Wallenstein et al v. Mondelez International, Inc. et al
| David Wallenstein and Montgomery Summa |
| Mondelez International, Inc., Mondelez Global, LLC and Nabisco, Inc. |
| 3:2022cv06033 |
| October 13, 2022 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Alex G Tse |
| Constitutional - State Statute |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 Minute Entry for proceedings held by zoom videoconference before Judge Vince Chhabria: Initial Case Management Conference held on 4/28/2023. Parties are to confer and submit proposed stipulated scheduling order by Tuesday, 5/2/2023. Plaintiff will proceed as to California claims, as addressed in the Court's ruling issued 4/25/2023. Answer due 14 days from today.Digital Recording Time: 10:54 - 11:07 = 13 Minutes. Plaintiff Attorney: Courtney Vasquez. Defendant Attorney: Christina Wong. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 4/28/2023) |
Filing 40
Order by Judge Vince Chhabria granting in part and denying in part #21 Motion to Dismiss. (vclc2, COURT STAFF) (Filed on 4/25/2023)
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| Filing 39 JOINT CASE MANAGEMENT STATEMENT and RULE 26(F) REPORT filed by Montgomery Summa, David Wallenstein. (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 4/20/2023) |
| Filing 38 CLERK'S NOTICE CONTINUING 3/24/2023 FURTHER CASE MANAGEMENT CONFERENCE TO 4/28/2023, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Joint Case Management Statement due by 4/21/2023. Initial Case Management Conference reset to 4/28/2023 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, April 21, 2023 by 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/23/2023) |
| Filing 37 JOINT CASE MANAGEMENT STATEMENT AND RULE 26(F) REPORT filed by Montgomery Summa, David Wallenstein. (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 3/17/2023) |
| Filing 36 CLERK'S NOTICE RESCHEDULING THE CASE MANAGEMENT CONFERENCE, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. The hearing is being rescheduled due to the change in day of the week Judge Chhabria conducted Case Management Conferences.Case Management Statement due by 3/17/2023. Initial Case Management Conference set for 3/24/2023, 10:00 AM, via 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/vc 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 vccrd@cand.uscourts.gov no later than Thursday, March 16, 2023, at 10 a.m.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 3/2/2023) |
| Filing 35 Letter Brief filed byMontgomery Summa, David Wallenstein. (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 2/10/2023) |
| Filing 34 Supplemental Brief re 33 Order,,,, Set Deadlines/Hearings,,, #21 MOTION to Dismiss Class Action Complaint (Hearing Via Zoom) filed byMondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc.. (Related document(s) 33 , #21 ) (Goodman, Mark) (Filed on 2/10/2023) |
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Filing 33
ORDER RE: #21 the defendants' Motion to Dismiss and 22 the Initial Case Management Conference currently set for 2/8/2023. Although the #1 Complaint easily states a claim, the Court is reconsidering the position it took in Patterson v. RW Direct, Inc., et al., 2018 WL 6106379, at *1 (N.D. Cal. Nov. 21, 2018), on the issue of personal jurisdiction. Because the parties barely discussed this in their briefs (presumably on the assumption that the Court would reject the defendants' position in light of Patterson), they are invited to file supplemental letter briefs on personal jurisdiction not to exceed 5 pages, single-spaced, within 7 days of this order. The Initial Case Management Conference is continued to 3/8/2023 at 1:00 PM via Zoom. Signed by Judge Vince Chhabria on 2/3/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 2/3/2023)
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| Filing 32 JOINT CASE MANAGEMENT STATEMENT (L.R. 16-9) AND RULE 26(F) REPORT. (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 1/31/2023) Modified text on 2/1/2023 (dhm, COURT STAFF). |
| Filing 31 NOTICE of Change of Address by Courtney M Vasquez (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 1/26/2023) |
| Filing 30 CLERK'S NOTICE vacating the motion hearing scheduled for 1/19/2023, re #21 Motion to Dismiss. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 1/18/2023) |
| Filing 29 CLERK'S NOTICE CHANGING THE TIME FOR THE 1/19/2023, MOTION HEARING AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE #21 MOTION to Dismiss Class Action Complaint (Hearing Via Zoom). Motion Hearing set for 1/19/2023, 11:00 AM, via Videoconference Only before Judge Vince Chhabria. 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/vc 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 vccrd@cand.uscourts.gov no later than Wednesday, January 18, 2023, by 5 p.m.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 1/18/2023) |
| Filing 28 RESPONSE re #27 Reply to Opposition/Response, by Montgomery Summa, David Wallenstein. (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 1/6/2023) |
| Filing 27 REPLY (re #21 MOTION to Dismiss Class Action Complaint (Hearing Via Zoom) ) filed byMondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc.. (Attachments: #1 Objection to Plaintiffs' Request for Judicial Notice, #2 Declaration of Christina M. Wong in Support of Objection to Plaintiffs' Request for Judicial Notice, #3 Exhibit A to Declaration of Christina M. Wong - Garcia Decision)(Goodman, Mark) (Filed on 1/3/2023) |
| Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 12/28/2022) |
| Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 12/28/2022) |
| Filing 24 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss Class Action Complaint (Hearing Via Zoom) ) filed byMontgomery Summa, David Wallenstein. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Vasquez, Courtney) (Filed on 12/27/2022) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendants (Goodman, Mark) (Filed on 12/22/2022) |
| Filing 22 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 2/1/2023. Initial Case Management Conference set for 2/8/2023, 01:00 PM, via 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/vc Court Appearances: b> 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 vccrd@cand.uscourts.gov no later than Thursday, February 2, 2023, by 10:00 a.m.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/. ( This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 12/21/2022) |
| Filing 21 MOTION to Dismiss Class Action Complaint (Hearing Via Zoom) filed by Mondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc.. Motion Hearing set for 1/19/2023 10:00 AM before Judge Vince Chhabria. Responses due by 12/27/2022. Replies due by 1/3/2023. (Attachments: #1 Declaration of Christina M. Wong, #2 Exhibit A - 2022 1209 MDLZ Intl VA SOS Information, #3 Exhibit B - 2022 1209 MDLZ Global DE SOS Information, #4 Exhibit C - 2002 1213 Kraft SEC Form S-3)(Goodman, Mark) (Filed on 12/12/2022) |
| Filing 20 Certificate of Interested Entities by Montgomery Summa, David Wallenstein (Attachments: #1 Certificate of Service)(Vasquez, Courtney) (Filed on 11/10/2022) |
| Filing 19 Corporate Disclosure Statement by Mondelez Global, LLC identifying Corporate Parent Mondelez International, Inc. for Mondelez Global, LLC. (Wong, Christina) (Filed on 11/9/2022) |
| Filing 18 Corporate Disclosure Statement by Nabisco, Inc. identifying Corporate Parent Kraft Foods Global Brands LLC, Corporate Parent Mondelez Global LLC, Corporate Parent Mondelez International, Inc. for Nabisco, Inc.. (Wong, Christina) (Filed on 11/9/2022) |
| Filing 17 Corporate Disclosure Statement by Mondelez International, Inc. (Wong, Christina) (Filed on 11/9/2022) |
| Filing 16 Certificate of Interested Entities by Mondelez Global, LLC (Wong, Christina) (Filed on 11/9/2022) |
| Filing 15 Certificate of Interested Entities by Nabisco, Inc. (Wong, Christina) (Filed on 11/9/2022) |
| Filing 14 Certificate of Interested Entities by Mondelez International, Inc. (Wong, Christina) (Filed on 11/9/2022) |
| Filing 13 NOTICE of Appearance by Christina M. Wong as Additional Counsel of Record for Defendants (Wong, Christina) (Filed on 11/1/2022) |
| Filing 12 STIPULATION Extending Time to Respond to Complaint filed by Mondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc., Montgomery Summa, David Wallenstein. (Goodman, Mark) (Filed on 11/1/2022) Modified on 11/1/2022 (cjl, COURT STAFF). |
| Filing 11 SUMMONS Returned Executed by David Wallenstein, Montgomery Summa. Mondelez International, Inc. served on 10/21/2022, answer due 11/14/2022. (Vasquez, Courtney) (Filed on 10/25/2022) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Alex G. Tse 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 10/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 10/24/2022)
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| Filing 9 SUMMONS Returned Executed by David Wallenstein, Montgomery Summa. Nabisco, Inc. served on 10/20/2022, answer due 11/10/2022. (Vasquez, Courtney) (Filed on 10/24/2022) |
| Filing 8 SUMMONS Returned Executed by David Wallenstein, Montgomery Summa. Mondelez Global, LLC served on 10/20/2022, answer due 11/10/2022. (Vasquez, Courtney) (Filed on 10/24/2022) |
| Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 10/24/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Montgomery Summa, David Wallenstein.. (Vasquez, Courtney) (Filed on 10/18/2022) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/6/2023. Initial Case Management Conference set for 1/13/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (jml, COURT STAFF) (Filed on 10/13/2022) |
| Filing 4 Summons Issued as to Mondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc.. (jml, COURT STAFF) (Filed on 10/13/2022) |
| Filing 3 Case assigned to Magistrate Judge Alex G. Tse. 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 10/27/2022. (bw, COURT STAFF) (Filed on 10/13/2022) |
| Filing 2 Proposed Summons. (Vasquez, Courtney) (Filed on 10/13/2022) |
| Filing 1 COMPLAINT against Mondelez Global, LLC, Mondelez International, Inc., Nabisco, Inc. with jury demand ( Filing fee $ 402, receipt number ACANDC-17621558.). Filed by David Wallenstein, Montgomery Summa. (Attachments: #1 Exhibit A - CLRA Notice, #2 Exhibit B - Venue Affidavit, #3 Civil Cover Sheet)(Vasquez, Courtney) (Filed on 10/13/2022) Modified on 10/13/2022 (jml, COURT STAFF). |
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