on 11/26/2018)
November 26, 2018 Filing 3 NOTICE of Appearance by Keri Elizabeth Borders (Borders, Keri) (Filed on 11/26/2018)
November 26, 2018 #Electronic filing error. Case has been randomly assigned to Judge, however incorrect Civil Cover Sheet used when filing initial documents of (JS-CAND 44 (Rev 08/18). Please compl ete current Civil Cover Sheet of JS-CAND-44 (Rev. 06/17) and re-file as separate docket entry re: #1 Notice of Removal, filed by Nestle USA, Inc. (bwS, COURT STAFF) (Filed on 11/26/2018)
November 26, 2018 Filing 2 Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 12/10/2018. (bwS, COURT STAFF) (Filed on 11/26/2018)
November 26, 2018 Filing 1 NOTICE OF REMOVAL from Superior Court for County of San Francisco. Their case number is CGC-18-570953. (Filing fee $400 receipt number 0971-12872248). Filed byNestle USA, Inc.. (Attachments: #1 Declaration of Dale J. Giali, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Civil Cover Sheet, #9 Certificate/Proof of Service)(Giali, Dale) (Filed on 11/26/2018)

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Search for this case: Beasley v. Lucky Stores, Inc. et al
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Defendant: Nestle USA, Inc.
Represented By: Keri Elizabeth Borders
Represented By: Dale Joseph Giali
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Defendant: Save Mart Super Markets
Represented By: Dale Joseph Giali
Represented By: Keri Elizabeth Borders
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Defendant: The Save Mart Companies, Inc.
Represented By: Dale Joseph Giali
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Defendant: The Kroger Company
Represented By: Dale Joseph Giali
Represented By: Keri Elizabeth Borders
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Defendant: Lucky Stores, Inc.
Represented By: Dale Joseph Giali
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Plaintiff: Mark Beasley
Represented By: Gregory Weston
Represented By: Andrew Christopher Hamilton
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