Whalen et al v. Albertsons Companies Inc. et al
| Christine Whalen, Katherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky and Pam Ward |
| Albertsons Companies Inc., Kroger Co. and Cerberus Capital Management L.P. |
| 3:2023cv00459 |
| January 31, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Vince Chhabria |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| None |
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Filing 91
Order by Judge Vince Chhabria denying #28 the motion for a preliminary injunction and granting #40 #42 #48 the motions to dismiss. (vclc1, COURT STAFF) (Filed on 8/2/2023)
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| Filing 90 Transcript of Proceedings held on 07/27/23, before Judge Vince Chhabria. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 1:02 - 2:01. 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 #88 Transcript Order ) Redaction Request due 8/23/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 10/31/2023. (Related documents(s) #88 ) (Jauregui, Tara) (Filed on 8/2/2023) |
| Filing 89 TRANSCRIPT ORDER for proceedings held on 7/27/2023, before Judge Vince Chhabria for Court Reporter not listed - San Francisco, ordered by Lily Hough - FTC. (knm, COURT STAFF) (Filed on 8/1/2023) |
| Filing 88 TRANSCRIPT ORDER for proceedings held on 7/27/2023, before Judge Vince Chhabria for Court Reporter not listed - San Francisco, ordered by Tom Belles. (knm, COURT STAFF) (Filed on 8/1/2023) |
| Filing 87 TRANSCRIPT ORDER for proceedings held on 07/27/2023 before Judge Vince Chhabria by Kroger Co., for Court Reporter not listed - San Francisco. (Asimow, Daniel) (Filed on 7/31/2023) |
| Filing 86 TRANSCRIPT ORDER before Judge Vince Chhabria by Katherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen, for Court Reporter not listed - San Francisco. (Alioto, Joseph) (Filed on 7/31/2023) |
| Filing 85 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 7/27/2023 re #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof filed by Christine Whalen, #48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2) filed by Cerberus Capital Management L.P., #42 MOTION to Dismiss and Memorandum of Points and Authorities filed by Albertsons Companies Inc., #40 MOTION to Dismiss and Memorandum of Points and Authorities filed by Kroger Co. Oral arguments made and heard. Court to issue written ruling. Total Time in Court: 59 minutes. Court Reporter: Hearing recorded via Zoom: 1:02 - 2:01. Plaintiff Attorney: Joseph Alioto. Defendant Attorney: Edward Hassi (Albertsons), Matthew Wolf, Sonia Pfaffenroth, Daniel Asimow (Kroger), Russel Cohen (Cerberus Capital Management). (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 7/27/2023) |
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Filing 84
ORDER. The parties should be prepared to discuss the issues outlined in this order at tomorrow's hearing. Signed by Judge Vince Chhabria on July 26, 2023. (vclc1, COURT STAFF) (Filed on 7/26/2023)
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| Filing 83 CLERK'S NOTICE CONVERTING 7/27/2023 IN-PERSON HEARING TO ZOOM HEARING. #48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2), #42 MOTION to Dismiss and Memorandum of Points and Authorities, #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof, #40 MOTION to Dismiss and Memorandum of Points and Authorities Hearings reset to 7/27/2023 at 01:00 PM by 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. 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 Wednesday, July 26, 2023 by no later than 12:00PM.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 7/25/2023) |
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Filing 82
PROTECTIVE ORDER. Signed by Judge Laurel Beeler on 07/25/2023. (ejk, COURT STAFF) (Filed on 7/25/2023)
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| Filing 81 CLERK'S NOTICE ADVANCING 8/18/2023 INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference advanced due to unavailability of the Court. Joint Case Management Statement due by 8/4/2023. Initial Case Management Conference advanced to 8/11/2023 at 10:00 AM by 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 to the CRD at vccrd@cand.uscourts.gov no later than Friday, August 4, 2023, by no later than 12:00PM. 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 7/20/2023) |
| Filing 80 Minute Entry for proceedings held by Zoom before Magistrate Judge Laurel Beeler: Discovery Hearing held Re: #77 and #78 Joint Discovery Letter Briefs on 7/13/2023. The Court defers consideration of the timing of depositions until after an order is issued on the motions to dismiss with the caveat that plaintiff can revisit the issue if the timing of the order becomes problematic. The Court approves the modifications to the protective order. The Court will entertain a bellwether approach to confidentiality designations, if appropriate. Digital Recording Time: 12:56-1:27. Attorney for Plaintiffs: Joseph Alioto. Attorney for Defendant Albertsons: Edward Hassi. Attorneys for Defendant Kroger: Daniel Asimow and Sonia Pfaffenroth. Attorney for Defendant Cerberus Capital Management L.P.: Russell Cohen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 7/13/2023) |
| Set/Reset Hearing Discovery Hearing set for 7/13/2023 before Magistrate Judge Laurel Beeler at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. 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/lb 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/. (Beeler, Laurel) (Filed on 7/1/2023) |
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Filing 79
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Vince Chhabria on 6/29/2023. (bxs, COURT STAFF) (Filed on 6/29/2023)
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| CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (mkl, COURT STAFF) (Filed on 6/29/2023) |
| Filing 78 Joint Discovery Letter Brief filed by Kroger Co.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Asimow, Daniel) (Filed on 6/23/2023) |
| Filing 77 Joint Discovery Letter Brief filed by Kroger Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Asimow, Daniel) (Filed on 6/23/2023) |
| Filing 76 REPLY (re #48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2) ) filed byCerberus Capital Management L.P.. (Cohen, Russell) (Filed on 5/25/2023) |
| Filing 75 REPLY (re #42 MOTION to Dismiss and Memorandum of Points and Authorities ) /Reply in Support of Albertsons' Motion to Dismiss filed byAlbertsons Companies Inc.. (Attachments: #1 Declaration /Supplemental Declaration of Edward D. Hassi, #2 Exhibit S) Hassi Decl. Albertsons 2022 10-K Part 1, #3 Exhibit S) Hassi Decl. Albertsons 2022 10-K Part 2)(Hassi, Edward) (Filed on 5/25/2023) |
| Filing 74 REPLY (re #40 MOTION to Dismiss and Memorandum of Points and Authorities ) to Plaintiffs' Opposition to Motion to Dismiss #71 filed byKroger Co.. (Asimow, Daniel) (Filed on 5/25/2023) |
| Filing 73 OPPOSITION/RESPONSE (re #48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2) ) Plaintiffs' Memorandum in Opposition to Cerberus' Motion to Dismiss filed byKatherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen. (Papale, Lawrence) (Filed on 5/11/2023) |
| Filing 72 OPPOSITION/RESPONSE (re #42 MOTION to Dismiss and Memorandum of Points and Authorities ) Plaintiffs' Memorandum in Opposition to Albertsons' Motion to Dismiss filed byKatherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen. (Papale, Lawrence) (Filed on 5/11/2023) |
| Filing 71 OPPOSITION/RESPONSE (re #40 MOTION to Dismiss and Memorandum of Points and Authorities ) Plaintiffs' Memorandum in Opposition to Kroger Motion to Dismiss and Declaration in Support filed byKatherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen. (Attachments: #1 Declaration Declaration of Lawrence G. Papale, #2 Exhibit A-Location of Stores by State, #3 Exhibit B-Location of Stores Nationwide)(Papale, Lawrence) (Filed on 5/11/2023) Modified on 5/12/2023 (mcl, COURT STAFF). |
| Filing 70 CLERK'S NOTICE CONTINUING 6/2/2023 CMC, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Joint Case Management Statement due by 8/11/2023. Initial Case Management Conference reset to 8/18/2023 at 10:00 AM by 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, August 11, 2023, at 12:00PM.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 5/9/2023) |
| Filing 69 CLERK'S NOTICE RE #68 . Responses due by 5/11/2023. Replies due by 5/25/2023. #48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2), #42 MOTION to Dismiss and Memorandum of Points and Authorities, #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof, #40 MOTION to Dismiss and Memorandum of Points and Authorities Hearing reset to 7/27/2023 at 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Joint Case Management Statement due by 5/26/2023. Initial Case Management Conference reset to 6/2/2023 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.)(bxs, COURT STAFF) (Filed on 5/8/2023) |
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Filing 68
Order by Judge Vince Chhabria granting #66 Stipulation Modifying Hearing Dates and Briefing Schedule. (bxs, COURT STAFF) (Filed on 5/8/2023)
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| Filing 67 REPLY (re #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof ) filed byKatherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen. (Attachments: #1 Alioto Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U)(Papale, Lawrence) (Filed on 5/4/2023) Modified on 5/5/2023 (mcl, COURT STAFF). |
| Filing 66 STIPULATION WITH PROPOSED ORDER Modifying Hearing Dates and Briefing Schedule filed by Katherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen. (Papale, Lawrence) (Filed on 5/3/2023) |
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Filing 65
ORDER. If the parties would like to change the date of the hearings on the motions to dismiss and motion for preliminary injunction, they should file a renewed stipulation consistent with the Court's prior order by noon on May 4, 2023. Signed by Judge Vince Chhabria on 5/2/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 5/2/2023)
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| Filing 64 CLERK'S NOTICE CONTINUING 5/5/2023 INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 5/19/2023. Initial Case Management Conference reset to 5/26/2023 at 10:00 AM by 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, May 19, 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 4/27/2023) |
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Filing 63
ORDER. The #62 stipulation re the schedule for the motions to dismiss and motion for preliminary injunction is denied. If the plaintiffs believe they need a ruling on their preliminary injunction motion before July 1 (as they seem to imply), the hearing must take place no later than May 25. Moreover, the Court is unavailable in the latter part of June and early July. If the plaintiffs do not truly need a ruling before July 1, then the Court would entertain a request to schedule the hearings for July 20 or thereabouts. If the parties would like to change the current schedule, they should file a renewed stipulation consistent with this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1, COURT STAFF) (Filed on 4/27/2023)
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| Filing 62 STIPULATION WITH PROPOSED ORDER Re Briefing Schedule and Hearing Date filed by Christine Whalen. (Papale, Lawrence) (Filed on 4/25/2023) |
| Filing 61 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs (Papale, Lawrence) (Filed on 4/25/2023) |
| Filing 60 NOTICE of Change In Counsel by David H. Seidel NOTICE OF WITHDRAWAL OF COUNSEL (Seidel, David) (Filed on 4/24/2023) |
| Filing 59 NOTICE of Change In Counsel by Cadio R. Zirpoli NOTICE OF WITHDRAWAL OF COUNSEL (Zirpoli, Cadio) (Filed on 4/24/2023) |
| Filing 58 NOTICE of Change In Counsel by Steven Noel Williams NOTICE OF WITHDRAWAL OF COUNSEL (Williams, Steven) (Filed on 4/24/2023) |
| Filing 57 NOTICE of Change In Counsel by Joseph R. Saveri NOTICE OF WITHDRAWAL OF COUNSEL (Saveri, Joseph) (Filed on 4/24/2023) |
| Filing 56 Joinder re #53 Opposition/Response to Motion, / Albertsons Companies, Inc.'s Notice of Joinder in Defendant The Kroger Co.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction by Albertsons Companies Inc.. (Hassi, Edward) (Filed on 4/20/2023) |
| Filing 55 OPPOSITION/RESPONSE (re #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof ) filed byCerberus Capital Management L.P.. (Attachments: #1 Declaration of Alexander D. Benjamin in Support of Defendant Cerberus Capital Management, L. P.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction)(Cohen, Russell) (Filed on 4/20/2023) |
| Filing 54 OPPOSITION/RESPONSE (re #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof ) / Defendant Albertsons Companies, Inc.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction filed byAlbertsons Companies Inc.. (Attachments: #1 Declaration of Edward D. Hassi in Support of Defendant Albertsons Companies, Inc.'s Opposition to Plaintiffs' Motion for a Preliminary Injunction, #2 Exhibit P to Hassi Declaration - Declaration of Sharon McCollam (Nov. 4, 2022), #3 Exhibit Q to Hassi Declaration - Declaration of Professor David Smith (Nov. 4, 2022), #4 Exhibit R to Hassi Declaration - Declaration of Sharon McCollam (Dec. 8, 2022))(Hassi, Edward) (Filed on 4/20/2023) |
| Filing 53 OPPOSITION/RESPONSE (re #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof ) filed byKroger Co.. (Attachments: #1 Declaration of Gary Millerchip In Support of Opposition to Motion for a Preliminary Injunction, #2 Exhibit 1 to Declaration of Gary Millerchip)(Asimow, Daniel) (Filed on 4/20/2023) |
| Filing 52 Certificate of Interested Entities by Christine Whalen (Plaintiffs) (Papale, Lawrence) (Filed on 4/19/2023) |
| Filing 51 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cohen, Russell) (Filed on 4/18/2023) |
| Filing 50 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Asimow, Daniel) (Filed on 4/14/2023) |
| Filing 49 Certificate of Interested Entities by Cerberus Capital Management L.P. identifying Other Affiliate Cerberus Albertsons Incentive LLC, Other Affiliate Cerberus Iceberg LLC, Other Affiliate Craig Court GP, LLC, Other Affiliate Craig Court, Inc., Other Affiliate Stephen Feinberg for Cerberus Capital Management L.P.. Cerberus Capital Management, L.P.'s Certificate of Conflicts and Interested Entities or Persons Pursuant to Civil L.R. 3-15 (Cohen, Russell) (Filed on 4/14/2023) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, do not bypass the screen ,enter all affiliates or corporate parents.This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #47 Certificate of Interested Entities filed by Cerberus Capital Management L.P. (mcl, COURT STAFF) (Filed on 4/14/2023) |
| Filing 48 MOTION to Dismiss Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Cerberus Capital Management L.P.'s Motion to Dismiss Plaintiffs' Section 1 Claim Against Cerberus (Count 2) filed by Cerberus Capital Management L.P.. Motion Hearing set for 5/18/2023 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Vince Chhabria. Responses due by 4/27/2023. Replies due by 5/4/2023. (Cohen, Russell) (Filed on 4/13/2023) |
| Filing 47 * ERRONEOUS ENTRY. SEE #49 * Certificate of Interested Entities by Cerberus Capital Management L.P. Cerberus Capital Management L.P. Certificate of Conflicts and Interested Entities or Persons Pursuant to Civil L.R. 3-15 (Cohen, Russell) (Filed on 4/13/2023) Modified on 4/14/2023 (mcl, COURT STAFF). |
| Filing 46 Rule 7.1 Disclosures by Cerberus Capital Management L.P. Cerberus Capital Management L.P. Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 (Cohen, Russell) (Filed on 4/13/2023) |
| Filing 45 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hassi, Edward) (Filed on 4/13/2023) |
| Filing 44 Joinder re #40 MOTION to Dismiss and Memorandum of Points and Authorities / Albertsons Companies, Inc.'s Notice of Joinder in the Kroger Co.'s Motion to Dismiss by Albertsons Companies Inc.. (Hassi, Edward) (Filed on 4/12/2023) |
| Filing 43 Request for Judicial Notice re #42 MOTION to Dismiss and Memorandum of Points and Authorities / Request for Judicial Notice in Support of Defendant Albertsons Companies, Inc.'s Motion to Dismiss filed byAlbertsons Companies Inc.. (Related document(s) #42 ) (Hassi, Edward) (Filed on 4/12/2023) |
| Filing 42 MOTION to Dismiss and Memorandum of Points and Authorities filed by Albertsons Companies Inc.. Motion Hearing set for 5/18/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 4/26/2023. (Attachments: #1 Declaration of Edward D. Hassi in Support of Motion to Dismiss, #2 Exhibit A (Part 1 of 2) - Albertsons 4/26/2022 Form 10-K, #3 Exhibit A (Part 2 of 2) - Albertsons 4/26/2022 Form 10-K, #4 Exhibit B - Albertsons 4/11/2023 Form 8-K, #5 Exhibit C - Albertsons 01/24/2023 Schedule 14C, #6 Exhibit D (Part 1 of 2) - Albertsons 10/14/2022 Form 8-K, #7 Exhibit D (Part 2 of 2) - Albertsons 10/14/2022 Form 8-K, #8 Exhibit E - D.D.C. Complaint, #9 Exhibit F - Washington Litigation Complaint, #10 Exhibit G - D.D.C. TRO Transcript, #11 Exhibit H - D.C. Circuit Order denying injunction pending appeal, #12 Exhibit I - Washington Litigation Order denying preliminary injunction, #13 Exhibit J - Washington Supreme Court order granting emergency motion for injunctive relief, #14 Exhibit K - Washington Supreme Court order terminating review, #15 Exhibit L - Washington Litigation order granting voluntary dismissal, #16 Exhibit M - D.D.C. notice of voluntary dismissal, #17 Exhibit N - D.D.C. Plaintiffs' memo in support of motion for preliminary injunction, #18 Exhibit O - Albertsons 10/19/2022 Form 10-Q)(Hassi, Edward) (Filed on 4/12/2023) |
| Filing 41 Corporate Disclosure Statement by Albertsons Companies Inc. / Defendant Albertsons Companies, Inc.'s Corporate Disclosure Statement and Certification of Interested Entities or Persons (Hassi, Edward) (Filed on 4/12/2023) |
| Filing 40 MOTION to Dismiss and Memorandum of Points and Authorities filed by Kroger Co.. Motion Hearing set for 5/18/2023 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Vince Chhabria. Responses due by 4/26/2023. Replies due by 5/3/2023. (Asimow, Daniel) (Filed on 4/12/2023) |
| Filing 39 Corporate Disclosure Statement by Kroger Co. and Certification of interested Entities or Persons (Asimow, Daniel) (Filed on 4/12/2023) |
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Filing 38
Order by Judge Vince Chhabria granting #36 Motion for Pro Hac Vice as to Thomas Miller. (bxs, COURT STAFF) (Filed on 4/12/2023)
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Filing 37
Order by Judge Vince Chhabria granting #35 Motion for Pro Hac Vice as to Andrew Levander. (bxs, COURT STAFF) (Filed on 4/12/2023)
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| Filing 36 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18164001.) filed by Cerberus Capital Management L.P.. (Attachments: #1 Miller - PA Good Standing Certificate)(Miller, Thomas) (Filed on 4/12/2023) |
| Filing 35 MOTION for leave to appear in Pro Hac Vice by Andrew J. Levander ( Filing fee $ 317, receipt number ACANDC-18162210.) filed by Cerberus Capital Management L.P.. (Levander, Andrew) (Filed on 4/11/2023) |
| Filing 34 NOTICE of Appearance by Joseph David Trujillo on behalf of Cerberus Capital Management, L.P. (Trujillo, Joseph) (Filed on 4/11/2023) |
| Filing 33 NOTICE of Appearance by Russell P. Cohen on behalf of Cerberus Capital Management, L.P. (Cohen, Russell) (Filed on 4/11/2023) |
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Filing 32
Order by Judge Vince Chhabria granting #31 Motion for Pro Hac Vice as to Kolya Glick. (bxs, COURT STAFF) (Filed on 4/11/2023)
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| Filing 31 MOTION for leave to appear in Pro Hac Vice by Kolya D. Glick ( Filing fee $ 317, receipt number ACANDC-18159387.) filed by Kroger Co.. (Glick, Kolya) (Filed on 4/11/2023) |
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Filing 30
Order by Judge Vince Chhabria granting #29 Stipulation Modifying Briefing Schedule And Hearing Date For Plaintiffs Motion For Preliminary Injunction. (bxs, COURT STAFF) (Filed on 4/3/2023)
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| Set/Reset Deadlines as to #28 MOTION for Preliminary Injunction and Memorandum in Support Thereof: Responses due by 4/20/2023. Replies due by 5/4/2023. Motion Hearing reset for 5/18/2023 at 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Vince Chhabria. (bxs, COURT STAFF) (Filed on 4/3/2023) |
| Filing 29 STIPULATION WITH PROPOSED ORDER Modifying Briefing Schedule And Hearing Date For Plaintiffs Motion For Preliminary Injunction filed by Kroger Co.. (Asimow, Daniel) (Filed on 3/29/2023) |
| Filing 28 MOTION for Preliminary Injunction and Memorandum in Support Thereof filed by Christine Whalen. Motion Hearing set for 4/27/2023 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 4/6/2023. Replies due by 4/13/2023. (Attachments: #1 Declaration Joseph M. Alioto, #2 Exhibit A Chart, Section 7 Cases, #3 Exhibit B Comparison to Von's Grocery, #4 Exhibit C Market Share US Grocerie, #5 Exhibit D Pre-Acquisition Rankings, #6 Exhibit E Location of Stores Nationwide, #7 Exhibit F The Grocery Cartels, #8 Exhibit G Post-Acquisition Rankings)(Papale, Lawrence) (Filed on 3/23/2023) |
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Filing 27
Order by Judge Vince Chhabria granting #21 Motion for Pro Hac Vice - Wolf.(knm, COURT STAFF) (Filed on 3/7/2023)
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Filing 26
Order by Judge Vince Chhabria granting #20 Motion for Pro Hac Vice - Bernstein.(knm, COURT STAFF) (Filed on 3/7/2023)
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Filing 25
Order by Judge Vince Chhabria granting #19 Motion for Pro Hac Vice - Martin.(knm, COURT STAFF) (Filed on 3/7/2023)
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Filing 24
Order by Judge Vince Chhabria granting #15 Motion for Pro Hac Vice - Abraham.(knm, COURT STAFF) (Filed on 3/7/2023)
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Filing 23
Order by Judge Vince Chhabria granting #14 Motion for Pro Hac Vice - Selden.(knm, COURT STAFF) (Filed on 3/7/2023)
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| 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 4/28/2023. Initial Case Management Conference set for 5/5/2023, 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 Friday, April 28, 2023, by 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 3/6/2023) |
| Filing 21 MOTION for leave to appear in Pro Hac Vice - Matthew M. Wolf ( Filing fee $ 317, receipt number ACANDC-18020668.) filed by Kroger Co.. (Wolf, Matthew) (Filed on 2/24/2023) |
| Filing 20 MOTION for leave to appear in Pro Hac Vice - Michael B. Bernstein ( Filing fee $ 317, receipt number ACANDC-18020581.) filed by Kroger Co.. (Bernstein, Michael) (Filed on 2/24/2023) |
| Filing 19 MOTION for leave to appear in Pro Hac Vice of Leah Martin ( Filing fee $ 317, receipt number ACANDC-18020310.) filed by Albertsons Companies Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Martin, Leah) (Filed on 2/24/2023) |
| Filing 18 NOTICE of Appearance by Sonia Noelle Pfaffenroth (Pfaffenroth, Sonia) (Filed on 2/24/2023) |
| Filing 17 STIPULATION for Extension of Time to Respond to Complaint Pursuant to Local Rule 6-1 filed by Kroger Co.. (Asimow, Daniel) (Filed on 2/23/2023) |
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Filing 16
Order by Judge Vince Chhabria granting #13 Motion for Pro Hac Vice - Hassi.(knm, COURT STAFF) (Filed on 2/23/2023)
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| Filing 15 MOTION for leave to appear in Pro Hac Vice J. Robert Abraham ( Filing fee $ 317, receipt number ACANDC-18014784.) filed by Albertsons Companies Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Abraham, Johan) (Filed on 2/23/2023) |
| Filing 14 MOTION for leave to appear in Pro Hac Vice Shannon R. Selden ( Filing fee $ 317, receipt number ACANDC-18014679.) filed by Albertsons Companies Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Selden, Shannon) (Filed on 2/23/2023) |
| Filing 13 MOTION for leave to appear in Pro Hac Vice Edward D. Hassi ( Filing fee $ 317, receipt number ACANDC-18014570.) filed by Albertsons Companies Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Hassi, Edward) (Filed on 2/23/2023) |
| Filing 12 NOTICE of Appearance by John M. Neukom (Neukom, John) (Filed on 2/23/2023) |
| Filing 11 SUMMONS Returned Executed by Gabriel Garavanian, Sondra Russell, Pam Faust, Lisa McCarthy, Katherine Arcell, June Stansbury, Christine Whalen, Timothy Niebor, Clyde Stensrud, Len Marazzo, Jocelyn Gardner, Pam Ward, Brenda Davis, Jose Brito, Don Freeland, Harry Garavanian, Bill Rubinsohn, Valerie Jolly, Michael Malaney, Carolyn Fjord, Jan-Marie Brown, Gary Talewsky, Deborah Pulfer, Donald Fry, Rosemary D'Augusta. Albertsons Companies Inc. served on 2/8/2023, answer due 3/1/2023. (Alioto, Joseph) (Filed on 2/10/2023) |
| Filing 10 SUMMONS Returned Executed by Gabriel Garavanian, Sondra Russell, Pam Faust, Lisa McCarthy, Katherine Arcell, June Stansbury, Christine Whalen, Timothy Niebor, Clyde Stensrud, Len Marazzo, Jocelyn Gardner, Pam Ward, Brenda Davis, Jose Brito, Don Freeland, Harry Garavanian, Bill Rubinsohn, Valerie Jolly, Michael Malaney, Carolyn Fjord, Jan-Marie Brown, Gary Talewsky, Deborah Pulfer, Donald Fry, Rosemary D'Augusta. Kroger Co. served on 2/8/2023, answer due 3/1/2023. (Alioto, Joseph) (Filed on 2/10/2023) |
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Filing 9
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 Laurel Beeler 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 02/06/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 2/6/2023)
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| Filing 8 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. (ejk, COURT STAFF) (Filed on 2/6/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Katherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen.. (Alioto, Joseph) (Filed on 2/6/2023) |
| Filing 6 Summons Issued as to Albertsons Companies Inc., Cerberus Capital Management L.P., Kroger Co. (mcl, COURT STAFF) (Filed on 2/3/2023) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2023. Initial Case Management Conference set for 5/4/2023 11:00 AM. (mcl, COURT STAFF) (Filed on 2/3/2023) |
| Filing 4 Proposed Summons. (Alioto, Joseph) (Filed on 2/3/2023) |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. 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 2/17/2023. (ark, COURT STAFF) (Filed on 2/3/2023) |
| Filing 2 Civil Cover Sheet by Katherine Arcell, Jose Brito, Jan-Marie Brown, Rosemary D'Augusta, Brenda Davis, Pam Faust, Carolyn Fjord, Don Freeland, Donald Fry, Gabriel Garavanian, Harry Garavanian, Jocelyn Gardner, Valerie Jolly, Michael Malaney, Len Marazzo, Lisa McCarthy, Timothy Niebor, Deborah Pulfer, Bill Rubinsohn, Sondra Russell, June Stansbury, Clyde Stensrud, Gary Talewsky, Pam Ward, Christine Whalen . (Alioto, Joseph) (Filed on 2/3/2023) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17954753.). Filed byGabriel Garavanian, Sondra Russell, Pam Faust, Lisa McCarthy, Katherine Arcell, June Stansbury, Christine Whalen, Timothy Niebor, Clyde Stensrud, Len Marazzo, Jocelyn Gardner, Pam Ward, Brenda Davis, Jose Brito, Don Freeland, Harry Garavanian, Bill Rubinsohn, Valerie Jolly, Michael Malaney, Carolyn Fjord, Jan-Marie Brown, Gary Talewsky, Deborah Pulfer, Donald Fry, Rosemary D'Augusta. (Alioto, Joseph) (Filed on 2/2/2023) |
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