Swartz et al v. The Coca-Cola Company et al
| Cristina Salgado, David Swartz, Marcelo Muto and Sierra Club |
| Bluetriton Brands, Inc., Niagara Brands, LLC, The Coca-Cola Company and Niagara Bottling LLC |
| 3:2021cv04643 |
| June 16, 2021 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| James Donato |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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Filing 99
ORDER RE MOTION TO DISMISS. Signed by Judge James Donato on 11/18/2022. (jdlc1, COURT STAFF) (Filed on 11/18/2022)
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| Filing 98 Discovery Letter Brief in Response to Plaintiffs' October 21, 2022 Letter Motion to Compel filed by The Coca-Cola Company. (Lafayette, Gary) (Filed on 11/16/2022) |
| Filing 97 Response to Plaintiffs' October 20, 2022 Letter Regarding Discovery Dispute filed by Niagara Bottling LLC. (Schmidt, Kent) (Filed on 11/15/2022) Modified on 11/15/2022 (cjl, COURT STAFF). |
| Filing 96 Discovery Letter Brief Re Discovery Dispute Regarding Plaintiff's Refusal to Respond to Niagara Bottling's Discovery filed by Niagara Bottling LLC. (Schmidt, Kent) (Filed on 11/3/2022) Modified on 11/4/2022 (cjl, COURT STAFF). |
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Filing 95
ORDER. For Dkt. Nos. 91, 93, defendants are directed to file responsive letters by November 16, 2022, in the format required by the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 10/26/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 10/26/2022)
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Filing 94
ORDER by Judge James Donato granting #92 Motion for Pro Hac Vice as to Ian C. Kerr. (lrc, COURT STAFF) (Filed on 10/25/2022)
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| Filing 93 Second Discovery Letter Brief RE Coca-Cola's ESI Searches and Deletions filed by Marcelo Muto, Cristina Salgado, Sierra Club, David Swartz. (Attachments: #1 Exhibit 1)(Thairani, Rajiv) (Filed on 10/21/2022) |
| Filing 92 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17650380.) filed by The Coca-Cola Company. (Attachments: #1 Certificate of Good Standing)(Kerr, Ian) (Filed on 10/21/2022) |
| Filing 91 First Discovery Letter Brief Against Niagara RE Scope of Discovery filed by Marcelo Muto, Cristina Salgado, David Swartz. (Thairani, Rajiv) (Filed on 10/21/2022) Modified on 10/21/2022 (cjl, COURT STAFF). |
| Filing 90 JOINT MOTION TO AMEND THE CASE SCHEDULE filed by Marcelo Muto, Cristina Salgado, Sierra Club, David Swartz, Bluetriton Brands, Inc., Niagara Bottling LLC, The Coca-Cola Company. Responses due by 9/30/2022. (Attachments: #1 Declaration Thairani, #2 Proposed Order)(Thairani, Rajiv) (Filed on 9/26/2022) Modified on 9/27/2022 (cjl, COURT STAFF). |
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Filing 89
ORDER. The parties' stipulated protective order and order re ESI discovery, Dkt. Nos. 87, 88, are approved, except that in those cases where the stipulated orders conflict with the Court's standing orders (e.g., with respect to the filing of discovery motions), the Court's standing orders will control. Signed by Judge James Donato on 8/16/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 8/16/2022)
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| Filing 88 STIPULATION WITH PROPOSED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION filed by Marcelo Muto, Cristina Salgado, Sierra Club, David Swartz, Bluetriton Brands, Inc., Niagara Bottling LLC, The Coca-Cola Company. (McCrary, Marie) (Filed on 8/12/2022) Modified on 8/15/2022 (cjl, COURT STAFF). |
| Filing 87 [PROPOSED] STIPULATED PROTECTIVE ORDER filed by Marcelo Muto, Cristina Salgado, Sierra Club, David Swartz, Bluetriton Brands, Inc., Niagara Bottling LLC, The Coca-Cola Company. (McCrary, Marie) (Filed on 8/12/2022) Modified on 8/15/2022 (cjl, COURT STAFF). |
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Filing 86
ORDER. The motion to dismiss, Dkt. No. 76, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The hearing that was set for August 11, 2022, is vacated. Signed by Judge James Donato on 8/8/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 8/8/2022)
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| Filing 85 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byNiagara Bottling LLC. (Schmidt, Kent) (Filed on 8/5/2022) |
| Filing 84 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #76 MOTION to Dismiss / Defendants' Consolidated Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities re: #74 . Motion Hearing set for 8/11/2022 11:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (Related documents(s) #76 )(lrc, COURT STAFF) (Filed on 7/22/2022) |
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Filing 83
ORDER. For Dkt. No. 81, the parties may disregard the deadline to complete a mandatory settlement conference by August 12, 2022. Signed by Judge James Donato on 7/15/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 7/15/2022)
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| Filing 82 NOTICE of Appearance by Rajiv V. Thairani (Thairani, Rajiv) (Filed on 6/30/2022) |
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Filing 81
SCHEDULING ORDER. Signed by Judge James Donato on 6/29/2022. (jdlc1, COURT STAFF) (Filed on 6/29/2022)
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Filing 80
ORDER. The hearing on the motion to dismiss, Dkt. No. #76 , is continued to August 11, 2022, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 6/28/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 6/28/2022)
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| Filing 79 REPLY (re #76 MOTION to Dismiss / Defendants' Consolidated Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities re: #74 ) In Support of Consolidated Motion to Dismiss filed byBluetriton Brands, Inc., Niagara Bottling LLC, The Coca-Cola Company. (Sestito, Dawn) (Filed on 5/27/2022) |
| Filing 78 OPPOSITION/RESPONSE (re #76 MOTION to Dismiss / Defendants' Consolidated Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities re: #74 ) filed byMarcelo Muto, Cristina Salgado, Sierra Club, David Swartz. (Attachments: #1 Declaration Ip, #2 Declaration Cullum)(McCrary, Marie) (Filed on 5/13/2022) |
| Filing 77 Supplemental Brief re #76 MOTION to Dismiss / Defendants' Consolidated Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities re: #74 , #74 Amended Complaint filed byBluetriton Brands, Inc., The Coca-Cola Company. (Related document(s) #76 , #74 ) (Sestito, Dawn) (Filed on 4/22/2022) |
| Filing 76 MOTION to Dismiss / Defendants' Consolidated Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities re: #74 filed by Bluetriton Brands, Inc., Niagara Bottling LLC, The Coca-Cola Company. Motion Hearing set for 6/30/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 5/13/2022. Replies due by 5/27/2022. (Attachments: #1 Proposed Order)(Sestito, Dawn) (Filed on 4/22/2022) |
| Filing 75 Supplemental Brief re #74 Amended Complaint in Support of Consolidated Motion to Dismiss filed byNiagara Bottling LLC. (Related document(s) #74 ) (Schmidt, Kent) (Filed on 4/22/2022) |
| Filing 74 CONSOLIDATED AMENDED COMPLAINT against All Defendants. Filed by David Swartz, Sierra Club, Marcelo Muto, Cristina Salgado. (McCrary, Marie) (Filed on 3/24/2022) Modified on 3/25/2022 (cv, COURT STAFF). |
| Filing 73 TRANSCRIPT ORDER for proceedings held on March 3, 2022 before Judge James Donato by The Coca-Cola Company, for Court Reporter FTR - San Francisco. (Lafayette, Gary) (Filed on 3/15/2022) |
| Filing 72 TRANSCRIPT ORDER for proceedings held on 03-03-2022 before Judge James Donato by Bluetriton Brands, Inc., for Court Reporter FTR - San Francisco. (Sestito, Dawn) (Filed on 3/15/2022) |
| Filing 71 TRANSCRIPT ORDER for proceedings held on March 3, 2022 before Judge James Donato by Niagara Bottling LLC, for Court Reporter FTR - San Francisco. (Schmidt, Kent) (Filed on 3/15/2022) |
| Filing 70 Transcript of Proceedings held on 3/3/22, before Judge James Donato. Court Reporter/Transcriber Access Transcripts, telephone number 8558732223. 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 #69 Transcript Order ) Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/12/2022. Release of Transcript Restriction set for 6/10/2022. (Related documents(s) #69 ) (Watson, Ilene) (Filed on 3/12/2022) |
| Filing 69 TRANSCRIPT ORDER for proceedings held on 3/3/22 before Judge James Donato by Marcelo Muto, Cristina Salgado, David Swartz, for Court Reporter FTR - San Francisco. (Safier, Seth) (Filed on 3/8/2022) |
| Filing 68 Minute Entry for proceedings held before Judge James Donato: Status Conference held on 3/3/2022. Pursuant to Fed. R. Civ. P. 42(a), the Court orders the cases consolidated for all pretrial proceedings. The earlier-filed civil action, Case No. 21-4643, is the lead case for consolidation purposes. Case No. 21-4644 will be administratively closed pending further order. All ECF filings should be made in the lead case. (jdlc1, COURT STAFF) (Date Filed: 3/8/2022) Modified on 3/8/2022 (cv, COURT STAFF). Modified on 3/8/2022: Corrected hearing date. (rjd, COURT STAFF). Modified on 3/8/2022: Matter transcribed by Ilene Watson (Access Transcripts). (rjd, COURT STAFF). |
| Filing 67 CASE MANAGEMENT STATEMENT JOINT CONFERENCE STATEMENT RE CONSOLIDATION AND MOTION TO DISMISS BRIEFING filed by Marcelo Muto, Cristina Salgado, David Swartz. (Safier, Seth) (Filed on 2/28/2022) |
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Filing 66
ORDER. At the parties' joint request, Dkt. Nos. 65 and 49, an in-person status conference will be held on March 3, 2022, at 10:00 a.m., in Courtroom 11. Signed by Judge James Donato on 2/4/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 2/4/2022)
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| Filing 65 STIPULATION WITH PROPOSED ORDER to Permit defendants to Appear by Telephone or Videoconference and to reset start time of the Status Conference or, in the alternative, to Reschedule the Status Conference 64 filed by Bluetriton Brands, Inc.. (Attachments: #1 Declaration of Hannah Chanoine in support)(Chanoine, Hannah) (Filed on 2/3/2022) |
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Filing 64
ORDER. At the parties' joint request, Dkt. Nos. 63 and 47, the status conference set for January 27, 2022, is continued to February 17, 2022, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 1/19/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 1/19/2022)
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| Filing 63 STIPULATION WITH PROPOSED ORDER re Defendants Request And [Proposed] Order To Reset Start Time Of Status Conference And To Permit Defendants To Appear By Telephone Or Videoconference filed by The Coca-Cola Company. (Attachments: #1 Declaration of Gary Lafayette)(Lafayette, Gary) (Filed on 1/14/2022) |
| Filing 62 CLERK'S NOTICE. The status conference set for January 20, 2022, is continued to January 27, 2022, at 10:00 a.m. in Courtroom 11. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 1/5/2022) |
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Filing 61
ORDER. The Court is in a multi-district litigation trial. The status conference set for December 16, 2021, is continued to January 20, 2022, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 12/10/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 12/10/2021)
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Filing 60
ORDER. A status conference is set for December 16, 2021, at 10:00 a.m. in Courtroom 11 to discuss consolidation of the Swartz and Sierra Club actions. The briefing on the motions to dismiss is stayed pending further order. The initial case management conference set for December 9, 2021 is vacated. Signed by Judge James Donato on 11/18/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 11/18/2021)
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Filing 59
ORDER. For the parties' guidance, because the claims alleged by Sierra Club in related case No. 3:21-cv-04644 are identical to the same claims in the Swartz action, the Court will take up the motion to dismiss and/or sever issues together in Swartz. Signed by Judge James Donato on 11/3/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 11/3/2021)
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Filing 58
ORDER. After review of Dkt. No. #57 , and the motions to dismiss, the Court has concluded that defendants should file by November 26, 2021, a single consolidated motion to dismiss and/or sever not to exceed 25 pages. Plaintiffs may file by December 16, 2021, a single opposition not to exceed 30 pages. Defendants may file by December 30, 2021, a consolidated reply not to exceed 10 pages. The Court will schedule a hearing as warranted. The pending motions to dismiss and to sever, Dkt. Nos. #46 , #48 , #50 , #51 , and #56 are terminated as moot.. Signed by Judge James Donato on 11/2/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1, COURT STAFF) (Filed on 11/2/2021)
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| Filing 57 ADMINISTRATIVE MOTION For Leave to File Consolidated Opps. filed by Marcelo Muto, Cristina Salgado, David Swartz. Responses due by 11/5/2021. (Attachments: #1 Declaration of Seth A. Safier, #2 Exhibit 1, #3 Proposed Order)(McCrary, Marie) (Filed on 11/1/2021) |
| Filing 56 MOTION to Sever filed by Bluetriton Brands, Inc.. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 11/8/2021. Replies due by 12/6/2021. (Attachments: #1 Proposed Order Granting Defendant BlueTriton Brands, Inc.'s Motion to Sever Claims)(Sestito, Dawn) (Filed on 10/15/2021) |
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Filing 55
ORDER GRANTING STIPULATION RE MOTION TO DISMISS BRIEFING SCHEDULE. Signed by Judge James Donato on 10/7/2021. (jdlc1S, COURT STAFF) (Filed on 10/7/2021)
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| Filing 54 STIPULATION WITH PROPOSED ORDER RE Motion Briefing Schedule filed by Marcelo Muto, Cristina Salgado, David Swartz. (Attachments: #1 Declaration McCrary)(McCrary, Marie) (Filed on 10/6/2021) |
| Filing 53 ERRATA re #46 MOTION to Dismiss Class Action Complaint by Niagara Bottling LLC. (Schmidt, Kent) (Filed on 9/28/2021) |
| Filing 52 ERRATA re #46 MOTION to Dismiss by Niagara Bottling LLC. (Schmidt, Kent) (Filed on 9/28/2021) |
| Filing 51 MOTION to Sever Claims filed by The Coca-Cola Company. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Proposed Order)(Lafayette, Gary) (Filed on 9/27/2021) |
| Filing 50 MOTION to Dismiss filed by The Coca-Cola Company. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Proposed Order)(Lafayette, Gary) (Filed on 9/27/2021) |
| Filing 49 Request for Judicial Notice re #48 MOTION to Dismiss ; Memorandum of Points and Authorities filed byBluetriton Brands, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #48 ) (Sestito, Dawn) (Filed on 9/27/2021) |
| Filing 48 MOTION to Dismiss ; Memorandum of Points and Authorities filed by Bluetriton Brands, Inc.. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Declaration of Hannah Y. Chanoine, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order)(Sestito, Dawn) (Filed on 9/27/2021) |
| Filing 47 Request for Judicial Notice re #46 MOTION to Dismiss filed byNiagara Bottling LLC. (Related document(s) #46 ) (Schmidt, Kent) (Filed on 9/27/2021) |
| Filing 46 MOTION to Dismiss filed by Niagara Bottling LLC. Motion Hearing set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/12/2021. Replies due by 10/19/2021. (Attachments: #1 Declaration of Creighton R. Magid in Support, #2 Proposed Order)(Schmidt, Kent) (Filed on 9/27/2021) |
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Filing 45
ORDER. The motion for Attorney Bersuder to withdraw as counsel, Dkt. No. #39 , is granted. Signed by Judge James Donato on 9/15/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/15/2021)
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| Filing 44 SUMMONS Returned Executed by David Swartz, Marcelo Muto, Cristina Salgado. Bluetriton Brands, Inc. served on 6/22/2021, answer due 7/13/2021; Niagara Bottling LLC served on 6/23/2021, answer due 7/14/2021; The Coca-Cola Company served on 6/22/2021, answer due 7/13/2021. (answer deadline modified by stipulation) (McCrary, Marie) (Filed on 9/14/2021) |
| Filing 43 Certificate of Interested Entities by Marcelo Muto, Cristina Salgado, David Swartz identifying Other Affiliate Gutride Safier LLP, Other Affiliate David Swartz, Other Affiliate Cristina Salgado, Other Affiliate Putative Class Members for Marcelo Muto; Other Affiliate Gutride Safier LLP, Other Affiliate Cristina Salgado, Other Affiliate Marcelo Muto, Other Affiliate Putative Class Members for David Swartz; Other Affiliate Gutride Safier LLP, Other Affiliate David Swartz, Other Affiliate Marcelo Muto, Other Affiliate Putative Class Members for Cristina Salgado. (McCrary, Marie) (Filed on 9/14/2021) |
| #Electronic filing error. Incorrect event used. [err101]Please re-file in its entirety using correct event "Summons Returned Executed" Re: #42 Certificate of Service f iled by David Swartz, Marcelo Muto, Cristina Salgado (dhmS, COURT STAFF) (Filed on 9/10/2021) |
| Filing 42 ***INCORRECT EVENT*** CERTIFICATE OF SERVICE by Marcelo Muto, Cristina Salgado, David Swartz for Defendants Coca-Cola, BlueTriton Brands, and Niagara (Safier, Seth) (Filed on 9/9/2021) Modified on 9/10/2021 (dhmS, COURT STAFF). |
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Filing 41
ORDER. The initial case management conference is continued to December 9, 2021, at 10:00 a.m. in Courtroom 11. Signed by Judge James Donato on 9/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 9/9/2021)
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| Filing 40 STIPULATION WITH PROPOSED ORDER RE Request To Continue Case Management Conference filed by The Coca-Cola Company. (Attachments: #1 Declaration of Gary Lafayette)(Lafayette, Gary) (Filed on 9/3/2021) |
| Filing 39 MOTION to Withdraw as Attorney filed by The Coca-Cola Company. Responses due by 9/16/2021. Replies due by 9/23/2021. (Attachments: #1 Proposed Order)(Bersuder, Gabriela) (Filed on 9/2/2021) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT [FRCP 7.1] filed by Niagara Bottling LLC - CORRECTION TO DOCKET NO. 36 (Schmidt, Kent) (Filed on 8/31/2021) |
| Filing 37 Certificate of Interested Entities by Niagara Bottling LLC (Schmidt, Kent) (Filed on 8/31/2021) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT [FRCP 7.1] filed by Niagara Brands, LLC (Schmidt, Kent) (Filed on 8/30/2021) |
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Filing 35
ORDER by Judge James Donato granting #34 Motion for Pro Hac Vice as to Jane M. Metcalf. (lrcS, COURT STAFF) (Filed on 8/26/2021)
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| Filing 34 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-16320015) filed by The Coca-Cola Company. (Metcalf, Jane) (Filed on 8/25/2021) |
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Filing 33
ORDER by Judge James Donato granting #12 Motion for Pro Hac Vice as to Gabiela Bersuder. (lrcS, COURT STAFF) (Filed on 8/24/2021)
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Filing 32
ORDER by Judge James Donato granting #11 Motion for Pro Hac Vice as to Steven A. Zalesin. (lrcS, COURT STAFF) (Filed on 8/24/2021)
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Filing 31
ORDER by Judge James Donato granting #30 Motion to Relate Case. (lrcS, COURT STAFF) (Filed on 8/24/2021)
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| Filing 30 ADMINISTRATIVE MOTION TO CONSIDER WHETHER TO RELATE CASES PURSUANT TO LOCAL RULES 3.12 AND 7.11 filed by Marcelo Muto, Cristina Salgado, David Swartz. (Attachments: #1 Declaration McCrary Decl., #2 Exhibit 1, #3 Proposed Order, #4 Certificate/Proof of Service)(McCrary, Marie) (Filed on 8/20/2021) |
| Filing 29 Certificate of Interested Entities by Bluetriton Brands, Inc. identifying Corporate Parent BlueTriton Brands Holdings, Inc., Other Affiliate One Rock Capital Partners, LLC, Other Affiliate Metropoulos & Co. for Bluetriton Brands, Inc.. (BlueTriton Brands Holdings, Inc.: parent company of BlueTriton Brands, Inc., One Rock Capital Partners, LLC: entity with a financial interest in BlueTriton Brands, Inc., Metropoulos & Co.: entity with a financial interest in BlueTriton Brands, Inc.) (Sestito, Dawn) (Filed on 8/16/2021) |
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Filing 28
ORDER by Judge James Donato granting #23 Motion for Pro Hac Vice as to Hannah Y. Chanoine. (lrcS, COURT STAFF) (Filed on 8/16/2021)
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| Filing 27 Rule 7.1 Disclosures by The Coca-Cola Company (Zalesin, Steven) (Filed on 8/16/2021) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents .This filing will not be processed by the clerks office. Re: #25 Certificate of Interested Entities, filed by Bluetriton Brands, Inc. (mclS, COURT STAFF) (Filed on 8/16/2021) |
| Filing 26 STIPULATION to Continue Deadlines to File Responsive Pleading and Related Briefing (CIV. L.R. 6-1(a)) filed by Bluetriton Brands, Inc.. (Sestito, Dawn) (Filed on 8/13/2021) |
| Filing 25 Certificate of Interested Entities by Bluetriton Brands, Inc. (BlueTriton Brands Holdings, Inc.: parent company of BlueTriton Brands, Inc., One Rock Capital Partners, LLC: entity with a financial interest in BlueTriton Brands, Inc., Metropoulos & Co.: entity with a financial interest in BlueTriton Brands, Inc.) (Sestito, Dawn) (Filed on 8/13/2021) |
| Filing 24 Corporate Disclosure Statement by Bluetriton Brands, Inc. identifying Corporate Parent BlueTriton Brands Holdings, Inc. for Bluetriton Brands, Inc.. (Sestito, Dawn) (Filed on 8/13/2021) |
| Filing 23 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16283800.) filed by Bluetriton Brands, Inc.. (Chanoine, Hannah) (Filed on 8/13/2021) |
| Filing 22 NOTICE of Appearance by Raymond Collins Kilgore for Defendant BlueTriton Brands, Inc. (Kilgore, Raymond) (Filed on 8/13/2021) |
| Filing 21 NOTICE of Appearance by Dawn Sestito for Defendant BlueTriton Brands, Inc (Sestito, Dawn) (Filed on 8/13/2021) |
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Filing 20
ORDER by Judge James Donato granting #19 Motion for Pro Hac Vice as to Creighton R. Magid. (lrcS, COURT STAFF) (Filed on 7/23/2021)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice Creighton R. Magid, (Filing Fee: $317.00, receipt number 0971-16205651) filed by Niagara Brands, LLC. (Magid, Creighton) (Filed on 7/22/2021) |
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Filing 18
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 9/30/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 9/23/2021. Signed by Judge James Donato on 7/16/2021. (lrcS, COURT STAFF) (Filed on 7/16/2021)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Judge Saundra Brown Armstrong 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 the Clerk on 7/15/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/15/2021)
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Filing 16
ORDER OF RECUSAL. Signed by Judge Saundra Brown Armstrong on 7/15/2021. (amgS, COURT STAFF) (Filed on 7/15/2021)
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case. Signed by Clerk on 07/14/2021. (mbcS, COURT STAFF) (Filed on 7/14/2021)
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| Filing 14 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 7/14/2021) |
| Filing 13 STIPULATION TO CONTINUE DEADLINE TO FILE RESPONSIVE PLEADING filed by Marcelo Muto, Cristina Salgado, David Swartz. (McCrary, Marie) (Filed on 7/13/2021) |
| Filing 12 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-16172236) filed by The Coca-Cola Company. (Bersuder, Gabriela) (Filed on 7/13/2021) |
| Filing 11 MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-16172039) filed by The Coca-Cola Company. (Zalesin, Steven) (Filed on 7/13/2021) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Coca-Cola Company.. (Lafayette, Gary) (Filed on 7/13/2021) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marcelo Muto, Cristina Salgado, David Swartz.. (Safier, Seth) (Filed on 7/6/2021) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by July 20, 2021. 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 7/6/2021) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 9/9/2021. Initial Case Management Conference set for 9/16/2021 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 6/17/2021) |
| Filing 6 Summons Issued as to Defendants Bluetriton Brands, Inc., Niagara Brands, LLC, The Coca-Cola Company. (tnS, COURT STAFF) (Filed on 6/17/2021) |
| Filing 5 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 6/30/2021. (bwS, COURT STAFF) (Filed on 6/16/2021) |
| Filing 4 Proposed Summons. (Safier, Seth) (Filed on 6/16/2021) |
| Filing 3 Proposed Summons. (Safier, Seth) (Filed on 6/16/2021) |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 6/16/2021) |
| Filing 1 CLASS ACTION COMPLAINT FOR VIOLATION OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT; FALSE ADVERTISING; FRAUD, DECEIT, AND/OR MISREPRESENTATION; NEGLIGENT MISREPRESENTATION; VIOLATION OF THE ENVIRONMENTAL MARKETING CLAIMS ACT; AND UNFAIR BUSINESS PRACTICES; JURY TRIAL DEMANDED against All Defendants, (Filing Fee: $402.00, receipt number 0971-16082962). Filed by David Swartz, Marcelo Muto, Cristina Salgado. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 6/16/2021) Modified on 6/17/2021 (tnS, COURT STAFF). |
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