Troyer v. The Yerba Mate Co., LLP et al
| Casey Troyer |
| The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc. |
| 3:2020cv06065 |
| August 28, 2020 |
| US District Court for the Northern District of California |
| William Alsup |
| Donna M Ryu |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on December 6, 2022. A more recent docket listing may be available from PACER.
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Filing 139
ORDER DENYING #138 APPLICATION FOR DISTRIBUTION OF REMAINING ATTORNEY'S FEES. Signed by Judge Alsup. (whalc5, COURT STAFF) (Filed on 12/6/2022) Modified on 12/6/2022 (afm, COURT STAFF).
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Filing 138
ADMINISTRATIVE MOTION Approval of Distribution of Remaining Attorneys' Fees filed by Casey Troyer. Responses due by 12/12/2022. (Attachments: #1 Declaration of Jodey Lawrence on Behalf of Settlement Administrator with Respect to Disbursement of Settlement Funds, #2 [Proposed] Order Approving Distribution of Remaining Attorneys' Fees)(Yoon, Kenneth) (Filed on 12/6/2022)
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Filing 137
JUDGMENT. Signed by Judge William Alsup on 7/11/2022. (afm, COURT STAFF) (Filed on 7/11/2022)
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Filing 136
ORDER GRANTING #132 PLAINTIFF'S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge William Alsup on 7/11/2022. (afm, COURT STAFF) (Filed on 7/11/2022)
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Filing 135
Proposed Order Granting Plaintiff's Motion for Final Approval of Class Action Settlement by Casey Troyer. (Attachments: #1 Proposed Judgment)(Yoon, Kenneth) (Filed on 7/8/2022)
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Filing 134
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 7/7/2022 re #132 MOTION for Settlement for Final Approval of Class Action filed by Casey Troyer. Settlement approved as stated on the record. Parties are to submit a joint proposed order and judgment as specifically stated on the record by Tuesday, July 12, 2022, at 12:00 noon. Court cautioned parties on overreaching. Total Time in Court: 27 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorneys: Kenneth Yoon, Mark Webb. Defendant Attorney: Kelly Hagemann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 7/7/2022)
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Filing 133
NOTICE RE FINAL FAIRNESS HEARING. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 7/6/2022).
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Filing 132
MOTION for Settlement for Final Approval of Class Action filed by Casey Troyer. Motion Hearing set for 7/7/2022 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 6/16/2022. Replies due by 6/23/2022. (Attachments: #1 Declaration of Kenneth H. Yoon In Support of Plaintiff's Motion for Final Approval of Class Action Settlement, #2 Declaration of Jodey Lawrence on Behalf of Settlement Administrator with Respect to Opt Outs and Objections Received, #3 Proposed Order Granting Plaintiff's Motion for Final Approval of Class Action Settlement, #4 Proposed Judgment)(Yoon, Kenneth) (Filed on 6/2/2022)
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Set Deadlines/Hearings: Fairness Hearing set for 7/7/2022 08:00 AM re: #131 Order. (afm, COURT STAFF) (Filed on 6/1/2022)
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Filing 131
ORDER RESCHEDULING FAIRNESS HEARING. Signed by William Alsup. (whalc5, COURT STAFF) (Filed on 5/31/2022)
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Filing 130
Supplemental Declaration of Kenneth H. Yoon in Support of Plaintiff's Motion for Attorneys' Fees and Costs, Award of Class Representative's Enhancement Payment, and Settlement Administration Costs filed by Casey Troyer. (Yoon, Kenneth) (Filed on 4/20/2022)
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Set Deadlines/Hearings: Fairness Hearing set for 6/23/2022 11:00 AM. (afm, COURT STAFF) (Filed on 2/13/2022)
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Filing 129
ORDER RE #128 Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 2/9/2022)
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Filing 128
Statement Joint Statement by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Hagemann, Kelly) (Filed on 2/9/2022)
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Filing 127
Minute Entry for proceedings held before Judge William Alsup: Show Cause Hearing held on 2/7/2022. Parties are ordered to meet and confer and file joint statement no later than Wednesday, 2/9/2022, at 12:00pm noon, as more thoroughly stated on the record. Total Time in Court: 9:03-9:30 = 27 Minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Kenneth Yoon. Defendant Attorneys: Kelly Hagemann, Mona Hanna. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 2/7/2022)
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Set Deadlines/Hearings: Order to Show Cause Hearing set for 2/7/2022 09:00 AM. (afm, COURT STAFF) (Filed on 2/5/2022)
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Filing 126
CLERKS NOTICE SETTING TELEPHONIC HEARING. HEARING RE 125 ORDER TO SHOW CAUSE set for 2/7/2022 at 9:00 AM. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 3707514PARTIES ARE TO CHECK IN WITH THE COURTROOM DEPUTY 10 MINUTES PRIOR TO START OF HEARING. Mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (whalc5, COURT STAFF) (Filed on 2/4/2022)
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Filing 125
ORDER TO SHOW CAUSE WHY PRELIMINARY APPROVAL SHOULD NOT BE VACATED IN LIGHT OF DEFENDANT'S ATTEMPT TO DILUTE THE CLASS MEMBERS' RECOVERIES. (This is a text-only entry generated by the court. There is no document associated with this entry.) (whalc5, COURT STAFF) (Filed on 2/4/2022)
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Filing 124
Response to Order to Show Cause re Plan for New Notice Distribution byCasey Troyer. (Yoon, Kenneth) (Filed on 2/4/2022)
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Filing 123
RESPONSE TO ORDER TO SHOW CAUSE by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP re Plan for New Notice Distribution. (Hagemann, Kelly) (Filed on 2/4/2022)
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Filing 122
MOTION for Attorney Fees and Costs, Award of Class Representative's Enhancement Payment, and Settlement Administration Costs filed by Casey Troyer. Motion Hearing set for 4/14/2022 11:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 2/17/2022. Replies due by 2/24/2022. (Attachments: #1 Declaration of Kenneth H. Yoon In Support of Plaintiff's Motion, #2 Declaration of Mark L. Webb In Support of Plaintiff's Motion, #3 Declaration of Casey Troyer In Support of Plaintiff's Motion)(Yoon, Kenneth) (Filed on 2/3/2022)
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Filing 121
In their filings due Friday re #119 and #120 , the parties shall also please address the following question: Why shouldn't defendant pay more to offset the reduction in recovery per class member caused by the discovery of additional class members? (This is a text-only entry generated by the court. There is no document associated with this entry.) (whalc5, COURT STAFF) (Filed on 2/1/2022)
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Filing 120
ORDER RE #119 , ORDER TO SHOW CAUSE RE PLAN FOR NEW NOTICE DISTRIBUTION Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 1/31/2022)
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Filing 119
STATUS REPORT Defendants' Submission to the Court regarding Class Action Settlement by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Attachments: #1 Declaration of Jeanette Mosley, #2 Declaration of Joanne Crossland, #3 Declaration of Kelly Hagemann, #4 Proposed Order)(Hagemann, Kelly) (Filed on 1/31/2022)
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Filing 118
ORDER GRANTING #112 , MODIFIED AS STATED ON THE RECORD, PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 11/12/2021)
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Filing 117
Proposed Order of Preliminary Approval of Class Action Settlement by Casey Troyer. (Yoon, Kenneth) (Filed on 11/11/2021)
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Filing 116
NOTICE by Casey Troyer of Withdrawal of Counsel Brian G. Lee (Lee, Brian) (Filed on 11/10/2021)
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Filing 115
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held by AT&T Teleconference on 11/10/2021 re #112 MOTION for Settlement.The Court granted preliminary approval for plan of distribution of settlement and notice with changes.Final Approval Hearing: 4/14/2022 at 11:00 amFinal Approval Motion filed by: 3/24/2022Objections by Class members due: 3/10/2022Motion for Attorneys fees filed by: 2/3/2022Counsel to submit an order re summary statement of approval and timelines discussed at the hearing.The Court vacated all other dates. Total Time in Court: 25 minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Kenneth Yoon. Defendant Attorney: Mona Hanna, Kelly Hagemann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 11/10/2021) Modified on 11/10/2021 (cl, COURT STAFF).
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AS STATED ON THE RECORD AT THE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, ALL CASE MANAGEMENT DEADLINES ARE VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (whalc5, COURT STAFF) (Filed on 11/10/2021)
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Filing 114
CLERK'S NOTICE ADVANCING HEARING: Motion for Settlement #112 Hearing ADVANCED TO 11/10/2021 at 08:00 AM - Telephonic Only before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ec, COURT STAFF) (Filed on 11/9/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 113
ORDER ADVANCING HEARING ON PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 11/9/2021)
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Filing 112
MOTION for Settlement filed by Casey Troyer. Motion Hearing set for 12/16/2021 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 11/22/2021. Replies due by 11/29/2021. (Attachments: #1 Declaration of Kenneth H. Yoon, #2 Proposed Order of Preliminary Approval of Class Action Settlement)(Yoon, Kenneth) (Filed on 11/8/2021)
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Filing 111
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 11/8/2021 by Zoom. Results: Parties reached final settlement terms for class settlement. Class counsel plans to immediately file a motion for preliminary approval.Liberty Recording Time: Not Recorded For Class: Kenneth Yoon and Casey Wyatt (Troyer)For Defendants: Mona Hanna; Kelly Hagemann; Navine Karim and Robyn Rutledge (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 11/8/2021)
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Filing 110
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Telephonic Pre-Settlement Conference held on 11/3/2021.Total Time: 25 minutes. Plaintiff Attorney: Kenneth Yoon. Defendant Attorney: Mona Hanna, Kelly Hagemann. (amg, COURT STAFF) (Date Filed: 11/3/2021)
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Filing 109
CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a further settlement planning call. Judge Ryu anticipates that the phone call will last approximately 20 minutes. The conference call shall take place on 11/3/2021 11:00 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 10/28/2021)
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Filing 108
ORDER DENYING #107 , INSTEAD GRANTING LIMITED EXTENSION OF TIME Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 10/28/2021)
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Filing 107
STIPULATION WITH PROPOSED ORDER to Continue Expert Disclosure and Non-Expert Discovery Deadlines filed by Casey Troyer. (Attachments: #1 Proposed Order)(Yoon, Kenneth) (Filed on 10/27/2021)
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Filing 106
Transcript of AT&T Teleconference Proceedings held on 9-23-2021, before Judge William H. Alsup. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: Debra_Pas@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/Transcriber 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 #100 Transcript Order ) Release of Transcript Restriction set for 1/1/2022. (Related documents(s) #100 ) (Pas, Debra) (Filed on 10/3/2021)
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Filing 105
ORDER GRANTING #104 STIPULATION TO CONTINUE DISCOVERY DEADLINES Signed by Judge William Alsup. (whalc5S, COURT STAFF) (Filed on 10/1/2021)
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Filing 104
STIPULATION WITH PROPOSED ORDER to Continue Expert Disclosure and Non-Expert Discovery Deadlines filed by Casey Troyer. (Attachments: #1 Proposed Order Continuing Expert Disclosure and Non-Expert Discovery Deadlines)(Yoon, Kenneth) (Filed on 10/1/2021)
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Filing 103
ORDER GRANTING #102 STIPULATION FOR PERMISSION TO ENGAGE PRIVATE MEDIATOR Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 9/28/2021)
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Filing 102
STIPULATION WITH PROPOSED ORDER Granting Stipulation filed by Casey Troyer. (Attachments: #1 Proposed Order Granting Stipulation for Permission to Engage a Private Mediator in Advance of November 8, 2021 Settlement Conference)(Yoon, Kenneth) (Filed on 9/28/2021)
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Filing 101
ORDER MEMORIALIZING BENCH RULING AT DISCOVERY HEARING, GRANTING IN PART AND DENYING IN PART #88 AND #94 Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 9/23/2021)
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Filing 100
TRANSCRIPT ORDER for proceedings held on September 23, 2021 before Judge William Alsup by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP, for Court Reporter Debra Pas. (Hagemann, Kelly) (Filed on 9/23/2021)
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Filing 99
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 9/23/2021 re #88 Joint Discovery Letter Brief and #94 Discovery Letter Brief re Request for Admissions. Discussion held; Court will issue an order. Total Time in Court: 28 minutes. Court Reporter: Debra Pas. Plaintiff Attorney: Stephanie Yasuda. Defendant Attorney: Kelly McMahon Hagemann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmiS, COURT STAFF) (Date Filed: 9/23/2021)
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Filing 98
NOTICE of Appearance by Jeff Tchakarov (Attorney for Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.) (Tchakarov, Jeff) (Filed on 9/22/2021)
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Filing 97
ORDER GRANTING #96 ADMINISTRATIVE MOTION TO WITHDRAW AS COUNSEL Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 9/21/2021)
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Filing 96
ADMINISTRATIVE MOTION Withdraw as Counsel filed by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. Responses due by 9/20/2021. (Attachments: #1 Proposed Order)(Lyman, Daniel) (Filed on 9/16/2021)
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Filing 95
CLERK'S NOTICE SCHEDULING DISCOVERY MOTIONS HEARING FOR SEPTEMBER 23, 2021 AT 8:00 A.M. - TO BE HELD BY AT&T TELECONFERENCE. As to #94 Discovery Letter Brief re Request for Admissions, #88 Joint Discovery Letter Brief.,. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Motion Hearing set for 9/23/2021 08:00 AM in San Francisco, - Telephonic Only before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.), (tlS, COURT STAFF) (Filed on 9/16/2021)
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Filing 94
Discovery Letter Brief re Request for Admissions filed by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Hagemann, Kelly) (Filed on 9/16/2021)
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Filing 93
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 11/8/2021 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 9/15/2021. (ig, COURT STAFF) (Filed on 9/15/2021)
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Filing 92
CLERK'S NOTICE: The parties filed a joint discovery letter directed to Judge Ryu, who is not the discovery judge in this case and will not be considering the parties' submission #88 . Any discovery disputes should be handled in compliance with Judge Alsup's rules and orders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF)
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Filing 91
TRANSCRIPT ORDER for proceedings held on August 18, 2021 before Judge William Alsup by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP, for Court Reporter Marla Knox. (Hagemann, Kelly) (Filed on 9/10/2021)
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Filing 90
Transcript of Telephonic Proceedings held on August 18, 2021, before Judge William H. Alsup. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@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/Transcriber 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 #87 Transcript Order ) Release of Transcript Restriction set for 12/8/2021. (Related documents(s) #87 ) (mfk, COURT STAFF) (Filed on 9/9/2021)
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Filing 89
ORDER SETTING NEW DEADLINES Signed by Judge William Alsup. (whalc5S, COURT STAFF) (Filed on 9/8/2021)
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Filing 88
Joint Discovery Letter Brief filed by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Hanna, Mona) (Filed on 9/8/2021)
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Filing 87
TRANSCRIPT ORDER for proceedings held on 08/18/2021 before Judge William Alsup by Casey Troyer, for Court Reporter Marla Knox. (Yoon, Kenneth) (Filed on 8/25/2021)
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Filing 86
ORDER APPROVING #69 JOINT PROPOSED CLASS NOTICE AND PLAN OF DISTRIBUTION, AS MODIFIED Signed by Judge William Alsup. (whalc5S, COURT STAFF) (Filed on 8/19/2021)
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Filing 85
Minute Entry for proceedings held before Judge William Alsup: Further Case Management Conference held on 8/18/2021. Court orders parties to meet and confer to resolve their discovery issue tomorrow August 19, 2021 and Friday, August 20, 2021. If the parties are unable to resolve their issues then plaintiff may file a formal motion.Total Time in Court: 13 Minutes. Court Reporter: Marla Knox. Plaintiff Attorney: Kenneth Yoon/Stephanie Yasuda. Defendant Attorney: Kelly Hagemann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrcS, COURT STAFF) (Date Filed: 8/18/2021)
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Filing 84
ORDER GRANTING #74 MOTION TO AMEND CLASS CERTIFICATION ORDER AND VACATING HEARING ON MOTION Signed by Judge William Alsup. (whalc5S, COURT STAFF) (Filed on 8/18/2021)
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Filing 83
Statement of Non-Opposition re #74 MOTION to Certify Class /Modify Class Definition filed byGuayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Related document(s) #74 ) (Hagemann, Kelly) (Filed on 8/11/2021)
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Filing 82
JOINT CASE MANAGEMENT STATEMENT filed by Casey Troyer. (Yasuda, Stephanie) (Filed on 8/11/2021)
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Filing 81
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further settlement planning call held on 8/11/2021. Results: The parties are attempting to work through a discovery dispute relating to data that is important to settlement. The parties are invited to contact Judge Ryu at DMRsettlement@cand.uscourts.gov for further assistance.FTR Time: Not RecordedFor Plaintiff Class: Kenneth YoonFor Defendants: Kelly Hagemann (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 8/11/2021)
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Filing 80
NOTICE of Appearance by Kelly McMahon Hagemann (Hagemann, Kelly) (Filed on 8/10/2021)
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Filing 79
CLERK'S NOTICE ADVANCING HEARING AND SETTING TELEPHONIC HEARING. The Further Case Management Conference set for 8/19/2021 is advanced to 8/18/2021 at 11:00 AM. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 8/5/2021)
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Filing 78
NOTICE of Appearance by Sanford Louis Michelman (Attorney for Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.) (Michelman, Sanford) (Filed on 8/4/2021)
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Filing 77
NOTICE of Appearance by Shaina Kinsberg (Attorney for Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.) (Kinsberg, Shaina) (Filed on 8/4/2021)
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Filing 76
NOTICE of Appearance by Mona Z Hanna (Attorney for Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.) (Hanna, Mona) (Filed on 8/4/2021)
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Filing 75
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement planning call held on 7/28/2021. Results: The court will convene a further settlement planning call on 8/11/2021 09:30 AM in Oakland, - Telephonic Only. Counsel will receive call-in credentials by email.FTR Time: Not Recorded For Plaintiff: Kenneth Yoon For Defendants: Daniel Lyman (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 7/28/2021)
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Filing 74
MOTION to Certify Class /Modify Class Definition filed by Casey Troyer. Motion Hearing set for 9/2/2021 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 8/11/2021. Replies due by 8/18/2021. (Attachments: #1 [Prop] Order Granting Motion)(Yasuda, Stephanie) (Filed on 7/28/2021)
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Filing 73
ORDER by Judge William Alsup granting as-modified #71 Stipulation. Further Case Management Conference set for 8/19/2021 at 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (amd2S, COURT STAFF) (Filed on 7/16/2021)
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Filing 72
ORDER DENYING #70 EX PARTE APPLICATION AND REQUESTING PLAINTIFF TO FILE FORMAL MOTION Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 7/15/2021)
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Filing 71
STIPULATION WITH PROPOSED ORDER to Continue Expert Disclosure Deadlines and Trial filed by Casey Troyer. (Attachments: #1 Declaration of Kenneth H. Yoon in Support of Stipulation to Continue Expert Disclosure Deadlines and Trial, #2 Declaration of Stephanie E. Yasuda in Support of Stipulation to Continue Expert Disclosure Deadlines and Trial, #3 Declaration of William W. Roberts in Support of Stipulation to Continue Expert Disclosure Deadlines and Trial, #4 Declaration of Brian Kriegler, Ph.D. in Support of Stipulation to Continue Expert Disclosure Deadlines and Trial, #5 Proposed Order Granting Stipulation to Continue Expert Disclosure Deadlines and Trial)(Yoon, Kenneth) (Filed on 7/15/2021)
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Filing 70
Ex Parte Application to Correct Class Certification Order filed by Casey Troyer. (Attachments: #1 Declaration of Kenneth H. Yoon in Support of Plaintiff Casey Troyer's Ex Parte Application to Correct Class Certification Order, #2 Declaration of Brian Kriegler, Ph. D. In Support of Ex Parte Application, #3 Declaration of WIlliam W. Roberts, Ph.D. In Support of Ex Parte Application, #4 Proposed Order)(Yasuda, Stephanie) (Filed on 7/15/2021)
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Filing 69
NOTICE by Casey Troyer Joint Proposed Class Notice and Plan of Distribution (Attachments: #1 Exhibit A, #2 [Proposed] Order Granting Joint Proposed Class Notice and Plan of Distribution)(Yoon, Kenneth) (Filed on 7/13/2021)
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Filing 68
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement conference held on 7/6/2021 via Zoom. Results: Matter did not settle. Judge Ryu will convene a status conference call on 7/28/2021 05:00 PM. Counsel will receive call-in credentials by email.FTR Time: Not Recorded For Class: Kenneth Yoon; Stephanie Yasuda; Mark Webb; and Casey Troyer For Defendants: Daniel Lyman; David Cheng and Jason Knox (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 7/6/2021)
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Filing 67
ORDER GRANTING IN PART, DENYING IN PART, MOTION TO CERTIFY CLASS #49 Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 6/29/2021)
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Filing 66
NOTICE by Casey Troyer re #65 Notice (Other), Certificate of Service of Manual Filing (Attachments: #1 Certificate of Service to Exhibit 27)(Yasuda, Stephanie) (Filed on 6/23/2021)
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Filing 65
NOTICE by Casey Troyer re #64 Exhibits, to the Transcript of the Deposition of Kimberly O'Neil (Attachments: #1 Exhibit 21, #2 Exhibit 23, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28, #7 Exhibit 30)(Yasuda, Stephanie) (Filed on 6/23/2021)
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Filing 64
EXHIBITS re #63 Order, #49 MOTION to Certify Class Notice of Submission of Full Transcript of the Deposition of KImberly O'Neill in Support of Motion for Class Certification filed byCasey Troyer. (Attachments: #1 Exhibit A - Deposition Transcript of Witness O'Neil)(Related document(s) #63 , #49 ) (Yasuda, Stephanie) (Filed on 6/23/2021)
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Filing 63
ORDER REQUESTING PLAINTIFF TO FILE THE COMPLETE TRANSCRIPT OF THE DEPOSITION OF KIMBERLY O'NEIL Signed by Judge William Alsup (whalc5, COURT STAFF) (Filed on 6/23/2021)
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Filing 62
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further planning call held on 6/16/2021 in advance of 7/6/2021 zoom settlement conference. FTR Time: Not Recorded For Plaintiff: Kenneth Yoon and Stephanie Yasuda For Defendants: Daniel Lyman (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Date Filed: 6/16/2021)
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Filing 61
CLERK'S NOTICE. Judge Ryu apologizes to counsel for her scheduling error regarding the 6/14/21 planning call. A further planning call will take place on 6/16/21 at 9:30 a.m. The conference line is 888-684-8852; access code: 2071514. Given the short notice, if counsel cannot participate in the call, please immediately email Judge Ryu at DMRsettlement@cand.uscourts.gov, and copy opposing counsel on the email. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 6/15/2021)
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Set Hearing, See Docket No. 61 : Further Pre-Settlement Conference Planning Call set for 6/16/2021 09:30 AM in Oakland, - Telephonic Only. (ndrS, COURT STAFF) (Filed on 6/15/2021)
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Filing 60
ORDER GRANTING #59 STIPULATION TO CONTINUE PRETRIAL DEADLINES Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 6/14/2021)
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Filing 59
STIPULATION WITH PROPOSED ORDER to Continue Pretrial Deadlines filed by Casey Troyer. (Attachments: #1 Proposed Order Granting Stipulation to Continue Pretrial Deadlines)(Yoon, Kenneth) (Filed on 6/7/2021)
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Filing 58
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Pre-Settlement Conference Planning Call held on 6/3/2021: Further planning call held in advance of 7/6/21 Zoom settlement conference. Judge Ryu will convene a contingency planning call on 6/14/21 at 9:00 a.m., but only if the order on the motion for class certification has not been issued by that date. If the call goes forward, please use the same conference call credentials that were used for todays call. Plaintiff will provide a written demand by 6/25/21, with a copy to Judge Ryu (DMRsettlement@cand.uscourts.gov). The parties were granted leave to submit their settlement briefs and confidential letters by 6/29/21. Further Pre-Settlement Conference Planning Call set for 6/14/2021 09:00 AM in Oakland, - Telephonic Only.FTR Time: Not Recorded. Plaintiff Attorney: Kenneth Yoon / Stephanie Yasuda. Defendant Attorney: Daniel Lyman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jjoS, COURT STAFF) (Date Filed: 6/3/2021)
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Filing 57
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 5/20/2021 by AT&T Conference line re #49 MOTION to Certify Class. The Court heard oral arguments and took the motion under submission.FTR Time: 08:35 - 09:29. Plaintiff Attorney: Ken Yoon / Stephanie Yasuda / Mark Webb. Defendant Attorney: Dan Lyman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 5/20/2021)
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Filing 56
CLERK'S NOTICE SETTING TELEPHONIC HEARING. The Motion Hearing as to #49 MOTION to Certify Class, set for 5/20/2021 at 08:00 AM before Judge William Alsup, will occur telephonically. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) #49 ) (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 5/19/2021)
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Filing 55
ORDER DENYING #50 ADMINISTRATIVE MOTION TO FILE UNDER SEAL Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 5/12/2021)
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Filing 54
ASSOCIATION of Counsel of Mark Webb by Casey Troyer. (Webb, Mark) (Filed on 5/10/2021)
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Filing 53
REPLY (re #49 MOTION to Certify Class ) in Support of Motion for Class Certification filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 4/22/2021)
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Filing 52
OPPOSITION/RESPONSE (re #49 MOTION to Certify Class ) DEFENDANTS THE YERBA MATE CO., LLC AND GUAYAKI SUSTAINABLE RAINFOREST PRODUCTS, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed byGuayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Attachments: #1 Exhibit Defendants Index of Exhibits iso Opposition to Plaintiff's Motion for Class Certification, #2 Exhibit Defendants' Evidence iso Opposition to Plaintiff's Motion for Class Certification - Exhs A - II)(Lyman, Daniel) (Filed on 4/15/2021)
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Filing 51
NOTICE by Casey Troyer re #50 Administrative Motion to File Under Seal , #49 MOTION to Certify Class (Attachments: #1 Certificate of Service to Exhibit DD, #2 Certificate of Service of Exhibit AA, #3 Certificate of Service of Exhibit S)(Yasuda, Stephanie) (Filed on 4/1/2021)
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Filing 50
Administrative Motion to File Under Seal filed by Casey Troyer. (Attachments: #1 Declaration of Stephanie E. Yasuda in Support of Plaintiff Casey Troyer's Application to File Under Seal Certain Documents, #2 [Prop] Order Granting Plaintiff Casey Troyer's Application to File Under Seal Certain Documents in Support of Motion for Class Certification, #3 Redacted Version of Exhibit S, #4 Redacted Version of Exhibit DD, #5 Redacted Version of Exhibit EE, #6 Unredacted Version of Exhibit S, #7 Unredacted Version of Exhibit DD, #8 Unredacted Version of Exhibit EE)(Yasuda, Stephanie) (Filed on 4/1/2021)
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Filing 49
MOTION to Certify Class filed by Casey Troyer. Motion Hearing set for 5/20/2021 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 4/15/2021. Replies due by 4/22/2021. (Attachments: #1 Declaration of Kenneth H. Yoon in Support of Plaintiff Casey Troyer's Motion for Class Certification, #2 Declaration of Mark L. Webb In Support of Plaintiff Casey Troyer's Motion for Class Certification, #3 Plaintiff's Compendium of Evidence in Support of Motion for Class Certification ( Ex. A - Ex. EE), #4 [Proposed] Order Granting Plaintiff Casey Troyer's Motion for Class Certification)(Yasuda, Stephanie) (Filed on 4/1/2021)
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Filing 48
ORDER APPROVING #43 STIPULATED PROTOCOL FOR INTERVIEWING PUTATIVE CLASS MEMBERS Signed by William Alsup (whalc5, COURT STAFF) (Filed on 3/3/2021)
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Filing 47
Answer to Amended Complaint DEFENDANTS THE YERBA MATE CO., LLC AND GUAYAKI SUSTAINABLE RAINFORST PRODUCTS, INC.'S ANSWER TO PLAINTIFF'S THIRD AMENDED COMPLAINT byGuayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Lyman, Daniel) (Filed on 3/3/2021)
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Filing 46
AMENDED COMPLAINT Third Amended Class Action Complaint for Damages against All Defendants. Filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 2/17/2021)
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Filing 45
Order GRANTING #35 LEAVE TO FILE AMENDED COMPLAINT Signed by Judge William Alsup. (whalc5, COURT STAFF) (Filed on 2/13/2021)
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Filing 44
Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 2/9/2021 by AT&T Conference line re #35 MOTION for Leave to File Third Amended Class Action Complaint. The Court heard oral arguments and took the motion under submission. Total Time in Court: 21 minutes. Court Reporter: JoAnn Bryce. Plaintiff Attorney: Ken Yoon / Stephanie Yasuda. Defendant Attorney: Dan Lyman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 2/9/2021)
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Filing 43
STIPULATION Re: Protocol for Interviewing Putative Class Members filed by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Lyman, Daniel) (Filed on 2/8/2021)
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Filing 42
ORDER APPROVING #41 PARTIES' STIPULATED PROTECTIVE ORDER SUBJECT TO THE COURT'S CONDITIONS Signed by Judge William Alsup.(whalc4, COURT STAFF) (Filed on 2/5/2021)
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Filing 41
STIPULATION WITH PROPOSED ORDER STIPULATED PROTECTIVE ORDER filed by Guayaki Sustainable Rainforest Products, Inc., The Yerba Mate Co., LLP. (Lyman, Daniel) (Filed on 2/4/2021)
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Filing 40
CLERK'S NOTICE SETTING MOTION HEARING. The Motion Hearing noticed for 1/28/2021 as to #35 MOTION for Leave to File Third Amended Class Action Complaint is set for 2/9/2021 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) #35 ) (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 1/28/2021)
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Filing 39
OPPOSITION/RESPONSE (re #35 MOTION for Leave to File Third Amended Class Action Complaint ) Plaintiff Casey Troyer's Reply in Support of Motion for Leave to File Third Amended Class Action Complaint filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 1/12/2021)
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Filing 38
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 7/6/2021 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting room. The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 1/7/2021. (ig, COURT STAFF) (Filed on 1/7/2021)
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Filing 37
Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Planning call held on 1/7/2021 in advance of 7/6/2021 settlement conference via Zoom. Results: The court will host a further planning call on 6/3/2021 10:00 AM in Oakland, - Telephonic Only (conference line and access code will be provided by email).FTR Time: Not Recorded For Plaintiff: Kenneth Yoon and Stephanie Yasuda For Defendants: David Cheng (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 1/7/2021)
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Filing 36
OPPOSITION/RESPONSE (re #35 MOTION for Leave to File Third Amended Class Action Complaint ) DEFENDANTS THE YERBA MATE CO., LLC AND GUAYAKI SUSTAINABLE RAINFOREST PRODUCTS, INC.S OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED CLASS ACTION COMPLAINT filed byThe Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. (Lyman, Daniel) (Filed on 1/5/2021)
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Filing 35
MOTION for Leave to File Third Amended Class Action Complaint filed by Casey Troyer. (Attachments: #1 Declaration in Support of Plaintiff's Motion, #2 Proposed Order Granting Plaintiff's Motion)(Yasuda, Stephanie) (Filed on 12/22/2020)
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Filing 34
CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss timing and preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 1/7/2021 11:30 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 12/7/2020)
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Filing 33
Certificate of Interested Entities by Casey Troyer (Yasuda, Stephanie) (Filed on 12/4/2020)
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Filing 32
ORDER GRANTING #24 DEFENDANTS' MOTION TO DISMISS Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 12/4/2020)
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Filing 31
CASE MANAGEMENT SCHEDULING ORDER: Initial Disclosures due by 12/11/2020. Leave to Add New Parties or Amend Pleadings due by 3/25/2021. Motion for Class Certification due by 4/1/2021. Close of Non-expert Discovery due by 7/30/2021. Designation of Expert Testimony and Disclosure of Expert Reports due by 7/30/2021. Dispositive Motions due by 9/23/2021. Final Pretrial Conference set for 12/8/2021 at 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Jury Selection set for 12/13/2021 at 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Jury Trial set for 12/13/2021 through 12/17/2021 at 07:30 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup.Case referred to Magistrate Judge Donna M. Ryu for Settlement Conference. Signed by Judge William Alsup on 12/3/2020. (amd2S, COURT STAFF) (Filed on 12/3/2020)
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CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 12/3/2020)
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Filing 30
Minute Entry for proceedings held before Judge William Alsup: Initial Case Management Conference and Motion Hearing held on 12/3/2020 by AT&T Conference line re #24 MOTION to Dismiss. The Court heard oral arguments from the parties and took the motion under submission. See Case Management Order for deadlines. Total Time in Court: 22 minutes. Court Reporter: Ruth Levine Ekhaus. Plaintiff Attorney: Kenneth Yoon / Stephanie Yasuda. Defendant Attorney: David Cheng / Daniel Lyman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 12/3/2020)
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Filing 29
CLERK'S NOTICE. Counsel shall please dial-in to the Court's conference line at least ten minutes prior to the start of today's hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 12/3/2020)
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Filing 28
CLERK'S NOTICE SETTING TELEPHONIC HEARING AND ADVANCING CASE MANAGEMENT CONFERENCE. The Motion Hearing as to #24 MOTION to Dismiss set for 12/3/2020 at 08:00 AM shall occur telephonically. The Initial Case Management Conference set for 12/3/2020 at 11:00 AM is advanced to 8:00 AM to be held in conjunction with the Motion Hearing. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) #24 ) (This is a text-only entry generated by the court. There is no document associated with this entry.)0(amd2S, COURT STAFF) (Filed on 12/1/2020) Modified on 12/1/2020 (amd2S, COURT STAFF).
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Duplicate motion hearing terminated. (amd2S, COURT STAFF) (Filed on 12/1/2020)
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Filing 27
REPORT of Rule 26(f) Planning Meeting Joint Case Management Conference. (Attachments: #1 Exhibit A)(Yasuda, Stephanie) (Filed on 11/23/2020)
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Filing 26
REPLY (re #24 MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's Second Amended Complaint; Mem ) DEFENDANTS THE YERBA MATE CO., LLC AND GUAYAKI SUSTAINABLE RAINFOREST PRODUCTS, INC.'S REPLY ISO OF MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO STRIKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT filed byThe Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. (Lyman, Daniel) (Filed on 11/6/2020)
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Filing 25
OPPOSITION/RESPONSE (re #24 MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiffs Second Amended Complaint; Mem ) filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 10/30/2020) Modified on 10/30/2020 (arkS, COURT STAFF).
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| Filing 24 MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. Motion Hearing set for 12/3/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 10/30/2020. Replies due by 11/6/2020. (Attachments: #1 Proposed Order Granting Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's Second Amended Complaint)(Lyman, Daniel) (Filed on 10/16/2020) Modified on 10/16/2020 (arkS, COURT STAFF). |
| Filing 23 Notice of Withdrawal of Motion to Remand Case to California Superior Court (Yasuda, Stephanie) (Filed on 10/14/2020) |
| Filing 22 OPPOSITION/RESPONSE (re #21 MOTION to Remand Case to California Superior Court ) Defendant's Opposition to Plaintiff's Motion to Remand Case to California Superior Court filed byThe Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. (Attachments: #1 Declaration of Jeanette Mosley in Support of Defendant's Opposition to Plaintiff's Motion to Remand Case to California Superior Court, #2 Declaration of Philip Herold in Support of Defendant's Opposition to Plaintiff's Motion to Remand Case to California Superior Court, #3 Declaration of Nick O'Neill in Support of Defendant's Opposition to Plaintiff's Motion to Remand Case to California Superior Court, #4 Defendant's Request for Judicial Notice in Support of Defendant's Opposition to Plaintiff's Motion to Remand Case to California Superior Court)(Lyman, Daniel) (Filed on 10/13/2020) |
| Filing 21 MOTION to Remand Case to California Superior Court filed by Casey Troyer. Motion Hearing set for 11/5/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 10/13/2020. Replies due by 10/20/2020. (Attachments: #1 Proposed Order Granting Plaintiff's Motion to Remand Case to California Superior Court)(Yasuda, Stephanie) (Filed on 9/28/2020) |
| Filing 20 AMENDED COMPLAINT Second Amended Class Action Complaint for Damages against The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. Filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 9/18/2020) |
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Filing 19
ORDER DENYING #13 DEFENDANTS' MOTION TO DISMISS AS MOOT AND VACATING OCTOBER 22 HEARING signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 9/18/2020)
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Filing 18
ORDER GRANTING #15 STIPULATION FOR LEAVE TO AMEND SECOND AMENDED COMPLAINT signed by Judge William Alsup.(whalc4, COURT STAFF) (Filed on 9/18/2020)
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| Filing 17 OPPOSITION/RESPONSE (re #13 Amended MOTION to Amend/Correct #7 MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plainti ) filed byCasey Troyer. (Yasuda, Stephanie) (Filed on 9/18/2020) |
| Filing 16 EXHIBITS re #15 STIPULATION WITH PROPOSED ORDER for Leave to File Second Amended Class Action Complaint for Damages CORRECTION OF DOCKET # [15-2] filed byCasey Troyer. (Related document(s) #15 ) (Yasuda, Stephanie) (Filed on 9/16/2020) |
| Filing 15 STIPULATION WITH PROPOSED ORDER for Leave to File Second Amended Class Action Complaint for Damages filed by Casey Troyer. (Attachments: #1 Exhibit A, #2*please see #16 for corrected attachment* Exhibit B, #3 Proposed Order)(Yasuda, Stephanie) (Filed on 9/16/2020) Modified on 9/16/2020 (arkS, COURT STAFF). |
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Filing 14
NOTICE AND ORDER RE PUTATIVE CLASS ACTIONS AND FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT AND PROTOCOL FOR INTERVIEWING PUTATIVE CLASS MEMBERS Signed by Judge William Alsup on 09/10/2020. (whalc4, COURT STAFF) (Filed on 9/10/2020)
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| Filing 13 Amended MOTION to Amend/Correct #7 MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's First Amended Complaint; Memo of Points and Authorities in Support Thereof filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. Motion Hearing set for 10/22/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/22/2020. Replies due by 9/29/2020. (Attachments: #1 Proposed Order)(Lyman, Daniel) (Filed on 9/8/2020) |
| Filing 12 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT. The Initial Case Management Conference set for 12/2/2020 is continued to 12/3/2020 at 11:00 AM before Judge William Alsup. Case Management Statement due by 11/25/2020. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. All pending motions will be taken offcalendar and must be renoticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the renotice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 73. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 3707514The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(amd2S, COURT STAFF) (Filed on 9/8/2020) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to 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 Clerk on 9/8/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 9/8/2020)
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| Filing 10 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. (ig, COURT STAFF) (Filed on 9/4/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Casey Troyer.. (Yoon, Kenneth) (Filed on 9/4/2020) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc... (Lyman, Daniel) (Filed on 9/4/2020) |
| Filing 7 **Entered in error, please see #13 ** MOTION to Dismiss Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Notice of Motion and Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. Motion Hearing set for 10/22/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/18/2020. Replies due by 9/25/2020. (Attachments: #1 [Proposed] Order Granting Defendants The Yerba Mate Co., LLC and Guayaki Sustainable Rainforest Products, Inc.'s Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiff's First Amended Complaint)(Lyman, Daniel) (Filed on 9/4/2020) Modified on 9/8/2020 (arkS, COURT STAFF). |
| Filing 6 Corporate Disclosure Statement by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc. identifying Corporate Parent Guayaki Sustainable Rainforest Products, Inc., Corporate Parent Guayaki Yerba Mate S.P.C. for The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. re Electronic Filing Error,, Correction to Incorrect Filing Event (Lyman, Daniel) (Filed on 8/31/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 11/25/20 20. Initial Case Management Conference set for 12/2/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 8/31/2020) |
| Filing 4 ERRATA re Electronic Filing Error,, #1 Notice of Removal,,, Correction to Daniel R. Lyman's Declaration to Include Missing Exhibits A-E by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. (Attachments: #1 Exhibit A to Declaration of Daniel R. Lyman in Support of Defendant The Yerba Mate Co., LLC's Notice of Removal, #2 Exhibit B to Declaration of Daniel R. Lyman in Support of Defendant The Yerba Mate Co., LLC's Notice of Removal, #3 Exhibit C to Declaration of Daniel R. Lyman in Support of Defendant The Yerba Mate Co., LLC's Notice of Removal, #4 Exhibit D to Declaration of Daniel R. Lyman in Support of Defendant The Yerba Mate Co., LLC's Notice of Removal, #5 Exhibit E to Declaration of Daniel R. Lyman in Support of Defendant The Yerba Mate Co., LLC's Notice of Removal)(Lyman, Daniel) (Filed on 8/31/2020) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is Corporate Disclosure Statement. The correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re:[1-4] Defendants The Yerba Mate Co., LLC's and Guyaki Sustainable Rainforest Products, Inc.'s Corporate Disclosure Statement Pursuant to FED.R.Civ.P.7.1, filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc. (jmlS, COURT STAFF) (Filed on 8/31/2020) |
| #Electronic filing error. This filing will not be processed by the clerks office. Required pleadings have not been received. Original pleadings from the state court case are not included. Your declaration refers to exhibits that are not included in the filing. Please re-file the pleadings with the missing/required documents. Re: #1 Notice of Removal,,, filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc. (jmlS, COURT STAFF) (Filed on 8/28/2020) |
| Filing 3 Certificate of Interested Entities by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc. identifying Corporate Parent Guayaki Yerba Mate S.P.C. for The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. re #1 Notice of Removal,,, of Action by Defendant The Yerba Mate Co., LLC Pursuant to 28 U.S.C. Sections 1332, 1367(a), 1441(a), 1441(b), 1446 and 1453 (Lyman, Daniel) (Filed on 8/28/2020) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. 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 9/11/2020. (haS, COURT STAFF) (Filed on 8/28/2020) |
| Filing 1 NOTICE OF REMOVAL with jury demand Pursuant to 28 U.S.C. Sections 1332, 1367a, 1441b, 1446 and 1453 from Alameda County Superior Court. Their case number is RG20068307. (Filing fee $400 receipt number 0971-14875077). Filed by The Yerba Mate Co., LLP and Guayaki Sustainable Rainforest Products, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Daniel R. Lyman ISO Defendant The Yerba Mate Co., LLC's Notice of Removal, #3 Defendant Guayaki Sustainable Rainforest Products, Inc.'s Consent to Notice of Removal, #4 Defendants The Yerba Mate Co., LLC's and Guyaki Sustainable Rainforest Products, Inc.'s Corporate Disclosure Statement Pursuant to FED.R.Civ.P.7.1)(Lyman, Daniel) (Filed on 8/28/2020) Modified on 8/31/2020 (jmlS, COURT STAFF). Modified on 8/31/2020 (jmlS, COURT STAFF). |
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