Pino et al v. Birch Benders, LLC
| Brittney Pino and Terri Gamino |
| Birch Benders, LLC |
| 3:2022cv02194 |
| April 7, 2022 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
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Filing 36
ORDER by Magistrate Judge Thomas S. Hixson granting #35 Stipulation extending for defendant to answer. Extension to: 10/31/2022. (rmm2, COURT STAFF) (Filed on 10/5/2022)
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| Filing 35 STIPULATION WITH PROPOSED ORDER re #1 Complaint TO EXTEND DEFENDANT BIRCH BENDERS, LLCS TIME TO FILE ANSWER filed by Birch Benders, LLC. (Attachments: #1 Declaration of Keri E. Borders)(Borders, Keri) (Filed on 10/4/2022) |
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Filing 34
ORDER: Case Management Statement due by 10/27/2022. Initial Case Management Conference set for 11/3/2022 10:00 AM. Signed by Judge Thomas S. Hixson on 10/4/2022. (tshlc1, COURT STAFF) (Filed on 10/4/2022)
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Filing 33
ORDER by Judge Thomas S. Hixson granting in part and denying in part #14 Motion to Dismiss. (tshlc2, COURT STAFF) (Filed on 10/3/2022)
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| Filing 32 CLERK'S NOTICE Continuing Motion Hearing as to #14 Motion to Dismiss. Motion Hearing set for 10/6/2022 at 10:00 AM before Magistrate Judge Thomas S. Hixson by Zoom video conference. The webinar link and instructions are located at #https://www.cand.uscourts.gov/tsh . (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 9/28/2022 ) |
| Set Deadlines/Hearings: (tshlc1, COURT STAFF) (Filed on 9/28/2022) |
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Filing 31
ORDER by Magistrate Judge Thomas S. Hixson granting #30 Motion for Pro Hac Vice re Matthew Thomas McCrary. (rmm2, COURT STAFF) (Filed on 9/14/2022)
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| Filing 30 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17533183.) filed by Terri Gamino, Brittney Pino. (Attachments: #1 Certificate/Proof of Service Certificate of good standing)(McCrary, Matthew) (Filed on 9/14/2022) |
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Filing 29
ORDER VACATING CMC. Signed by Judge Thomas S. Hixson on 9/13/2022. (tshlc1, COURT STAFF) (Filed on 9/13/2022)
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| Filing 28 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byTerri Gamino, Brittney Pino. (Attachments: #1 Exhibit A)(Related document(s) #14 ) (Backer, Kali) (Filed on 9/12/2022) |
| Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Borders, Keri) (Filed on 9/12/2022) |
| Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Backer, Kali) (Filed on 9/9/2022) |
| Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Backer, Kali) (Filed on 9/9/2022) |
| Filing 24 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 9/9/2022) |
| Filing 23 REPLY (re #14 MOTION to Dismiss the Complaint ) filed byBirch Benders, LLC. (Borders, Keri) (Filed on 9/8/2022) |
| Filing 22 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byTerri Gamino, Brittney Pino. (Attachments: #1 Exhibit A)(Related document(s) #14 ) (Backer, Kali) (Filed on 8/23/2022) |
| Filing 21 NOTICE by Birch Benders, LLC of Withdrawal of Counsel (Queen, Daniel) (Filed on 8/15/2022) |
| Filing 20 NOTICE of Appearance by Rebecca Bari Johns (Johns, Rebecca) (Filed on 8/12/2022) |
| Filing 19 OPPOSITION/RESPONSE (re #14 MOTION to Dismiss the Complaint ) filed byTerri Gamino, Brittney Pino. (Backer, Kali) (Filed on 8/11/2022) |
| Filing 18 NOTICE of Change of Address by Keri Elizabeth Borders (Borders, Keri) (Filed on 7/12/2022) |
| Filing 17 NOTICE of Change of Address by Dale Joseph Giali (Giali, Dale) (Filed on 7/11/2022) |
| Set/Reset Hearing re #16 Order on Stipulation,, Initial Case Management Conference set for 9/29/2022 10:00 AM in San Francisco, - Videoconference Only. (rmm2, COURT STAFF) (Filed on 6/29/2022) |
| Set Deadlines/Hearings: Motion Hearing set for 9/29/2022 10:00 AM in San Francisco, - Videoconference Only before Magistrate Judge Thomas S. Hixson. (rmm2, COURT STAFF) (Filed on 6/29/2022) |
| Set/Reset Deadlines as to Motion Hearing set for 9/29/2022 10:00 AM in San Francisco, - Videoconference Only before Magistrate Judge Thomas S. Hixson. (rmm2, COURT STAFF) (Filed on 6/29/2022) |
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Filing 16
ORDER by Judge Magistrate Judge Thomas S. Hixson granting #15 Stipulation to continue Motion to Dismiss and extend briefing schedule and Continue Initial Case Management Conference. Initial Case Management Conference set for 9/29/2022 10:00 AM in San Francisco, - Videoconference Only. Case Management Statement due by 9/22/2022. Motion Hearing set for 9/29/2022 10:00 AM in San Francisco, - Videoconference Only. Responses due by 8/11/2022.Replies due by 9/8/2022. (rmm2, COURT STAFF) (Filed on 6/9/2022)
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| Filing 15 STIPULATION WITH PROPOSED ORDER to Modify Schedule and Continue Initial Case Management Conference filed by Terri Gamino, Brittney Pino. (Safier, Seth) (Filed on 6/9/2022) |
| Filing 14 MOTION to Dismiss the Complaint filed by Birch Benders, LLC. Motion Hearing set for 7/7/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 6/16/2022. Replies due by 6/23/2022. (Attachments: #1 Declaration of Keri E. Borders, #2 Proposed Order)(Borders, Keri) (Filed on 6/2/2022) |
| Filing 13 Certificate of Interested Entities by Terri Gamino, Brittney Pino (Reynolds, Hayley) (Filed on 5/17/2022) |
| Filing 12 Certificate of Interested Entities by Birch Benders, LLC identifying Corporate Parent Sovos Brand Intermediate, Inc., Other Affiliate Sovos Brands, Inc., Other Affiliate Sovos Brands Holdings, Inc. for Birch Benders, LLC. (Borders, Keri) (Filed on 5/3/2022) |
| Filing 11 STIPULATION Extending Time to Respond to Complaint filed by Birch Benders, LLC. (Borders, Keri) (Filed on 5/2/2022) |
| Filing 10 NOTICE of Appearance by Daniel D Queen for Defendant Birch Benders, LLC (Queen, Daniel) (Filed on 4/29/2022) |
| Filing 9 NOTICE of Appearance by Keri Elizabeth Borders for Defendant Birch Benders, LLC (Borders, Keri) (Filed on 4/29/2022) |
| Filing 8 NOTICE of Appearance by Dale Joseph Giali for Defendant Birch Benders, LLC (Giali, Dale) (Filed on 4/29/2022) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Birch Benders, LLC.. (Borders, Keri) (Filed on 4/29/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Terri Gamino, Brittney Pino.. (Safier, Seth) (Filed on 4/8/2022) |
| Filing 5 Summons Issued as to Birch Benders, LLC. (sfb, COURT STAFF) (Filed on 4/8/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/30/2022. Initial Case Management Conference set for 7/7/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (sfb, COURT STAFF) (Filed on 4/8/2022) |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/21/2022. (bw, COURT STAFF) (Filed on 4/7/2022) |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 4/7/2022) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17067730.). Filed byBrittney Pino, Terri Gamino. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 4/7/2022) |
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