Watkins et al v. Nurture, LLC et al
| James A Watkins and Margaret Watkins |
| Nurture, LLC, Plum PBC, Nurture Inc., Hain Celestial Group, Inc., Amazon.com Sales, Inc., Whole Foods Market Inc., Sewerage & Water Board of New Orleans, Amazon.com Services LLC, Whole Foods Market Services, Inc. and Unidentified Party |
| 3:2024cv02832 |
| 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-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on May 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 405 Case Transferred in from United States District Court for the Eastern District of Louisiana (New Orleans); Case Number 2:22-cv-00551-DJP-DPC. Original file certified copy of transfer order and docket sheet received. |
| MEMBER CASE OPENED re MDL 3101: United States District Court for the Eastern District of Louisiana (New Orleans), 2:22-cv-00551-DJP-DPC, Watkins, et al v. Nurture, LLC, et al, Opened in California Northern District as 3:24-cv-02832-JSC pursuant to Conditional Transfer Order cc: JPMDL (tn, COURT STAFF) (Filed on 5/14/2024) |
Filing 404
Order of MDL Transfer to District of California Northern. MDL case number is 3101. Electronic file, certified copy of transfer order, and docket sheet sent.. Signed by Judge Darrel James Papillion.(my)
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Filing 403
ORDER GRANTING UNOPPOSED MOTION TO TRANSFER FROM THE MDL PANEL transferring case(s) to the Northern District of California to become part of MDL 3101, by Clerk MDL Panel. (my)
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| Filing 402 NOTICE by Nurture, LLC re #383 Order on Motion to Seal Document re rec. doc. 363. (Attachments: #1 Proposed Pleading (Redacted), #2 Exhibit 5 - Redacted, #3 Exhibit 6 - Redacted)(Capodice, Camala E.) Modified on 4/24/2024 (ko). |
| Filing 401 NOTICE TO PRODUCE HARD COPY re #399 Notice. (cwa) |
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Filing 400
ORDER granting #397 Motion to Withdraw as Attorney. Attorney Kimberly Channick terminated. Signed by Judge Darrel James Papillion on 04/23/2024. (ko)
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| Filing 399 NOTICE by Nurture, LLC re #393 Order on Motion to Seal Document re rec. doc. 325. (Attachments: #1 Proposed Pleading (Redacted), #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted, #4 Exhibit 4 - Redacted, #5 Exhibit 7 - Redacted)(Capodice, Camala E.) Modified on 4/24/2024 (ko). |
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Filing 398
ORDER: IT IS ORDERED that the Clerk of Court file the parties' agreed redacted versions of Exhibits A and I (ECF Nos. [394-1], [394-2]) into the record as additional attachments to Defendants' #374 Motion to Compel Authorizations. Signed by Magistrate Judge Donna Phillips Currault on 4/22/2024. (alm)
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| Filing 397 EXPARTE/CONSENT MOTION to Withdraw Kimberly Channick as Attorney by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Walsh, Alexandra) |
| Filing 396 NOTICE by Nurture, LLC re #377 Order on Motion to Seal Document. (Attachments: #1 Proposed Pleading (Redacted), #2 Exhibit 2 - Redacted, #3 Exhibit 6 - Redacted, #4 Exhibit 9 - Redacted, #5 Exhibit 13 - Redacted, #6 Exhibit 17 - Redacted)(Capodice, Camala E.) Modified text on 4/23/2024 (ko). |
| Filing 395 Correction of Docket Entry by Clerk re #394 Amendment/Supplement to Document: Filing attorney selected incorrect event. Correct event is Notice (Other). Clerk took corrective action by modifying the event. No further action is necessary. (ko) |
| Filing 394 NOTICE of Filing Redacted Exhibits in Compliance with #385 Order on Motion to Seal Document by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit A, #2 Exhibit I)(Walsh, Alexandra) Modified text on 4/19/2024 (ko). |
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Filing 393
ORDER granting in part and denying in part #327 MOTION to Consider Whether Another Party's Material Should be Sealed re #325 MOTION for a Modification to the Scheduling Order. The Clerk of Court is to replace the placeholder Exhibits 6 and 8 with the unredacted versions of those exhibits. The parties are to confer regarding the redactions to plaintiff's memorandum in support and exhibits 2, 3, 4, and 7 and to redact only the portions of the documents Nurture requested in its Declaration. Within 7 days of the date of this Order, the parties shall seek to substitute the placeholders currently on the record with the properly redacted version of these documents. Signed by Judge Darrel James Papillion on 04/16/2024. (ko)
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Filing 392
ORDER granting #388 MOTION to Stay All Deadlines. The above-captioned case and all case dates and deadlines are hereby stayed as of 04/12/2024, with the exception of any outstanding sealing and redaction submissions by the parties. Signed by Judge Darrel James Papillion on 04/16/2024.(ko)
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| Filing 391 Correction of Docket Entry by Clerk re #389 Declaration: Document should have been linked to another document by checking the box "Should the document you are filing link to another document" or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 327. (ko) |
| Filing 390 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #374 MOTION to Compel Plaintiff to Provide Authorizations . (Walsh, Alexandra) |
| Filing 389 Declaration by Nurture, LLC In Support of #327 Request to Have Certain Confidential Business Information Redacted on the Public Docket and/or Placed Under Seal Regarding Documents Attached to Plaintiff's Motion for a Modification to the Scheduling Order (Doc. 325) (Capodice, Camala E.) Modified on 4/16/2024 (ko). |
| Filing 388 EXPARTE/CONSENT MOTION to Stay All Deadlines by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Clavier, Madeleine) |
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Filing 387
ORDER: IT IS ORDERED that Plaintiff's #380 Motion to Seal is GRANTED IN PART AND DENIED IN PART. The Clerk of Court is directed to maintain the unredacted memorandum (ECF No. 380-4) under seal. A revised redacted Opposition Memorandum will be e-mailed to counsel, and Plaintiffs' counsel is directed to substitute the authorized redacted memorandum for the version currently filed in the record (ECF No. 382) within 14 days, absent any appeal of this ruling. Signed by Magistrate Judge Donna Phillips Currault on 4/11/2024. (alm)
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Filing 386
TEXT ORDER (No PDF Document Attached). On January 8, 2024, Plaintiffs filed a Motion to Consider Whether Another Party's Materials Should be Sealed (R. Doc. 327), as required under Local Rule 5.6(D)(2). The motion seeks to seal certain documents marked confidential or highly confidential by Defendant Nurture, LLC ("Nurture"). Under Local Rule 5.6(D)(2)(b), within seven days of the filing of Plaintiffs' motion, Nurture was required to file a declaration or statement setting forth the information described in Local Rule 5.6(D)(1)(a)-(d). To date, Nurture has not provided any response to Plaintiffs' motion. IT IS HEREBY ORDERED that Nurture shall comply with Local Rule 5.6(D)(2)(b) on or before April 15, 2024. Failure to do so will result in the unsealing of the provisionally sealed documents without further notice. Signed by Judge Darrel James Papillion.(bf)
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Filing 385
ORDER: IT IS ORDERED that Defendants' #370 Motion to Consider Whether Another Partys Documents Should be Sealed is GRANTED IN PART and DENIED IN PART. The Clerk is directed to maintain under seal the unredacted memorandum (redacted version filed at ECF No. 254-1) and unredacted versions of Exhibits A, D, E, F, G, H, and I (ECF Nos. 370-6, 370-8, 370-10, 370-12, 370-14, 370-16, and 370-18). IT IS FURTHER ORDERED that, in accordance with Local Rule 5(D), the parties file, within 14 days, agreed redacted versions of Exhibits A and I. IT IS FURTHER ORDERED that, in accordance with Plaintiff's stipulation, the unredacted versions of Exhibits G and H (ECF Nos. 370-14 and 370-16) be filed in the public record. IT IS FURTHER ORDERED that Exhibit D (ECF No. 370-8) remain temporarily filed UNDER SEAL for 14 days or, in the event of a timely objection to this Order, until the district court issues a decision on any objections. Should Plaintiffs not object or seek to remove Exhibit D from the public record during that time, Exhibit D must be filed into the public record on April 24, 2024. Signed by Magistrate Judge Donna Phillips Currault on 4/10/2024. (alm)
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| Filing 384 Correction of Docket Entry by Clerk re #381 Declaration: Document 381 was incorrectly filed as a separate document instead of as an attachment to document 380. Clerk took corrective action. No further action is needed. (ko) |
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Filing 383
ORDER: IT IS ORDERED that Nurture's #375 Motion for Leave to File Under Seal its Unredacted Memorandum in Opposition to Plaintiffs' Motion to Compel and Exhibits Thereto is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that the Clerk maintain the unredacted versions of Exhibits 1, 7 and 8 (ECF Nos. 375-5, 375-11, and 375-13) under seal and file the redacted versions located at ECF Nos. 375-6, 375-12, and 375-14 into the public record. IT IS FURTHER ORDERED that the Clerk maintain Nurture's unredacted Opposition Memorandum (ECF No. 375-4) and Exhibits 5 and 6 (ECF Nos. 375-7, 375-9) under seal and that, within 14 days, Nurture file either redacted versions of its Opposition Memorandum and Exhibits 5 and 6 in accordance with this Order or any objections to same, in which case the document will remain sealed pending a decision on such objections. Signed by Magistrate Judge Donna Phillips Currault on 4/10/2024. (alm)
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| Filing 382 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #374 MOTION to Compel Plaintiff to Provide Authorizations . (Walsh, Alexandra) |
| Filing 381 **FILED IN ERROR--SEE REC. DOC. 380** Declaration by James A Watkins, Margaret Watkins in Support of Plaintiff's Request to Have Certain Confidential Personal Medical Information Redacted on the Public Docket and/or Placed Under Seal (Walsh, Alexandra) Modified on 4/10/2024 (ko). |
| Filing 380 EXPARTE/CONSENT MOTION to Seal Document Plaintiff's Opposition to Defendants' Motion to Compel by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading (Redacted), #4 Proposed Pleading (Unredacted))(Walsh, Alexandra) (Additional attachment(s) added on 4/10/2024: #5 Declaration in Support) (ko). |
| Filing 379 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #363 MOTION to Compel (Clavier, Madeleine) |
| Filing 378 REPLY to Response to Motion filed by James A Watkins, Margaret Watkins re #363 MOTION to Compel . (Clavier, Madeleine) |
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Filing 377
ORDER AND REASONS: IT IS ORDERED that Plaintiffs' #362 Motion to Consider Whether Another Party's Material Should be Sealed is GRANTED IN PART and DENIED IN PART. The Clerk is directed to maintain under seal Exhibit Nos. 10, 11, 12, 15, and 16 (ECF Nos. 362-22, 362-24, 362-26, 362-32, and 362-34). IT IS FURTHER ORDERED that the Clerk maintain Plaintiff's unredacted Memorandum (ECF No. 362-4) and Exhibits 2, 6, 9, 13, and 17 (ECF Nos. 362-6, 362-14, 362- 20, 362-28, and 362-36) under seal until, in accordance with Local Rule 5(D), the parties file, within 14 days, an agreed redacted version or further Order of the Court. Signed by Magistrate Judge Donna Phillips Currault on 4/8/2024. (alm)
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| Filing 376 RESPONSE/MEMORANDUM in Opposition filed by Nurture, LLC re #363 MOTION to Compel . (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Redacted, #6 Exhibit 6 - Redacted, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted)(Capodice, Camala E.) |
| Filing 375 EXPARTE/CONSENT MOTION to Seal Document Opposition to Motion to Compel by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading (Redacted), #4 Proposed Pleading (Unredacted), #5 Proposed Pleading (Unredacted) Exhibit 1, #6 Proposed Pleading (Redacted) Exhibit 1 - Redacted, #7 Proposed Pleading (Unredacted) Exhibit 5, #8 Proposed Pleading (Redacted) Exhibit 5 - Redacted, #9 Proposed Pleading (Unredacted) Exhibit 6, #10 Proposed Pleading (Redacted) Exhibit 6 - Redacted, #11 Proposed Pleading (Unredacted) Exhbit 7, #12 Proposed Pleading (Redacted) Exhibit 7 - Redacted, #13 Proposed Pleading (Unredacted) Exhibit 8, #14 Proposed Pleading (Redacted) Exhibit 8 - Redacted)(Capodice, Camala E.) |
| Filing 374 MOTION to Compel Plaintiff to Provide Authorizations by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/17/2024. (Attachments: #1 Memorandum in Support Redacted, #2 Exhibit A - Under Seal, #3 Exhibit B - Redacted, #4 Exhibit C - Redacted, #5 Exhibit D - Under Seal, #6 Exhibit E - Under Seal, #7 Exhibit F - Under Seal, #8 Exhibit G - Under Seal, #9 Exhibit H - Under Seal, #10 Exhibit I - Under Seal, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Notice of Submission)(Capodice, Camala E.) (Additional attachment(s) added on 4/23/2024 per #398 Order: #16 Exhibit A Redacted, #17 Exhibit I Redacted) (alm). |
| Filing 373 Correction of Docket Entry by Clerk re #370 MOTION to Seal Document: Filing attorney did not enter additional filer in the blank text box on the docket text screen. Clerk added filer. (ko) |
| Filing 372 Declaration by Nurture, LLC in Support of Request to Have Certain Confidential Business Information Redacted on the Public Docket and/or Placed Under Seal re rec. doc. 372 (Capodice, Camala E.) Modified on 4/3/2024 (ko). |
| Filing 371 **DEFICIENT** MOTION to Compel Plaintiff to Provide Authorizations by Nurture, LLC, Hain Celestial Group, Inc. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/17/2024. (Attachments: #1 Memorandum in Support Redacted, #2 Exhibit A - Under Seal, #3 Exhibit B - Redacted, #4 Exhibit C - Redacted, #5 Exhibit D - Under Seal, #6 Exhibit E - Under Seal, #7 Exhibit F - Under Seal, #8 Exhibit G - Under Seal, #9 Exhibit H - Under Seal, #10 Exhibit I - Under Seal, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Notice of Submission)(Capodice, Camala E.) Modified on 4/3/2024 (ko). |
| Filing 370 EXPARTE/CONSENT MOTION to Seal Document by Nurture, LLC, Hain Celestial Group, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading (Redacted), #4 Proposed Pleading (Unredacted), #5 Proposed Pleading (Redacted) Exhibit A, #6 Proposed Pleading (Unredacted) Exhibit A, #7 Proposed Pleading (Redacted) Exhibit D, #8 Proposed Pleading (Unredacted) Exhibit D, #9 Proposed Pleading (Redacted) Exhibit E, #10 Proposed Pleading (Unredacted) Exhibit E, #11 Proposed Pleading (Redacted) Exhibit F, #12 Proposed Pleading (Unredacted) Exhibit F, #13 Proposed Pleading (Redacted) Exhibit G, #14 Proposed Pleading (Unredacted) Exhibit G, #15 Proposed Pleading (Redacted) Exhibit H, #16 Proposed Pleading (Unredacted) Exhibit H, #17 Proposed Pleading (Redacted) Exhibit I, #18 Proposed Pleading (Unredacted) Exhibit I)(Capodice, Camala E.) Modified on 4/3/2024 (ko). |
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Filing 369
ORDER denying #365 Motion to Expedite; denying #368 Motion for Extension of Time to File Response/Reply. The #363 Motion to Compel will be submitted on WEDNESDAY, APRIL 10, 2024, as noticed, without oral argument unless otherwise ordered by the Court. IT IS FURTHER ORDERED that any Opposition to the Motion to Compel must be filed on or before FRIDAY, APRIL 5, 2024. IT IS FURTHER ORDERED that any Reply Memorandum must be filed on or before MONDAY, APRIL 8, 2024. Signed by Magistrate Judge Donna Phillips Currault on 3/28/2024. (alm)
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| Filing 368 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #363 MOTION to Compel by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 367 RESPONSE/MEMORANDUM in Opposition filed by Nurture, LLC re #365 MOTION to Expedite Submission Date of Plaintiff's Motion to Compel . (Capodice, Camala E.) |
| Filing 366 **DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Nurture, LLC re #365 MOTION to Expedite Submission Date of Plaintiff's Motion to Compel and Motion for Extension of Time to Respond and Extension of Submission Date. (Attachments: #1 Proposed Order)(Capodice, Camala E.) Modified on 3/28/2024 (ko). |
| Filing 365 EXPARTE/CONSENT MOTION to Expedite Submission Date of Plaintiff's Motion to Compel by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
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Filing 364
ORDER granting #360 Motion to Withdraw as Attorney. Attorney Samuel A Martin terminated. Signed by Judge Darrel James Papillion on 03/26/2024. (ko)
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| Filing 363 MOTION to Compel by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/10/2024. (Attachments: #1 Memorandum in Support (Redacted), #2 Exhibit 1, #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 6 (Filed Under Seal), #8 Exhibit 7 (Filed Under Seal), #9 Exhibit 8 (Filed Under Seal), #10 Exhibit 9 (Filed Under Seal), #11 Exhibit 10 (Filed Under Seal), #12 Exhibit 11 (Filed Under Seal), #13 Exhibit 12 (Filed Under Seal), #14 Exhibit 13 (Filed Under Seal), #15 Exhibit 14 (Filed Under Seal), #16 Exhibit 15 (Filed Under Seal), #17 Exhibit 16 (Filed Under Seal), #18 Exhibit 17 (Filed Under Seal), #19 Proposed Order, #20 Notice of Submission)(Clavier, Madeleine) |
| Filing 362 EXPARTE/CONSENT MOTION to Consider Whether Another Party's Material Should be Sealed by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading (Redacted) Memorandum in Support of Plaintiff's Motion to Compel (Redacted), #4 Proposed Pleading (Unredacted) Memorandum in Support of Plaintiff's Motion to Compel (Filed Under Seal), #5 Proposed Pleading (Redacted) Exhibit 2 (Redacted), #6 Proposed Pleading (Unredacted) Exhibit 2 (Filed Under Seal), #7 Proposed Pleading (Redacted) Exhibit 3 (Redacted), #8 Proposed Pleading (Unredacted) Exhibit 3 (Filed Under Seal), #9 Proposed Pleading (Redacted) Exhibit 4 (Redacted), #10 Proposed Pleading (Unredacted) Exhibit 4 (Filed Under Seal), #11 Proposed Pleading (Redacted) Exhibit 5 (Redacted), #12 Proposed Pleading (Unredacted) Exhibit 5 (Filed Under Seal), #13 Proposed Pleading (Redacted) Exhibit 6 (Redacted), #14 Proposed Pleading (Unredacted) Exhibit 6 (Filed Under Seal), #15 Proposed Pleading (Redacted) Exhibit 7 (Redacted), #16 Proposed Pleading (Unredacted) Exhibit 7 (Filed Under Seal), #17 Proposed Pleading (Redacted) Exhibit 8 (Redacted), #18 Proposed Pleading (Unredacted) Exhibit 8 (Filed Under Seal), #19 Proposed Pleading (Redacted) Exhibit 9 (Redacted), #20 Proposed Pleading (Unredacted) Exhibit 9 (Filed Under Seal), #21 Proposed Pleading (Redacted) Exhibit 10 (Redacted), #22 Proposed Pleading (Unredacted) Exhibit 10 (Filed Under Seal), #23 Proposed Pleading (Redacted) Exhibit 11 (Redacted), #24 Proposed Pleading (Unredacted) Exhibit 11 (Filed Under Seal), #25 Proposed Pleading (Redacted) Exhibit 12 (Redacted), #26 Proposed Pleading (Unredacted) Exhibit 12 (Filed Under Seal), #27 Proposed Pleading (Redacted) Exhibit 13 (Redacted), #28 Proposed Pleading (Unredacted) Exhibit 13 (Filed Under Seal), #29 Proposed Pleading (Redacted) Exhibit 14 (Redacted), #30 Proposed Pleading (Unredacted) Exhibit 14 (Filed Under Seal), #31 Proposed Pleading (Redacted) Exhibit 15 (Redacted), #32 Proposed Pleading (Unredacted) Exhibit 15 (Filed Under Seal), #33 Proposed Pleading (Redacted) Exhibit 16 (Redacted), #34 Proposed Pleading (Unredacted) Exhibit 16 (Filed Under Seal), #35 Proposed Pleading (Redacted) Exhibit 17 (Redacted), #36 Proposed Pleading (Unredacted) Exhibit 17 (Filed Under Seal))(Clavier, Madeleine) Modified on 3/27/2024 (ko). |
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Filing 361
ORDER denying as moot #117 Motion to Enforce Stipulation, as set forth herein. Signed by Judge Darrel James Papillion on 03/26/2024. (ko)
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| Filing 360 EXPARTE/CONSENT MOTION to Withdraw Samuel A. Martin as Attorney by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Walsh, Alexandra) |
| Filing 359 Second AMENDED NOTICE OF REMOVAL from CDC Parish of Orleans, case number 2022-00903 C-10 filed by Nurture, LLC.(ko) |
| Filing 358 AMENDED NOTICE OF REMOVAL from CDC Parish of Orleans, case number 2022-00903 C-10 filed by Nurture, LLC.(ko) |
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Filing 357
ORDER granting #118 and #153 Motion for Leave to File Amended Notices of Removal and denying #112 Motion to Remand to State Court, with written reasons to follow.. Signed by Judge Darrel James Papillion on 03/22/2024. (ko)
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Filing 356
ORDER granting #354 Motion to Appear Pro Hac Vice as to Kimberly Channick. Signed by Judge Darrel James Papillion on 03/12/2024. (Attachments: #1 Notice) (ko)
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Filing 355
ORDER granting #353 Motion to Withdraw as Attorney. Attorney Janna L Maples terminated. Signed by Judge Darrel James Papillion on 03/12/2024. (ko)
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| Filing 354 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Fee previously paid) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Kimberly Channick, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) |
| Filing 353 EXPARTE/CONSENT MOTION to Withdraw Janna L. Maples as Attorney by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Walsh, Alexandra) |
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Filing 352
AMENDED SCHEDULING ORDER. ORDERED that #351 MOTION to Modify the Scheduling Order is granted. The Court hereby vacates all prior scheduling orders, and the deadlines set forth herein are established: All discovery must be completed by 5/15/2024. Status Conference set for 11/13/2024 01:00 PM before Judge Darrel James Papillion. Final Pretrial Conference set for 12/11/2024 09:30 AM before Judge Darrel James Papillion. Jury Trial set for 1/6/2025 09:00 AM before Judge Darrel James Papillion. FURTHER ORDERED counsel shall comply with all deadlines and instructions as set forth herein. Signed by Judge Darrel James Papillion on 02/08/2024. (Attachments: #1 Pretrial Notice Form)(ko)
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| Filing 351 EXPARTE/CONSENT MOTION to Modify the Scheduling Order by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
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Filing 350
ORDER granting #346 Motion to Enroll as Counsel of Record for Attorney Nicolas Kordell Caldwell, I for Whole Foods Market Services, Inc. Signed by Judge Darrel James Papillion on 02/02/2024. (ko)
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| Filing 349 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10387495) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Kimberly Channick, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) Modified on 2/5/2024 (ko). |
| Filing 348 Statement of Corporate Disclosure by Whole Foods Market Services, Inc. identifying Corporate Parent Amazon.com, Inc., Corporate Parent Whole Foods Market, Inc. for Whole Foods Market Services, Inc. (Ballay, Brian) Modified on 2/2/2024 (ko). |
| Filing 347 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/11/2024 at 9:30 AM before Judge Darrel James Papillion. Status Conference set for 11/13/2024 at 1:00 PM before Judge Darrel James Papillion. Jury Trial set for 1/6/2025 at 9:00 AM before Judge Darrel James Papillion. Issued for the Court by the Clerk. (Attachments: #1 Pretrial Notice Form)(cwa) |
| Filing 346 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record N. Kordell Caldwell by Whole Foods Market Services, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian) |
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Filing 345
ORDER AND REASONS: Both Amended Interrogatory No. 11 and the temporal scope of Nurture's Rule 30(b)(6) deposition must be limited as instructed herein. Accordingly, IT IS ORDERED that Nurture respond to Amended Interrogatory No. 11, as modified herein, within seven (7) days. IT IS FURTHER ORDERED that Nurture's Rule 30(b)(6) deponent must be prepared to testify about Topics 5, 9, and 16 for the years 2016-2022 and all other topics for the years 2016-February 2021. Signed by Magistrate Judge Donna Phillips Currault on 01/31/2024. (alm)
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| Filing 344 **DEFICIENT** EXPARTE/CONSENT MOTION to Continue Preliminary Telephone Conference and Setting of a Status Conference by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Cheek, Lindsey) Modified on 2/1/2024 (ko). |
| Filing 343 Response by Nurture, LLC re #342 Brief, Filed by Plaintiff in Support of Motion to Compel and in Opposition to Motion for Protective Order (Capodice, Camala E.) Modified on 1/31/2024 (ko). |
| Filing 342 Plaintiff's Brief re #339 Order, in further Support of Plaintiff's Motion to Compel #268 and Motion for Protective Order #270 by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Walsh, Alexandra) Modified text on 1/29/2024 (cs). |
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Filing 341
TEXT ORDER (No PDF Document Attached). IT IS ORDERED that the telephone status conference previously set for January 29, 2024, at 2:00 p.m., is hereby CANCELED. Signed by Judge Darrel James Papillion.(bf)
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Filing 340
ORDER: The oral argument previously set regarding the parties' disputed interpretation of the Court's December 13, 2023 Order (ECF No. #299 ) is CANCELLED. The matter will be decided on the briefs submitted in accordance with the Court's January 24, 2024 Order (ECF No. #339 ). Signed by Magistrate Judge Donna Phillips Currault on 01/25/2024. (alm)
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Filing 339
ORDER: Considering the parties' request for hearing regarding a disputed interpretation of the Court's December 13, 2023 Order (ECF No. #299 ) granting in part and denying in part Plaintiff's #268 Motion to Compel and Nurture's #270 Motion for Protective Order, IT IS ORDERED that a hearing on these matters will be conducted in person on FRIDAY, FEBRUARY 2, 2024 at 11:00 a.m. before Magistrate Judge Donna Phillips Currault.IT IS FURTHER ORDERED that Plaintiff file an opening brief, not to exceed five pages, on or before FRIDAY, JANUARY 26, 2024. IT IS FURTHER ORDERED that Nurture file a response brief, not to exceed five pages, on or before TUESDAY, JANUARY 30, 2024. No reply briefing will be permitted. Signed by Magistrate Judge Donna Phillips Currault on 1/24/2024. (rt)
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| Filing 338 TRANSCRIPT of Status Conference held on December 14, 2023 before Judge Donna Phillips Currault. Court Reporter/Recorder Magistrate Clerical, Telephone number 504-589-7724. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 4/22/2024. (mbb) |
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Filing 337
ORDER AND REASONS: IT IS ORDERED that Defendants Amazon.com Services, LLC and Whole Foods Market Services, LLC's Motions for Protective Order (ECF Nos. #303 , #305 ) are GRANTED IN PART AND DENIED IN PART as stated herein. Signed by Magistrate Judge Donna Phillips Currault on 01/22/2024. (alm)
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| Filing 336 PRELIMINARY CONFERENCE NOTICE: Scheduling Conference set for 2/1/2024 at 10:00 AM before case manager by telephone. By Clerk. (cwa) |
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Filing 335
ORDER: Telephone Status Conference set for 1/29/2024 02:00 PM before Judge Darrel James Papillion. Signed by Judge Darrel James Papillion on 01/16/2024.(ko)
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Filing 334
ORDER granting #325 MOTION for a Modification to the Scheduling Order. The Court's previous Amended Scheduling Order is modified as set forth herein. All discovery must be completed by 5/15/2024. FURTHER ORDERED that the Court's Case Manager will hold a telephone scheduling conference to select new dates for the final pretrial conference and trial. The Trial shall commence no earlier than 10/07/2024, and the final pretrial conference shall take place approximately three and a half weeks prior to the selected trial date. Signed by Judge Darrel James Papillion on 01/16/2024.(ko) Modified text on 1/19/2024 (ko).
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| Filing 333 REPLY to Response to Motion filed by James A Watkins, Margaret Watkins re #325 MOTION for a Modification to the Scheduling Order. (Clavier, Madeleine) Modified text on 1/16/2024 (cwa). |
| Filing 332 RESPONSE/MEMORANDUM in Opposition filed by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc. re #325 MOTION for a Modification to the Scheduling Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Capodice, Camala E.) |
| Filing 331 Correction of Docket Entry by Clerk re #330 Notice to Produce Hard Copy. Per Chambers, please disregard the Notice. (cwa) |
| Filing 330 NOTICE TO PRODUCE HARD COPY re #325 MOTION for a Modification to the Scheduling Order. (cwa) |
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Filing 329
ORDER granting #328 MOTION to Expedite Submission Date of Plaintiff's Motion for a Modification of the Scheduling Order filed by Margaret Watkins, James A Watkins. The submission date for #325 MOTION for a Modification to the Scheduling Order is expedited to 1/15/2024. FURTHER ORDERED that the following Expedited briefing deadlines shall apply to Plaintiff's Motion for a Modification of the Scheduling Order. Opposition memoranda shall be filed on or before 01/11/2024 and Reply memoranda shall be filed on or before 01/12/2024. Signed by Judge Darrel James Papillion on 01/09/2024.(ko)
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| Filing 328 EXPARTE/CONSENT MOTION to Expedite Submission Date of Plaintiff's Motion for a Modification of the Scheduling Order by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
| Filing 327 EXPARTE/CONSENT MOTION to Seal Document/Motion to Consider Whether Another Party's Material Should be Sealed re rec. doc. 325 by James A Watkins, Margaret Watkins. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading (Redacted) Memorandum in Support of Plaintiff's Motion for a Modification to the Scheduling Order, #4 Proposed Pleading (Unredacted) Memorandum in Support of Plaintiff's Motion for a Modification to the Scheduling Order (Filed Under Seal), #5 Proposed Pleading (Redacted) Exhibit 2 (Redacted), #6 Proposed Pleading (Unredacted) Exhibit 2 (Filed Under Seal), #7 Proposed Pleading (Redacted) Exhibit 3 (Redacted), #8 Proposed Pleading (Unredacted) Exhibit 3 (Filed Under Seal), #9 Proposed Pleading (Redacted) Exhibit 4 (Redacted), #10 Proposed Pleading (Unredacted) Exhibit 4 (Filed Under Seal), #11 Proposed Pleading (Redacted) Exhibit 6 (Redacted), #12 Proposed Pleading (Unredacted) Exhibit 6 (Filed Under Seal), #13 Proposed Pleading (Redacted) Exhibit 7 (Redacted), #14 Proposed Pleading (Unredacted) Exhibit 7 (Filed Under Seal), #15 Proposed Pleading (Redacted) Exhibit 8 (Redacted), #16 Proposed Pleading (Unredacted) Exhibit 8 (Filed Under Seal))(Clavier, Madeleine) Modified on 1/9/2024 (ko). |
| Filing 326 Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Motion Hearing held on 1/8/2024 re #303 MOTION for Protective Order and #305 MOTION for Protective Order. The Court heard argument from counsel and took the matters under submission. An Order and Reasons will be issued separately. (Court Reporter Karen Ibos.) (rt) |
| Filing 325 MOTION for a Modification to the Scheduling Order by James A Watkins, Margaret Watkins. Motion(s) will be submitted on 1/24/2024. (Attachments: #1 Memorandum in Support (redacted), #2 Exhibit 1, #3 Exhibit 2 (filed under seal), #4 Exhibit 3 (filed under seal), #5 Exhibit 4 (filed under seal), #6 Exhibit 5, #7 Exhibit 6 (filed under seal), #8 Exhibit 7 (redacted), #9 Exhibit 8 (redacted), #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Proposed Order, #16 Notice of Submission)(Cheek, Lindsey) (Additional attachment(s) added on 4/16/2024: #17 Unredacted Exhibit 6, #18 Unredacted Exhibit 8) (ko). Modified text on 4/26/2024 (ko). |
| Filing 324 REPLY to Response to Motion filed by Amazon.com Services LLC re #303 MOTION for Protective Order . (Cochran, Douglas) |
| Filing 323 Correction of Docket Entry by Clerk re #322 Response/Memorandum in Support of Motion: Filing attorney selected incorrect event. Correct event is Reply to Response to Motion. Clerk took corrective action by modifying the event. (ko) |
| Filing 322 REPLY to Response to Motion filed by Whole Foods Market Services, Inc. re #305 MOTION for Protective Order. (Attachments: #1 Exhibit A - Transcript)(Ballay, Brian) Modified on 1/4/2024 (ko). Modified text on 1/4/2024 (cwa). |
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Filing 321
ORDER granting #320 Motion to Withdraw as Attorney. Attorney Pedram Esfandiary and R. Brent Wisner terminated. Signed by Judge Darrel James Papillion on 01/03/2024. (ko)
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| Filing 320 EXPARTE/CONSENT MOTION to Withdraw Pedram Esfandiary and R. Brent Wisner of Wisner Baum, LLP as Attorney by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Esfandiary, Pedram) |
| Filing 319 TRANSCRIPT of Motion Hearing held on December 13, 2023 before Judge Donna Phillips Currault. Court Reporter/Recorder Alexis A. Vice, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/27/2024. (Vice, Alexis) |
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Filing 318
TEXT ORDER (No PDF Document Attached) denying as moot #315 Motion for Leave to File. Signed by Magistrate Judge Donna Phillips Currault on 12/27/2023. (DPC)
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Filing 317
ORDER AND REASONS granting #284 Motion to Compel Independent Medical Examination. Signed by Magistrate Judge Donna Phillips Currault on 12/27/2023. (rt)
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| Filing 316 Correction of Docket Entry by Clerk re #315 MOTION for Leave to File Reply ISO Motion to Compel IME: Filing attorney should have selected "Yes" at the question "Is this an Exparte/Consent Motion Y/N?" Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (ko) |
| Filing 315 EXPARTE/CONSENT MOTION for Leave to File Reply ISO Motion to Compel IME by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Eagan, Emily) Modified on 12/26/2023 (ko). |
| Filing 314 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #303 MOTION for Protective Order . (Attachments: #1 Declaration, #2 Exhibit A)(Cheek, Lindsey) |
| Filing 313 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #305 MOTION for Protective Order . (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B)(Cheek, Lindsey) |
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Filing 312
ORDER granting #309 Motion to Appear Pro Hac Vice as to Veronica Muriel Carrioni. Signed by Judge Darrel James Papillion on 12/20/2023. (Attachments: #1 Notice) (ko)
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Filing 311
ORDER: At the request of counsel for Defendants Amazon.com Sales, Inc. (ECF No. #307 ) and Whole Foods Market, Inc. (ECF No. #306 ), oral argument on Defendants' Motions for Protective Order (ECF Nos. #303 , #305 ), is GRANTED and is hereby scheduled on MONDAY, JANUARY 8, 2024, at 11:00 a.m., before Magistrate Judge Donna Phillips Currault, 500 Poydras Street, Hale Boggs Building, Room B-421, New Orleans, Louisiana. The hearing will be conducted in person, unless otherwise notified by the court. Signed by Magistrate Judge Donna Phillips Currault on 12/19/2023. (rt)
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| Filing 310 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #284 MOTION to Compel Independent Medical Examination . (Attachments: #1 Exhibit Affidavit, #2 Exhibit Email Chain)(Smith, William) |
| Filing 309 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10328825) by Amazon.com Services LLC. (Attachments: #1 Proposed Order, #2 Exhibit Declaration, #3 Exhibit Certificate of Good Standing, #4 Exhibit Consent to Electronic Filing)(Cochran, Douglas) |
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Filing 308
ORDER granting #302 Motion to Substitute Attorney. Added attorney Maryclaire McNickle Farrington for Hain Celestial Group, Inc. Attorney John Caire Wegmann terminated. Signed by Judge Darrel James Papillion on 12/18/2023. (mmm)
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| Filing 307 Request/Statement of Oral Argument by Amazon.com Services LLC regarding #303 MOTION for Protective Order (Cochran, Douglas) |
| Filing 306 Request/Statement of Oral Argument by Whole Foods Market Services, Inc. regarding #305 MOTION for Protective Order (Ballay, Brian) |
| Filing 305 MOTION for Protective Order by Whole Foods Market Services, Inc.. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/3/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order, #5 Notice of Submission)(Ballay, Brian) |
| Filing 304 TRANSCRIPT of Oral Argument held on November 29, 2023 before Magistrate Judge Donna Phillips Currault. Court Reporter/Recorder Sammantha Morgan, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/18/2024. (Morgan, Sammantha) |
| Filing 303 MOTION for Protective Order by Amazon.com Services LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/3/2024. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Affidavit Declaration of P. Andrew McStay, #4 Exhibit 1 to Declaration, #5 Exhibit 2 to Declaration, #6 Exhibit 3 to Declaration, #7 Notice of Submission)(Cochran, Douglas) |
| Filing 302 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Maryclaire M. Farrington to be substituted in place of John C. Wegmann by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order)(Eagan, Emily) |
| Filing 301 Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Status Conference held on 12/14/2023. At the request of counsel for Defendant Nurture, LLC, a video status conference was held on this date to address a dispute regarding Plaintiff JMW's deposition of Nurture's Rule 30(b)(6) corporate representative currently scheduled for tomorrow, December 15, 2023, based on Plaintiff's Rule 30(b)(6) Notice of Deposition. (rt) |
| Filing 300 NOTICE by James A Watkins, Margaret Watkins of Supplemental Authority in opposition to Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim re rec. doc. #210 . (Attachments: #1 Exhibit A)(Clavier, Madeleine) Modified on 12/14/2023 (ko). |
| Filing 299 Minute Order. Motion Hearing held on 12/13/2023 before Magistrate Judge Donna Phillips Currault. IT IS ORDERED that Plaintiff's #268 Motion to Compel and Nurture's Motion for #270 Protective Order are both GRANTED in part and DENIED in part for reasons stated on the record and summarized herein. Supplemental responses are due within fourteen (14) days from this date. With regard to any re-issued requests, responses are due fourteen (14) days from Defendant's receipt of the reissued requests. (rt) |
| Filing 298 Request/Statement of Oral Argument by Amazon.com Services LLC regarding #297 MOTION for Protective Order (Cochran, Douglas) |
| Filing 297 **DEFICIENT** MOTION for Protective Order by Amazon.com Services LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/3/2024. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of P. Andrew McStay, #3 Exhibit 1 to Declaration, #4 Exhibit 2 to Declaration, #5 Exhibit 3 to Declaration, #6 Notice of Submission)(Cochran, Douglas) Modified on 12/13/2023 (ko). |
| Filing 296 **DEFICIENT** MOTION for Protective Order by Whole Foods Market Services, Inc.. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 1/3/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Ballay, Brian) Modified on 12/13/2023 (ko). |
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Filing 295
ORDER granting in part and denying in part #254 Motion to Compel. The additional portions of the redacted records that should be disclosed are attached as an Exhibit FILED UNDER SEAL, which exhibit will be e-mailed to Plaintiff's counsel only. Plaintiff must produce same to Defendants within 7 days, absent any appeal of this ruling. Signed by Magistrate Judge Donna Phillips Currault on 12/11/2023. (rt) (Additional attachment(s) added on 12/11/2023: #1 SEALED Exhibit) (rt).
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| Filing 294 REPLY to Response to Motion filed by James A Watkins re #268 MOTION to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition. (rt) |
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Filing 293
ORDER granting #289 Motion for Leave to File Reply. Signed by Magistrate Judge Donna Phillips Currault on 12/8/2023. (rt)
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| Filing 292 REPLY to Response to Motion filed by Nurture, LLC re #270 MOTION for Protective Order. (rt) |
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Filing 291
ORDER granting #288 Motion for Leave to File Reply. Signed by Magistrate Judge Donna Phillips Currault on 12/8/2023. (rt)
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| Filing 290 Correction of Docket Entry by Clerk re #289 MOTION for Leave to File Reply Memorandum in Support of Motion to Compel: Attachments had duplicate descriptions. For attachments, select either a category or enter a description. Selecting both will result in duplicate docket text. Clerk took corrective action. (ko) |
| Filing 289 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel by James A Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Memorandum in Support of Motion to Compel, #3 Exhibit I, #4 Exhibit J)(Maples, Janna) Modified on 12/8/2023 (ko). |
| Filing 288 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Protective Order by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Capodice, Camala E.) |
| Filing 287 Correction of Docket Entry by Clerk re #284 MOTION to Compel Independent Medical Examination: Filing attorney should have changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the Magistrate Judge Y/N?" This motion will be decided by the magistrate judge. Clerk took corrective action. (ko) |
| Filing 286 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #270 MOTION for Protective Order . (Attachments: #1 Exhibit H)(Maples, Janna) |
| Filing 285 RESPONSE/MEMORANDUM in Opposition filed by Nurture, LLC re #268 MOTION to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition . (Capodice, Camala E.) |
| Filing 284 MOTION to Compel Independent Medical Examination by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc. Motion(s) referred to Magistrate Judge Donna Phillips Currault. Motion(s) will be submitted on 12/27/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit A-Correspondence Between Counsel, #5 Exhibit B- Kolevzon Affidavit)(Eagan, Emily) Modified on 12/4/2023 (ko). |
| Filing 283 Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Motion Hearing held on 11/29/2023. IT IS ORDERED that Defendants' #254 Motion to Compel is DEFERRED, pending in camera inspection of review of the unredacted records in dispute. IT IS FURTHER ORDERED that Plaintiff shall produce a hard copy of the unredacted records, with highlights of the proposed redactions, as soon as possible, and no later than MONDAY, DECEMBER 4, 2023. (Court Reporter Sammantha Morgan.) (rt) |
| Filing 282 REPLY to Response to Motion filed by Hain Celestial Group, Inc., Nurture, LLC re #254 MOTION to Compel Unredacted Records. (rt) (Additional attachment(s) added on 11/29/2023: #1 SEALED) (rt). |
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Filing 281
ORDER granting #278 Motion for Leave to File Reply. Signed by Magistrate Judge Donna Phillips Currault on 11/29/2023. (rt)
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Filing 280
ORDER granting #279 Motion for Leave to File Under Seal. The Clerk of Court shall file an unredacted Reply Memorandum in Support of Defendants' Motion to Compel (Rec. Doc. #278 -2) UNDER SEAL. Signed by Magistrate Judge Donna Phillips Currault on 11/29/2023. (rt)
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| Filing 279 EXPARTE/CONSENT MOTION for Leave to File Under Seal an Unredacted Reply Memorandum in Support of Defendants' Motion to Compel Unredacted Records by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Capodice, Camala E.) (Additional attachment(s) added on 11/29/2023: #3 SEALED Memorandum in Support) (rt). |
| Filing 278 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion to Compel Unredacted Records by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Capodice, Camala E.) (PER #280 ORDER: Additional attachment(s) added on 11/29/2023: #3 SEALED Memorandum in Support) (rt). Modified text on 11/29/2023 (rt). |
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Filing 277
ORDER granting #274 Motion for Extension of Deadlines. The deadlines for Nurture's opposition to Plaintiff's #268 Motion to Compel and for Plaintiff's opposition to Nurture's #270 Motion for Protective Order are hereby extended to December 1, 2023, and any Reply Memoranda must be filed by December 7, 2023. Signed by Magistrate Judge Donna Phillips Currault on 11/28/2023. (rt)
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Filing 276
ORDER: IT IS ORDERED that the submission date of both motions (ECF Nos. #268 , #270 ) is CONTINUED to Wednesday, December 13, 2023. IT IS FURTHER ORDERED that a hearing on these matters will be conducted in person on WEDNESDAY, DECEMBER 13, 2023, at 11:00 a.m. before Magistrate Judge Donna Phillips Currault. Signed by Magistrate Judge Donna Phillips Currault on 11/27/2023. (rt)
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| Filing 275 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #268 MOTION to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition (Maples, Janna) |
| Filing 274 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #270 MOTION for Protective Order , #268 MOTION to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
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Filing 273
ORDER granting #269 Motion for Leave to File Under Seal. The Clerk of Court shall file the unredacted Memorandum in Support (Rec. Doc. 268-1) and Exhibits A (Rec. Doc. 268-2), B (Rec. Doc. 268-3), C (Rec. Doc. 268-4) to Plaintiff's Motion to Compel (Rec. Doc. #268 ) UNDER SEAL. Signed by Magistrate Judge Donna Phillips Currault on 11/27/2023. (rt)
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Filing 272
ORDER granting #267 Motion for Leave to File Under Seal. The Clerk of Court shall file the unredacted Memorandum in Opposition (Rec. Doc. #266 ) to Defendants' Motion to Compel Unredacted Records (Rec. Doc. #254 ) UNDER SEAL. Signed by Magistrate Judge Donna Phillips Currault on 11/27/2023. (rt)
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| Filing 271 Request/Statement of Oral Argument by Nurture, LLC regarding #270 MOTION for Protective Order (Capodice, Camala E.) |
| Filing 270 MOTION for Protective Order by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 12/6/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Notice of Submission)(Capodice, Camala E.) |
| Filing 269 EXPARTE/CONSENT MOTION for Leave to File Under Seal an Unredacted Memorandum in Support and Exhibits A, B, and C to Motion to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Maples, Janna) |
| Filing 268 MOTION to Compel Nurture's Discovery Responses and to Designate a Corporate Witness to Testify on Topics in Plaintiff's First Amended Notice of 30(b)(6) Deposition by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 12/6/2023. (Attachments: #1 Memorandum in Support (redacted), #2 Exhibit A (filed under seal), #3 Exhibit B (filed under seal), #4 Exhibit C (filed under seal), #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Notice of Submission)(Maples, Janna) (PER #273 ORDER: Additional attachment(s) added on 11/27/2023: #10 SEALED Memorandum in Support, #11 SEALED Exhibit A, #12 SEALED Exhibit B, #13 SEALED Exhibit C) (rt). Modified text on 11/27/2023 (rt). |
| Filing 267 EXPARTE/CONSENT MOTION for Leave to File Under Seal an Unredacted Memorandum in Opposition to Defendants' Motion to Compel Unredacted Records by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Clavier, Madeleine) (Additional attachment(s) added on 11/21/2023: #3 SEALED Proposed Pleading) (ko). Image QC'd on 11/22/2023 (rt). |
| Filing 266 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #254 MOTION to Compel Unredacted Records (Redacted). (Clavier, Madeleine) (PER #272 ORDER: Additional attachment(s) added on 11/27/2023: #1 SEALED unredacted Memorandum) (rt). Modified text on 11/27/2023 (rt). |
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Filing 265
ORDER granting #264 Motion to Remove From the Public Record. Further, the Court grants Defendants leave to file the proposed redacted versions of Exhibits 2, 4, and 5 into the public record, with the unredacted versions to be placed under seal. Signed by Magistrate Judge Donna Phillips Currault on 11/21/2023. (rt)
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| Filing 264 EXPARTE/CONSENT MOTION to Remove from Public Record Exhibits 2, 4, and 5 filed in support of re #254 MOTION to Compel Unredacted Records and for Leave to Seal and File Redacted Versions of Exhibits into the Record by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5)(Capodice, Camala E.) Modified on 11/21/2023 (ko). |
| Filing 263 NOTICE: A party in this matter has requested oral argument motion (ECF No. #256 ) on a contested motion pending before United States Magistrate Judge Donna Phillips Currault. In accordance with Local Rule 78.1, a request for oral argument is deemed granted unless the Court advises the parties otherwise. Accordingly, absent a further Order from this Court denying the request for oral argument, argument will proceed on the motion's specified submission date. Oral arguments before Judge Currault are held in-person in Courtroom B-421 at 11:00 a.m. (rt) |
| Filing 262 REPLY to Response to Motion filed by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market, Inc. re #235 MOTION and Request for Science Day. (Attachments: #1 Exhibit 1)(ko) |
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Filing 261
ORDER granting #259 Motion for Leave to File Reply re rec. doc. 235. Signed by Judge Darrel James Papillion on 11/14/2023. (ko)
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Filing 260
ORDER granting in part and denying in part #255 Motion for Leave to File Under Seal an Unredacted Memorandum and Exhibits. The Clerk is directed to file under seal the unredacted memorandum (redacted version filed at ECF No. 254-1) and Exhibits Nos. 6, 7, 8, 9, and 10 (ECF Nos. 254-7, 254-8, 254-9, 254-10, and 254-11). In accordance with Local Rule 5.6(D), Defendants may file a motion to remove Exhibit Nos. 2, 4 and 5 from the public record within seven days and thereafter file a Motion to Seal and File Redacted Exhibits obscuring only those portions that reflect sensitive medical information. Signed by Magistrate Judge Donna Phillips Currault on 11/13/2023. (rt)
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| Filing 259 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion and Request for Science Day by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1)(Capodice, Camala E.) |
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Filing 258
ORDER granting #252 Motion to Withdraw. IT IS FURTHER ORDERED that Plaintiffs' #250 Motion to Compel and associated exhibits be STRICKEN and WITHDRAWN from the public record. Signed by Magistrate Judge Donna Phillips Currault on 11/13/2023. (rt)
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| Filing 257 Correction of Docket Entry by Clerk re #255 MOTION for Leave to File Under Seal an Unredacted Memorandum in Support and Exhibits 2, 4, 5, 6, 7, 8, 9, and 10 to Motion to Compel Unredacted Records: Filing attorney should have changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the magistrate judge. Clerk took corrective action. (ko) |
| Filing 256 Request/Statement of Oral Argument by Hain Celestial Group, Inc., Nurture, LLC regarding #254 MOTION to Compel Unredacted Records (Capodice, Camala E.) |
| Filing 255 EXPARTE/CONSENT MOTION for Leave to File Under Seal an Unredacted Memorandum in Support and Exhibits 2, 4, 5, 6, 7, 8, 9, and 10 to Motion to Compel Unredacted Records by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Magistrate Judge Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Capodice, Camala E.) Modified on 11/13/2023 (ko). |
| Filing 254 MOTION to Compel Unredacted Records by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 11/29/2023. (Attachments: #1 Memorandum in Support (redacted), #2 Exhibit 1, #3 Exhibit 2 (filed under seal), #4 Exhibit 3, #5 Exhibit 4 (filed under seal), #6 Exhibit 5 (filed under seal), #7 Exhibit 6 (filed under seal), #8 Exhibit 7 (filed under seal), #9 Exhibit 8 (filed under seal), #10 Exhibit 9 (filed under seal), #11 Exhibit 10 (filed under seal), #12 Notice of Submission)(Capodice, Camala E.) (Per #260 Order:Additional attachment(s) added on 11/14/2023: #14 SEALED Exhibit 2, #15 SEALED Exhibit 4, #16 SEALED Exhibit 5, #17Exhibit 6, #18 Exhibit 7, #19 Exhibit 8, #20 Exhibit 9, #21 Exhibit 10, #22 Unredacted Memorandum in Support) (rt). Modified text on 11/14/2023 (rt). (Per #265 Order: Additional attachment(s) added on 11/21/2023: #23 Redacted Exhibit 2, #24 Redacted Exhibit 4, #25 Redacted Exhibit 5) (rt). Modified text on 11/21/2023 (rt). |
| Filing 253 NOTICE TO PRODUCE HARD COPY re #249 Response/Memorandum in Opposition to Motion. Because R. Doc. 249 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder, as set forth herein. Signed by Judge Darrel James Papillion.(ko) |
| Filing 252 EXPARTE/CONSENT MOTION to Withdraw Document re #250 MOTION to Compel Nurture's Discovery Responses and Corporate Witness for 30(b)(6) Deposition by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
| Filing 251 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #250 MOTION to Compel Nurture's Discovery Responses and Corporate Witness for 30(b)(6) Deposition (Clavier, Madeleine) |
| Filing 250 **WITHDRAWN PER #258 ORDER** **DEFICIENT** MOTION to Compel Nurture's Discovery Responses and Corporate Witness for 30(b)(6) Deposition by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 11/22/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Notice of Submission)(Clavier, Madeleine) Modified text on 11/8/2023 (rt). Modified text on 11/13/2023 (rt). |
| Filing 249 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #235 MOTION and Request for Science Day. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Wagstaff, Aimee) Modified text on 11/8/2023 (cwa). |
| Filing 248 REPLY to Response to Motion filed by Amazon.com Sales, Inc., Whole Foods Market Services, Inc. re #220 MOTION to Dismiss for Failure to State a Claim. (ko) |
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Filing 247
ORDER granting #242 Motion for Leave to File Reply re rec. doc. 220. Signed by Judge Darrel James Papillion on 11/01/2023. (ko)
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| Filing 246 REPLY to Response to Motion filed by Amazon.com Services LLC, Whole Foods Market Services, Inc. re #220 MOTION to Dismiss for Failure to State a Claim (my) |
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Filing 245
ORDER granting #241 Motion for Leave to File Reply. Signed by Judge Darrel James Papillion on 10/31/2023. (my)
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| Filing 244 REPLY to Response to Motion filed by Hain Celestial Group, Inc., Nurture, LLC re #210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim. (my) |
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Filing 243
ORDER granting #240 Motion for Leave to File Reply. Signed by Judge Darrel James Papillion on 10/31/2023. (my)
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| Filing 242 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Further Support of Motion to Dismiss Pursuant to Federal Rule 12(b)(6) rec. doc. 220 by Amazon.com Sales, Inc., Whole Foods Market Services, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Ballay, Brian) Modified on 11/1/2023 (ko). |
| Filing 241 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Dismiss by Amazon.com Services LLC, Whole Foods Market Services, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Cochran, Douglas) |
| Filing 240 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Capodice, Camala E.) |
| Filing 239 NOTICE REGARDING ORAL ARGUMENT REQUEST re #235 MOTION and Request for Science Day. (cwa) |
| Filing 238 DEFICIENT --- REPLY to Response to Motion filed by Amazon.com Sales, Inc., Whole Foods Market Services, Inc. re #220 MOTION to Dismiss for Failure to State a Claim filed by Defendants Amazon.com Sales LLC and by Whole Foods Market Services, Inc.. (Ballay, Brian) Modified text on 10/31/2023 (cs). |
| Filing 237 Correction of Docket Entry by Clerk re #235 MOTION and Request for Science Day: Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. (ko) |
| Filing 236 Request/Statement of Oral Argument by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc. regarding #235 MOTION and Request for Science Day. (ko) |
| Filing 235 MOTION and Request for Science Day by Nurture, LLC. Motion(s) will be submitted on 11/15/2023. (Attachments: #1 Memorandum in Support, #2 Request for Oral Argument, #3 Notice of Submission)(Capodice, Camala E.) |
| Filing 234 NOTICE REGARDING ORAL ARGUMENT REQUEST re #233 Request/Statement of Oral Argument, #231 Request/Statement of Oral Argument. (cwa) |
| Filing 233 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #220 MOTION to Dismiss for Failure to State a Claim filed by Defendants Amazon.com Sales LLC and (Cheek, Lindsey) |
| Filing 232 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #220 MOTION to Dismiss for Failure to State a Claim filed by Defendants Amazon.com Sales LLC and . (Cheek, Lindsey) |
| Filing 231 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim (Cheek, Lindsey) |
| Filing 230 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim . (Cheek, Lindsey) |
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Filing 229
ORDER granting #226 Consent Motion to Cancel Contradictory Hearing. The October 18, 2023, at 11:00 a.m., contradictory hearing before Magistrate Judge Phillips Currault is cancelled. and the deferred portion of the motion to compel (ECF Nos. #126 , #178 ) is now moot. Signed by Magistrate Judge Donna Phillips Currault on 10/16/2023. (rt)
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Filing 228
ORDER granting #225 Motion to Amend the Case Caption. The Clerk is directed to amend the official case caption as set forth herein. Signed by Judge Darrel James Papillion on 10/16/2023. (ko)
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Filing 227
ORDER granting #224 Motion for Joinder. Amazon Services, LLC and Whole Foods Market Services, Inc. shall be joined in Defendants Nurture, LLC and Hain Celestial Group, Inc.'s pending motion to Dismiss Plaintiff's Punitive Damages Claim (R. Doc. 210). Signed by Judge Darrel James Papillion on 10/13/2023. (ko)
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| Filing 226 EXPARTE/CONSENT MOTION Cancel October 18, 2023 Hearing by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 225 EXPARTE/CONSENT MOTION to Amend/Correct Case Caption by Nurture, LLC. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 224 EXPARTE/CONSENT MOTION for Joinder in Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim re rec. doc. 210 by Amazon.com Services LLC, Whole Foods Market Services, Inc. (Attachments: #1 Proposed Order)(Metzinger, Walter) Modified on 10/13/2023 (ko). |
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Filing 223
ORDER granting #222 MOTION for Extension of Deadlines to Submit Opposition to Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim. The submission date of #210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim is continued to 11/1/2023, with Plaintiff's opposition due no later than eight days before that date. Signed by Judge Darrel James Papillion on 10/11/2023.(ko)
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| Filing 222 EXPARTE/CONSENT MOTION for Extension of Deadlines to Submit Opposition to Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
| Filing 221 ANSWER to #197 Amended Complaint with Jury Demand by Whole Foods Market Services, Inc..(Rychlak, Alexandra) |
| Filing 220 MOTION to Dismiss for Failure to State a Claim filed by Defendants Amazon.com Sales LLC and by Whole Foods Market Services, Inc.. Motion(s) will be submitted on 11/1/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Rychlak, Alexandra) |
| Filing 219 **DEFICIENT** Request by Amazon.com Services LLC, Whole Foods Market Services, Inc. for Joinder in Defendants' Motion to Dismiss Plaintiff's Punitive Damages Claim (Cochran, Douglas) Modified on 10/10/2023 (ko). |
| Filing 218 ANSWER to #197 Amended Complaint with Jury Demand by Amazon.com Services LLC.(Cochran, Douglas) |
| Filing 217 TRANSCRIPT of Motion Hearing held on August 23, 2023 before Judge Donna Phillips Currault. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 1/2/2024. (Simcox, Jodi) |
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Filing 215
ORDER granting #212 Joint MOTION to Modify the Scheduling Order. Final Pretrial Conference reset for 7/25/2024 10:30 AM before Judge Darrel James Papillion. Jury Trial reset for 8/12/2024 09:00 AM before Judge Darrel James Papillion. All discovery must be completed by 4/17/2024. Other deadlines modified as set forth herein. FURTHER ORDERED that all other aspects of the scheduling order remain unchanged. Signed by Judge Darrel James Papillion on 10/02/2023. (Attachments: #1 Pretrial Notice Form)(ko)
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Filing 214
ORDER granting #208 Motion for Extension of Time to Answer re #197 Amended Complaint, as to Amazon.com Services LLC answer due 10/6/2023; Whole Foods Market Services, Inc. answer due 10/6/2023. Signed by Judge Darrel James Papillion on 10/02/2023. (ko) Modified text on 10/2/2023 (ko).
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| Filing 213 Correction of Docket Entry by Clerk re #212 Joint MOTION to Modify the Scheduling Order , #210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim: Filing attorney did not enter additional filers in the blank text box on the docket text screen. Clerk added filers. (ko) |
| Filing 212 EXPARTE/CONSENT Joint MOTION to Modify the Scheduling Order by James A Watkins, Margaret Watkins, Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc. (Attachments: #1 Proposed Order)(Clavier, Madeleine) Modified on 10/2/2023 (ko). Modified on 10/2/2023 (ko). |
| Filing 211 ANSWER to #197 Amended Complaint with Jury Demand by Nurture, LLC.(Capodice, Camala E.) |
| Filing 210 MOTION to Dismiss for Failure to State a Claim Plaintiff's Punitive Damages Claim by Nurture, LLC, Hain Celestial Group, Inc. Motion(s) will be submitted on 10/18/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Capodice, Camala E.) Modified on 10/2/2023 (ko). |
| Filing 209 ANSWER to #197 Amended Complaint with Jury Demand by Hain Celestial Group, Inc..(Eagan, Emily) |
| Filing 208 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #197 Amended Complaint Unopposed by Plaintiffs by Amazon.com Services LLC, Whole Foods Market Services, Inc.. (Attachments: #1 Proposed Order)(Metzinger, Walter) |
| Filing 216 Return of Service of Subpoena served on Amanda Stewart, MA, CCC-SLP on 09/18/2023(ko) |
| Filing 207 NOTICE of Change of Address by Alexandra M. Walsh on behalf of James A Watkins, Margaret Watkins. (Walsh, Alexandra) |
| Filing 206 NOTICE TO PRODUCE HARD COPY re #200 Supplemental Memorandum, filed by Nurture, LLC. Because R. Doc. 200 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder, as set forth herein. Issued for the Court by Clerk.(ko) Modified text on 9/20/2023 (ko). |
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Filing 205
ORDER granting #202 Motion to Appear Pro Hac Vice as to Pedram Esfandiary. Signed by Judge Darrel James Papillion on 09/20/2023. (Attachments: #1 Notice) (ko)
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Filing 204
ORDER granting #198 Motion to Appear Pro Hac Vice as to Christopher Michael Gismondi. Signed by Judge Darrel James Papillion on 09/19/2023. (Attachments: #1 Notice) (ko)
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| Filing 203 Correction of Docket Entry by Clerk re #202 MOTION to Appear Pro Hac Vice Pedram Esfandiary (Fee previously paid): For future filings, the title of the attached proposed order should not include the word "Proposed" but only reflect "Order" on the actual document. (ko) |
| Filing 202 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Pedram Esfandiary (Fee previously paid) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Pedram Esfandiary, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) |
| Filing 201 Supplemental Memorandum filed by James A Watkins, Margaret Watkins, in Support of #112 MOTION to Remand to State Court . (ko) |
| Filing 200 Supplemental Memorandum filed by Nurture, LLC, in Opposition of #112 MOTION to Remand to State Court . (Attachments: #1 Declaration, #2 Redacted Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Redacted Exhibit D, #6 Redacted Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(ko) |
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Filing 199
ORDER granting #180 Motion for Leave to File Supplemental Memorandum in Support of Subject Matter Jurisdiction and in Opposition to Motion to Remand. FURTHER ORDERED that #182 Motion for Leave to File Additional Reply in Support of Motion to Remand is granted. FURTHER ORDERED that #194 Motion to Appear Pro Hac Vice as to R. Brent Wisner is granted. Signed by Judge Darrel James Papillion on 09/18/2023. (Attachments: #1 Notice) (ko)
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| Filing 198 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Chris Gismondi (Filing fee $ 100 receipt number ALAEDC-10157678) by Nurture, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 ECF Consent Form, #4 Proposed Order)(Capodice, Camala E.) |
| Filing 197 AMENDED COMPLAINT with Jury Demand against Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc., Unidentified Party filed by Margaret Watkins, James A Watkins. (rt) |
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Filing 196
ORDER AND REASONS granting #183 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Donna Phillips Currault on 9/15/2023. (rt) Modified text on 9/15/2023 (rt).
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| Filing 195 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Pedram Esfandiary (Filing fee $ 100 receipt number ALAEDC-10146458) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Pedram Esfandiary, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) Modified on 9/13/2023 (ko). |
| Filing 194 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice R. Brent Wisner (Filing fee $ 100 receipt number ALAEDC-10146406) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of R. Brent Wisner, #2 Exhibit 2 - Certificates of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) |
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Filing 193
ORDER granting #192 Motion for Leave to File Redacted Exhibits into the Record. Signed by Judge Darrel James Papillion on 09/11/2023. (ko)
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| Filing 192 EXPARTE/CONSENT MOTION for Leave to File Redacted Exhibits Into the Record by Nurture, LLC. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit E, #4 Proposed Order)(Capodice, Camala E.) |
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Filing 191
ORDER granting #190 Motion to Continue. IT IS FURTHER ORDERED that a contradictory hearing be held as to the records request directed to the minor half-sibling, in accordance with La. Rev. Stat. 13:3715.1(B)(5), on WEDNESDAY, October 18, 2023, at 11:00 a.m. before Magistrate Judge Donna Phillips Currault. Signed by Magistrate Judge Donna Phillips Currault on 9/5/2023. (rt)
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| Filing 190 EXPARTE/CONSENT MOTION to Continue Contradictory Hearing by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
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Filing 189
ORDER AND REASONS denying #181 Motion for Leave to File Under Seal Exhibits A, D, and E to Supplemental Memorandum in Support of Subject Matter Jurisdiction and in Opposition to Motion to Remand, with the right to be re-urged as instructed herein. Signed by Judge Darrel James Papillion on 08/31/2023. (ko)
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Filing 188
ORDER granting #185 Motion to Appear Pro Hac Vice as to William Louis Smith. Signed by Judge Darrel James Papillion on 08/30/2023. (Attachments: #1 Notice) (ko)
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Filing 187
ORDER granting #179 Motion to Appear Pro Hac Vice as to Lucas Peter Przymusinski and #186 Motion to Appear Pro Hac Vice Brenna Dee Kelly. Signed by Judge Darrel James Papillion on 08/30/2023. (Attachments: #1 Notice) (ko)
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| Filing 186 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Brenna Kelly (Filing fee $ 100 receipt number ALAEDC-10119656) by Nurture, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 ECF Consent Form, #4 Proposed Order)(Capodice, Camala E.) |
| Filing 185 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10115538) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit, #2 Exhibit, #3 Consent to Electronic Filing, #4 Proposed Order)(Cheek, Lindsey) |
| Filing 184 Correction of Docket Entry by Clerk re #183 MOTION for Leave to File Amended Complaint: Filing attorney should have changed "N" to "Y" at the question "Is this motion to be decided by the Magistrate Judge Y/N?" This motion will be decided by the magistrate judge. Clerk took corrective action. (ko) |
| Filing 183 MOTION for Leave to File Amended Complaint by James A Watkins, Margaret Watkins. Motion(s) will be submitted on 9/20/2023. Motion referred to Magistrate Judge Donna Phillips Currault. (Attachments: #1 Proposed Pleading, #2 Notice of Submission, #3 Proposed Order)(Walsh, Alexandra) Modified on 8/28/2023 (ko). |
| Filing 182 EXPARTE/CONSENT MOTION for Leave to File Additional Reply Memorandum in Support of Plaintiffs Motion to Remand by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Cheek, Lindsey) |
| Filing 181 EXPARTE/CONSENT MOTION for Leave to File Under Seal Exhibits A, D, and E to Supplemental Memorandum in Support of Subject Matter Jurisdiction and in Opposition to Motion to Remand (Rec. Doc. 180-1) by Nurture, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Capodice, Camala E.) |
| Filing 180 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Subject Matter Jurisdiction and in Opposition to Plaintiffs Motion to Remand by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Declaration in Support, #4 Exhibit A (Filed Under Seal), #5 Exhibit B, #6 Exhibit C, #7 Exhibit D (Filed Under Seal), #8 Exhibit E (Filed Under Seal), #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(Capodice, Camala E.) (Additional attachment(s) added on 9/12/2023: #12 Redacted Exhibit A, #13 Redacted Exhibit D, #14 Redacted Exhibit E) (ko). |
| Filing 179 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lucas Przymusinski (Filing fee $ 100 receipt number ALAEDC-10106702) by Nurture, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 E-filing Consent, #5 Proposed Order)(Capodice, Camala E.) |
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Filing 177
TEXT ORDER (No PDF Document Attached) denying as moot #176 Motion for Leave to File. Signed by Magistrate Judge Donna Phillips Currault on 8/24/2023. (DPC)
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| Filing 178 Minute Order. Motion Hearing held on 8/23/2023 before Magistrate Judge Donna Phillips Currault: IT IS ORDERED that Defendants' #126 Motion to Compel is GRANTED IN PART AND DENIED IN PART as to Mr. and Mrs. Watkins and DEFERRED as to the minor half-sibling as stated on the record. IT IS FURTHER ORDERED that Nurture, LLC prepare subpoenas directed to James and Margaret Watkins', as stated herein. IT IS FURTHER ORDERED that contradictory hearing be held as to the records request directed to the minor half-sibling, in accordance with La. Rev. Stat. 13:3715.1(B)(5). Defense counsel shall notify the minor half-sibling's mother of same and issue a subpoena for her appearance at the hearing now scheduled for WEDNESDAY, September 6, 2023, at 11:00 a.m. before Magistrate Judge Donna Phillips Currault. (Court Reporter Jodi Simcox.) (rt) |
| Filing 176 EXPARTE/CONSENT MOTION for Leave to File Surreply Memo in Opposition to Defendants' Motion to Compel Discovery Responses by James A Watkins, Margaret Watkins. Motion referred to Magistrate Judge Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Cheek, Lindsey) Modified on 8/23/2023 (ko). |
| Filing 175 REPLY to Response to Motion filed by Hain Celestial Group, Inc., Nurture, LLC re #126 MOTION to Compel Discovery Responses. (rt) |
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Filing 174
ORDER granting #173 Motion for Leave to File Reply. Signed by Magistrate Judge Donna Phillips Currault on 8/22/2023. (rt)
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| Filing 173 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Compel by Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Capodice, Camala E.) |
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Filing 172
ORDER granting #169 Motion to Appear Pro Hac Vice as to Aimee H Wagstaff. Signed by Judge Darrel James Papillion on 08/21/2023. (Attachments: #1 Notice) (ko)
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| Filing 171 Correction of Docket Entry by Clerk re #169 MOTION to Appear Pro Hac Vice as to Aimee H. Wagstaff (Filing fee $ 100 receipt number ALAEDC-10092588): Attachment has duplicate description. For attachments select either a category OR enter a description. Selecting both will result in duplicate docket text. Clerk took corrective action. (ko) |
| Filing 170 TRANSCRIPT of Motion Hearing held on August 17, 2023 before Judge Darrel James Papillion. Court Reporter/Recorder Alexis A. Vice, Telephone number (504) 589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/16/2023. (Vice, Alexis) |
| Filing 169 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Aimee H. Wagstaff (Filing fee $ 100 receipt number ALAEDC-10092588) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Aimee H. Wagstaff, #2 Exhibit 2 - Certificates of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) Modified on 8/21/2023 (ko). |
| Filing 168 Minute Entry for proceedings held before Judge Darrel James Papillion: Oral Argument held on 8/17/2023 re #112 MOTION to Remand to State Court filed by Margaret Watkins, James A Watkins. The Matter was taken under advisement. Plaintiff is granted leave to file a reply with respect to Nurture, LLCs Sur-Reply (R. Doc. 165) on or before August 24, 2023. (Court Reporter Alexis Vice.) (cs) |
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Filing 167
ORDER: Due to a conflict on the Court's calendar, IT IS ORDERED that oral argument scheduled for WEDNESDAY, AUGUST 23, 2023, WILL TAKE PLACE AT 9:00 A.M. instead of 11:00 a.m. before Magistrate Judge Donna Phillips Currault, 500 Poydras Street, Hale Boggs Building, Room B-421, New Orleans, Louisiana. The hearing will be conducted in person. Signed by Magistrate Judge Donna Phillips Currault on 8/17/2023. (rt)
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| Filing 166 RESPONSE/MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #126 MOTION to Compel Discovery Responses . (Attachments: #1 Exhibit, #2 Exhibit)(Cheek, Lindsey) |
| Filing 165 Supplemental Memorandum filed by Nurture, LLC, in Opposition of #112 MOTION to Remand to State Court . (ko) |
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Filing 164
ORDER granting #159 Motion for Leave to File Sur-Reply in Response to Plaintiffs' Motion to Remand. Signed by Judge Darrel James Papillion on 08/15/2023. (ko)
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| Filing 163 STIPULATION of Dismissal Without Prejudice as to minor RAW by All Plaintiffs (Walsh, Alexandra) |
| Filing 162 STIPULATION of Dismissal Without Prejudice as to James Alex Watkins by All Plaintiffs (Walsh, Alexandra) |
| Filing 161 STIPULATION of Dismissal Without Prejudice as to Margaret Watkins by All Plaintiffs (Walsh, Alexandra) |
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Filing 160
ORDER granting #152 Motion to Appear Pro Hac Vice as to P. Andrew McStay, Jr. Signed by Judge Darrel James Papillion on 08/14/2023. (Attachments: #1 Notice) (ko)
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| Filing 159 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply Memorandum in Response to Plaintiffs' Motion to Remand by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Capodice, Camala E.) |
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Filing 158
ORDER granting #155 Motion to Appear Pro Hac Vice as to Samuel A Martin. Signed by Judge Darrel James Papillion on 08/14/2023. (Attachments: #1 Notice) (ko)
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| Filing 157 Correction of Docket Entry by Clerk re #155 MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10076888). Document contains incorrect Magistrate Judge. All future pleadings must reflect Section P Darrel James Papillion and Magistrate Judge (2) Donna Phillips Currault. (cs) |
| Filing 156 NOTICE REGARDING ORAL ARGUMENT REQUEST re #153 MOTION for Leave to File Second Amended Notice of Removal. (cwa) |
| Filing 155 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice , Samuel A. Martin (Filing fee $ 100 receipt number ALAEDC-10076888) by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Affidavit, #3 Certificate of Good Standing, #4 Consent to Electronic Filing)(Cheek, Lindsey) Modified text on 8/11/2023 (cs). |
| Filing 154 Request/Statement of Oral Argument by Nurture, LLC regarding #153 MOTION for Leave to File Second Amended Notice of Removal (Capodice, Camala E.) |
| Filing 153 MOTION for Leave to File Second Amended Notice of Removal by Nurture, LLC. Motion(s) will be submitted on 9/20/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Notice of Submission)(Capodice, Camala E.) |
| Filing 152 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice by P. Andrew McStay (Filing fee $ 100 receipt number ALAEDC-10073647) by Amazon.com Services LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Declaration, #3 Exhibit B - Certificate of Good Standing, #4 Exhibit C - Consent to E-Filing)(Cochran, Douglas) (Attachment 4 replaced on 8/10/2023) (cs). Modified image/text on 8/10/2023 (cs). |
| Filing 151 Statement of Corporate Disclosure by Hain Celestial Group, Inc. (Eagan, Emily) |
| Filing 150 NOTICE TO ALL PARTIES AND COUNSEL: The Court hereby gives notice that an immediate family member of the undersigned previously owned shares of Amazon.com, Inc. (AMZN) stock. All shares were sold in April 2023, prior to the undersigned's confirmation as a United States District Court Judge, and prior to the transfer of this action to the undersigned. While the undersigned has filed appropriate financial disclosure forms and amendments to the same as a Federal Judicial Nominee and as a United States District Court Judge, the Sale of the AMZN stock will not be reflected on relevant disclosure forms until 2024. The Court does not believe this past financial activity creates a conflict of interest or warrants recusal or other action under applicable law or canons. The Court desires, however, to scrupulously avoid the appearance of impropriety, and promote confidence in the federal judiciary, and therefore gives this notice to all parties and counsel. Signed by Judge Darrel James Papillion on 08/07/2023.(ko) |
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Filing 149
ORDER granting #148 Motion to Appear Pro Hac Vice as to Ashley Vulin. Signed by Judge Darrel James Papillion on 08/07/2023. (Attachments: #1 Notice) (ko)
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| Filing 148 EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10065301) by Amazon.com Services LLC. (Attachments: #1 Proposed Order, #2 Exhibit Declaration of Ashley L. Vulin, #3 Exhibit Certificate of Good Standing, #4 Exhibit Consent to Electronic Filing)(Cochran, Douglas) |
| Filing 147 Correction of Docket Entry by Clerk re #145 Statement of Corporate Disclosure: Filing attorney did not enter Amazon.com Sales, Inc. as a corporate parent at the prompt "Search for a corporate parent or other affiliate." Clerk took corrective action. (ko) |
| Filing 146 **DEFICIENT** EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10061547) by Amazon.com Services LLC. (Attachments: #1 Proposed Order, #2 Exhibit Declaration of Ashley L. Vulin, #3 Exhibit Certificate of Good Standing, #4 Exhibit Consent to Electronic Filing)(Cochran, Douglas) Modified on 8/3/2023 (ko). |
| Filing 145 Statement of Corporate Disclosure by Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC (Cochran, Douglas) |
| Filing 144 Supplemental Reply Memorandum filed by All Plaintiffs, in Support of #112 MOTION to Remand to State Court . (ko) |
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Filing 143
ORDER granting #142 Motion for Leave to File Supplemental Reply Memorandum re Rec. Doc. 112. Signed by Judge Darrel James Papillion on 08/02/2023. (ko)
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| Filing 142 EXPARTE/CONSENT MOTION for Leave to File Supplemental Reply Memorandum in Support of Plaintiffs Motion to Remand rec. doc. 112 by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Cheek, Lindsey) Modified on 8/2/2023 (ko). |
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Filing 141
ORDER granting #139 MOTION to Continue Submission Date on Defendants' Motion to Compel Discovery Responses. The submission date on the #126 MOTION to Compel Discovery Responses is hereby set for August 23, 2023, at 11:00 a.m. before Magistrate Judge Donna Phillips Currault. Signed by Magistrate Judge Donna Phillips Currault on 8/1/2023. (rt)
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| Filing 140 Correction of Docket Entry by Clerk re #139 MOTION to Continue Submission Date on Defendants' Motion to Compel Discovery Responses: Filing attorney incorrectly associated themselves with a party they do not represent. When filing a joint motion, check or uncheck the appropriate box when prompted The following attorney/party associations do not exist for the above case(s). Please check the box on the left of the screen for associations which should be created. If the association should not be created, be sure the box is unchecked. Clerk has deleted attorney from party they do not represent. No further action is necessary. (ko) |
| Filing 139 EXPARTE/CONSENT MOTION to Continue Submission Date on Defendants' Motion to Compel Discovery Responses by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order) (Capodice, Camala E.) Modified on 8/1/2023 (ko). |
| Filing 138 **DEFICIENT** Amendment/Supplement to Document by James A Watkins, Margaret Watkins re #112 MOTION to Remand to State Court (Cheek, Lindsey) Modified on 8/1/2023 (ko). |
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Filing 137
ORDER granting #132 Motion to Appear Pro Hac Vice as to David Sneed. Signed by Judge Darrel James Papillion on 07/28/2023. (Attachments: #1 Notice) (ko)
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| Filing 136 AMENDED SCHEDULING ORDER: All discovery must be completed by 1/19/2024. Status Conference set for 3/20/2024 01:00 PM before Judge Darrel James Papillion. Final Pretrial Conference set for 4/18/2024 02:00 PM before Judge Darrel James Papillion. Jury Trial set for 4/29/2024 09:00 AM before Judge Darrel James Papillion. Issued for the Court by Clerk. (Attachments: #1 Pretrial Notice Form)(ko) |
| Filing 135 REPLY to Response to Motion filed by All Plaintiffs re #112 MOTION to Remand to State Court . (ko) |
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Filing 134
ORDER granting #125 Motion for Leave to File Reply in Support of Motion to Remand rec. doc. 112. Signed by Judge Darrel James Papillion on 07/27/2023. (ko)
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Filing 133
ORDER granting #129 Motion to Appear Pro Hac Vice as to Elizabeth T. Fouhey. Signed by Judge Darrel James Papillion on 07/27/2023. (Attachments: #1 Notice) (ko)
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| Filing 132 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10051476) by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Affidavit, #3 Exhibit Certificate of Good Standing, #4 Exhibit Court's Administrative Procedures for Electronic Case Filing)(Eagan, Emily) |
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Filing 131
ORDER granting #124 Motion to Appear Pro Hac Vice as to Caryl Lyn Pruitt. Signed by Judge Darrel James Papillion on 07/26/2023. (Attachments: #1 Notice) (ko)
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Filing 130
ORDER: At the request of counsel for defendants Nuture, LLC and The Hain Celestial Group, Inc., ECF No. #127 , oral argument on defendants' #126 Motion to Compel Discovery Responses is granted, and is hereby scheduled on WEDNESDAY, AUGUST 9, 2023, at 1:00 p.m. before Magistrate Judge Donna Phillips Currault, 500 Poydras Street, Hale Boggs Building, Room B-421, New Orleans, Louisiana. The hearing will be conducted in person. Signed by Magistrate Judge Donna Phillips Currault on 7/26/2023. (rt)
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| Filing 129 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-10048976) by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit Affidavit, #3 Exhibit Certificate of Good Standing, #4 Exhibit Court's Administrative Procedures for Electronic Case Filing)(Eagan, Emily) |
| Filing 128 Correction of Docket Entry by Clerk re #124 MOTION to Appear Pro Hac Vice Lyn Pruitt (Filing fee $ 100 receipt number ALAEDC-10046602): Filing attorney incorrectly selected Nurture, Inc. as filer. Correct filer is Nurture, LLC. Clerk took corrective action. (ko) |
| Filing 127 Request/Statement of Oral Argument by Hain Celestial Group, Inc., Nurture, LLC regarding #126 MOTION to Compel Discovery Responses (Capodice, Camala E.) |
| Filing 126 MOTION to Compel Discovery Responses by Hain Celestial Group, Inc., Nurture, LLC. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 8/9/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Submission)(Capodice, Camala E.) |
| Filing 125 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiffs Motion to Remand by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Cheek, Lindsey) |
| Filing 124 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lyn Pruitt (Filing fee $ 100 receipt number ALAEDC-10046602) by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing, #3 Affidavit, #4 E-filing Consent)(Capodice, Camala E.) Modified on 7/26/2023 (ko). |
| Filing 123 NOTICE regarding Oral Argument Request re #118 MOTION for Leave to File Amended Notice of Removal. (cwa) |
| Filing 122 NOTICE TO PRODUCE HARD COPY re #119 Response/Memorandum in Opposition to Motion. Because R. Doc. 119 contains more than 50 pages, counsel must deliver to Judge Papillion's Chambers, within 3 working days, two hard copies of the submission in a binder, as set forth herein. Issued for the Court by Clerk.(ko) |
| Filing 121 Request/Statement of Oral Argument by Nurture, LLC regarding #118 MOTION for Leave to File Amended Notice of Removal (Capodice, Camala E.) |
| Filing 120 Correction of Docket Entry by Clerk re #118 MOTION for Leave to File Amended Notice of Removal: Filing attorney selected incorrect submission date. Correct date is 08/09/2023. Clerk took corrective action. (ko) |
| Filing 119 RESPONSE/MEMORANDUM in Opposition filed by Nurture, LLC re #112 MOTION to Remand to State Court . (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Capodice, Camala E.) |
| Filing 118 MOTION for Leave to File Amended Notice of Removal by Nurture, LLC. Motion(s) will be submitted on 8/09/2023. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Notice of Submission)(Capodice, Camala E.) Modified on 7/19/2023 (ko). |
| Filing 117 MOTION to Enforce Stipulation by Whole Foods Market, Inc.. Motion(s) will be submitted on 7/26/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Notice of Submission)(Ballay, Brian) |
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Filing 116
ORDER that the Request for Oral Argument re #112 MOTION to Remand to State Court is granted. Motion Hearing with Oral Argument set for 8/17/2023 10:30 AM before Judge Darrel James Papillion. Signed by Judge Darrel James Papillion on 07/07/2023.(ko)
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| Filing 115 NOTICE Scheduling Conference set for 7/27/2023 03:30 PM before case manager by telephone. By Clerk.(ko) |
| Filing 114 NOTICE TO PRODUCE HARD COPIES re #112 MOTION to Remand to State Court. (cwa) |
| Filing 113 Request/Statement of Oral Argument by James A Watkins, Margaret Watkins regarding #112 MOTION to Remand to State Court (Attachments: #1 Proposed Order)(Cheek, Lindsey) |
| Filing 112 MOTION to Remand to State Court by James A Watkins, Margaret Watkins. Motion(s) will be submitted on 7/26/2023. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Notice of Submission)(Cheek, Lindsey) |
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Filing 111
ORDER. The #99 Motion for Extension of Deadlines for Depositions of Plaintiffs is denied as moot. The #100 Motion to Expedite Setting for Defendants' Motion for Extension of Deadline for Depositions of Plaintiffs is denied as moot. The #104 Motion for Extension of Deadlines for Depositions of Plaintiffs is denied as moot. The #105 Motion for Extension of Time to File Proposed Case Management Order Schedule is denied as moot. The #108 Joint Motion for Entry of Case Management Order is denied. ORDERED that Final Pretrial Conference reset for 4/18/2024 02:00 PM before Judge Darrel James Papillion. Jury Trial reset for 4/29/2024 09:00 AM before Judge Darrel James Papillion. The Court's Case Manager will set a scheduling conference with the parties to select pretrial deadlines in accordance with these dates. FURTHER ORDERED that because the #87 Motion to Continue Trial Date was granted by the transferor Judge, the #88 Motion to Continue Trial is denied as moot.. Signed by Judge Darrel James Papillion on 06/30/2023.(ko)
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Filing 110
ORDER granting #102 Motion to Dismiss Party. Plaintiffs' claims against Plum, PBC are dismissed with prejudice. Signed by Judge Darrel James Papillion on 06/30/2023. (ko)
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| Filing 109 Correction of Docket Entry by Clerk re #108 Joint MOTION Entry of Case Management Order: The title of the attached proposed order should not include the word "Proposed" but only reflect "Order" on the actual document. (ko) |
| Filing 108 EXPARTE/CONSENT Joint MOTION Entry of Case Management Order by Hain Celestial Group, Inc., Nurture, LLC, Whole Foods Market Services, Inc., Amazon.com Services LLC, Margaret Watkins, James A Watkins. (Attachments: #1 Proposed Case Management Order)(Eagan, Emily) Modified filers on 6/9/2023 (ko). |
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Filing 107
ORDER TRANSFERRING CASE. Case transferred to Judge Darrel James Papillion. Judge Jay C. Zainey no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 6/8/2023.(mmm)
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Filing 106
ORDER: The telephonic status conference set for Thursday, June 15, 2023 is cancelled. Signed by Judge Jay C. Zainey on 6/5/2023.(mmm)
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| Filing 105 EXPARTE/CONSENT MOTION for Extension of Time to File Proposed Case Management Order Schedule by Nurture, LLC. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 104 EXPARTE/CONSENT MOTION for Extension of Deadlines for Depositions of Plaintiffs by Nurture, LLC. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 103 Correction of Docket Entry by Clerk re #102 MOTION to Dismiss Party Plum, PBC . The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document. (cs) |
| Filing 102 EXPARTE/CONSENT Joint MOTION to Dismiss Party Plum, PBC by James A Watkins, Margaret Watkins, and Plum, PBC. (Attachments: #1 Proposed Order)(Cheek, Lindsey) Modified filer/text on 5/26/2023 (cs). |
| Filing 101 RESPONSE to Motion filed by James A Watkins, Margaret Watkins re #99 MOTION for Extension of Deadlines for Depositions of Plaintiffs . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Walsh, Alexandra) |
| Filing 100 EXPARTE/CONSENT MOTION to Expedite Setting for Defendants' Motion for Extension of Deadline for Depositions of Plaintiffs (Rec. Doc. 99) by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Plum, PBC, Whole Foods Market Services, Inc.. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 99 MOTION for Extension of Deadlines for Depositions of Plaintiffs by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Plum, PBC, Whole Foods Market Services, Inc.. Motion(s) will be submitted on 6/7/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Submission)(Capodice, Camala E.) |
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Filing 98
ORDER granting #97 Motion to Appear Pro Hac Vice as to Paul D. Schmitt. Signed by Judge Jay C. Zainey on 05/17/2023. (Attachments: #1 PHV Notice) (cs)
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| Filing 97 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Paul D. Schmitt (Filing fee $ 100 receipt number ALAEDC-9938070) by Nurture, LLC. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing, #3 Exhibit Affidavit, #4 Consent to E-File)(Capodice, Camala E.) |
| Filing 96 Minute Order. Telephone Status Conference held on 4/27/2023 held before Judge Jay C. Zainey: granting #87 Motion to Continue Trial. FURTHER ORDERED that the Plaintiffs shall submit to depositions within the next thirty days. FURTHER ORDERED that the parties are to initiate jurisdictional discovery within the next twenty days. FURTHER ORDERED that the parties are to submit a proposed case management order to the Court on or before June 3, 2023. FURTHER ORDERED: Telephone Status Conference set for 6/15/2023 10:45 AM before Judge Jay C. Zainey. (mmm) |
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Filing 95
ORDER GRANTING #94 Motion to Appear Pro Hac Vice as to Janna L Maples. Signed by Judge Jay C. Zainey on 4/27/2023. (Attachments: #1 Pro Hac Notice) (jls)
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| Filing 94 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Janna Maples (Filing fee $ 100 receipt number ALAEDC-9911578) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 - Declaration of Janna Maples, #2 Exhibit 2 - TN Certificate of Good Standing, #3 Exhibit 3 - Consent to Electronic Filing, #4 Proposed Order)(Clavier, Madeleine) |
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Filing 93
ORDER re #87 MOTION to Continue Trial Date filed by Nurture, LLC. Telephone Status Conference set for 4/27/2023 10:15 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 4/19/2023.(mmm)
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Filing 92
ORDER granting #90 Motion to Substitute Attorney. Added attorney Robert I. Siegel,Emily E. Eagan,John Caire Wegmann for Hain Celestial Group, Inc. Attorney Madeleine Fischer and Joseph Jacob Lowenthal, Jr terminated. Signed by Judge Jay C. Zainey on 4/19/2023. (mmm)
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Filing 91
ORDER granting #89 Motion to Enroll as Counsel of Record for Attorney Lindsey A. Cheek for James A Watkins, Margaret Watkins. Signed by Judge Jay C. Zainey on 4/19/2023. (mmm)
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| Filing 90 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Robert I. Siegel, Emily E. Eagan, John C. Wegmann to be substituted in place of Joseph J. Lowenthal, Jr., Madeleine Fischer by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order)Attorney Emily E. Eagan added to party Hain Celestial Group, Inc.(pty:dft).(Eagan, Emily) |
| Filing 89 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Lindsey A. Cheek by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Clavier, Madeleine) |
| Filing 88 EXPARTE/CONSENT MOTION to Withdraw Document re #87 MOTION to Continue Trial Date by Nurture, LLC. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
| Filing 87 EXPARTE/CONSENT MOTION to Continue Trial Date by Nurture, LLC. (Attachments: #1 Proposed Order)(Capodice, Camala E.) |
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Filing 86
ORDER granting #85 Motion to Appear Pro Hac Vice as to Ashley Vulin.. Signed by Judge Jay C. Zainey on 3/23/2023. (Attachments: #1 Notice PHV) (mmm)
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| Filing 85 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice by Ashley Vulin (Fee previously paid) by Amazon.com Services LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit, #3 Exhibit C - Consent to Electronic Filing, #4 Proposed Order)(Metzinger, Walter) |
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Filing 84
ORDER GRANTING #82 Motion to Substitute Attorney. Attorney Madeleine Brumley Clavier is hereby enrolled for James A Watkins and Margaret Watkins in place of Attorney James A. Watkins. Signed by Judge Jay C. Zainey on 3/20/2023. (jls)
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| Filing 83 Correction of Docket Entry by Clerk. Re #81 MOTION to Enroll as Counsel of Record. Filed in Error. This is a duplicate filing of document 82 and will be noted as such. No further action is necessary. Re #82 Motion to Withdraw Attorney. **1. Filing attorney selected incorrect event. Correct event is Motion to Substitute Attorney. Clerk took corrective action. **2. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. **3. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. **4. The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document. (mmm) |
| Filing 82 EXPARTE/CONSENT MOTION to Substitute Attorney Madeleine Brumley Clavier and withdraw James Alex Watkins by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Watkins, James) Modified text/event/referral/submission on 3/17/2023 (mmm). |
| Filing 81 FILED IN ERROR: See Doc.82. MOTION to Enroll as Counsel of Record Madeleine Brumley Clavier by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/17/2023. (Attachments: #1 Proposed Order)(Watkins, James) Modified on 3/17/2023 (mmm). |
| Filing 80 DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice on behalf of Ashley Vulin (Filing fee $ 100 receipt number ALAEDC-9848875) by Amazon.com Services LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Affidavit, #4 Exhibit C - Consent to E-Filing)(Metzinger, Walter) Modified on 3/16/2023 (mmm). |
| Filing 79 **DEFICIENT** MOTION to Withdraw James Alex Watkins as Attorney and Substitute Madeleine Brumley Clavier as Counsel of Record by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/3/2023. (Attachments: #1 Proposed Order)(Watkins, James) Modified on 3/6/2023 (js). |
| Filing 78 **DEFICIENT** MOTION to Enroll as Counsel of Record Madeleine Brumley Clavier by James A Watkins, Margaret Watkins. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/3/2023. (Attachments: #1 Proposed Order)(Watkins, James) Modified on 3/6/2023 (js). |
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Filing 77
ORDER granting #75 Motion to Appear Pro Hac Vice as to Alexandra M. Walsh. Signed by Judge Jay C. Zainey on 02/06/2023. (Attachments: #1 Pro Hac Vice Notice) (am)
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| Filing 76 Correction of Docket Entry by Clerk re #75 MOTION to Appear Pro Hac Vice Alexandra M. Walsh (Filing fee $ 100 receipt number ALAEDC-9783481). Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Donna Phillips Currault. (js) |
| Filing 75 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alexandra M. Walsh (Filing fee $ 100 receipt number ALAEDC-9783481) by James A Watkins, Margaret Watkins. (Attachments: #1 Exhibit 1 Declaration, #2 Exhibit 2 CGS, #3 Exhibit 3 ECF Form, #4 Proposed Order)(Watkins, James) Modified text on 2/6/2023 (js). |
| Filing 74 ANSWER and Affirmative Defenses to #1 Notice of Removal by Whole Foods Market Services, Inc. (Rychlak, Alexandra) Modified text/filers on 2/2/2023 (js). |
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Filing 73
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Donna Phillips Currault. Magistrate Judge Dana Douglas no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/22/2022. (Attachments: #1 12/20/22 Order, #2 Case List)(lag)
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Filing 72
ORDER granting #68 Motion for Extension of Time to Amend. The Scheduling Order is amended to allow for the filing of amendments to pleadings, third-party actions, cross-claims, and counter-claims through and including 01/03/2023. Signed by Judge Jay C. Zainey on 12/13/2022. (ko)
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Filing 71
PROTECTIVE ORDER. Signed by Magistrate Judge Dana Douglas on 12/13/22.(cg)
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| Filing 70 Correction of Docket Entry by Clerk re #69 MOTION for Protective Order and Stipulation. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. (js) |
| Filing 69 EXPARTE/CONSENT MOTION for Protective Order and Stipulation by Nurture, LLC. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Order)(Winsberg, Gabriel) Modified text on 12/13/2022 (js). |
| Filing 68 EXPARTE/CONSENT Second MOTION for Extension of Time to Amend by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Watkins, James) |
| Filing 67 Minute Order. Proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 11/30/2022 re #59 MOTION to Compel Discovery filed by James A Watkins. For the reasons stated on the record, IT IS ORDERED that the parties meet and confer by Friday, December 2, 2022, and attempt to resolve the remaining disputes regarding the protective order and requests for production of documents. Should the parties remain at an impasse, the appropriate motion shall be filed for consideration by this Court. IT IS FURTHER ORDERED that the Motion to Compel (Rec. Doc. No. 59) is DENIED without prejudice to reurge should the parties fail to amicably resolve their disputes. (Court Reporter Sandra Minutillo.) (cg) |
| Filing 66 REPLY to Response to Motion filed by All Plaintiffs re #59 MOTION to Compel Discovery. (cg) |
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Filing 65
ORDER granting #64 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 11/29/22. (cg)
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| Filing 64 EXPARTE/CONSENT MOTION for Leave to File Reply Memo by James A Watkins, Margaret Watkins. Motion(s) referred to Dana Douglas. (Attachments: #1 Proposed Pleading Reply Memorandum, #2 Proposed Order)(Watkins, James) |
| Filing 63 DEFICIENT: EXPARTE/CONSENT MOTION for Leave to File Reply Memo by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Pleading Reply Memorandum, #2 Proposed Order)(Watkins, James) Modified on 11/28/2022 (mmm). |
| Filing 62 DEFICIENT: REPLY to Response to Motion filed by All Plaintiffs re #59 MOTION to Compel Discovery . (Watkins, James) Modified on 11/25/2022 (cg). |
| Filing 61 RESPONSE/MEMORANDUM in Opposition filed by Amazon.com Services LLC, Hain Celestial Group, Inc., Nurture, LLC, Plum, PBC re #59 MOTION to Compel Discovery . (Attachments: #1 Exhibit 1)(Winsberg, Gabriel) |
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Filing 60
ORDER that the Motion to Compel #59 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, 11/30/2022 at 11:00 a.m. in Courtroom. Any memorandum in opposition shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 11/10/2022.(caa)
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| Filing 59 MOTION to Compel Discovery by James A Watkins. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 11/30/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Notice of Submission)(Watkins, James) Modified text on 11/10/2022 (js). |
| Filing 58 Statement of Corporate Disclosure by Plum, PBC identifying Corporate Parent Sun-Maid Growers of California for Plum, PBC (Surprenant, Diana) |
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Filing 57
ORDER granting #56 Motion for Extension of Deadlines to allow for the filing of amendments to pleadings, third-party actions, cross-claims, and counter-claims through and including December 3, 2022. Signed by Judge Jay C. Zainey on 10/25/2022. (mmm)
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| Filing 56 EXPARTE/CONSENT MOTION for Extension of Deadlines by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order)(Watkins, James) |
| Filing 55 Statement of Corporate Disclosure by Nurture, LLC identifying Corporate Parent Danone, S.A. for Nurture, LLC (Winsberg, Gabriel) |
| Filing 54 ANSWER to #1 Notice of Removal, with Jury Demand by Plum, PBC.(Surprenant, Diana) |
| Filing 53 ANSWER to #1 Notice of Removal, with Jury Demand by Nurture, LLC.(Winsberg, Gabriel) Modified on 10/7/2022 (mmm). |
| Filing 52 ANSWER to #1 Notice of Removal, by Whole Foods Market, Inc..(Rychlak, Alexandra) |
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Filing 51
ORDER AND REASONS: IT IS ORDERED that the #15 Motion to Dismiss for Lack of Personal Jurisdiction filed by Defendant, Whole Foods Market, is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiff's request to Conduct Jurisdictional Discovery filed by Plaintiff within their response in #19 Opposition to Whole Foods' motion to dismiss, is GRANTED. IT IS FURTHER ORDERED that the #23 Motion to Dismiss for Failure to State a Claim filed by Defendant, Nurture and Plum, is DENIED IN PART, AND GRANTED IN PART. Signed by Judge Jay C. Zainey on 9/23/2022. (pp)
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Filing 50
SCHEDULING ORDER: All discovery must be completed by 7/11/2023. Final Pretrial Conference set for 8/10/2023 10:00 AM before Judge Jay C. Zainey. Jury Trial set for 8/28/2023 08:30 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey. (Attachments: #1 Pretrial Notice Form)(blg)
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Filing 49
ORDER Granting #47 Motion to Appear Pro Hac Vice as to Michael Xavier Imbroscio. Signed by Judge Jay C. Zainey on 9/1/2022. (Attachments: #1 Notice to Visiting Attorneys) (ajn)
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Filing 48
ORDER granting #46 Motion to Appear Pro Hac Vice as to Mary Elizabeth Gately. Signed by Judge Jay C. Zainey on 8/30/2022. (Attachments: #1 PHV Notice) (cwa)
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| Filing 47 EXPARTE/CONSENT Ex Parte MOTION to Appear Pro Hac Vice Michael X. Imbroscio (Filing fee $ 100 receipt number ALAEDC-9525043) by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order Order, #2 Exhibit Declaration of Michael X. Imbroscio in Support of Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing, #4 Exhibit E-file Consent Pro Hac Vice)(Lowenthal, Joseph) |
| Filing 46 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Mary E. Gately (Fee previously paid) by Nurture, Inc.. (Attachments: #1 Exhibit Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Exhibit Consent to Electronic Filing, #4 Proposed Order Proposed Order)(Capodice, Camala E.) |
| Filing 45 RE-NOTICE: Scheduling Conference RESET for 9/19/2022 01:30 PM before case manager by telephone. By Clerk. (blg) |
| Filing 44 NOTICE: Scheduling Conference set for 9/8/2022 02:00 PM before case manager by telephone. By Clerk. (blg) |
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Filing 43
ORDER Granting #42 Motion to Appear Pro Hac Vice as to Samuel Felker. Signed by Judge Jay C. Zainey on 6/23/2022. (Attachments: #1 Notice to Visiting Attorneys) (ajn)
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| Filing 42 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-9410497) by Whole Foods Market, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Ballay, Brian) |
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Filing 41
ORDER Granting #40 Motion to Appear Pro Hac Vice as to Hope S. Freiwald. Signed by Judge Jay C. Zainey on 5/13/2022. (ajn) (Additional attachment(s) added on 5/17/2022: #1 Notice to Visiting Attorneys) (ajn).
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| Filing 40 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Hope Freiwald (Fee previously paid) by Plum, PBC. (Attachments: #1 Proposed Order Order, #2 Electronic Registration for Hope S. Freiwald, #3 Exhibit 1 - PA Certificate of Good Standing, #4 Exhibit 2 - NJ Certificate of Good Standing, #5 Exhibit 3 - Hope Freiwald Affidavit)(Surprenant, Diana) |
| Filing 39 REPLY/MEMORANDUM in Support filed by Whole Foods Market, Inc. re #15 MOTION to Dismiss. (Attachments: #1 Exhibit 1)(ajn) |
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Filing 38
ORDER Granting #34 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/11/2022. (ajn)
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Filing 37
ORDER Granting #33 Motion to Adopt Nurture Inc.'s Motion For Leave to File Reply in Support of Motion to Dismiss. Signed by Judge Jay C. Zainey on 5/11/2022. (ajn)
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| Filing 36 REPLY to Response to Motion filed by Nurture, Inc. re #23 MOTION to Dismiss for Failure to State a Claim . (blg) |
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Filing 35
ORDER granting #32 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 5/10/2022. (blg)
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| Filing 34 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Further Support of Motion to Dismiss Pursuant to Rule 12(b)(2) by Whole Foods Market, Inc.. (Attachments: #1 Proposed Pleading Reply in Further Support of Motion to Dismiss, #2 Proposed Pleading Exhibit 1, #3 Proposed Order)(Rychlak, Alexandra) |
| Filing 33 EXPARTE/CONSENT MOTION for Joinder to Adopt Nurture Reply in Support of Motion to Dismiss by Plum, PBC. (Attachments: #1 Proposed Order)(Surprenant, Diana) |
| Filing 32 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Dismissal of Plaintiffs' Complaint Pursuant to FRCP 12(B)(6) by Nurture, Inc.. (Attachments: #1 Proposed Order Proposed Order, #2 Proposed Pleading Reply in Support of Motion for Dismissal)(Capodice, Camala E.) |
| Filing 31 MEMORANDUM in Opposition filed by James A Watkins, Margaret Watkins re #23 MOTION to Dismiss for Failure to State a Claim . (ajn) |
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Filing 30
ORDER Granting #28 Motion for Leave to File and Withdraw Documents. Rec. DOC. 26 shall be, and hereby is withdrawn, and the attached shall be, and hereby is, filed into the record as the Opposition to Nurture, Inc.'s Motion to Dismiss. Signed by Judge Jay C. Zainey on 5/6/2022. (ajn)
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| Filing 29 **DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Admission of Hope Freiwald (Filing fee $ 100 receipt number ALAEDC-9348144) by Plum, PBC. (Attachments: #1 Proposed Order, #2 Exhibit 1 - PA Cert. of Good Standing, #3 Exhibit 2 - NJ Cert. of Good Standing, #4 Exhibit 3 - Affidavit of Hope Freiwald)(Surprenant, Diana) Modified on 5/9/2022 (ajn). |
| Filing 28 EXPARTE/CONSENT MOTION for Leave to File and Withdraw Documents by James A Watkins, Margaret Watkins. (Attachments: #1 Proposed Order, #2 Proposed Pleading Opposition Memorandum to Nurture, Inc.'s Motion to Dismiss)Attorney James A. Watkins added to party James A Watkins(pty:pla).(Watkins, James) |
| Filing 27 **DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #23 MOTION to Dismiss for Failure to State a Claim Nurture Inc. as adopted by Plum PBC. (Watkins, James) Modified on 5/5/2022 (ajn). |
| Filing 26 **WITHDRAWN PER ORDER AT R.DOC. 30** RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #23 MOTION to Dismiss for Failure to State a Claim by Nurture, Inc, and adopted by Plum PBC. (Watkins, James) Modified on 5/9/2022 (ajn). |
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Filing 25
ORDER Granting #24 Motion Motion to Adopt re #23 Motion to Dismiss filed byNurture, Inc. Signed by Judge Jay C. Zainey on 4/26/2022. (ajn)
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| Filing 24 EXPARTE/CONSENT MOTION for Joinder to Adopt the Motion to Dismiss filed by Nurture, Inc. by Plum, PBC. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Surprenant, Diana) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by Nurture, Inc.. Motion(s) will be submitted on 5/11/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Notice of Submission)(Winsberg, Gabriel) |
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Filing 22
ORDER Granting #21 MOTION to Reset Submission Date. IT IS FURTHER ORDERED that the submission date is CONTINUED to 5/11/2022 re #15 MOTION to Dismiss for Lack of Jurisdiction. Whole Foods has until the new submission date of 5/11/2022, to file, with leave of Court, its Reply Brief in further support of its Motion to Dismiss. Signed by Judge Jay C. Zainey on 4/14/2022.(ajn)
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| Filing 21 EXPARTE/CONSENT MOTION to Continue /Reset Reply Deadline by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian) |
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Filing 20
ORDER granting #18 Motion to Withdraw as Attorney. Attorney Andrew Caleb Rayford terminated. Signed by Judge Jay C. Zainey on 4/6/2022. (caa)
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| Filing 19 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #15 MOTION to Dismiss for Lack of Jurisdiction . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Watkins, James) |
| Filing 18 EXPARTE/CONSENT MOTION to Withdraw Andrew C. Rayford as Attorney by Hain Celestial Group, Inc.. (Attachments: #1 Proposed Order)(Lowenthal, Joseph) |
| Filing 17 NOTICE of Voluntary Dismissal Without Prejudice as to Sewerage and Water Board of New Orleans by All Plaintiffs. (Watkins, James) |
| Filing 16 ANSWER to #1 Notice of Removal, with Jury Demand by Amazon.com Sales, Inc..(Cochran, Douglas) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction by Whole Foods Market, Inc.. Motion(s) will be submitted on 4/13/2022. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Notice of Submission)(Ballay, Brian) |
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Filing 14
ORDER Granting #13 Motion for Extension of Time to Answer. Answer due 4/14/2022. Signed by Judge Jay C. Zainey on 3/25/2022. (ajn)
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| Filing 13 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Nurture, Inc.. (Attachments: #1 Proposed Order)(Winsberg, Gabriel) |
| Filing 12 NOTICE Of Compliance by Nurture, Inc. re #3 Order Pursuant to 28 U.S.C. 1447(B). (Attachments: #1 Exhibit A)(Winsberg, Gabriel) Modified text on 3/22/2022 (ajn). |
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Filing 11
ORDER Granting #10 Motion for Extension of Time to Answer as to Amazon.com Sales, Inc. Answer due Thursday, 3/31/2022. Signed by Judge Jay C. Zainey on 3/18/2022. (ajn)
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| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)(Cochran, Douglas) |
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Filing 9
ORDER granting #7 Motion to Substitute Attorney. Added attorneys Douglas Jay Cochran, Walter Frederick Metzinger, III, Nicholas J. Wehlen for Amazon.com Sales, Inc. Attorney Brian M. Ballay and Steven F. Griffith, Jr terminated. Signed by Judge Jay C. Zainey on 3/15/2022. (caa)
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| Filing 7 EXPARTE/CONSENT MOTION to Withdraw Brian M. Ballay, Steven F. Griffith, Jr., Alex Rychlak and Baker Donelson Bearman Caldwell & Berkowitz as Attorney , MOTION to Substitute Attorney Douglas J. Cochran, Walter F. Metzinger III, Nicholas J. Whelen and Stone Pigman by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian) |
| Filing 8 ANSWER to #1 Notice of Removal - Petition for Damages with Jury Demand by Hain Celestial Group, Inc.(ajn) |
| Filing 6 **DEFICIENT** EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Amazon.com Sales, Inc.. (Attachments: #1 Proposed Order)Attorney Douglas Jay Cochran added to party Amazon.com Sales, Inc.(pty:dft).(Cochran, Douglas) Modified on 3/11/2022 (cwa). |
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Filing 5
ORDER GRANTING #4 Motion for Extension of Time to Answer #1 Notice of Removal. IT IS FURTHER ORDERED that Whole Foods Market, Inc.'s deadline to respond to be, and the same is hereby extended through and including Monday, 3/28/2022. Signed by Judge Jay C. Zainey on 3/9/2022. (pp)
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| Filing 4 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #1 Notice of Removal, by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Ballay, Brian) |
| Filing 3 DIRECTIVE Pursuant to 28:1447(b) re #1 Notice of Removal by Clerk.(ajn) |
| Filing 2 Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Dana Douglas. (aj) |
| Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parish of Orleans, case number 2022-00903 (Filing fee $ 402 receipt number ALAEDC-9259209) filed by Nurture, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Attorney Gabriel Winsberg added to party Nurture, Inc.(pty:dft).(Winsberg, Gabriel) |
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