Milan et al v. Clif Bar & Company
| Sarah Aquino and Ralph Milan |
| Elizabeth Arnold and Clif Bar & Company |
| 3:2018cv02354 |
| April 18, 2018 |
| US District Court for the Northern District of California |
| James Donato |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 253 Declaration of Brandon Schwartz in Support of #251 MOTION for Settlement Preliminary Approval filed byElizabeth Arnold, Ralph Milan. (Related document(s) #251 ) (Fitzgerald, Jack) (Filed on 10/31/2023) |
| Filing 252 Declaration of Jack Fitzgerald in Support of #251 MOTION for Settlement Preliminary Approval filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1 - Class Action Settlement Agreement, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #251 ) (Fitzgerald, Jack) (Filed on 10/31/2023) |
| Filing 251 MOTION for Settlement Preliminary Approval filed by Elizabeth Arnold, Ralph Milan. Motion for Settlement Hearing set for 12/14/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Responses due by 11/14/2023. Replies due by 11/21/2023. (Fitzgerald, Jack) (Filed on 10/31/2023) |
Filing 250
ORDER. The status conference set for October 19, 2023, is vacated, in anticipation of a preliminary approval motion to be filed by October 31, 2023. Signed by Judge James Donato on 10/16/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 10/16/2023)
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| Filing 249 JOINT CASE MANAGEMENT STATEMENT Joint Status Conference Statement filed by Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 10/12/2023) |
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Filing 248
ORDER. At the joint request of the parties, Dkt. No. 247, the status conference that was set for August 24, 2023, is re-set for October 19, 2023, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 8/21/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 8/21/2023)
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| Filing 247 STATUS REPORT Joint Status Conference Statement by Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 8/17/2023) |
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Filing 246
ORDER. The request for potential settlement class members' contact information, Dkt. No. 245, is deferred pending the Court's review of a revised application for preliminary approval. Signed by Judge James Donato on 8/8/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 8/8/2023)
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| Filing 245 STIPULATION WITH PROPOSED ORDER to Reopen Limited Third-Party Discovery filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Proposed Order Granting Stipulated Request to Reopen Limited Third-Party Discovery)(Persinger, Melanie) (Filed on 8/2/2023) |
| Filing 244 NOTICE of Appearance by Jasmine Wei-Ming Wetherell (Wetherell, Jasmine) (Filed on 7/12/2023) |
| Filing 243 NOTICE of Appearance by David T. Biderman (Biderman, David) (Filed on 7/12/2023) |
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Filing 242
ORDER. At the joint request of the parties, Dkt. No. 241, the status conference that was set for June 8, 2023, is re-set for August 24, 2023, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 6/2/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 6/2/2023)
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| Filing 241 STATUS REPORT Joint Status Conference Statement1 by Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 6/1/2023) |
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Filing 240
ORDER. The Court finds that a nationwide settlement class may be certified consistent with In re Hyundai and Kia Fuel Economy Litigation, 926 F.3d 539, 562-566 (9th Cir. 2019). The parties are directed to meet and confer on how they would like to proceed, whether by way of a renewed class settlement or trial. A status conference is set for June 8, 2023, at 10 a.m., with a joint status conference statement due by June 1, 2023. The case is administratively closed pending the status conference. Signed by Judge James Donato on 3/29/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 3/29/2023)
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| Filing 239 NOTICE by Elizabeth Arnold, Ralph Milan re #236 ADMINISTRATIVE MOTION Requesting Case Management Conference to Schedule Final Pre-Trial Conference & Trial Dates pursuant to N.D. Cal. Civ. L.R. 7-13 (Fitzgerald, Jack) (Filed on 2/16/2023) |
| Filing 238 Statement Regarding Nationwide Class Settlement by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 10/26/2022) |
| Filing 237 OPPOSITION/RESPONSE (re #236 ADMINISTRATIVE MOTION Requesting Case Management Conference to Schedule Final Pre-Trial Conference & Trial Dates ) filed byClif Bar & Company. (Attachments: #1 Proposed Order)(Van Gundy, Christopher) (Filed on 10/19/2022) |
| Filing 236 ADMINISTRATIVE MOTION Requesting Case Management Conference to Schedule Final Pre-Trial Conference & Trial Dates filed by Elizabeth Arnold, Ralph Milan. Responses due by 10/24/2022. (Attachments: #1 Proposed Order)(Fitzgerald, Jack) (Filed on 10/19/2022) |
| Filing 235 TRANSCRIPT ORDER for proceedings held on 09/01/2022 before Judge James Donato by Clif Bar & Company, for Court Reporter Joan Columbini. (Van Gundy, Christopher) (Filed on 9/14/2022) |
| Filing 234 Transcript of Proceedings held on September 1, 2022, before Judge James Donato. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number joan.columbini.csr@gmail.com, 510-367-3043. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #233 Transcript Order ) Redaction Request due 10/5/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/13/2022. (Related documents(s) #233 ) (Columbini, Joan) (Filed on 9/14/2022) |
| Filing 233 TRANSCRIPT ORDER for proceedings held on 9/1/2022 before Judge James Donato by Elizabeth Arnold, Ralph Milan, for Court Reporter Joan Columbini. (Fitzgerald, Jack) (Filed on 9/2/2022) |
| Filing 232 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 9/1/2022. (jdlc2, COURT STAFF) (Date Filed: 9/2/2022) |
| Filing 231 CLERK'S NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to #226 Motion for Preliminary Approval of Class Action Settlement. Motion Hearing is re-set for 9/1/2022 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 7/29/2022) |
| Filing 230 CLERK'S NOTICE Continuing Motion Hearing. Set/Reset Deadlines as to #226 Motion for Preliminary Approval of Class Action Settlement. Motion Hearing is re-set for 8/4/2022 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 7/26/2022) |
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Filing 229
ORDER. In light of the pending settlement, Dkt. Nos. 225, 226, the pre-trial conference and trial dates are vacated. Signed by Judge James Donato on 7/11/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 7/11/2022)
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| Filing 228 Statement re #226 MOTION for Settlement for Preliminary Approval of Class Action Settlement by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 7/7/2022) |
| Filing 227 ERRATA re #226 MOTION for Settlement for Preliminary Approval of Class Action Settlement by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Corrected Proposed Order Granting Plaintiffs' Motion for Preliminary Approval)(Fitzgerald, Jack) (Filed on 6/24/2022) |
| Filing 226 MOTION for Settlement for Preliminary Approval of Class Action Settlement filed by Elizabeth Arnold, Ralph Milan. Motion Hearing set for 7/28/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/7/2022. Replies due by 7/14/2022. (Attachments: #1 Declaration of Jack Fitzgerald, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Declaration of Brandon Schwartz)(Fitzgerald, Jack) (Filed on 6/23/2022) |
| Filing 225 NOTICE by Elizabeth Arnold, Ralph Milan of Classwide Settlement (Fitzgerald, Jack) (Filed on 5/27/2022) |
| Filing 224 NOTICE by Elizabeth Arnold, Ralph Milan re 220 Order, Notice of Completion of Class Notice: Declaration of Steven Weisbrot in Support of Class Notice (Persinger, Melanie) (Filed on 4/7/2022) |
| Filing 223 NOTICE of Appearance by Caroline Emhardt (Emhardt, Caroline) (Filed on 1/26/2022) |
| Filing 222 NOTICE by Elizabeth Arnold, Ralph Milan Regarding Submitted Matters (N.D. Cal. Civ. L.R. 7-13) (Fitzgerald, Jack) (Filed on 1/19/2022) |
| Filing 221 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Zoom Settlement Conference held on 1/13/2022. Case did not settle.FTR Time: Not Reported. Attorney for Plaintiff: Jack Fitzgerald, Paul Joseph, Melanie Persinger, Trevor Flynn Attorney for Defendant: Christopher Van Gundy (klh, COURT STAFF) (Date Filed: 1/13/2022) |
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Filing 220
ORDER. The proposed class notice plan, Dkt. Nos. 215 & 218, is approved as the best notice that is practicable under the circumstances. Fed. R. Civ. P. 23(c)(2). Signed by Judge James Donato on 12/20/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 12/20/2021)
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Filing 219
ORDER of USCA The court, in its discretion, denies the petition for permission to appeal thedistrict courts September 27, 2021 order granting class action certification.denied. as to #212 USCA Case Number (cv, COURT STAFF) (Filed on 12/9/2021) Modified on 12/9/2021 (cv, COURT STAFF).
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| Filing 218 NOTICE by Elizabeth Arnold, Ralph Milan re #215 Proposed Order, Notice of Supplement in Support of Proposed Class Notice Plan (Attachments: #1 Exhibit 1 - Proposed Long Form Notice, #2 Exhibit 2 - Proposed Publication Notice, #3 Exhibit 3 - Proposed Exclusion Request Form, #4 Exhibit 4 - Proposed Banner Notice)(Fitzgerald, Jack) (Filed on 12/6/2021) |
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Filing 217
ORDER. The final pretrial conference is set for July 14, 2022, at 1:30 p.m., and trial is set for August 1, 2022, at 9:00 a.m. The status conference set for December 9, 2021, is vacated. Class counsel is advised that the proposed class notice plan remains incomplete. See Dkt. No. 215 at 2. An updated and complete proposed notice plan must be filed if class counsel wish to move forward with notice to the class. Signed by Judge James Donato on 12/6/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2, COURT STAFF) (Filed on 12/6/2021)
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| Filing 216 JOINT CASE MANAGEMENT STATEMENT filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 12/2/2021) |
| Filing 215 Proposed Order Re Class Notice Plan by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1 - Proposed Long Form Notice, #2 Exhibit 2 - Proposed Publication Notice, #3 Exhibit 3 - Proposed Email Notice, #4 Exhibit 4 - Proposed Request for Exclusion, #5 Exhibit 5 - Declaration of Steven Weisbrot)(Fitzgerald, Jack) (Filed on 10/29/2021) |
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Filing 214
Order by Judge James Donato granting #213 Stipulated Administrative Motion to Amend Class Certification Order to Name Fitzgerald Joseph LLP as Class Counsel. (jdlc2S, COURT STAFF) (Filed on 10/22/2021)
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| Filing 213 ADMINISTRATIVE MOTION Amend Class Certification Order to Reflect that Fitzgerald Joseph LLP is Appointed Class Counsel filed by Elizabeth Arnold, Ralph Milan. Responses due by 10/18/2021. (Attachments: #1 Proposed Order)(Fitzgerald, Jack) (Filed on 10/14/2021) |
| Filing 212 NOTICE USCA Case Number 21-80106 United States Court of Appeals. (sfbS, COURT STAFF) (Filed on 10/12/2021) |
| Filing 211 Notice of Settlement Conference and Order Setting Settlement Conference before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C. Spero on 10/5/2021. Settlement Conference set for 1/13/2022 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel, and parties may access the Meeting information at #https://www.ca nd.uscourts.gov/jcs under the second subheading +Join Non-Public Hearings. In addition to following the instructions and link on Judge Speros web page, the parties may join using the following Zoom Meeting ID: 161 664 4640. Password: 841312. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance at the settlement conference. A joint list of names and emails must be sent to the CRD at jcssettlement@cand.uscourts.gov no later than 1/6/2022 by 3:00 PM PDTGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (klhS, COURT STAFF) (Filed on 10/5/2021) |
| Filing 210 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Zoom Scheduling Conference held on 10/5/2021. Court to issue Order. FTR Time: Not Reported. Attorney for Plaintiff: Paul Joseph, Jack Fitzgerald Attorney for Defendant: Christopher Van Gundy, Khirin Bunke(klhS, COURT STAFF) (Date Filed: 10/5/2021) |
| Filing 209 Transcript of Proceedings held on 9/2/21, before Judge James Donato. Court Reporter Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #205 Transcript Order, #204 Transcript Order ) Release of Transcript Restriction set for 1/1/2022. (Related documents(s) #205 , #204 ) (kapS, COURT STAFF) (Filed on 10/2/2021) |
| Filing 208 CLERKS NOTICE SETTING ZOOM HEARING. Zoom Scheduling Conference set for 10/5/2021 11:00 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom Meeting.Meeting Access: All counsel may access the Meeting information at #https://www.cand.uscourts.gov/jcs under the second subheading Join Non-Public Hearings. Zoom Meeting ID: 161 664 4640. Pass code: 841312.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court . There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 9/29/2021) |
| CASE REFERRED to Magistrate Judge Joseph C. Spero for Settlement (ahm, COURT STAFF) (Filed on 9/27/2021) |
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Filing 207
ORDER RE CLASS CERTIFICATION AND DAUBERT MOTIONS. Case referred to Chief Magistrate Judge Joseph C. Spero for settlement. Status conference set for 12/9/2021 at 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 9/27/2021. (jdlc2S, COURT STAFF) (Filed on 9/27/2021)
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| Filing 206 CERTIFICATE OF SERVICE by Elizabeth Arnold, Ralph Milan Declaration of Service of Minute Order on Sarah Aquino (Joseph, Paul) (Filed on 9/23/2021) |
| Filing 205 TRANSCRIPT ORDER for proceedings held on 09/02/2021 before Judge James Donato by Clif Bar & Company, for Court Reporter Katherine Sullivan. (Ramsey, Jay) (Filed on 9/3/2021) |
| Filing 204 TRANSCRIPT ORDER for proceedings held on September 2, 2021 before Judge James Donato by Elizabeth Arnold, Ralph Milan, for Court Reporter Katherine Sullivan. (Fitzgerald, Jack) (Filed on 9/3/2021) |
| Filing 203 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 9/2/2021. the Court orders Aquino dismissed without prejudice as a named plaintiff in this case. The Court will also terminate plaintiffs counsels representation of Aquino, following counsels filing of a certification that they have served a copy of these minutes on Aquino. (jdlc2S, COURT STAFF) (Date Filed: 9/3/2021) Modified on 10/5/2021 (cv, COURT STAFF). |
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Filing 202
ORDER. The Court finds plaintiffs' motion for partial summary judgment, Dkt. No. 186, to be suitable for decision without oral argument. Civil L.R. 7-1(b). The motion is denied in part and granted in part.The request to find Clif Bar & Company liable for violating the Unfair Competition Law's "unlawful" prong "by misbranding its Clif Bars and Kid ZBars in violation of 21 C.F.R. 1.21(a)(2)," Dkt. No. 186 at 2, is denied. There are genuine disputes of material fact about what "consequences...may result from use of" the bars at issue; what facts were "material" with respect to those consequences; and what "conditions of use...are customary or usual." 21 C.F.R. 1.21(a)(2); Fed. R. Civ. P. 56(a).Summary judgment is also denied for the materiality element of plaintiffs' consumer fraud claims under the UCL, FAL, and CLRA that are based on Clif Bar's alleged affirmative misrepresentations. Dkt. No. 186 at 2. Plaintiffs argue that Clif Bar's internal documents conclusively establish its knowledge that "consumers were likely to attach importance to the challenged claims in deciding to purchase the Bars." Id. at 10. But "the materiality of a misrepresentation is typically an issue of fact," Hinojos v. Kohl's Corp., 718 F.3d 1098, 1107 n.7 (9th Cir. 2013), and the record here is replete with genuine disputes of material fact on the materiality issue, which Clif Bar vigorously contests including through its experts. See Dkt. No. 190.The Court finds summary judgment is appropriate for plaintiffs on the issue of whether Clif Bar's conduct at issue in this lawsuit is "consumer-oriented" within the meaning of N.Y. GBL 349 & 350. Dkt. No. 186 at 2. Although Clif Bar argues that "the parties contest whether the challenged acts or practices were material to consumers," Dkt. No. 190 at 24, that is not a relevant inquiry. On this record, there is no genuine dispute of material fact that Clif Bar's challenged conduct was "consumer-oriented in the sense that [the conduct] potentially affect[ed] similarly situated consumers." Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N.A., 85 N.Y.2d 20, 26-27 (1995); see also Crawford v. Franklin Credit Mgmt. Corp., 758 F.3d 473, 490 (2d Cir. 2014) ("[t]o show that the challenged act or practice was consumer-oriented, a plaintiff must show that it had 'a broader impact on consumers at large': 'Private contract disputes, unique to the parties, for example, would not fall within the ambit of the statute....'") (quoting Oswego, 85 N.Y.2d at 25). Plaintiffs' motion for partial summary judgment is granted in this one respect and is otherwise denied. Signed by Judge James Donato on 9/1/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 9/1/2021)
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Filing 201
ORDER. For Dkt. Nos. 152, 161, 186, 187, 189, and 193, the motion hearing that was set for August 5, 2021, is continued to September 2, 2021, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. The pretrial conference and trial dates are vacated pending further order. Signed by Judge James Donato on 8/2/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 8/2/2021)
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| Filing 200 NOTICE of Change In Counsel by Richelle Lynn Kemler (Kemler, Richelle) (Filed on 8/1/2021) |
| Filing 199 REPLY (re #193 MOTION to Strike Expert Testimony and Report of Colin B. Weir ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 6/24/2021) |
| Filing 198 OPPOSITION/RESPONSE (re #193 MOTION to Strike Expert Testimony and Report of Colin B. Weir ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 6/17/2021) |
| Filing 197 REPLY (re #187 MOTION to Strike Portions of Report and Testimony of Dr. William S. Choi ) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Exhibit No. 5, #7 Exhibit No. 6, #8 Exhibit No. 7, #9 Exhibit No. 8, #10 Exhibit No. 9, #11 Exhibit No. 10, #12 Exhibit No. 11)(Joseph, Paul) (Filed on 6/10/2021) |
| Filing 196 REPLY (re #189 MOTION to Strike #113 Declaration in Support ) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit No. 1)(Joseph, Paul) (Filed on 6/10/2021) |
| Filing 195 REPLY (re #186 MOTION for Partial Summary Judgment ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Reply Declaration of Jack Fitzgerald)(Fitzgerald, Jack) (Filed on 6/10/2021) |
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Filing 194
ORDER. The discovery dispute letters at Dkt. Nos. 176 & 184 concern the deposition testimony given by Clif's expert, Dr. Joanne Slavin. As Clif acknowledges, some of her answers were long, but the Court does not find that she was so evasive or uncooperative as to warrant a second 7-hour deposition at Clif's expense. Plaintiffs may take an additional 3-hour deposition of Dr. Slavin by July 2, 2021, bearing their own costs. Signed by Judge James Donato on 6/4/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 6/4/2021)
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| Filing 193 MOTION to Strike Expert Testimony and Report of Colin B. Weir filed by Clif Bar & Company. Motion Hearing set for 8/5/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/17/2021. Replies due by 6/24/2021. (Attachments: #1 Declaration of Christopher Van Gundy in Support, #2 Ex. 1, #3 Ex. 2, #4 Proposed Order)(Van Gundy, Christopher) (Filed on 6/3/2021) |
| Filing 192 OPPOSITION/RESPONSE (re #187 MOTION to Strike Portions of Report and Testimony of Dr. William S. Choi ) filed byClif Bar & Company. (Attachments: #1 Declaration of Dr. William S. Choi in Support)(Van Gundy, Christopher) (Filed on 6/3/2021) |
| Filing 191 OPPOSITION/RESPONSE (re #189 MOTION to Strike #113 Declaration in Support ) filed byClif Bar & Company. (Attachments: #1 Declaration of Christopher Van Gundy in Support, #2 Ex. 1, #3 Ex. 2)(Van Gundy, Christopher) (Filed on 6/3/2021) |
| Filing 190 OPPOSITION/RESPONSE (re #186 MOTION for Partial Summary Judgment ) filed byClif Bar & Company. (Attachments: #1 Declaration of Christopher Van Gundy in Support, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3, #5 Ex. 4, #6 Ex. 5, #7 Ex. 6, #8 Ex. 7, #9 Ex. 8, #10 Ex. 9, #11 Ex. 10, #12 Ex. 11, #13 Ex. 12, #14 Ex. 13, #15 Ex. 14, #16 Ex. 15, #17 Ex. 16, #18 Ex. 17, #19 Ex. 18, #20 Ex. 19, #21 Ex. 20, #22 Ex. 21, #23 Ex. 22, #24 Ex. 23, #25 Ex. 24, #26 Ex. 25, #27 Ex. 26, #28 Ex. 27, #29 Ex. 28, #30 Ex. 29, #31 Ex. 30, #32 Ex. 31, #33 Ex. 32)(Van Gundy, Christopher) (Filed on 6/3/2021) |
| Filing 189 MOTION to Strike #113 Declaration in Support filed by Elizabeth Arnold, Ralph Milan. Motion Hearing set for 8/5/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/3/2021. Replies due by 6/10/2021. (Attachments: #1 Declaration of Paul K. Joseph and Exhibit Nos. 1-3, #2 Proposed Order)(Joseph, Paul) (Filed on 5/20/2021) |
| Filing 188 Declaration of Melanie Persinger in Support of #187 MOTION to Strike Portions of Report and Testimony of Dr. William S. Choi filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1 to Persinger Declaration, #2 Exhibit 2 to Persinger Declaration, #3 Exhibit 3 to Persinger Declaration, #4 Exhibit 4 to Persinger Declaration, #5 Exhibit 5 to Persinger Declaration, #6 Exhibit 6 to Persinger Declaration, #7 Exhibit 7 to Persinger Declaration, #8 Exhibit 8 to Persinger Declaration, #9 Exhibit 9 to Persinger Declaration, #10 Exhibit 10 to Persinger Declaration, #11 Exhibit 11 to Persinger Declaration, #12 Exhibit 12 to Persinger Declaration, #13 Exhibit 13 to Persinger Declaration, #14 Exhibit 14 to Persinger Declaration, #15 Exhibit 15 to Persinger Declaration, #16 Exhibit 16 to Persinger Declaration, #17 Exhibit 17 to Persinger Declaration, #18 Exhibit 18 to Persinger Declaration, #19 Exhibit 19 to Persinger Declaration, #20 Exhibit 20 to Persinger Declaration)(Related document(s) #187 ) (Persinger, Melanie) (Filed on 5/20/2021) |
| Filing 187 MOTION to Strike Portions of Report and Testimony of Dr. William S. Choi filed by Elizabeth Arnold, Ralph Milan. Motion Hearing set for 8/5/2021 10:00 AM in Do Not Use To Be Determined before Judge James Donato. Responses due by 6/3/2021. Replies due by 6/10/2021. (Attachments: #1 Proposed Order Granting Motion to Strike Portions of the Testimony of Dr. William S. Choi)(Persinger, Melanie) (Filed on 5/20/2021) |
| Filing 186 MOTION for Partial Summary Judgment filed by Sarah Aquino, Elizabeth Arnold, Ralph Milan. Motion Hearing set for 8/5/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/3/2021. Replies due by 6/10/2021. (Attachments: #1 Declaration of Jack Fitzgerald, #2 Proposed Order)(Fitzgerald, Jack) (Filed on 5/20/2021) |
| Filing 185 NOTICE of Appearance by Richelle Lynn Kemler (Kemler, Richelle) (Filed on 5/18/2021) |
| Filing 184 RESPONSE re #176 Letter Opposition to Plaintiffs' Motion for Sanctions Relating to Deposition of Dr. Joanne Slavin by Clif Bar & Company. (Attachments: #1 Exhibit A)(Van Gundy, Christopher) (Filed on 5/12/2021) |
| Filing 183 NOTICE of Change of Address by Jack Fitzgerald Notice of Change of Firm Name and Contact Information of Plaintiffs' Counsel (Fitzgerald, Jack) (Filed on 5/10/2021) |
| REMINDER re #183 : Attorney Paul Kenneth Joseph contact information on the docket lists address as 3150 Cabrillo Bay Ln., San Diego, CA. Paul Kenneth Joseph must update his/her ECF profile for the change of contact information to be in effect. (elyS, COURT STAFF) (Filed on 5/10/2021) |
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Filing 182
ORDER. For plaintiffs' #176 discovery dispute letter requesting another deposition of Clif's expert, Dr. Joanne Slavin, defendant Clif Bar is directed to file a responsive letter brief by May 12, 2021.Plaintiffs' #175 letter requesting to strike portions of Dr. Slavin's report and preclude her from testifying on those portions at trial is denied without prejudice as beyond the scope of a discovery dispute letter. Plaintiffs may raise these requests again in another form at the appropriate time. Plaintiffs' #177 administrative motion for a protective order is denied. Strictly speaking, this was not the proper subject of an administrative motion. In any event, the deposition of Dr. Lustig may proceed in the ordinary course and in accordance with the parties' agreements. To the extent Clif poses questions to Dr. Lustig based on evidence that was not properly disclosed, the Court will take that into account at the appropriate time. Suppressing questions wholesale as requested by plaintiffs is unwarranted. Admissibility is a separate issue that will be handled at a later stage of the case. For the convenience of the parties, the deadline to complete Dr. Lustig's deposition is extended to June 11, 2021. Plaintiffs' #179 motion to seal is terminated as moot in light of Clif's response at Dkt. No. 180, which does not seek to maintain the sealing and includes unredacted copies of the documents at issue. Signed by Judge James Donato on 5/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 5/5/2021)
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| Filing 181 OPPOSITION/RESPONSE (re #177 ADMINISTRATIVE MOTION Protective Order Regarding Deposition of Plaintiffs' Expert Dr. Robert H. Lustig ) filed byClif Bar & Company. (Attachments: #1 Declaration of Khirin A. Bunker, #2 Exhibit Nos. 1-3, #3 Proposed Order)(Van Gundy, Christopher) (Filed on 4/30/2021) |
| Filing 180 Declaration of Christopher Van Gundy in Support of #179 Administrative Motion to File Under Seal filed byClif Bar & Company. (Attachments: #1 Exhibit Exhibit 5 to the Declaration of Jack Fitzgerald in Support of Plaintiffs Motion for Protective Order, #2 Exhibit Exhibit 6 to the Declaration of Jack Fitzgerald in Support of Plaintiffs Motion for Protective Order)(Related document(s) #179 ) (Van Gundy, Christopher) (Filed on 4/28/2021) |
| Filing 179 Administrative Motion to File Under Seal filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger in Support of Plaintiffs' Motion to Seal, #2 Proposed Order, #3 Redacted Exhibit 5 to the Fitzgerald Declaration, #4 Unredacted Exhibit 5 to the Fitzgerald Declaration, #5 Redacted Exhibit 6 to the Fitzgerald Declaration, #6 Unredacted Exhibit 6 to the Fitzgerald Declaration, #7 Certificate/Proof of Service)(Persinger, Melanie) (Filed on 4/26/2021) |
| Filing 178 Proposed Order re #177 ADMINISTRATIVE MOTION Protective Order Regarding Deposition of Plaintiffs' Expert Dr. Robert H. Lustig by Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 4/26/2021) |
| Filing 177 ADMINISTRATIVE MOTION Protective Order Regarding Deposition of Plaintiffs' Expert Dr. Robert H. Lustig filed by Elizabeth Arnold, Ralph Milan. Responses due by 4/30/2021. (Attachments: #1 Declaration of Jack Fitzgerald, #2 Exhibit Nos. 1-9)(Joseph, Paul) (Filed on 4/26/2021) |
| Filing 176 Letter from Plaintiffs to Judge Donato Regarding Discovery Dispute . (Attachments: #1 Exhibit No. 1)(Joseph, Paul) (Filed on 4/21/2021) |
| Filing 175 Letter from Plaintiffs to Judge Donato Regarding Discovery Dispute . (Attachments: #1 Exhibit No. 1)(Joseph, Paul) (Filed on 4/21/2021) |
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Filing 174
ORDER. The hearing on #152 plaintiffs' class certification motion and #161 defendant's Daubert motion is re-set for August 5, 2021, at 10:00 a.m. The parties are requested to lodge by April 12, 2021, chambers copies of the relevant filings, in the form described in the Court's Civil Standing Order. Signed by Judge James Donato on 4/1/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 4/1/2021)
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| Filing 173 REPLY (re #161 MOTION for Hearing re #157 Declaration in Support Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 3/25/2021) |
| Filing 172 Declaration of Steven P. Gaskin in Support of #170 Opposition/Response to Motion, #167 Reply to Opposition/Response filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #170 , #167 ) (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 171 DECLARATION of Trevor Flynn in Opposition to #161 MOTION for Hearing re #157 Declaration in Support Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #161 ) (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 170 OPPOSITION/RESPONSE (re #161 MOTION for Hearing re #157 Declaration in Support Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 169 Declaration of Brian M. Sowers in Support of #167 Reply to Opposition/Response filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #167 ) (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 168 Declaration of Jack Fitzgerald in Support of #167 Reply to Opposition/Response filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #167 ) (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 167 REPLY (re #152 MOTION to Certify Class ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 3/18/2021) |
| Filing 166 Declaration of Gary Erickson in Support of #162 Opposition/Response to Motion filed byClif Bar & Company. (Related document(s) #162 ) (Van Gundy, Christopher) (Filed on 3/11/2021) |
| Filing 165 Declaration of William Choi in Support of #162 Opposition/Response to Motion filed byClif Bar & Company. (Related document(s) #162 ) (Van Gundy, Christopher) (Filed on 3/11/2021) |
| Filing 164 Declaration of Itamar Simonson in Support of #162 Opposition/Response to Motion filed byClif Bar & Company. (Related document(s) #162 ) (Van Gundy, Christopher) (Filed on 3/11/2021) |
| Filing 163 Declaration of JayRamsey in Support of #162 Opposition/Response to Motion filed byClif Bar & Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Related document(s) #162 ) (Van Gundy, Christopher) (Filed on 3/11/2021) |
| Filing 162 OPPOSITION/RESPONSE (re #152 MOTION to Certify Class ) filed byClif Bar & Company. (Attachments: #1 Proposed Order)(Van Gundy, Christopher) (Filed on 3/11/2021) |
| Set/Reset Deadlines as to #161 MOTION for Hearing re #157 Declaration in Support Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin. Motion Hearing set for 4/8/2021 10:00 AM in San Francisco before Judge James Donato. (lrcS, COURT STAFF) (Filed on 3/4/2021) |
| Filing 161 MOTION for Hearing re #157 Declaration in Support Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin filed by Clif Bar & Company. (Attachments: #1 Declaration of C. Van Gundy, #2 Declaration of W. Choi, #3 Proposed Order)(Van Gundy, Christopher) (Filed on 3/4/2021) |
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Filing 160
Order by Judge James Donato granting #151 Motion to Remove Incorrectly Filed Document. Defendant's request is granted. ECF Dkt. No. 107 will remain locked and inaccessible to the public. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 3/3/2021)
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| Filing 159 Transcript of Zoom Webinar Proceedings held on February 18, 2021, before Judge James Donato. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #147 Transcript Order ) Release of Transcript Restriction set for 6/1/2021. (Related documents(s) #147 ) (mfk, COURT STAFF) (Filed on 3/1/2021) |
| Filing 158 STATUS REPORT Regarding Locked Documents [Dkt. Nos. 76, 78, 88-98, and 107] by Elizabeth Arnold, Ralph Milan. (Persinger, Melanie) (Filed on 2/26/2021) |
| Filing 157 Declaration of Steven P. Gaskin in Support of #152 MOTION to Certify Class filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #152 ) (Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 156 Declaration of Elizabeth Arnold in Support of #152 MOTION to Certify Class filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #152 ) (Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 155 Declaration of Ralph Milan in Support of #152 MOTION to Certify Class filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #152 ) (Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 154 Declaration of Brian M. Sowers in Support of #152 MOTION to Certify Class filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Related document(s) #152 ) (Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 153 Declaration of Jack Fitzgerald in Support of #152 MOTION to Certify Class filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34)(Related document(s) #152 ) (Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 152 MOTION to Certify Class filed by Sarah Aquino, Elizabeth Arnold, Ralph Milan. Motion Hearing set for 4/8/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/11/2021. Replies due by 3/18/2021. (Attachments: #1 Proposed Order)(Fitzgerald, Jack) (Filed on 2/25/2021) |
| Filing 151 MOTION to Remove Incorrectly Filed Document Docket No. 107 filed by Clif Bar & Company. (Attachments: #1 Proposed Order)(Van Gundy, Christopher) (Filed on 2/25/2021) |
| Filing 150 Declaration of Christopher Van Gundy CORRECTION OF DOCKET #107 filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 2/25/2021) |
| Filing 149 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 2/18/2021. (jdlc2S, COURT STAFF) (Date Filed: 2/19/2021) |
| Filing 148 TRANSCRIPT ORDER for proceedings held on 02-18-2021 before Judge James Donato by Clif Bar & Company, for Court Reporter Marla Knox. (Van Gundy, Christopher) (Filed on 2/18/2021) |
| Filing 147 TRANSCRIPT ORDER for proceedings held on 2/18/2021 before Judge James Donato by Sarah Aquino, Elizabeth Arnold, Ralph Milan, for Court Reporter Marla Knox. (Joseph, Paul) (Filed on 2/18/2021) |
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Filing 146
ORDER. The motion hearing set for February 18, 2021, at 10:00 a.m., will be held by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by February 17, 2021, at 3:00 p.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09 Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including "screen-shots" or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see #https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 2/16/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 2/16/2021)
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| Filing 145 NOTICE of Appearance by Jay Thomas Ramsey (Ramsey, Jay) (Filed on 2/12/2021) |
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Filing 144
ORDER. The request to extend the case management deadlines, Dkt. No. 143, is denied. The parties may complete the mandatory ADR conference by March 22, 2021. Signed by Judge James Donato on 2/2/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Donato, James) (Filed on 2/2/2021)
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| Filing 143 STIPULATION WITH PROPOSED ORDER filed by Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 1/28/2021) |
| Filing 142 Joint Administrative Motion to File Under Seal Regarding Opposed Requests filed by Clif Bar & Company. (Attachments: #1 Proposed Order, #2 REDACTED Motion for Class Certification, #3 UNREDACTED Motion for Class Certification, #4 REDACTED Expert Report of Bruce Silverman, #5 UNREDACTED Expert Report of Bruce Silverman, #6 REDACTED Opposition to Motion for Summary Judgment, #7 UNREDACTED Opposition to Motion for Summary Judgment, #8 REDACTED Exhibit 16, #9 UNREDACTED Exhibit 16, #10 REDACTED Exhibit 29, #11 UNREDACTED Exhibit 29, #12 REDACTED Exhibit 129, #13 UNREDACTED Exhibit 129, #14 REDACTED Exhibit 133, #15 UNREDACTED Exhibit 133, #16 REDACTED Exhibit 178, #17 UNREDACTED Exhibit 178, #18 REDACTED Exhibit 240, #19 UNREDACTED Exhibit 240)(Van Gundy, Christopher) (Filed on 12/21/2020) |
| Filing 141 Joint Administrative Motion to File Under Seal Regarding Unopposed Requests filed by Clif Bar & Company. (Attachments: #1 Proposed Order, #2 UNREDACTED Rebuttal Response of Steven Gaskin, #3 REDACTED Rebuttal Response of Steven Gaskin)(Van Gundy, Christopher) (Filed on 12/21/2020) |
| Filing 140 CLERK'S NOTICE. The hearing on the #76 Motion to Certify Class, #106 Motion for Summary Judgment, #117 Motion to Exclude Opinion Testimony, and #118 Motion to Exclude Opinion Testimony, is re-set for 2/18/2021 at 10:00 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #76 , #106 , #117 , #118 ) (jdlc2S, COURT STAFF) (Filed on 12/14/2020) |
| Filing 139 REPLY (re #118 MOTION for Hearing re #84 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Colin B. Weir MOTION exclusion of C. Weir testimony ) filed byClif Bar & Company. (Attachments: #1 Declaration of William Choi)(Van Gundy, Christopher) (Filed on 12/4/2020) |
| Filing 138 REPLY (re #117 MOTION for Hearing re #85 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin MOTION exclusion of testimony ) filed byClif Bar & Company. (Attachments: #1 Declaration of William Choi)(Van Gundy, Christopher) (Filed on 12/4/2020) |
| Filing 137 Administrative Motion to File Under Seal filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger, #2 Proposed Order, #3 Declaration Redacted Version of Declaration of Brian Sowers, #4 Declaration Unredacted Version of Declaration of Brian Sowers, #5 Certificate/Proof of Service)(Joseph, Paul) (Filed on 12/3/2020) |
| Filing 136 Declaration of Brian Sowers in Support of #135 Reply to Opposition/Response filed byElizabeth Arnold, Ralph Milan. (Related document(s) #135 ) (Joseph, Paul) (Filed on 12/3/2020) |
| Filing 135 REPLY (re #76 MOTION to Certify Class ) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Jack Fitzgerald and Ex. Nos. 1-3)(Joseph, Paul) (Filed on 12/3/2020) |
| Filing 134 EXHIBITS re #131 Administrative Motion to File Under Seal Redacted Version of Opposition to Motions to Exclude Steven Gaskin and Colin Weir filed byClif Bar & Company. (Attachments: #1 Unredacted Version of Opposition to Motions to Exclude Steven Gaskin and Colin Weir)(Related document(s) #131 ) (Van Gundy, Christopher) (Filed on 12/1/2020) |
| Filing 133 Declaration of Christopher Van Gundy in Support of #131 Administrative Motion to File Under Seal filed byClif Bar & Company. (Attachments: #1 Proposed Order)(Related document(s) #131 ) (Van Gundy, Christopher) (Filed on 12/1/2020) |
| Filing 132 EXHIBITS re #131 Administrative Motion to File Under Seal PROOF OF SERVICE filed byElizabeth Arnold, Ralph Milan. (Related document(s) #131 ) (Joseph, Paul) (Filed on 11/27/2020) |
| Filing 131 Administrative Motion to File Under Seal filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger, #2 Proposed Order, #3 Redacted Version of Opposition to Motions to Exclude Steven Gaskin and Colin Weir, #4 Unredacted Version of Opposition to Motions to Exclude Steven Gaskin and Colin Weir, #5 Redacted Version of Ex. 5 to Flynn Decl., #6 Unredacted Version of Ex. 5 to Flynn Decl., #7 Redacted Version of Ex. 6 to Flynn Decl., #8 Unredacted Version of Ex. 6 to Flynn Decl., #9 Redacted Version of Ex. 7 to Flynn Decl., #10 Unredacted Version of Ex. 7 to Flynn Decl., #11 Redacted Version of Gaskin Reply Declaration, #12 Unredacted Version of Gaskin Reply Declaration)(Joseph, Paul) (Filed on 11/27/2020) |
| Filing 130 DECLARATION of Steven Gaskin in Opposition to #128 Opposition/Response to Motion,, filed byElizabeth Arnold, Ralph Milan. (Related document(s) #128 ) (Joseph, Paul) (Filed on 11/27/2020) |
| Filing 129 DECLARATION of Colin Weir in Opposition to #128 Opposition/Response to Motion,, filed byElizabeth Arnold, Ralph Milan. (Related document(s) #128 ) (Joseph, Paul) (Filed on 11/27/2020) |
| Filing 128 OPPOSITION/RESPONSE (re #118 MOTION for Hearing re #84 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Colin B. Weir MOTION exclusion of C. Weir testimony , #117 MOTION for Hearing re #85 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin MOTION exclusion of testimony ) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Trevor Flynn and Ex. Nos. 1-9)(Joseph, Paul) (Filed on 11/27/2020) |
| Filing 127 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Statement of Recent Decision Offered in Support of Clif Bar & Company's Motions to Exclude Opinion Testimony of Experts Gaskin and Weir filed byClif Bar & Company. (Related document(s) #118 , #117 ) (Van Gundy, Christopher) (Filed on 11/24/2020) |
| Filing 126 EXHIBITS re #124 Reply to Opposition/Response, Exhibit 2 to Declaration of Christopher Van Gundy filed byClif Bar & Company. (Related document(s) #124 ) (Van Gundy, Christopher) (Filed on 11/20/2020) |
| Filing 125 EXHIBITS re #124 Reply to Opposition/Response, Exhibit 1 to Declaration of Christopher Van Gundy filed byClif Bar & Company. (Related document(s) #124 ) (Van Gundy, Christopher) (Filed on 11/19/2020) |
| Filing 124 REPLY (re #106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment ) filed byClif Bar & Company. (Attachments: #1 Declaration of Christopher Van Gundy in Support)(Van Gundy, Christopher) (Filed on 11/19/2020) |
| Filing 123 EXHIBITS re #120 Administrative Motion to File Under Seal Redacted Opposition to Motion for Summary Judgment filed byClif Bar & Company. (Attachments: #1 Unredacted Opposition to Motion for Summary Judgment, #2 Redacted Ex. 13, #3 Unredacted Ex. 13, #4 Redacted Ex. 15, #5 Unredacted Ex. 15)(Related document(s) #120 ) (Van Gundy, Christopher) (Filed on 11/16/2020) |
| Filing 122 ADMINISTRATIVE MOTION Statement in Support re #120 Administrative Motion to File Under Seal filed by Clif Bar & Company. Responses due by 11/20/2020. (Attachments: #1 Declaration of Christopher Van Gundy in Support of Plaintiffs Application to Seal, #2 Declaration of Michelle Ferguson in Support of Plaintiffs Application to Seal, #3 Proposed Order)(Van Gundy, Christopher) (Filed on 11/16/2020) |
| Filing 121 OPPOSITION/RESPONSE (re #106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment ) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Jack Fitzgerald in Opposition to Clif's Motion for Summary Judgment, #2 Exhibit 1 to the Declaration of Jack Fitzgerald, #3 Exhibit 2 to the Declaration of Jack Fitzgerald, #4 Exhibit 3 to the Declaration of Jack Fitzgerald, #5 Exhibit 4 to the Declaration of Jack Fitzgerald, #6 Exhibit 5 to the Declaration of Jack Fitzgerald, #7 Exhibit 6 to the Declaration of Jack Fitzgerald, #8 Exhibit 7 to the Declaration of Jack Fitzgerald, #9 Exhibit 8 to the Declaration of Jack Fitzgerald, #10 Exhibit 9 to the Declaration of Jack Fitzgerald, #11 Exhibit 10 to the Declaration of Jack Fitzgerald, #12 Exhibit 11 to the Declaration of Jack Fitzgerald, #13 Exhibit 12 to the Declaration of Jack Fitzgerald, #14 Exhibit 13 to the Declaration of Jack Fitzgerald, #15 Exhibit 14 to the Declaration of Jack Fitzgerald, #16 Exhibit 15 to the Declaration of Jack Fitzgerald, #17 Exhibit 16 to the Declaration of Jack Fitzgerald, #18 Exhibit 17 to the Declaration of Jack Fitzgerald, #19 Exhibit 18 to the Declaration of Jack Fitzgerald, #20 Exhibit 19 to the Declaration of Jack Fitzgerald, #21 Exhibit 20 to the Declaration of Jack Fitzgerald, #22 Exhibit 21 to the Declaration of Jack Fitzgerald)(Fitzgerald, Jack) (Filed on 11/13/2020) |
| Filing 120 Administrative Motion to File Under Seal filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger in Support of Plaintiffs' Application to File Documents Under Seal, #2 Proposed Order, #3 Certificate/Proof of Service, #4 Redacted Opposition to Clif's Motion for Summary Judgment, #5 Unredacted Opposition to Clif's Motion for Summary Judgment, #6 Redacted Ex. 3, #7 Unredacted Ex. 3, #8 Redacted Ex. 4, #9 Unredacted Ex. 4, #10 Redacted Ex. 5, #11 Unredacted Ex. 5, #12 Redacted Ex. 6, #13 Unredacted Ex. 6, #14 Redacted Ex. 7, #15 Unredacted Ex. 7, #16 Redacted Ex. 8, #17 Unredacted Ex. 8, #18 Redacted Ex. 9, #19 Unredacted Ex. 9, #20 Redacted Ex. 11, #21 Unredacted Ex. 11, #22 Redacted Ex. 13, #23 Unredacted Ex. 13, #24 Redacted Ex. 14, #25 Unredacted Ex. 14, #26 Redacted Ex. 15, #27 Unredacted Ex. 15, #28 Redacted Ex. 17, #29 Unredacted Ex. 17, #30 Redacted Ex. 18, #31 Unredacted Ex. 18)(Fitzgerald, Jack) (Filed on 11/12/2020) |
| Filing 118 MOTION for Hearing re #84 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Colin B. Weir, MOTION exclusion of C. Weir testimony filed by Clif Bar & Company. Motion Hearing set for 12/17/2020 10:00 AM in San Francisco, - To be determined before Judge James Donato. Responses due by 11/27/2020. Replies due by 12/4/2020. (Attachments: #1 Declaration of C. Van Gundy, #2 Proposed Order)(Van Gundy, Christopher) (Filed on 11/12/2020) |
| Filing 117 MOTION for Hearing re #85 Declaration in Support Clif Bar & Company's Notice of Motion and Motion to Exclude Opinion Testimony of Steven P. Gaskin, MOTION exclusion of testimony filed by Clif Bar & Company. Motion Hearing set for 12/17/2020 10:00 AM in San Francisco, - To be determined before Judge James Donato. Responses due by 11/27/2020. Replies due by 12/4/2020. (Attachments: #1 Declaration of C. Van Gundy, #2 Proposed Order)(Van Gundy, Christopher) (Filed on 11/12/2020) |
| Filing 116 NOTICE of Appearance by Sascha Von Mende Henry (Henry, Sascha) (Filed on 11/3/2020) |
| Filing 115 Declaration of Christopher Van Gundy in Support of #110 Opposition/Response to Motion to Certify Class filed byClif Bar & Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Proposed Order)(Related document(s) #110 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 114 Declaration of Gary Erickson in Support of #110 Opposition/Response to Motion to Certify Class filed byClif Bar & Company. (Related document(s) #110 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 113 Declaration of Itamar Simonson in Support of #110 Opposition/Response to Motion to Certify Class filed byClif Bar & Company. (Related document(s) #110 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 112 Declaration of James Rippe in Support of #110 Opposition/Response to Motion to Certify Class filed byClif Bar & Company. (Related document(s) #110 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 111 Declaration of William Choi in Support of #110 Opposition/Response to Motion to Certify Class filed byClif Bar & Company. (Related document(s) #110 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 110 OPPOSITION/RESPONSE (re #76 MOTION to Certify Class ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 109 Declaration of James M. Rippe, M.D. in Support of #106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment with Exhibits 1-2 filed byClif Bar & Company. (Related document(s) #106 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 108 Declaration of Gary Erickson in Support of #106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment with Exhibit A filed byClif Bar & Company. (Related document(s) #106 ) (Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 107 *** DOCUMENT LOCKED AT FILER'S REQUEST. PLEASE SEE #150 FOR CORRECTED DOCUMENT. *** Declaration of Christopher Van Gundy in Support of #106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment with Exhibits 1-13 filed byClif Bar & Company. (Related document(s) #106 ) (Van Gundy, Christopher) (Filed on 10/29/2020) Modified on 10/30/2020 (ewn, COURT STAFF). Modified on 2/25/2021 (elyS, COURT STAFF). |
| Filing 106 MOTION for Summary Judgment , or in the Alternative, for Partial Summary Judgment filed by Clif Bar & Company. Motion Hearing set for 12/17/2020 10:00 AM before Judge James Donato. Responses due by 11/12/2020. Replies due by 11/19/2020. (Attachments: #1 Proposed Order)(Van Gundy, Christopher) (Filed on 10/29/2020) |
| Filing 105 NOTICE of Appearance by Robert James Guite (Guite, Robert) (Filed on 10/23/2020) |
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Filing 104
ORDER. The parties have advised the Court that only one discovery dispute remains outstanding at this time. Dkt. No. 103. Plaintiff's request for an order requiring Clif to produce the exact amount of each ingredient in the challenged products, Dkt. No. 57, is denied. Plaintiff's theory of the case focuses on excess sugar consumption, and Clif has represented that its defenses will be based only on "what is disclosed on the labels," Dkt. No. 68, and not on any "trade secret product formulas." As such, plaintiff has not shown that the information sought by its RFP No. 26 is "relevant to any party's claim or defense and proportional to the needs of the case." FRCP 26(b)(1). Plaintiff is entitled to the precise amount of added sugar and a list of all ingredients for each challenged product. Clif is ordered to produce that information for the entire class period to plaintiff by November 10, 2020. The discovery hearing that was set for October 22, 2020, at 2 p.m. is vacated. Signed by Judge James Donato on 10/20/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 10/20/2020)
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| Filing 103 STATUS REPORT Joint Status Report Regarding Discovery Disputes by Sarah Aquino, Elizabeth Arnold, Ralph Milan. (Fitzgerald, Jack) (Filed on 10/15/2020) |
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Filing 102
ORDER RE #46 MOTION FOR JUDGMENT ON THE PLEADINGS AND SETTING DISCOVERY HEARING. Discovery Hearing set for 10/22/2020 at 2:00 PM. Signed by Judge James Donato on 9/28/2020. (jdlc2S, COURT STAFF) (Filed on 9/28/2020)
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| Filing 101 EXHIBITS re #77 Administrative Motion to File Under Seal Revised exhibits per standing order - Redacted Version of Exhibit 12 filed byClif Bar & Company. (Attachments: #1 Unredacted Version of Exhibit 12, #2 Redacted Version of Exhibit 23, #3 Unredacted Version of Exhibit 23, #4 Redacted Version of Exhibit 26, #5 Unredacted Version of Exhibit 26, #6 Redacted Version of Exhibit 44, #7 Unredacted Version of Exhibit 44, #8 Redacted Version of Exhibit 75, #9 Unredacted Version of Exhibit 75, #10 Redacted Version of Exhibit 83-1, #11 Unredacted Version of Exhibit 83-1, #12 Redacted Version of Exhibit 86, #13 Unredacted Version of Exhibit 86, #14 Redacted Version of Exhibit 87, #15 Unredacted Version of Exhibit 87, #16 Redacted Version of Exhibit 92, #17 Unredacted Version of Exhibit 92, #18 Redacted Version of Exhibit 95, #19 Unredacted Version of Exhibit 95, #20 Redacted Version of Exhibit 233, #21 Unredacted Version of Exhibit 233)(Related document(s) #77 ) (Bunker, Khirin) (Filed on 9/24/2020) |
| Filing 100 ADMINISTRATIVE MOTION Administrative Order to Seal re #77 Administrative Motion to File Under Seal Statement in Support of Plaintiffs' Administrative Motion filed by Clif Bar & Company. Responses due by 9/25/2020. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order, #4 Certificate/Proof of Service)(Bunker, Khirin) (Filed on 9/21/2020) |
| Filing 99 Discovery Letter Brief re Motion for Protective Order for Third-Party Subpoenas filed by Clif Bar & Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bunker, Khirin) (Filed on 9/18/2020) |
| Filing 98 Declaration of Bruce Silverman in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) ** Locked per filer's request.** Modified on 9/18/2020 (ddkS, COURT STAFF). ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 97 EXHIBITS re #77 Administrative Motion to File Under Seal Redacted Ex. 251 filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 251, #2 Redacted Ex. 252, #3 Unredacted Ex. 252, #4 Redacted Ex. 253, #5 Unredacted Ex. 253, #6 Redacted Ex. 255, #7 Unredacted Ex. 255, #8 Redacted Ex. 256, #9 Unredacted Ex. 256, #10 Redacted Ex. 257, #11 Unredacted Ex. 257, #12 Redacted Ex. 258, #13 Unredacted Ex. 258, #14 Redacted Ex. 259, #15 Unredacted Ex. 259, #16 Redacted Ex. 263, #17 Unredacted Ex. 263, #18 Redacted Ex. 264, #19 Unredacted Ex. 264, #20 Redacted Ex. 265, #21 Unredacted Ex. 265, #22 Redacted Ex. 266, #23 Unredacted Ex. 266, #24 Redacted Ex. 267, #25 Unredacted Ex. 267, #26 Redacted Ex. 268, #27 Unredacted Ex. 268, #28 Redacted Ex. 269, #29 Unredacted Ex. 269, #30 Redacted Ex. 270, #31 Unredacted Ex. 270, #32 Redacted Ex. 271, #33 Unredacted Ex. 271, #34 Redacted Ex. 272, #35 Unredacted Ex. 272, #36 Redacted Ex. 273, #37 Unredacted Ex. 273, #38 Redacted Ex. 274, #39 Unredacted Ex. 274, #40 Redacted Ex. 275, #41 Unredacted Ex. 275, #42 Redacted Ex. 276, #43 Unredacted Ex. 276)(Related document(s) #77 ) (Fitzgerald, Jack) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 96 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 226, #2 Redacted Ex. 227, #3 Unredacted Ex. 227, #4 Redacted Ex. 228, #5 Unredacted Ex. 228, #6 Redacted Ex. 229, #7 Unredacted Ex. 229, #8 Redacted Ex. 230, #9 Unredacted Ex. 230, #10 Redacted Ex. 231, #11 Unredacted Ex. 231, #12 Redacted Ex. 232, #13 Unredacted Ex. 232, #14 Redacted Ex. 233, #15 Unredacted Ex. 233, #16 Redacted Ex. 236, #17 Unredacted Ex. 236, #18 Redacted Ex. 237, #19 Unredacted Ex. 237, #20 Redacted Ex. 239, #21 Unredacted Ex. 239, #22 Redacted Ex. 242, #23 Unredacted Ex. 242, #24 Redacted Ex. 243, #25 Unredacted Ex. 243, #26 Redacted Ex. 244, #27 Unredacted Ex. 244, #28 Redacted Ex. 245, #29 Unredacted Ex. 245, #30 Redacted Ex. 247, #31 Unredacted Ex. 247, #32 Redacted Ex. 248, #33 Unredacted Ex. 248, #34 Redacted Ex. 250, #35 Unredacted Ex. 250)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 95 EXHIBITS re #77 Administrative Motion to File Under Seal Redacted Ex. 201 filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 201, #2 Redacted Ex. 202, #3 Unredacted Ex. 202, #4 Redacted Ex. 203, #5 Unredacted Ex. 203, #6 Redacted Ex. 204, #7 Unredacted Ex. 204, #8 Redacted Ex. 205, #9 Unredacted Ex. 205, #10 Redacted Ex. 206, #11 Unredacted Ex. 206, #12 Redacted Ex. 207, #13 Unredacted Ex. 207, #14 Redacted Ex. 209, #15 Unredacted Ex. 209, #16 Redacted Ex. 210, #17 Unredacted Ex. 210, #18 Redacted Ex. 211, #19 Unredacted Ex. 211, #20 Redacted Ex. 212, #21 Unredacted Ex. 212, #22 Redacted Ex. 213, #23 Unredacted Ex. 213, #24 Redacted Ex. 214, #25 Unredacted Ex. 214, #26 Redacted Ex. 215, #27 Unredacted Ex. 215, #28 Redacted Ex. 216, #29 Unredacted Ex. 216, #30 Redacted Ex. 217, #31 Unredacted Ex. 217, #32 Redacted Ex. 219, #33 Unredacted Ex. 219, #34 Redacted Ex. 220, #35 Unredacted Ex. 220, #36 Redacted Ex. 221, #37 Unredacted Ex. 221, #38 Redacted Ex. 222, #39 Unredacted Ex. 222, #40 Redacted Ex. 223, #41 Unredacted Ex. 223, #42 Redacted Ex. 225, #43 Unredacted Ex. 225)(Related document(s) #77 ) (Fitzgerald, Jack) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 94 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 176, #2 Redacted Ex. 177, #3 Unredacted Ex. 177, #4 Redacted Ex. 178, #5 Unredacted Ex. 178, #6 Redacted Ex. 179, #7 Unredacted Ex. 179, #8 Redacted Ex. 184, #9 Unredacted Ex. 184, #10 Redacted Ex. 185, #11 Unredacted Ex. 185, #12 Redacted Ex. 187, #13 Unredacted Ex. 187, #14 Redacted Ex. 188, #15 Unredacted Ex. 188, #16 Redacted Ex. 189, #17 Unredacted Ex. 189, #18 Redacted Ex. 190, #19 Unredacted Ex. 190, #20 Redacted Ex. 191, #21 Unredacted Ex. 191, #22 Redacted Ex. 193, #23 Unredacted Ex. 193, #24 Redacted Ex. 194, #25 Unredacted Ex. 194, #26 Redacted Ex. 195, #27 Unredacted Ex. 195, #28 Redacted Ex. 196, #29 Unredacted Ex. 196, #30 Redacted Ex. 197, #31 Unredacted Ex. 197, #32 Redacted Ex. 198, #33 Unredacted Ex. 198, #34 Redacted Ex. 199, #35 Unredacted Ex. 199, #36 Redacted Ex. 200, #37 Unredacted Ex. 200)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 93 EXHIBITS re #77 Administrative Motion to File Under Seal Redacted Ex. 151 filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 151, #2 Redacted Ex. 152, #3 Unredacted Ex. 152, #4 Redacted Ex. 154, #5 Unredacted Ex. 154, #6 Redacted Ex. 155, #7 Unredacted Ex. 155, #8 Redacted Ex. 156, #9 Unredacted Ex. 156, #10 Redacted Ex. 157, #11 Unredacted Ex. 157, #12 Redacted Ex. 160, #13 Unredacted Ex. 160, #14 Redacted Ex. 161, #15 Unredacted Ex. 161, #16 Redacted Ex. 162, #17 Unredacted Ex. 162, #18 Redacted Ex. 163, #19 Unredacted Ex. 163, #20 Redacted Ex. 164, #21 Unredacted Ex. 164, #22 Redacted Ex. 165, #23 Unredacted Ex. 165, #24 Redacted Ex. 166, #25 Unredacted Ex. 166, #26 Redacted Ex. 167, #27 Unredacted Ex. 167, #28 Redacted Ex. 168, #29 Unredacted Ex. 168, #30 Redacted Ex. 170, #31 Unredacted Ex. 170, #32 Redacted Ex. 172, #33 Unredacted Ex. 172, #34 Redacted Ex. 173, #35 Unredacted Ex. 173, #36 Redacted Ex. 174, #37 Unredacted Ex. 174)(Related document(s) #77 ) (Fitzgerald, Jack) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 92 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 90 Part 1, #2 Redacted Ex. 91, #3 Unredacted Ex. 91, #4 Redacted Ex. 92, #5 Unredacted Ex. 92, #6 Redacted Ex. 93, #7 Unredacted Ex. 93, #8 Redacted Ex. 94, #9 Unredacted Ex. 94, #10 Redacted Ex. 95, #11 Unredacted Ex. 95, #12 Redacted Ex. 97, #13 Unredacted Ex. 97, #14 Redacted Ex. 98, #15 Unredacted Ex. 98, #16 Redacted Ex. 99, #17 Unredacted Ex. 99, #18 Redacted Ex. 100, #19 Unredacted Ex. 100, #20 Redacted Ex. 90 Part 2, #21 Unredacted Ex. 90 Part 2)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 91 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 81, #2 Redacted Ex. 81, #3 Unredacted Ex. 82, #4 Redacted Ex. 82, #5 Unredacted Ex. 83 Part 1, #6 Redacted Ex. 83 Part 1, #7 Unredacted Ex. 83 Part 2, #8 Redacted Ex. 83 Part 2, #9 Unredacted Ex. 85, #10 Redacted Ex. 85, #11 Unredacted Ex. 86, #12 Redacted Ex. 86, #13 Unredacted Ex. 87, #14 Redacted Ex. 87, #15 Unredacted Ex. 88, #16 Redacted Ex. 88, #17 Unredacted Ex. 89)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) Modified on 2/26/2021 ** Unlocked by Filer's Request ** (elyS, COURT STAFF). |
| Filing 90 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 76, #2 Redacted Ex. 77, #3 Unredacted Ex. 77, #4 Redacted Ex. 78, #5 Unredacted Ex. 78, #6 Redacted Ex. 79, #7 Unredacted Ex. 79, #8 Redacted Ex. 80, #9 Unredacted Ex. 80)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 89 EXHIBITS re #77 Administrative Motion to File Under Seal (Redacted Ex. 101) filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 101, #2 Redacted Ex. 102, #3 Unredacted Ex. 102, #4 Redacted Ex. 106, #5 Unredacted Ex. 106, #6 Redacted Ex. 107, #7 Unredacted Ex. 107, #8 Redacted Ex. 108, #9 Unredacted Ex. 108, #10 Redacted Ex. 109, #11 Unredacted Ex. 109, #12 Redacted Ex. 110, #13 Unredacted Ex. 110, #14 Redacted Ex. 113, #15 Unredacted Ex. 113, #16 Redacted Ex. 115, #17 Unredacted Ex. 115, #18 Redacted Ex. 122, #19 Unredacted Ex. 122, #20 Redacted Ex. 124, #21 Unredacted Ex. 124, #22 Redacted Ex. 125, #23 Unredacted Ex. 125, #24 Redacted Ex. 126, #25 Unredacted Ex. 126, #26 Redacted Ex. 127, #27 Unredacted Ex. 127, #28 Redacted Ex. 128, #29 Unredacted Ex. 128, #30 Redacted Ex. 130, #31 Unredacted Ex. 130, #32 Redacted Ex. 131, #33 Unredacted Ex. 131, #34 Redacted Ex. 132, #35 Unredacted Ex. 132, #36 Redacted Ex. 135, #37 Unredacted Ex. 135, #38 Redacted Ex. 136, #39 Unredacted Ex. 136, #40 Redacted Ex. 137, #41 Unredacted Ex. 137, #42 Redacted Ex. 138, #43 Unredacted Ex. 138, #44 Redacted Ex. 139, #45 Unredacted Ex. 139, #46 Redacted Ex. 140, #47 Unredacted Ex. 140, #48 Redacted Ex. 142, #49 Unredacted Ex. 141, #50 Redacted Ex. 142, #51 Unredacted Ex. 142, #52 Redacted Ex. 143, #53 Unredacted Ex. 143, #54 Redacted Ex. 144, #55 Unredacted Ex. 144, #56 Redacted Ex. 146, #57 Unredacted Ex. 146, #58 Redacted Ex. 149, #59 Unredacted Ex. 149, #60 Redacted Ex. 150, #61 Unredacted Ex. 150)(Related document(s) #77 ) (Fitzgerald, Jack) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 88 EXHIBITS re #77 Administrative Motion to File Under Seal filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Ex. 52, #2 Redacted Ex. 53, #3 Unredacted Ex. 53, #4 Redacted Ex. 54, #5 Unredacted Ex. 54, #6 Redacted Ex. 56, #7 Unredacted Ex. 56, #8 Redacted Ex. 58, #9 Unredacted Ex. 58, #10 Redacted Ex. 61, #11 Unredacted Ex. 61, #12 Redacted Ex. 64, #13 Unredacted Ex. 64, #14 Redacted Ex. 65, #15 Unredacted Ex. 65, #16 Redacted Ex. 68, #17 Unredacted Ex. 68, #18 Redacted Ex. 69, #19 Unredacted Ex. 69, #20 Redacted Ex. 70, #21 Unredacted Ex. 70, #22 Redacted Ex. 72, #23 Unredacted Ex. 72, #24 Redacted Ex. 73, #25 Unredacted Ex. 73, #26 Redacted Ex. 75, #27 Unredacted Ex. 75)(Related document(s) #77 ) (Persinger, Melanie) (Filed on 9/17/2020) ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 87 EXHIBITS re #77 Administrative Motion to File Under Seal Redacted Declaration of Paul K. Joseph in Support of Motion for Class Certification filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Unredacted Declaration of Paul K. Joseph in Support of, #2 Redacted Ex. 12, #3 Unredacted Ex.12, #4 Redacted Ex. 13, #5 Unredacted Ex. 13, #6 Redacted Ex. 14, #7 Unredacted Ex. 14, #8 Redacted Ex. 15, #9 Unredacted Ex. 15, #10 Redacted Ex. 16, #11 Unredacted Ex. 16, #12 Redacted Ex. 17, #13 Unredacted Ex. 17, #14 Redacted Ex. 18, #15 Unredacted Ex. 18, #16 Redacted Ex. 19, #17 Unredacted Ex. 19, #18 Redacted Ex. 20, #19 Unredacted Ex. 21, #20 Redacted Ex. 21, #21 Unredacted Ex. 21, #22 Redacted Ex. 22, #23 Unredacted Ex. 22, #24 Redacted Ex. 23, #25 Unredacted Ex. 23, #26 Redacted Ex. 24, #27 Unredacted Ex. 24, #28 Redacted Ex. 26, #29 Unredacted Ex. 26, #30 Redacted Ex. 27, #31 Unredacted Ex. 27, #32 Redacted Ex. 30, #33 Unredacted Ex. 30, #34 Redacted Ex. 32, #35 Unredacted Ex. 32, #36 Redacted Ex. 33, #37 Unredacted Ex. 33, #38 Redacted Ex. 34, #39 Unredacted Ex. 34, #40 Redacted Ex. 35, #41 Unredacted Ex. 35, #42 Redacted Ex. 36, #43 Unredacted Ex. 36, #44 Redacted Ex. 39, #45 Unredacted Ex. 39, #46 Redacted Ex. 40, #47 Unredacted Ex. 40, #48 Redacted Ex. 41, #49 Unredacted Ex. 41, #50 Redacted Ex. 42, #51 Unredacted Ex. 42, #52 Redacted Ex. 43, #53 Unredacted Ex. 43, #54 Redacted Ex. 44, #55 Unredacted Ex. 44, #56 Redacted Ex. 45, #57 Unredacted Ex. 45, #58 Redacted Ex. 46, #59 Unredacted Ex. 46, #60 Redacted Ex. 47, #61 Unredacted Ex. 47, #62 Redacted Ex. 48, #63 Unredacted Ex. 48, #64 Redacted Ex. 49, #65 Unredacted Ex. 49)(Related document(s) #77 ) (Fitzgerald, Jack) (Filed on 9/17/2020) |
| Filing 86 NOTICE by Elizabeth Arnold, Ralph Milan re #76 MOTION to Certify Class Notice of Manual Filing for Certain Exhibits (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 85 Declaration of Steven Gaskin in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 84 Declaration of Colin Weir in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 83 Declaration of Dr. Michael Greger in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 82 Declaration of Dr. Robert Lustig in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 81 Declaration of Brian Sowers in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 80 Declaration of Elizabeth Arnold in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 79 Declaration of Ralph Milan in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) |
| Filing 78 Declaration of Paul K. Joseph in Support of #76 MOTION to Certify Class filed byElizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit Nos. 1-25, #2 Exhibit Nos. 26-96, #3 Exhibit No. 97, #4 Exhibit Nos. 98-115, #5 Exhibit Nos. 116-129, #6 Exhibit Nos. 130-169, #7 Exhibit Nos. 169-179, #8 Exhibit No. 180, #9 Exhibit No. 181, #10 Exhibit No. 182, #11 Exhibit Nos. 183-235, #12 Exhibit Nos. 236-254, #13 Exhibit Nos. 255-279)(Related document(s) #76 ) (Joseph, Paul) (Filed on 9/17/2020) **Locked per filer's request.** Modified on 9/18/2020 (ddkS, COURT STAFF). ** Unlocked by Filer's Request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 77 Administrative Motion to File Under Seal filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Melanie Persinger in Support of Plaintiffs' Application to File Documents Under Seal, #2 Proposed Order, #3 Certificate/Proof of Service, #4 Redacted Motion for Class Certification, #5 Unredacted Motion for Class Certification, #6 Redacted Expert Report of Bruce G. Silverman, #7 Unredacted Expert Report of Bruce G. Silverman, #8 Redacted Expert Report of Brian M. Sowers, #9 Unredacted Expert Report of Brian M. Sowers, #10 Redacted Expert Report of Robert Lustig, MD, MSL, #11 Unredacted Expert Report of Robert Lustig, MD, MSL, #12 Redacted Expert Report of Dr. Michael Greger, #13 Unredacted Expert Report of Dr. Michael Greger, #14 Redacted Expert Report of Colin B. Weir, #15 Unredacted Expert Report of Colin B. Weir)(Fitzgerald, Jack) (Filed on 9/17/2020) |
| Filing 76 MOTION to Certify Class filed by Elizabeth Arnold, Ralph Milan. Motion Hearing set for 12/17/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/29/2020. Replies due by 12/3/2020. (Attachments: #1 Proposed Order)(Joseph, Paul) (Filed on 9/17/2020) **Locked per filer's request.** Modified on 9/18/2020 (ddkS, COURT STAFF). ** Unlocked per filer's request ** Modified on 2/26/2021 (elyS, COURT STAFF). |
| Filing 75 Discovery Letter Briefre Clif Bars Motion For Protective Order on Plaintiffs Third-Party Subpoenas filed by Clif Bar & Company. (Attachments: #1 Exhibit)(Bunker, Khirin) (Filed on 8/25/2020) |
| Filing 74 Discovery Letter Brief (Clif Bar's Motion to Compel Response to Requests for Production 26 and 27 to Plaintiff Elizabeth Arnold) filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 8/5/2020) |
| Filing 73 Discovery Letter Brief filed by Sarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 7/30/2020) |
| Filing 72 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Statement of Recent Decision offered in Support of Clif Bar & Company's Motion for Judgment on the Pleadings (Dkt. 46) filed byClif Bar & Company. (Attachments: #1 Exhibit A)(Related document(s) #46 ) (Van Gundy, Christopher) (Filed on 6/4/2020) |
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Filing 71
ORDER re #60 Motion to Withdraw as Attorney of Record for Ms. Sarah Aquino Only. The motion is terminated as premature. If Plaintiff Aquino has not responded to her counsel or otherwise prosecuted this action within the next six months, counsel may re-file the motion. Signed by Judge James Donato on 5/21/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 5/21/2020)
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| Filing 70 REPLY (re #60 MOTION to Withdraw as Attorney of Record for Ms. Sarah Aquino Only ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Paul K. Joseph)(Joseph, Paul) (Filed on 5/13/2020) |
| Filing 69 Letter Brief re #59 Discovery Letter Brief RE Production of Product Labeling and Packaging Defendant Clif Bar & Company's Opposition to Plaintiffs' Motion to Compel Supplemental Responses filed byClif Bar & Company. (Related document(s) #59 ) (Van Gundy, Christopher) (Filed on 5/11/2020) |
| Filing 68 Letter Brief re #57 Discovery Letter Brief RE Motion to Compel Product Formulations Defendant Clif Bar & Company's Opposition to Plaintiffs' Motion to Compel Supplemental Responses to Request for Production 26 filed byClif Bar & Company. (Related document(s) #57 ) (Van Gundy, Christopher) (Filed on 5/11/2020) |
| Filing 67 Letter Brief re #56 Discovery Letter Brief Re Motion to Compel Production of Nationwide Sales Information Defendant Clif Bar & Company's Opposition to Plaintiffs' Motion to Compel Supplemental Responses to Requests for Production filed byClif Bar & Company. (Related document(s) #56 ) (Van Gundy, Christopher) (Filed on 5/11/2020) |
| Filing 66 Letter Brief re #55 Discovery Letter Brief Re Motion to Compel Service of Supplemental Interrogatory Responses Defendant Clif Bar & Company's Opposition to Plaintiffs' Motion to Compel Supplemental Interrogatory Responses filed byClif Bar & Company. (Related document(s) #55 ) (Van Gundy, Christopher) (Filed on 5/11/2020) |
| Filing 65 NOTICE of Change of Address by Paul Kenneth Joseph (Joseph, Paul) (Filed on 5/11/2020) |
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Filing 64
CASE MANAGEMENT SCHEDULING ORDER: Amended Pleadings due by 5/15/2020. Close of Expert Discovery due by 5/7/2021. Close of Fact Discovery due by 2/16/2021. Designation of Experts due by 3/2/2021. Dispositive Motion due by 6/3/2021. Rebuttal Reports due by 4/9/2021. Jury Selection set for 10/4/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Jury Trial set for 10/4/2021 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Motion Hearing set for 12/17/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Pretrial Conference set for 9/16/2021 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato.. Signed by Judge James Donato on 5/6/2020. (lrcS, COURT STAFF) (Filed on 5/6/2020)
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| Filing 63 OPPOSITION/RESPONSE (re #60 MOTION to Withdraw as Attorney of Record for Ms. Sarah Aquino Only ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 5/5/2020) |
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Filing 62
ORDER. For plaintiffs' pending discovery dispute letters, Dkt. Nos. 55, 56, 57 and 59, defendant is directed to respond by May 11, 2020, using the letter brief format described in the Court's Standing Order for Civil Discovery. Signed by Judge James Donato on 4/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 4/27/2020)
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| Filing 61 NOTICE of Appearance by Khirin Attila Bunker (Bunker, Khirin) (Filed on 4/22/2020) |
| Filing 60 MOTION to Withdraw as Attorney of Record for Ms. Sarah Aquino Only filed by Sarah Aquino. Motion Hearing set for 5/28/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 5/5/2020. Replies due by 5/12/2020. (Attachments: #1 Declaration of Paul K. Joseph, #2 Proposed Order)(Joseph, Paul) (Filed on 4/21/2020) |
| Filing 59 Discovery Letter Brief RE Production of Product Labeling and Packaging filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Paul) (Filed on 4/17/2020) |
| Filing 58 JOINT CASE MANAGEMENT STATEMENT RE Joint Proposed Case Schedule filed by Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 4/15/2020) |
| Filing 57 Discovery Letter Brief RE Motion to Compel Product Formulations filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Paul) (Filed on 4/8/2020) |
| Filing 56 Discovery Letter Brief Re Motion to Compel Production of Nationwide Sales Information filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Paul) (Filed on 4/8/2020) |
| Filing 55 Discovery Letter Brief Re Motion to Compel Service of Supplemental Interrogatory Responses filed by Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Paul) (Filed on 4/8/2020) |
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Filing 54
ORDER. The motion to stay is denied, Dkt. No. 44, and the motion for judgment on the pleadings is taken under submission on the papers pursuant to Civil Local Rule 7-1(b). Dkt. No. 46. The hearing that was set for April 9, 2020, is consequently vacated. The parties are directed to file a jointly proposed case schedule by April 15, 2020. Signed by Judge James Donato on 4/3/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 4/3/2020)
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| Filing 53 REPLY (re #44 MOTION to Stay the Case Pending Ninth Circuit Appeals ) filed byClif Bar & Company. (Attachments: #1 Declaration of C. Van Gundy, Exhibits A and B)(Van Gundy, Christopher) (Filed on 3/30/2020) |
| Filing 52 REPLY (re #46 MOTION for Judgment on the Pleadings ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 3/30/2020) |
| Filing 51 OPPOSITION/RESPONSE (re #46 MOTION for Judgment on the Pleadings ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 3/20/2020) |
| Filing 50 OPPOSITION/RESPONSE (re #44 MOTION to Stay the Case Pending Ninth Circuit Appeals ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit Nos. 1-4 to Joseph Declaration, #3 Exhibit Nos. 5-21 to Joseph Declaration)(Joseph, Paul) (Filed on 3/20/2020) |
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Filing 49
ORDER RE #48 STIPULATION. At the joint request of the parties, for defendant's motion for judgment on the pleadings, Dkt. No. 46, and motion to stay, Dkt. No. 44, plaintiffs' oppositions are due by March 20, 2020, and defendant's replies are due by March 30, 2020. Signed by Judge James Donato on 3/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 3/12/2020)
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| Filing 48 STIPULATION WITH PROPOSED ORDER re #46 MOTION for Judgment on the Pleadings , #44 MOTION to Stay the Case Pending Ninth Circuit Appeals Stipulation and [Proposed] Order Adjusting Briefing Schedule for Pending Motions filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 3/6/2020) |
| Filing 47 Request for Judicial Notice re #46 MOTION for Judgment on the Pleadings filed byClif Bar & Company. (Related document(s) #46 ) (Van Gundy, Christopher) (Filed on 2/28/2020) |
| Filing 46 MOTION for Judgment on the Pleadings filed by Clif Bar & Company. Motion Hearing set for 4/9/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/13/2020. Replies due by 3/20/2020. (Attachments: #1 Proposed Order Granting Clif Bar's Motion for Judgment on the Pleadings)(Van Gundy, Christopher) (Filed on 2/28/2020) |
| Filing 45 Request for Judicial Notice re #44 MOTION to Stay the Case Pending Ninth Circuit Appeals filed byClif Bar & Company. (Related document(s) #44 ) (Van Gundy, Christopher) (Filed on 2/28/2020) |
| Filing 44 MOTION to Stay the Case Pending Ninth Circuit Appeals filed by Clif Bar & Company. Motion Hearing set for 4/9/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/13/2020. Replies due by 3/20/2020. (Attachments: #1 Proposed Order Granting Clif Bar's Motion to Stay Case)(Van Gundy, Christopher) (Filed on 2/28/2020) |
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Filing 43
Order by Judge James Donato granting #42 Stipulation. The parties' stipulated protective order is approved, except that in those cases where the stipulated protective order conflicts with the Court's standing orders (e.g., with respect to the filing of discovery motions), the Court's standing orders will control. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/13/2019)
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| Filing 42 STIPULATION WITH PROPOSED ORDER re Stipulated Protective Order filed by Sarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Proposed Order)(Joseph, Paul) (Filed on 12/2/2019) |
| Filing 41 ANSWER to Complaint with Jury Demand Defendant Clif Bar & Company's Answer to Plaintiffs' Unverified Complaint byClif Bar & Company. (Van Gundy, Christopher) (Filed on 9/30/2019) |
| Filing 40 NOTICE of Appearance by Abby Hess Meyer on Behalf of Defendant Clif Bar & Company, Inc. (Meyer, Abby) (Filed on 9/26/2019) |
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Filing 39
Order by Judge James Donato granting #38 Stipulation. Pursuant to the joint request of the parties, defendant Clif Bar & Company's time to respond to the complaint is extended to September 30, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 9/25/2019)
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| Filing 38 STIPULATION WITH PROPOSED ORDER re #1 Complaint, Stipulation and [Proposed] Order to Extend Time to Respond to Complaint and Discovery filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 9/23/2019) |
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Filing 37
ORDER RE #20 MOTION TO STRIKE AND #19 MOTION TO DISMISS. Signed by Judge James Donato on 8/20/2019. (jdlc2S, COURT STAFF) (Filed on 8/20/2019)
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| Filing 36 NOTICE of Substitution of Counsel by Christopher Gail Van Gundy (Van Gundy, Christopher) (Filed on 5/9/2019) |
| Filing 35 Transcript of Proceedings held on 8-9-18, before Judge James Donato. Court Reporter/Transcriber Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #34 Transcript Order ) Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/19/2018. Release of Transcript Restriction set for 12/17/2018. (Related documents(s) #34 ) (Sullivan, Katherine) (Filed on 9/18/2018) |
| Filing 34 TRANSCRIPT ORDER for proceedings held on 8/9/2018 before Judge James Donato by Sarah Aquino, Elizabeth Arnold, Ralph Milan, for Court Reporter Katherine Sullivan. (Fitzgerald, Jack) (Filed on 9/10/2018) |
| Filing 33 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Attachments: #1 Exhibit 1)(Related document(s) #21 ) (Fitzgerald, Jack) (Filed on 9/4/2018) |
| Filing 32 Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 8/9/2018. Total Time in Court: 30 minutes. Court Reporter: Kathy Sullivan. (jdlc2S, COURT STAFF) (Date Filed: 8/13/2018) |
| Filing 31 JOINT CASE MANAGEMENT STATEMENT filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 8/2/2018) |
| Filing 30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by each Plaintiff and Plaintiffs' Counsel (Joseph, Paul) (Filed on 7/19/2018) |
| Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Van Gundy, Christopher) (Filed on 7/19/2018) |
| Filing 28 STIPULATION and Proposed Order selecting Private ADR by Sarah Aquino, Elizabeth Arnold, Ralph Milan , and Clif Bar & Co. filed by Sarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 7/19/2018) |
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Filing 27
ORDER granting #26 Stipulation. The hearing on defendant's motion to dismiss and motion to strike and the initial case management conference are all re-set for August 9, 2018, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. A joint case management statement is due by August 2, 2018, and all other initial case deadlines are continued accordingly. Signed by Judge James Donato on 6/28/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 6/28/2018)
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| Filing 26 STIPULATION WITH PROPOSED ORDER filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 6/27/2018) |
| Filing 25 CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #20 MOTION to Strike , #19 MOTION to Dismiss . Motion Hearing continued to 7/12/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 6/25/2018) |
| Filing 24 REPLY (re #20 MOTION to Strike ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 6/21/2018) |
| Filing 23 REPLY (re #19 MOTION to Dismiss ) filed byClif Bar & Company. (Van Gundy, Christopher) (Filed on 6/21/2018) |
| Filing 22 OPPOSITION/RESPONSE (re #20 MOTION to Strike ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 6/14/2018) |
| Filing 21 OPPOSITION/RESPONSE (re #19 MOTION to Dismiss ) filed bySarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 6/14/2018) |
| Filing 20 MOTION to Strike filed by Clif Bar & Company. Motion Hearing set for 7/5/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/14/2018. Replies due by 6/21/2018. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Van Gundy, Christopher) (Filed on 5/31/2018) |
| Filing 19 MOTION to Dismiss filed by Clif Bar & Company. Motion Hearing set for 7/5/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 6/14/2018. Replies due by 6/21/2018. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Christopher Van Gundy, #3 Exhibit A to the Declaration of Christopher Van Gundy, #4 Exhibit B to the Declaration of Christopher Van Gundy, #5 Proposed Order)(Van Gundy, Christopher) (Filed on 5/31/2018) |
| Filing 18 Refund status re #16 Application for Refund, Declined. (pals, COURT STAFF) (Filed on 5/31/2018) |
| Filing 17 Certificate of Interested Entities by Sarah Aquino, Elizabeth Arnold, Ralph Milan (Joseph, Paul) (Filed on 5/30/2018) |
| Filing 16 Application for Refund, Receipt Number 26959LBC by Sarah Aquino, Elizabeth Arnold, Ralph Milan. (Joseph, Paul) (Filed on 5/30/2018) |
| Filing 15 Certificate of Interested Entities by Clif Bar & Company (Van Gundy, Christopher) (Filed on 5/11/2018) |
| Filing 14 STIPULATION EXTENDING DEFENDANT CLIF BAR & COMPANY'S TIME TO RESPOND TO COMPLAINT filed by Clif Bar & Company. (Van Gundy, Christopher) (Filed on 5/11/2018) |
| Filing 13 SUMMONS Returned Executed by Elizabeth Arnold, Sarah Aquino, Ralph Milan. Clif Bar & Company served on 4/26/2018, answer due 5/17/2018. (Joseph, Paul) (Filed on 5/2/2018) |
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Filing 12
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/26/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 7/19/2018.. Signed by Judge James Donato on 4/30/18. (lrcS, COURT STAFF) (Filed on 4/30/2018)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge James Donato for all further proceedings. Judge Saundra Brown Armstrong no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 4/26/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 4/26/2018)
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Filing 10
ORDER OF RECUSAL. Signed by Judge Saundra Brown Armstrong on 4/26/18. (dtmS, COURT STAFF) (Filed on 4/26/2018)
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| Filing 9 NOTICE of Change of Address by Paul Kenneth Joseph (Joseph, Paul) (Filed on 4/26/2018) |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by Executive Committee on 4/26/18. (as, COURT STAFF) (Filed on 4/26/2018)
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| Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 4/26/2018) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sarah Aquino, Elizabeth Arnold, Ralph Milan.. (Joseph, Paul) (Filed on 4/25/2018) |
| Filing 5 Summons Issued as to Clif Bar & Company. (gbaS, COURT STAFF) (Filed on 4/22/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/13/2018. Initial Case Management Conference set for 7/20/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 4/22/2018) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/3/2018. (bwS, COURT STAFF) (Filed on 4/19/2018) |
| Filing 2 Proposed Summons. (Joseph, Paul) (Filed on 4/19/2018) |
| Filing 1 CLASS ACTION COMPLAINT; Demand for Jury Trial against Clif Bar & Company (Filing fee $ 400.00, receipt number 0971-12286023.). Filed by Elizabeth Arnold, Sarah Aquino, Ralph Milan. (Attachments: #1 Appendix 1, #2 Affidavit of Venue, #3 Civil Cover Sheet) (Joseph, Paul) (Filed on 4/19/2018) Modified on 4/22/2018 (gbaS, COURT STAFF). |
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