White v. The Kroger Co. et al
| Phillip White |
| The Kroger Co. and Fruit of the Earth, Inc. |
| Strivectin Operating Company, Inc. and Bondi Sands (USA) Inc. |
| 3:2021cv08004 |
| October 12, 2021 |
| US District Court for the Northern District of California |
| Richard Seeborg |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 74 NOTICE of Appearance by Danielle Leigh Manning (Manning, Danielle) (Filed on 10/13/2022) |
| Filing 73 NOTICE of Change In Counsel by Robert Espensen Kohn [Robert E. Kohn, Esq. ceasing to be involved with the case] (Kohn, Robert) (Filed on 9/30/2022) |
| Filing 72 NOTICE of Appearance by Robert Espensen Kohn (Kohn, Robert) (Filed on 8/24/2022) |
| Filing 71 NOTICE of Change of Address by Benjamin Heikali (Heikali, Benjamin) (Filed on 6/24/2022) |
Filing 70
ORDER by Judge Richard Seeborg Granting #68 Stipulated Protective Order. (cl, COURT STAFF) (Filed on 6/14/2022)
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Filing 69
ORDER by Judge Seeborg granting #52 Motion for Summary Judgment as to defendant Fruit of the Earth, Inc.. (rslc1, COURT STAFF) (Filed on 6/10/2022)
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| Filing 68 STIPULATION WITH PROPOSED ORDER Protective Order filed by Phillip White. (Bruce, Katherine) (Filed on 6/8/2022) |
| Filing 67 REPLY (re #52 MOTION for Summary Judgment ) filed byFruit of the Earth, Inc.. (Shackelford, Ricky) (Filed on 5/31/2022) |
| Filing 66 OPPOSITION/RESPONSE (re #52 MOTION for Summary Judgment ) filed byPhillip White. (Attachments: #1 Declaration of Katherine Bruce, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Bruce, Katherine) (Filed on 5/24/2022) |
| Filing 65 Answer to Amended Complaint #63 Amended Complaint Defendant, Fruit of the Earth, Inc.'s Answer to Second Amended Complaint byFruit of the Earth, Inc.. (Shackelford, Ricky) (Filed on 5/17/2022) |
| Filing 64 Defendant The Kroger Co.'s ANSWER to Amended Complaint Second byThe Kroger Co.. (Harper, Jacob) (Filed on 5/17/2022) |
| Filing 63 AMENDED COMPLAINT against Fruit of the Earth, Inc., The Kroger Co.. Filed byPhillip White. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bruce, Katherine) (Filed on 5/3/2022) |
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Filing 62
ORDER by Judge Richard Seeborg GRANTING #61 JOINT STIPULATION AND ORDER TO FILE A SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 15(A)(2). (cl, COURT STAFF) (Filed on 5/3/2022)
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| Filing 61 STIPULATION WITH PROPOSED ORDER filed by Phillip White. (Attachments: #1 Declaration of Katherine Bruce, #2 Exhibit A)(Bruce, Katherine) (Filed on 5/2/2022) |
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Filing 60
INITIAL CASE MANAGEMENT SCHEDULING ORDER, Case referred to Private ADR.Signed by Chief Judge Richard Seeborg on 4/22/2022. (cl, COURT STAFF) (Filed on 4/22/2022)
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| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 4/22/2022) |
| Filing 59 Minute Entry for proceedings held before Judge Richard Seeborg: Initial Case Management Conference held via Zoom on 4/21/2022. Court to issue Case Management Scheduling Order.Total Time in Court: 24 minutes. Court Reporter: Not Reported or Recorded.Plaintiff Attorney: Katherine Bruce. Defendant Attorney: Rick Shackelford, Hannah Shanks-Parkin, Jacob Harper. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 4/21/2022) |
| Filing 58 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 4/21/2022 at 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than April 19, 2022 at 5:00 pm.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 4/21/2022 10:00 AM in San Francisco, - Vide oconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/15/2022) |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #57 Case Management Statement filed by Phillip White (dhm, COURT STAFF) (Filed on 4/15/2022) |
| Filing 57 JOINT INITIAL CASE MANAGEMENT STATEMENT filed by Phillip White. (Bruce, Katherine) (Filed on 4/14/2022) Modified on 4/15/2022. Incorrect event selected (dhm, COURT STAFF). |
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Filing 56
ORDER by Judge Richard Seeborg GRANTING #55 STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL L.R. 6-2. (cl, COURT STAFF) (Filed on 4/12/2022)
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| Filing 55 STIPULATION WITH PROPOSED ORDER re #52 MOTION for Summary Judgment Scheduling Order filed by Phillip White. (Attachments: #1 Declaration of Katherine A. Bruce, #2 Proposed Order)(Bruce, Katherine) (Filed on 4/12/2022) |
| Set/Reset as to #52 MOTION for Summary Judgment . Motion Hearing previously set for 5/19/2022 is continued to 6/16/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 4/12/2022) |
| Filing 54 ANSWER to Amended Complaint Defendant The Kroger Co.'s Answer to First Amended Complaint byThe Kroger Co.. (Harper, Jacob) (Filed on 4/8/2022) |
| Filing 53 CLERK'S NOTICE Continuing Motion Hearing as to #52 MOTION for Summary Judgment. TO A DATE THE COURT IS AVAILABLE FOR HEARING.The filing party is reminded to review Judge Seeborg's Scheduling Notes section on his webpage for a list of available dates for hearing.The change in hearing date does not impact the briefing schedule set at the filing of the motion. Motion Hearing previously set for 5/12/2022 is continued to 5/19/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/5/2022) |
| Filing 52 MOTION for Summary Judgment filed by Fruit of the Earth, Inc.. Motion Hearing set for 5/12/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 4/19/2022. Replies due by 4/26/2022. (Attachments: #1 Declaration Declaration of Chris Spencer ISO Defendant Fruit of the Earth's Motion For Summary Judgment, #2 Proposed Order Granting Defendant Fruit of the Earth's Motion for Summary Judgment)(Shackelford, Ricky) (Filed on 4/5/2022) |
| Filing 51 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Harper, Jacob) (Filed on 3/30/2022) |
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Filing 50
ORDER by Judge Seeborg denying #24 Motion to Dismiss. (rslc1, COURT STAFF) (Filed on 3/25/2022)
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| Filing 49 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byPhillip White. (Attachments: #1 Exhibit 1)(Related document(s) #43 ) (Bruce, Katherine) (Filed on 3/23/2022) |
| Filing 48 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held via Zoom on 3/3/2022 re #24 MOTION to Dismiss. Motion taken under submission; Court to issue an order. Zoom Digital Recording Time: 1:30 - 2:02 pm.Plaintiff Attorney: Katherine Bruce, Kelsey Elling, Brittany Scott. Defendant Attorney: Jacob Harper, Peter Bae. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 3/3/2022) Modified on 3/3/2022 (cl, COURT STAFF). |
| Filing 47 NOTICE of Appearance by Benjamin Heikali (Heikali, Benjamin) (Filed on 2/28/2022) |
| Filing 46 CLERK'S NOTICE SETTING ZOOM HEARING as to #24 MOTION to Dismiss Defendant The Kroger Co.'s Notice of Motion and Motion to Dismiss First Amended Complaint. Motion Hearing set for 3/3/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. This proceeding will be held via a Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.)Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or p arties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than March 1, 2022 at 12:00 PM.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (cl, COURT STAFF) (Filed on 2/25/2022) |
| Filing 45 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by April 14, 2022. Initial Case Management Conference previously set for March 24, 2022 is continued to April 21, 2022 at 10:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 2/23/2022) |
| Filing 44 REPLY (re #24 MOTION to Dismiss Defendant The Kroger Co.'s Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities ) Defendant The Kroger Co's Reply in Support of Motion to Dismiss First Amended Complaint filed byThe Kroger Co.. (Harper, Jacob) (Filed on 2/22/2022) |
| Filing 43 OPPOSITION/RESPONSE (re #24 MOTION to Dismiss Defendant The Kroger Co.'s Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities ) filed byPhillip White. (Bruce, Katherine) (Filed on 2/8/2022) |
| Filing 42 CLERK'S NOTICE The court has reviewed the motion and determined that no cases are related and no reassignments shall occur. (cl, COURT STAFF) (Filed on 2/8/2022) |
| Filing 41 NOTICE by Fruit of the Earth, Inc. re #37 Notice (Other) Notice of Lodging by Fruit of the Earth and Target Corporation of Related Case Locklin v. Target and Fruit of the Earth (Shackelford, Ricky) (Filed on 2/6/2022) |
| Filing 40 NOTICE by Bondi Sands (USA) Inc. of Lodging (Attachments: #1 Response to Motion to Consider Whether Cases Should Be Related, Proof of Service)(Wieser, Emily) (Filed on 2/4/2022) |
| Filing 39 NOTICE by The Kroger Co. re #36 Notice (Other),, of Lodging (Attachments: #1 Response to Motion to Consider Wheether Cases Should be Related)(Harper, Jacob) (Filed on 2/4/2022) |
| Filing 38 NOTICE by Strivectin Operating Company, Inc. of Lodging (Attachments: #1 Response to Administrative Motion to Consider Whether Cases Should Be Related)(Ma, Stephen) (Filed on 2/4/2022) |
| Filing 37 NOTICE by Fruit of the Earth, Inc. Defendant Fruit of the Earth, Inc.'s Notice of Related Cases Under L.R. 3-12 (Shackelford, Ricky) (Filed on 2/3/2022) |
| Filing 36 NOTICE of Lodging by Phillip White (Attachments: #1 Administrative Motion to Consider Whether Cases Should Be Related, #2 Declaration of Katherine Bruce, #3 Exhibit Exhibit A - Meet and Confer Emails - Edgewell, #4 Exhibit Exhibit B - Meet and Confer Emails - Target and FOTE, #5 Exhibit Exhibit C - Meet and Confer Emails - BS, #6 Exhibit Exhibit D - Meet and Confer Emails - SOC, #7 Exhibit Exhibit E - Meet and Confer Emails - Kroger, #8 Exhibit Exhibit F - Meet and Confer Emails - FOTE mfg Kroger, #9 Certificate/Proof of Service, #10 Proposed Order)(Bruce, Katherine) (Filed on 1/31/2022) Modified text on 2/1/2022 (dhm, COURT STAFF). |
| Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bruce, Katherine) (Filed on 1/26/2022) |
| Filing 34 NOTICE of Appearance by Gaganjyot Sandhu (Sandhu, Gaganjyot) (Filed on 1/13/2022) |
| Filing 33 NOTICE of Appearance by Hannah B. Shanks-Parkin (Shanks-Parkin, Hannah) (Filed on 1/13/2022) |
| Filing 32 CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/17/2022. Initial Case Management Conference previously set for 1/27/2022 is continued to 3/24/2022 10:00 AM in San Francisco, - Videoconference Only.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 1/12/2022) |
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Filing 31
ORDER by Judge Richard Seeborg GRANTING #30 STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO CIVIL L.R. 6-2. (cl, COURT STAFF) (Filed on 1/12/2022)
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| Filing 30 STIPULATION WITH PROPOSED ORDER Request for Order Changing Time pursuant to Civil L.R. 6-2 filed by Phillip White. (Attachments: #1 Declaration of Katherine A. Bruce, #2 Proposed Order)(Bruce, Katherine) (Filed on 1/12/2022) |
| Set/Reset Deadlines as to #24 MOTION to Dismiss Defendant The Kroger Co.'s Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities. Motion Hearing set for 3/3/2022 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 1/12/2022) |
| Filing 29 Certificate of Interested Entities by Fruit of the Earth, Inc. re #27 Answer to Amended Complaint (Shackelford, Ricky) (Filed on 1/10/2022) |
| Filing 28 Rule 7.1 Disclosures by Fruit of the Earth, Inc. re #27 Answer to Amended Complaint (Shackelford, Ricky) (Filed on 1/10/2022) |
| Filing 27 Defendant Fruit of the Earth, Inc. ANSWER to Amended Complaint byFruit of the Earth, Inc.. (Shackelford, Ricky) (Filed on 1/10/2022) |
| Filing 26 NOTICE of Appearance by Ricky Lynn Shackelford Counsel for Fruit of the Earth, Inc. (Shackelford, Ricky) (Filed on 1/10/2022) |
| Filing 25 Corporate Disclosure Statement by The Kroger Co. Defendant The Koger Co.'s Corporate Disclosure Statement and Certificate of Interested Entities or Persons (Harper, Jacob) (Filed on 1/10/2022) |
| Filing 24 MOTION to Dismiss Defendant The Kroger Co.'s Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities filed by The Kroger Co.. Motion Hearing set for 2/24/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 1/24/2022. Replies due by 1/31/2022. (Attachments: #1 Proposed Order)(Harper, Jacob) (Filed on 1/10/2022) |
| Filing 23 NOTICE of Appearance by Brittany Skye Scott (Scott, Brittany) (Filed on 1/7/2022) |
| Filing 22 NOTICE of Appearance by Neal J. Deckant (Deckant, Neal) (Filed on 1/7/2022) |
| Filing 21 Certificate of Interested Entities by Phillip White (Bruce, Katherine) (Filed on 12/14/2021) |
| Filing 20 AMENDED COMPLAINT First Amended Class Action Complaint against Fruit of the Earth, Inc., The Kroger Co.. Filed byPhillip White. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bruce, Katherine) (Filed on 12/10/2021) |
| Filing 19 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for January 27, 2022 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by January 20, 2022. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 11/15/2021) |
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Filing 18
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case,. Signed by The Clerk on 11/15/21. (ha, COURT STAFF) (Filed on 11/15/2021)
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| Filing 17 NOTICE of Appearance by James Hyeoun Ju Moon for Defendant The Kroger Co. (Moon, James) (Filed on 11/12/2021) |
| Filing 16 NOTICE of Appearance by Jacob Michael Harper for Defendant The Kroger Co. (Harper, Jacob) (Filed on 11/12/2021) |
| Filing 15 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. (mkl, COURT STAFF) (Filed on 11/10/2021) |
| Filing 14 NOTICE of Appearance by Peter Bae Notice of Appearance of Counsel for Defendant the Kroger Co. (Bae, Peter) (Filed on 11/10/2021) |
| Filing 13 Corporate Disclosure Statement by The Kroger Co. Defendant The Kroger Co.'s Disclosure Statement and Certification of Interested Entities or Persons (Bae, Peter) (Filed on 11/10/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Kroger Co... (Bae, Peter) (Filed on 11/10/2021) |
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Filing 11
ORDER AS MODIFIED by Chief Magistrate Judge Joseph C. Spero granting #10 Stipulation to Amend the Complaint; Extend Deadline to Respond to the Complaint; and Continue the Initial Case Management Conference. (mkl, COURT STAFF) (Filed on 11/9/2021)
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| Set Deadlines/Hearings Re: #11 Order on Stipulation: Case Management Statement due by 2/18/2022. Initial Case Management Conference reset for 2/25/2022 02:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jcs General Order 58. Pe rsons 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (mkl, COURT STAFF) (Filed on 11/9/2021) |
| Filing 10 STIPULATION WITH PROPOSED ORDER TO AMEND THE COMPLAINT; EXTEND DEADLINES TO RESPOND TO THE COMPLAINT; AND CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE filed by Phillip White. (Bruce, Katherine) (Filed on 11/5/2021) |
| Filing 9 SUMMONS Returned Executed by Phillip White. Fruit of the Earth, Inc. served on 10/15/2021, answer due 11/5/2021. (Bruce, Katherine) (Filed on 11/5/2021) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Phillip White.. (Bruce, Katherine) (Filed on 10/26/2021) |
| Filing 7 SUMMONS Returned Executed by Phillip White. The Kroger Co. served on 10/14/2021, answer due 11/4/2021. (Bruce, Katherine) (Filed on 10/22/2021) |
| Filing 6 Summons Issued as to The Kroger Co.. (dhmS, COURT STAFF) (Filed on 10/13/2021) |
| Filing 5 Summons Issued as to Fruit of the Earth, Inc.. (dhmS, COURT STAFF) (Filed on 10/13/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/7/2022. Initial Case Management Conference set for 1/14/2022 02:00 PM in San Francisco, Courtroom F, 15th Floor. (dhmS, COURT STAFF) (Filed on 10/12/2021) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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 10/26/2021. (bwS, COURT STAFF) (Filed on 10/12/2021) |
| Filing 2 Proposed Summons. (Attachments: #1 Proposed Summons as to Defendant The Kroger Co.)(Bruce, Katherine) (Filed on 10/12/2021) |
| Filing 1 COMPLAINT against Fruit of the Earth, Inc., The Kroger Co. ( Filing fee $ 402, receipt number 0971-16490500.). Filed byPhillip White. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Bruce, Katherine) (Filed on 10/12/2021) |
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