P. et al v. Beech-Nut Nutrition Company, Inc. et al
| D.P.U, D. M. P., Annie Pompa Morejon, C. V. P., Ruby Perez Chino, C. R. C., America Cardona, J. P., Jesenia Plascencia, D.P., Margaret Petneaud, Adriana Munoz, A M, E. R. and Fanny Lopez |
| Beech-Nut Nutrition Company, Inc., Gerber Products Company, Plum PBC doing business as Plum Organics, Sprout Foods Inc., WALMART INC., Hain Celestial Group, Inc. and Nurture Inc. |
| 3:2024cv02828 |
| May 10, 2024 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 116 Case transferred in from District of Nevada; Case Number 2:23-cv-00344. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED: USDC- Las Vegas Nevada, 2:23-cv-00344, P. et al v. Beech-Nut Nutrition Company, Inc. et al, Opened in California Northern District as 24-02828-JSC pursuant to Conditional Transfer Order CTO1 cc: JPMDL (hdj, COURT STAFF) (Filed on 5/13/2024) |
| Filing 115 TRANSMITTAL of case to the Northern District of California. Case and docket sheet transferred electronically. (no image attached) (CC: SFmdl_Clerk@cand.uscourts.gov - CT) |
| Filing 114 CERTIFIED MDL CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the District of California. Signed by MDL Panel on 10/26/2023 (Copies have been distributed pursuant to the NEF - CT) |
| Filing 113 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/8/2024. By Law Clerk: C. Denbow On February 6, 2024, the parties filed a Stipulation extending the deadline to file a discovery plan and scheduling order to May 6, 2024. ECF No. #97 . The Court granted the Stipulation the next day. ECF No. #98 . Despite the parties Stipulation, no discovery plan and scheduling order was submitted.Accordingly, IT IS HEREBY ORDERED that the parties must submit a stipulated discovery plan and scheduling order no later than May 22, 2024. (no image attached) (Copies have been distributed pursuant to the NEF - CMD) |
Filing 112
ORDER Granting #100 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael Klatt for Sprout Foods, Inc. and approving Designation of Local Counsel for Attorney Lori Brown. Signed by Judge Cristina D. Silva on 3/13/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - RJDG)
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Filing 111
ORDER Granting #96 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Nancy M. Erfle for Sprout Foods, Inc. and approving Designation of Local Counsel for Attorney Lori Brown. Signed by Judge Cristina D. Silva on 3/13/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - RJDG)
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Filing 110
ORDER Granting #95 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Julie Bardacke Haddon for Sprout Foods, Inc. and approving Designation of Local Counsel for Attorney Lori Brown. Signed by Judge Cristina D. Silva on 3/13/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 109 NOTICE of Corrected Image/Document re #100 Motion for Permission to Practice Pro Hac Vice - Verified Petition, #105 Notice of Corrected Image/Document for attorney Michael Klatt, by Defendant Sprout Foods, Inc.. (Service of corrected image is attached.). (Brown, Lori) |
| Filing 108 NOTICE of Corrected Image/Document re #96 Motion for Permission to Practice Pro Hac Vice - Verified Petition, #107 Notice of Corrected Image/Document for attorney Nancy M. Erfle, by Defendant Sprout Foods, Inc.. (Service of corrected image is attached.). (Brown, Lori) |
| Filing 107 NOTICE of Corrected Image/Document re #96 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Nancy M. Erfle, by Defendant Sprout Foods, Inc.. (Service of corrected image is attached.). (Brown, Lori) |
| Filing 106 NOTICE of Corrected Image/Document re #95 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Julie Bardacke Haddon, by Defendant Sprout Foods, Inc.. (Service of corrected image is attached.). (Brown, Lori) |
| Filing 105 NOTICE of Corrected Image/Document re #100 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Michael Klatt, by Defendant Sprout Foods, Inc.. (Service of corrected image is attached.). (Brown, Lori) |
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Filing 104
ORDER Granting #99 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Hope Freiwald for Plum PBC and approving Designation of Local Counsel Attorney Joel E. Tasca. Signed by Judge Cristina D. Silva on 2/13/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 103 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/13/2024. I defer ruling on the verified petition to practice pro hac vice by Michael Klatt (ECF No. #100 ) because it does not comply with Local Rule IA 11-2. Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." LR IA 11-2(b)(3). The petition also does not comply with the designation of resident counsel requirements. The final page of the petition does not include the name, title, or signature of a representative of defendant Sprout Foods, Inc. Counsel instead provided the petitioning attorney's signature on that page. Counsel is advised to correct the deficiencies on an amended petition and then file it using the "Notice of Corrected Image/Document" event to link it to the existing filing (ECF No. #100 ) by March 5, 2024. Failure to amend by that date will result in denial of the petition. (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 102 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/13/2024. I defer ruling on the verified petition to practice pro hac vice by Nancy Erfle (ECF No. #96 ) because it does not comply with Local Rule IA 11-2. Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." LR IA 11-2(b)(3) (emphasis added). Counsel provided a certificate of good standing from Oregon, but the petitioner is also admitted in Washington and Montana. The petition also does not comply with the designation of resident counsel requirements. The final page of the petition does not include the name, title, or signature of a representative of defendant Sprout Foods, Inc. Counsel instead provided the petitioning attorney's signature on that page. Counsel is advised to correct the deficiencies on an amended petition and then file it using the "Notice of Corrected Image/Document" event to link it to the existing filing (ECF No. #96 ) by March 5, 2024. Failure to amend by that date will result in denial of the petition.(no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 101 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/13/2024. I defer ruling on the verified petition to practice pro hac vice by Julie Haddon (ECF No. #95 ) because it does not comply with Local Rule IA 11-2. Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." LR IA 11-2(b)(3) (emphasis added). Counsel provided a certificate of good standing from Oregon, but the petitioner is also admitted in California, Washington, and New Mexico. The petition also does not comply with the designation of resident counsel requirements. The final page of the petition does not include the name, title, or signature of a representative of defendant Sprout Foods, Inc. Counsel instead provided the petitioning attorney's signature on that page. Counsel is advised to correct the deficiencies on an amended petition and then file it using the "Notice of Corrected Image/Document" event to link it to the existing filing (ECF No. #95 ) by March 5, 2024. Failure to amend by that date will result in denial of the petition.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 100 See #109 Notice of Corrected Image MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael Klatt and DESIGNATION of Local Counsel Lori N. Brown (Filing fee $ 250 receipt number ANVDC-7580772) by Defendant Sprout Foods, Inc.. (Brown, Lori) Modified on 3/5/2024 (HAM). Modified on 3/6/2024 (HAM). |
| Filing 99 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Hope Freiwald and DESIGNATION of Local Counsel Joel E. Tasca (Filing fee $ 250 receipt number ANVDC-7580444) by Defendant Plum PBC. (Attachments: #1 Exhibit 1 - Pennsylvania Certificate of Good Standing, #2 Exhibit 2 - New Jersey Certificate of Good Standing)(Tasca, Joel) |
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Filing 98
ORDER Granting #97 Stipulation to Extend Time. Discovery Plan/Scheduling Order due by 5/6/2024. Signed by Magistrate Judge Elayna J. Youchah on 2/7/2024. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 97 STIPULATION FOR EXTENSION OF TIME (Second Request) to Meet and Confer and File a Proposed Discovery Plan and Scheduling Order re #71 Order on Motion to Sever,,,,, Order on Motion to Amend/Correct,,,,,,,,, by Defendant Gerber Products Company. (Mercera, Maria) (extend) (presiding) |
| Filing 96 See #108 Notice of Corrected Image MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nancy M. Erfle and DESIGNATION of Local Counsel Lori N. Brown (Filing fee $ 250 receipt number ANVDC-7576822) by Defendant Sprout Foods, Inc.. (Brown, Lori) Modified on 3/5/2024 (HAM). Modified on 3/6/2024 (HAM). |
| Filing 95 See #106 Notice of Corrected Image MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Julie Bardacke Haddon and DESIGNATION of Local Counsel Lori N. Brown (Filing fee $ 250 receipt number ANVDC-7576809) by Defendant Sprout Foods, Inc.. (Brown, Lori) Modified on 3/5/2024 (HAM). |
| Filing 94 ANSWER to #74 Amended Complaint, with Jury Demand Defendant Nurture, LLC's Answer to First Amended Complaint, Affirmative Defenses, and Demand for Jury Trial filed by Nurture Inc..(Fears, Chad) |
| Filing 93 ANSWER to #74 Amended Complaint, with Jury Demand filed by Hain Celestial Group Inc..(Peterson, Tamara) |
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Filing 92
ORDER APPROVING ECF No. #91 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Katherine Unger Davis for Plum PBC and approving Designation of Local Counsel Joel E. Tasca. Signed by Judge Cristina D. Silva on 1/11/2024. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 91 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Katherine Elizabeth Unger and DESIGNATION of Local Counsel Joel E. Tasca (Filing fee $ 250 receipt number ANVDC-7547569) by Defendant Plum PBC. (Attachments: #1 Exhibit PA Bar - Certificate of Good Standing)(Tasca, Joel) |
| Filing 90 CERTIFICATE of Interested Parties by Nurture Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Danone, S.A., Other Affiliate Happy Family Holding Company, LLC, Other Affiliate Danone US, LLC, Other Affiliate Danone US, LLC, Other Affiliate Danone US, Inc. for Nurture Inc. added.. (Fears, Chad) |
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Filing 89
ORDER granting ECF No. #87 Stipulation for Extension of Time. Hain Celestial Group Inc. and Nurture Inc. answer/response re ECF No. #74 due 1/17/2024. Signed by Magistrate Judge Elayna J. Youchah on 12/18/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 88 CERTIFICATE of Interested Parties by Hain Celestial Group Inc.. There are no known interested parties other than those participating in the case. (Peterson, Tamara) |
| Filing 87 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to First Amended Complaint by Defendant Hain Celestial Group Inc.. (Peterson, Tamara) (extend) (answer) |
| Filing 86 SUMMONS Returned Executed by Jesenia Plascencia, Adriana Munoz, C. R. C., J. P., A. M., D. M. P., Fanny Lopez, America Cardona, D.P.U, Ruby Perez Chino, E. R., C. V. P., Margaret Petneaud, Annie Pompa Morejon re #74 Amended Complaint,. Hain Celestial Group Inc. served on 11/27/2023. (Lemkul, William) |
| Filing 85 SUMMONS Returned Executed by Jesenia Plascencia, Adriana Munoz, C. R. C., J. P., A. M., D. M. P., Fanny Lopez, America Cardona, D.P.U, Ruby Perez Chino, E. R., C. V. P., Margaret Petneaud, Annie Pompa Morejon re #74 Amended Complaint,. Nurture Inc. served on 11/27/2023. (Lemkul, William) |
| Filing 84 ANSWER to #74 Amended Complaint, with Jury Demand filed by Plum PBC.(Chavez, David) |
| Filing 83 ANSWER to #74 Amended Complaint, with Jury Demand filed by Gerber Products Company.(Mercera, Maria) |
| Filing 82 ANSWER to #74 Amended Complaint, filed by Beech-Nut Nutrition Company, Inc..(Wiley, Jason) |
| Filing 81 ANSWER to #74 Amended Complaint, filed by Walmart, Inc..(Wiley, Jason) |
| Filing 80 ANSWER to #74 Amended Complaint, filed by Sprout Foods, Inc..(Brown, Lori) |
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Filing 79
ORDER Granting #78 Stipulation for Extension of Time. IT IS ORDERED that that the deadline for the Parties to commence discussions on the scope of joint discovery and joint dispositive motion practice as set forth in this Court's October 24, 2023 Order shall be extended until 7 days after Hain and Nurture file their responsive pleading to the First Amended Complaint or otherwise appear. IT IS FURTHER ORDERED that the deadline to file a Discovery Plan and Scheduling Order as set forth in the October 24, 2023 Order, shall be extended until 20 days after Hain and Nurture file their responsive pleading or otherwise appear. Signed by Magistrate Judge Elayna J. Youchah on 11/7/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 78 STIPULATION FOR EXTENSION OF TIME (First Request) to Meet and Confer and File a Proposed Discovery Plan and Scheduling Order re #71 Order on Motion to Sever,,,,, Order on Motion to Amend/Correct,,,,,,,,, by Defendant Gerber Products Company. (Mercera, Maria) (extend) (referral) |
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Filing 77
ORDER Granting #75 Stipulation for Substitution of Counsel for Defendant Sprout Foods, Inc. Signed by Judge Cristina D. Silva on 11/6/2023. Attorney David W Gutke and Attorney Hayley E. Miller terminated for Defendant Sprout Foods, Inc. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 76 SUMMONS ISSUED as to Hain Celestial Group Inc., Nurture Inc. re #74 Amended Complaint. (RGDG) |
| Filing 75 STIPULATION and Proposed Order by Defendant Sprout Foods, Inc.. (Brown, Lori) (other) (attorney) |
| Filing 74 First AMENDED COMPLAINT with Jury Demand against All Defendants by Jesenia Plascencia, C. R. C., J. P., D. M. P., America Cardona, D.P.U, Ruby Perez Chino, C. V. P., Margaret Petneaud, Annie Pompa Morejon, Adriana Munoz, A. M., E. R., Fanny Lopez. Adds new parties. (Attachments: #1 Summons Hain Celestial Group Inc., #2 Summons Nurture Inc.) (Lemkul, William) |
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Filing 73
ORDER Granting #72 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 10/28/2023.(Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 72 STIPULATION FOR EXTENSION OF TIME (Second Request) to Serve Initial Disclosures re #47 Order on Stipulation,,,,, by Defendant Gerber Products Company. (Mercera, Maria) (extend) (discovery) |
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Filing 71
ORDER - Defendants' Joint Motion to Sever (ECF No. #41 ) is DENIED without prejudice. The parties must meet and confer no later than November 6, 2023, to commence discussions on the scope of joint discovery and joint dispositive motion practice. The parties must continue discussion so that no later than November 20, 2023, they file a Discovery Plan and Scheduling Order. Plaintiff's Motion to Amend (ECF No. #53 ) is GRANTED. The caption of this case is amended to correct Plaintiff D.P.s name to D.P.U. Plaintiffs have 5 court days, measured from the date of this Order, to file their First Amended Complaint with the corrected caption and to define Defendants to include all Defendants named in the First Amended Complaint. Amended Complaint deadline: 10/31/2023.Defendants has 21 days from the date the First Amended Complaint is filed to file a responsive pleading. Signed by Magistrate Judge Elayna J. Youchah on 10/24/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 70 NOTICE of Change of Address of Walsh Law PLLC by Margaret Petneaud.. (Walsh, Alexandra) |
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Filing 69
ORDER APPROVING ECF No. #68 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Livia M. Kiser for Walmart, Inc. and approving Designation of Local Counsel Jason M. Wiley. Signed by Judge Cristina D. Silva on 9/14/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 68 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Livia M. Kiser and DESIGNATION of Local Counsel Jason M. Wiley (Filing fee $ 250 receipt number ANVDC-7424836) by Defendant Walmart, Inc.. (Wiley, Jason) |
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Filing 67
ORDER Granting #66 Motion to Substitute Attorney. Attorney Jason M. Wiley for Walmart, Inc. substituted for Attorney Kurt R. Bonds. Signed by Magistrate Judge Elayna J. Youchah on 9/12/2023. Attorney Jason M. Wiley for Walmart, Inc. added. Attorney Kurt R. Bonds for Walmart, Inc. terminated. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 66 MOTION to Substitute Attorney Jason M. Wiley, Esq. in for Attorney Kurt R. Bonds, Esq. by Defendant Beech-Nut Nutrition Company, Inc.. Responses due by 9/26/2023. (Wiley, Jason) |
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Filing 65
ORDER Granting #63 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Livia M. Kiser for Beech-Nut Nutrition Company, Inc. and approving Designation of Local Counsel Attorney Jason M. Wiley. Signed by Judge Cristina D. Silva on 8/31/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - RGDG)
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Filing 64
ORDER Granting #57 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Peter Hsiao for Walmart, Inc. and approving Designation of Local Counsel Attorney Kurt Bonds. Signed by Judge Cristina D. Silva on 8/31/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 63 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Livia M. Kiser and DESIGNATION of Local Counsel Jason M. Wiley (Filing fee $ 250 receipt number ANVDC-7411199) by Defendant Beech-Nut Nutrition Company, Inc.. (Wiley, Jason) |
| Filing 62 NOTICE of Corrected Image/Document re #57 Motion for Permission to Practice Pro Hac Vice - Verified Petition for attorney Peter Hsiao, by Defendant Walmart, Inc.. (Service of corrected image is attached.). (Bonds, Kurt) |
| Filing 61 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/17/2023. I defer ruling on Peter Hsiao's petition for permission to practice pro hac vice. ECF No. #57 . In order to appear pro hac viceunder the local rulesthe petitioner must designate resident Nevada counsel. See LR 11-2(d). Here, the petitioner seeks to associate Kurt R. Bonds of Alverson Taylor & Sanders (ECF No. #57 at 5) but records show that firm has dissolved. Thus, the contact information provided for Mr. Bonds is incorrect. Additionally, counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." LR IA 11-2(b)(3). If Hsiao chooses to amend the petition, these deficiencies must be cured. An amended petition must be filed using the "Notice of Corrected Image/Document" event to link it to the existing filing (ECF No. #57 ) by August 31, 2023. Failure to amend by that date will result in denial of the petition and repayment of the $250 filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 60 REPLY to Response to #53 Motion to Amend/Correct, by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Turtzo, Christopher) |
| Filing 59 REPLY to Response to #41 Motion to Sever by Defendants Beech-Nut Nutrition Company, Inc., Gerber Products Company, Plum PBC, Sprout Foods, Inc., Walmart, Inc.. (Gutke, David) |
| Filing 58 RESPONSE to #53 Motion to Amend/Correct, by Defendants Beech-Nut Nutrition Company, Inc., Gerber Products Company, Plum PBC, Sprout Foods, Inc., Walmart, Inc.. Replies due by 8/15/2023. (Gutke, David) |
| Filing 57 REFER to ECF No. #62 Notice of Corrected Image/Document - MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Peter Hsiao and DESIGNATION of Local Counsel Kurt R. Bonds (Filing fee $ 250 receipt number ANVDC-7380087) by Defendant Walmart, Inc.. (Bonds, Kurt) Modified on 8/29/2023 (CJS). |
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Filing 56
ORDER APPROVING ECF No. #54 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Peter Hsiao for Beech-Nut Nutrition Company, Inc. and approving Designation of Local Counsel Jason M. Wiley. Signed by Judge Cristina D. Silva on 7/31/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 55 Mail Returned as Undeliverable addressed to J. Taylor Akerblom. Note: Unable to Forward. (ALZ) |
| Filing 54 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Peter Hsiao and DESIGNATION of Local Counsel Jason M. Wiley (Filing fee $ 250 receipt number ANVDC-7377793) by Defendant Beech-Nut Nutrition Company, Inc.. (Wiley, Jason) |
| Filing 53 MOTION to Amend #1 Complaint,, by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. Responses due by 8/8/2023. (Attachments: #1 Exhibit [Proposed] First Amended Complaint)(Turtzo, Christopher) (pleading) |
| Filing 52 RESPONSE to #41 Motion to Sever by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. Replies due by 8/1/2023. (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2", #3 Exhibit Exhibit "3", #4 Exhibit Exhibit "4")(Turtzo, Christopher) |
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Filing 51
ORDER granting #50 Stipulation to Extend Deadline to Respond to #41 Motion to Sever. Responses due by 7/25/2023. Replies due by 8/8/2023. Signed by Magistrate Judge Elayna J. Youchah on 7/11/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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| Filing 50 STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and [Proposed] Order to Extend Deadlines to Submit Opposition to Defendants' Joint Motion to Sever re #41 Motion to Sever by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Lemkul, William) (extend) (nondispositive) |
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Filing 49
ORDER Granting #48 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Pedram Esfandiary for C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon and approving Designation of Local Counsel William A. Lemkul. Signed by Judge Cristina D. Silva on 7/7/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 48 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Pedram Esfandiary and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7353616) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B)(Lemkul, William) |
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Filing 47
ORDER granting #44 Stipulation for Extension of Time (First Request) to Submit Discovery Plan and Serve Initial Disclosures. IT IS ORDERED that the deadline for the parties to submit a discovery plan and serve initial disclosures currently set for June 29, 2023, should be extended either (i) until 30 days after the Court enters an order on defendants motion to sever (ECF No. 41) and Plaintiffs forthcoming motion to amend the Complaint, or (ii) by 120 days to October 27, 2023, whichever comes sooner. Signed by Magistrate Judge Elayna J. Youchah on 6/30/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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Filing 46
ORDER Granting #43 Verified Petition for Permission to Practice Pro Hac Vice for Attorney R. Brent Wisner for C. R. C.,R. Brent Wisner for America Cardona,R. Brent Wisner for Ruby Perez Chino,R. Brent Wisner for C. V. P.,R. Brent Wisner for D. M. P.,R. Brent Wisner for D. P.,R. Brent Wisner for J. P.,R. Brent Wisner for Margaret Petneaud,R. Brent Wisner for Jesenia Plascencia,R. Brent Wisner for Annie Pompa Morejon and approving Designation of Local Counsel William A. Lemkul. Signed by Judge Cristina D. Silva on 6/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 45
ORDER Granting #42 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven J. Brady for C. R. C.,Steven J. Brady for America Cardona,Steven J. Brady for Ruby Perez Chino,Steven J. Brady for C. V. P.,Steven J. Brady for D. M. P.,Steven J. Brady for D. P.,Steven J. Brady for J. P.,Steven J. Brady for Margaret Petneaud,Steven J. Brady for Jesenia Plascencia,Steven J. Brady for Annie Pompa Morejon and approving Designation of Local Counsel William A. Lemkul. Signed by Judge Cristina D. Silva on 6/29/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - JQC)
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| Filing 44 STIPULATION FOR EXTENSION OF TIME (First Request) to Submit Discovery Plan and Serve Initial Disclosures by Defendant Gerber Products Company. (Mercera, Maria) (extend) (discovery) |
| Filing 43 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by R. Brent Wisner and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7343781) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Attachment "1", #2 Exhibit Attachment "2")(Lemkul, William) |
| Filing 42 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven J. Brady and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7343688) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Attachment "A", #2 Exhibit Attachment "B")(Lemkul, William) |
| Filing 41 Joint MOTION to Sever by Defendant Sprout Foods, Inc.. (claims) Responses due by 7/11/2023. (Gutke, David) |
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Filing 40
ORDER APPROVING ECF No. #37 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Bryan A. Merryman for Gerber Products Company and approving Designation of Local Counsel M. Magali Mercera. Signed by Judge Cristina D. Silva on 6/27/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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Filing 39
ORDER APPROVING ECF No. #38 Verified Petition for Permission to Practice Pro Hac Vice for Attorney J. Taylor Akerblom for Gerber Products Company and approving Designation of Local Counsel M. Magali Mercera. Signed by Judge Cristina D. Silva on 6/27/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS)
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| Filing 38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by J. Taylor Akerblom and DESIGNATION of Local Counsel M. Magali Mercera (Filing fee $ 250 receipt number ANVDC-7342297) by Defendant Gerber Products Company. (Mercera, Maria) |
| Filing 37 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Bryan A. Merryman and DESIGNATION of Local Counsel M. Magali Mercera (Filing fee $ 250 receipt number ANVDC-7342276) by Defendant Gerber Products Company. (Mercera, Maria) |
| Filing 36 CERTIFICATE of Interested Parties by Walmart, Inc.. There are no known interested parties other than those participating in the case. (Bonds, Kurt) |
| Filing 35 CERTIFICATE of Interested Parties by Beech-Nut Nutrition Company, Inc.. There are no known interested parties other than those participating in the case. (Wiley, Jason) |
| Filing 34 ANSWER to #1 Complaint,, filed by Beech-Nut Nutrition Company, Inc..(Wiley, Jason) |
| Filing 33 CERTIFICATE of Interested Parties by Gerber Products Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Nestle Holdings, Inc., Corporate Parent Nestle S.A. for Gerber Products Company added. (Mercera, Maria) |
| Filing 32 ANSWER to #1 Complaint,, filed by Walmart, Inc..(Bonds, Kurt) |
| Filing 31 ANSWER to #1 Complaint,, with Jury Demand filed by Gerber Products Company.(Mercera, Maria) |
| Filing 30 ANSWER to #1 Complaint,, with Jury Demand filed by Plum PBC.(Tasca, Joel) |
| Filing 29 CERTIFICATE of Interested Parties by Sprout Foods, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Neptune Growth Ventures, Inc., Corporate Parent Neptune Wellness Solutions, Inc., Corporate Parent NH Expansion Credit Fund Holdings LP for Sprout Foods, Inc. added.. (Gutke, David) |
| Filing 28 ANSWER to #1 Complaint,, with Jury Demand filed by Sprout Foods, Inc.. Certificate of Interested Parties due by 5/28/2023. Discovery Plan/Scheduling Order due by 7/2/2023.(Gutke, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 27
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Aimee H. Wagstaff and approving Designation of Local Counsel as to Will Lemkul. Signed by Judge Cristina D. Silva on 4/10/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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Filing 26
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Madeleine Brunley Clavier and approving Designation of Local Counsel as to Will Lemkul. Signed by Judge Cristina D. Silva on 4/7/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 25 NOTICE of Corrected Image/Document re #11 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Madeleine Brumley Clavier, by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Service of corrected image is attached.). (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2")(Lemkul, William) |
| Filing 24 NOTICE of Corrected Image/Document re #12 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Aimee Wagstaff, by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Service of corrected image is attached.). (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C)(Lemkul, William) |
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Filing 23
ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Alexandra M. Walsh and approving Designation of Local Counsel as to Will Lemkul. Signed by Judge Cristina D. Silva on 4/4/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 22 NOTICE of Corrected Image/Document re #14 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Alexandra M. Walsh, by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Service of corrected image is attached.). (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2")(Lemkul, William) |
| Filing 21 SUMMONS Returned Executed by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Beech-Nut Nutrition Company, Inc. served on 3/13/2023. (Lemkul, William) |
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Filing 20
ORDER Granting #19 Stipulation to extend time to respond to complaint. Beech-Nut Nutrition Company, Inc. answer due 5/18/2023; Gerber Products Company answer due 5/18/2023; Plum PBC dba Plum Organics answer due 5/18/2023; Sprout Foods, Inc. answer due 5/18/2023; Walmart, Inc. answer due 5/18/2023. Signed by Magistrate Judge Elayna J. Youchah on 3/27/2023. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 19 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint,, by Defendant Plum PBC dba Plum Organics. (Chavez, David) (extend) (answer) |
| Filing 18 SUMMONS Returned Executed by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Walmart, Inc. served on 3/7/2023. (Lemkul, William) |
| Filing 17 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Kimberly J. Channick is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration. (no image attached) (WJ) |
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Filing 16
ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Kimberly J. Channick and approving Designation of Local Counsel as to Will Lemkul. Signed by Judge Cristina D. Silva on 3/23/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 3/23/2023. I defer ruling on three of the verified petitions to practice pro hac vice (ECF Nos. #11 , #12 , #14 ) because they do not comply with LR IA 11-2(b)(3). Counsel failed to attach the required "certification issued within six months before the date of filing of the verified petition [showing] that the applicant's membership is in good standing from the state bar or from the clerk of court of the supreme court or highest admitting court of every state, territory, or insular possession of the United States in which the applicant has been admitted to practice law." Counsel are advised to include the missing certifications with amended petitions and then file them using the "Notice of Corrected Image/Document" event to link them to the existing filings (ECF Nos. #11 , #12 , #14 ). Counsel has until April 7, 2023, to do so. Failure to re-file by that date will result in denial of the petitions.Additionally, for any future petitions to practice pro hac vice, counsel are reminded that this district's local rules require petitioners to use the form furnished by the Clerk of Court. See LR IA 11-2(a). (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 14 View Corrected Image #22 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alexandra M. Walsh and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7242922) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2")(Lemkul, William) Modified on 4/3/2023 (EDS). |
| Filing 13 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kimberly J. Channick and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7242921) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2")(Lemkul, William) |
| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Aimee H. Wagstaff and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7242915) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Attachment C)(Lemkul, William) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Madeleine Brumley Clavier and DESIGNATION of Local Counsel Will Lemkul (Filing fee $ 250 receipt number ANVDC-7242909) by Plaintiffs C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., D. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2")(Lemkul, William) |
| Filing 10 CERTIFICATE of Interested Parties by C. R. C., America Cardona, Ruby Perez Chino, C. V. P., D. M. P., J. P., Margaret Petneaud, Jesenia Plascencia, Annie Pompa Morejon. There are no known interested parties other than those participating in the case (Claggett, Sean) |
| Filing 9 SUMMONS Returned Executed by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Gerber Products Company served on 3/10/2023. (Lemkul, William) |
| Filing 8 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Plaintiffs. Certificate of Interested Parties due by 3/20/2023. (no image attached) (DRS) |
| Filing 7 SUMMONS Returned Executed by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Sprout Foods, Inc. served on 3/8/2023. (Lemkul, William) |
| Filing 6 SUMMONS Returned Executed by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Plum PBC dba Plum Organics served on 3/7/2023. (Lemkul, William) |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Aimee Wagstaff, Madeleine Clavier, Alexandra M. Walsh, Kimberly Channick to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 3/21/2023. (no image attached) (LOE) |
| Filing 4 CLERK'S NOTICE that this case is randomly reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:23-cv-00344-CDS-EJY. (no image attached) (EDS) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/6/2023. By Deputy Clerk: Danielle Cacciabaudo. With good cause appearing, the Honorable Judge Jennifer A. Dorsey recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 2 SUMMONS ISSUED as to Beech-Nut Nutrition Company, Inc., Gerber Products Company, Plum PBC dba Plum Organics, Sprout Foods, Inc., Walmart, Inc. (LOE) |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Elayna J. Youchah. (LOE) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number BNVDC-7225114) by Jesenia Plascencia, C. V. P., C. R. C., J. P., D. M. P., America Cardona, Margaret Petneaud, Ruby Perez Chino, Annie Pompa Morejon. Proof of service due by 6/1/2023. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Lemkul, William) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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