Lockhart et al v. Beverage Marketing USA, INC. et al
| NICOLE LOCKHART, ALEXIS JADE HUNTER and BOBBI O'SULLIVAN |
| ARIZONA BEVERAGE COMPANY LLC, HORNELL BREWING CO., INC., ARIZONA BEVERAGES USA LLC, ARIZONA ICED TEA LLC and BEVERAGE MARKETING USA, INC. |
| 3:2019cv01711 |
| April 2, 2019 |
| US District Court for the Northern District of California |
| William H Orrick |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 STIPULATION to Continue CMC and #17 MOTION to Dismiss Schedule. Case Management Statement due by 9/4/2019. Case Management Conference reset for 9/11/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Deadlines reset as to #17 Motion to Dismiss. Response due by 7/31/2019. Reply due by 8/21/2019. Motion Hearing reset for 9/11/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 07/12/2019. (jmdS, COURT STAFF) (Filed on 7/12/2019)
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| Filing 27 STIPULATION WITH PROPOSED ORDER Continuing CMC and MTD Schedule filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/10/2019) |
| Filing 26 MOTION to Appoint Counsel (Interim Counsel) filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Attachments: #1 Declaration of Seth Safier, #2 Exhibit A, #3 Proposed Order)(Simplicio, Kristen) (Filed on 7/10/2019) |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Conference Report filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 7/9/2019) |
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Filing 24
Order by Judge William H. Orrick granting #23 Stipulation. Response due by 7/17/2019. Reply due by 8/7/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 6/25/2019)
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| Filing 23 STIPULATION WITH PROPOSED ORDER re Time to Respond to Defendants' Motions to Dimiss and Transfer Venue filed by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan. (Simplicio, Kristen) (Filed on 6/25/2019) |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Defendants Beverage Marketing USA, Inc., Hornell Brewing Co., Inc., Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC) (Lim, Derek) (Filed on 6/20/2019) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Plaintiffs Lockhart, O'Sullivan, and Hunter) (Simplicio, Kristen) (Filed on 6/20/2019) |
| Filing 20 NOTICE of Pendency of Other Action Involving Same Patent by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. (Lim, Derek) (Filed on 6/13/2019) |
| Filing 19 Certificate of Interested Entities by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc. identifying Corporate Parent Arizona Beverages USA LLC for Arizona Iced Tea LLC; Corporate Parent Hornell Brewing Co., Inc. for Arizona Beverage Company LLC; Corporate Parent Arizona Beverage Company LLC, Corporate Parent Arizona Iced Tea LLC for Arizona Beverages USA LLC; Corporate Parent Beverage Marketing USA, Inc. for Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 6/13/2019) |
| Filing 18 Request for Judicial Notice re #17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed byArizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Related document(s) #17 ) (Lim, Derek) (Filed on 6/13/2019) |
| Filing 17 MOTION to Dismiss COMPLAINT UNDER RULE 12(b)(6) OR, ALTERNATIVELY, TO TRANSFER VENUE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. Motion Hearing set for 8/21/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 6/27/2019. Replies due by 7/5/2019. (Attachments: #1 Declaration of Michael Kutner In Support of Defendants' Motion To Dismiss, #2 Declaration of Robert P. Donovan In Support of Defendants' Motion To Dismiss, #3 Proposed Order Granting Defendants' Motion to Dismiss)(Lim, Derek) (Filed on 6/13/2019) |
| Filing 16 CERTIFICATE OF SERVICE by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan (Case Management Conference Order) (Simplicio, Kristen) (Filed on 5/23/2019) |
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Filing 15
Order by Judge William H. Orrick granting #10 Motion for Pro Hac Vice by Robert P. Donovan. (jmdS, COURT STAFF) (Filed on 5/22/2019)
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Filing 14
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 7/16/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 7/9/2019. Signed by Judge William H. Orrick on 05/22/2019. (jmdS, COURT STAFF) (Filed on 5/22/2019)
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Filing 13
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 5/14/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 5/14/2019)
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| 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 5/13/2019) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc... (Lim, Derek) (Filed on 5/13/2019) |
| Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13337026.) filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 5/10/2019) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 5/22/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 5/8/2019) |
| Filing 8 STIPULATION to Extend Time for Defendants to Respond to Complaint filed by Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Lim, Derek) (Filed on 5/8/2019) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alexis Jade Hunter, Nicole Lockhart, Bobbi O'Sullivan.. (Safier, Seth) (Filed on 5/6/2019) |
| Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 5/6/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahmS, COURT STAFF) (Filed on 4/22/2019) |
| Filing 5 Summons Issued as to Arizona Beverage Company LLC, Arizona Beverages USA LLC, Arizona Iced Tea LLC, Beverage Marketing USA, Inc., Hornell Brewing Co., Inc.. (Attachments: #1 Hornell, #2 Arizona Beverage Co, #3 Arizona Beverage USA, #4 Arizona Iced Tea)(slhS, COURT STAFF) (Filed on 4/4/2019) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/4/2019. Initial Case Management Conference set for 7/11/2019 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 4/4/2019) |
| #Electronic filing error Re: #1 Complaint filed by Nicole Lockhart, Bobbi O'Sullivan, Alexis Jade Hunter. Parties added to action incorrectly. Counsel is reminded n ot to add parties in all caps. For future reference, please refer to https://cand.uscourts.gov/ecf/caseopening. See Guide to E-Filing New Civil Cases (Section III.c - Adding Parties). Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 4/4/2019) |
| Filing 3 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 4/17/2019. (ajsS, COURT STAFF) (Filed on 4/3/2019) |
| Filing 2 Proposed Summons. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(McCrary, Marie) (Filed on 4/2/2019) |
| Filing 1 COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 400, receipt number 0971-13225203.). Filed byNICOLE LOCKHART. (Attachments: #1 Exhibit Exhibit A to Class Action Complaint, #2 Exhibit Exhibit B to Class Action Complaint, #3 Civil Cover Sheet Civil Cover Sheet)(McCrary, Marie) (Filed on 4/2/2019) |
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