Rathbun et al v. Barretts Minerals, Inc. et al
| Gwendolyn Rathbun and John Edwin Rathbun |
| Himmel Management Company, LLC, Chattem, Inc., Block Drug Company, Inc., Cyprus Mines Corporation, Safeway, Inc., Block Drug Corporation, GlaxoSmithKline, LLC, Barretts Minerals, Inc. and Lucky Stores, Inc. |
| 4:2021cv03228 |
| April 30, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| P.I. : Asbestos |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 50 Evidentiary Objections In Support of Motion for Summary Judgment to re #49 Reply to Opposition/Response by Lucky Stores, Inc.. (Catalona, Alex) (Filed on 6/17/2021) Modified on 6/21/2021 (bnsS, COURT STAFF). |
| Filing 49 REPLY (re #22 MOTION for Summary Judgment ) filed byLucky Stores, Inc.. (Attachments: #1 Proposed Order)(Catalona, Alex) (Filed on 6/17/2021) |
| Filing 48 REPLY (re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS ) filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Certificate/Proof of Service)(Amell, David) (Filed on 6/17/2021) |
| Filing 47 OPPOSITION/RESPONSE (re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS ) filed byLucky Stores, Inc.. (Catalona, Alex) (Filed on 6/11/2021) |
| Filing 46 OPPOSITION/RESPONSE (re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS ) filed byChattem, Inc.. (Attachments: #1 Supplement Objections To Plaintiffs Evidence Provided In Support Of The Motion For Remand, #2 Declaration Declaration Of William L. Coggshall In Support Of Defendant Chattem, Inc.S Opposition To Plaintiffs Motion For Remand To State Court, #3 Proposed Order Proposed Order, #4 Affidavit Certificate of Service)(Coggshall, William) (Filed on 6/11/2021) |
| Filing 45 OPPOSITION/RESPONSE (re #22 MOTION for Summary Judgment ) filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate/Proof of Service)(Amell, David) (Filed on 6/10/2021) |
Filing 44
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #42 Plaintiffs' Ex Parte Application to Continue the Briefing Schedule for Defendant's Motion for Summary Judgment. The Court CONTINUES the hearing on the Dkt. No. #22 Motion for Summary Judgment from August 26, 2021 to September 2, 2021 at 2:00 p.m. to be held along with the hearing on the Dkt. No. #26 Motion to Remand. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 6/10/2021)
|
| #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Opposition. Correct event is found under Civil Events > Motion a nd Related Filings > Responses and Replies. [err101] Re: #43 Response ( Non Motion ), filed by Lucky Stores, Inc. (bnsS, COURT STAFF) (Filed on 6/10/2021) |
| #Electronic filing error. REMINDER TO COUNSEL: Incorrect Event Used. In the future, the correct event is Ex Parte Application. Correct event is found under Civil Events > ; Motion and Related Filings & Motions- General. [err101] Re: #42 Ex Parte Application (Miscellaneous Case Opening), filed by Gwendolyn Rathbun, John Edwin Rathbun (bnsS, COURT STAFF) (Filed on 6/10/2021) |
| Reset Hearing as to #22 MOTION for Summary Judgment, See Docket No. 44 : Motion Hearing set for 9/2/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/10/2021) |
| Filing 43 Opposition to Plaintiffs' Second Ex Parte to Continue Briefing Scheduled On Motion For Summary Judgment By Defendant Lucky Stores, Inc. by Lucky Stores, Inc. re #42 Ex Parte Application (Miscellaneous Case Opening), filed by Lucky Stores, Inc.. (Catalona, Alex) (Filed on 6/9/2021) Modified on 6/10/2021 (bnsS, COURT STAFF). |
| Filing 42 EX PARTE APPLICATION TO CONTINUE BRIEFING SCHEDULE ON LUCKY STORES, INC.S MOTION FOR SUMMARY JUDGMENT against All Defendants ( Filing fee $ 49, receipt number 0971-16059085.). Filed by Gwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIE, #2 Declaration, #3 Proposed Order, #4 Certificate/Proof of Service)(Amell, David) (Filed on 6/9/2021) Modified on 6/10/2021 (bnsS, COURT STAFF). |
| Reset Hearing as to #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS, See Docket No. #41 : Motion Hearing set for 9/2/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/8/2021) |
| Filing 41 Renotice motion hearing re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #26 ) (Amell, David) (Filed on 6/8/2021) |
| #Electronic filing error. REMINDER: Case division and case location information are incorrect. In the future, please be sure that the case number is correctly reflected on your documents as Oakland Division and the case number should be 4:21-cv-3228 HSG. [err102] Re: #39 Renotice motion hearing filed by Lucky Stores, Inc. (bnsS, COURT STAFF) (Filed on 6/8/2021) |
| Reset Hearing as to #22 MOTION for Summary Judgment, See Docket No. #39 : Motion Hearing set for 8/26/2021 02:00 PM before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 6/7/2021) |
|
Filing 40
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #31 Motion to Continue Motion for Summary Judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3S, COURT STAFF) (Filed on 6/7/2021)
|
| Filing 39 Renotice motion hearing re #22 MOTION for Summary Judgment filed byLucky Stores, Inc.. (Related document(s) #22 ) (Catalona, Alex) (Filed on 6/7/2021) |
| Filing 38 ***DISREGARD, RE-NOTICE DOES NOT INCLUDE A HEARING DATE AND TIME.***Renotice motion hearing re #37 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #37 ) (Amell, David) (Filed on 6/7/2021) Modified on 6/8/2021 (ndrS, COURT STAFF). |
| Filing 37 ***DISREGARD, Duplicate Filing of Docket No. 26 .*** First MOTION to Remand filed by Gwendolyn Rathbun, John Edwin Rathbun. Responses due by 6/21/2021. Replies due by 6/28/2021. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIE, #2 Declaration, #3 Proposed Order, #4 Certificate/Proof of Service)(Amell, David) (Filed on 6/7/2021) Modified on 6/8/2021 (ndrS, COURT STAFF). |
| Filing 36 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for August 17, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 10th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-03228-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 6/7/2021) |
|
Filing 35
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 06/04/2021. (mbcS, COURT STAFF) (Filed on 6/4/2021)
|
| Filing 34 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 6/3/2021) |
| Filing 33 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Block Drug Company, Inc... (Attachments: #1 Certificate/Proof of Service CERTIFICATE OF SERVICE)(Salfiti, Juliana) (Filed on 6/2/2021) |
| Filing 32 OPPOSITION/RESPONSE (re #31 First Ex Parte Application NOTICE AND MOTION TO CONTINUE LUCKY STORES, INC.S MOTION FOR SUMMARY JUDGMENT ) filed byLucky Stores, Inc.. (Catalona, Alex) (Filed on 6/1/2021) |
| Filing 31 First Ex Parte Application NOTICE AND MOTION TO CONTINUE LUCKY STORES, INC.S MOTION FOR SUMMARY JUDGMENT filed by Gwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration, #3 Proposed Order, #4 Certificate/Proof of Service)(Amell, David) (Filed on 6/1/2021) |
| Set/Reset Deadlines as to #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS. Motion Hearing set for 7/12/2021 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 6/1/2021) |
| Filing 30 Proposed Order re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS by Gwendolyn Rathbun, John Edwin Rathbun. (Amell, David) (Filed on 5/28/2021) |
| Filing 29 EXHIBITS re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #26 ) (Amell, David) (Filed on 5/28/2021) |
| Filing 28 Renotice motion hearing re #26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS filed byGwendolyn Rathbun, John Edwin Rathbun. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #26 ) (Amell, David) (Filed on 5/28/2021) |
| Filing 27 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gwendolyn Rathbun, John Edwin Rathbun.. (Amell, David) (Filed on 5/28/2021) |
| Filing 26 First MOTION to Remand OF ACTION AND FOR AWARD OF COSTS filed by Gwendolyn Rathbun, John Edwin Rathbun. Responses due by 6/11/2021. Replies due by 6/18/2021. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration, #3 Certificate/Proof of Service)(Amell, David) (Filed on 5/28/2021) |
| Filing 25 Proposed Order re #22 MOTION for Summary Judgment by Lucky Stores, Inc.. (Catalona, Alex) (Filed on 5/27/2021) |
| Filing 24 Declaration of Alex P. Catalona in Support of #22 MOTION for Summary Judgment filed byLucky Stores, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Alex P. Catalona, #2 Exhibit Exhibit 2 to Declaration of Alex P. Catalona, #3 Exhibit Exhibit 3 to Declaration of Alex P. Catalona, #4 Exhibit Exhibit 4 to Declaration of Alex P. Catalona, #5 Exhibit Exhibit 5 to Declaration of Alex P. Catalona, #6 Exhibit Exhibit 6 to Declaration of Alex P. Catalona, #7 Exhibit Exhibit 7 to Declaration of Alex P. Catalona, #8 Exhibit Exhibit 8 to Declaration of Alex P. Catalona, #9 Exhibit Exhibit 9 to Declaration of Alex P. Catalona, #10 Exhibit Exhibit 10 to Declaration of Alex P. Catalona, #11 Exhibit Exhibit 11 to Declaration of Alex P. Catalona, #12 Exhibit Exhibit 12 to Declaration of Alex P. Catalona, #13 Exhibit Exhibit 13 to Declaration of Alex P. Catalona, #14 Exhibit Exhibit 14 to Declaration of Alex P. Catalona, #15 Exhibit Exhibit 15 to Declaration of Alex P. Catalona, #16 Exhibit Exhibit 16 to Declaration of Alex P. Catalona, #17 Exhibit Exhibit 17 to Declaration of Alex P. Catalona)(Related document(s) #22 ) (Catalona, Alex) (Filed on 5/27/2021) |
| Filing 23 Brief re #22 MOTION for Summary Judgment Memorandum of Points and Authorities In Support of Motion For Summary Judgment by Defendant Lucky Stores, Inc. filed byLucky Stores, Inc.. (Related document(s) #22 ) (Catalona, Alex) (Filed on 5/27/2021) |
| Filing 22 MOTION for Summary Judgment filed by Lucky Stores, Inc.. Motion Hearing set for 7/12/2021 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 6/10/2021. Replies due by 6/17/2021. (Catalona, Alex) (Filed on 5/27/2021) |
|
Filing 21
ORDER re #20 MOTION to Remand. Signed by Magistrate Judge Sallie Kim on 5/27/2021. (mklS, COURT STAFF) (Filed on 5/27/2021)
|
| Filing 20 PLAINTIFFS EX PARTE APPLICATION FOR SUA SPONTE ORDER REMANDING ACTION AND FOR AWARD OF COSTS filed by Gwendolyn Rathbun, John Edwin Rathbun. Responses due by 5/31/2021. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Sarah E. Gilson, #3 Certificate/Proof of Service)(Amell, David) (Filed on 5/26/2021) Modified on 6/8/2021 (bnsS, COURT STAFF). |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Safeway, Inc... (Ascione, Alexandra) (Filed on 5/20/2021) |
| Filing 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants Barretts Minerals, Inc., Cypress Mines Corporation, GlaxoSmithKline, LLC, and Safeway, Inc. shall file a consent or declination to proceed before a magistrate judge by 6/2/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 5/19/2021) |
| Filing 17 Certificate of Interested Entities by Lucky Stores, Inc. identifying Corporate Parent Save Mart Supermarkets for Lucky Stores, Inc.. (Catalona, Alex) (Filed on 5/19/2021) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lucky Stores, Inc... (Catalona, Alex) (Filed on 5/19/2021) |
| Filing 15 NOTICE of Appearance by Alex Paul Catalona (Catalona, Alex) (Filed on 5/19/2021) |
| Filing 14 NOTICE by Chattem, Inc. Notice of Standing Orders For Magistrate Sallie Kim (Attachments: #1 Affidavit Proof of Service)(Coggshall, William) (Filed on 5/13/2021) |
| Filing 13 NOTICE by Chattem, Inc. Notice of Order Setting Initial Case Management Conference and ADR Deadlines (Attachments: #1 Affidavit Proof of Service)(Coggshall, William) (Filed on 5/13/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Chattem, Inc... (Attachments: #1 Affidavit Proof of Service)(Coggshall, William) (Filed on 5/13/2021) |
| Filing 11 NOTICE of Appearance by James P. Cunningham and Ferlin P. Ruiz (Cunningham, James) (Filed on 5/7/2021) |
| Filing 10 Certificate of Interested Entities by Barretts Minerals, Inc. identifying Corporate Parent Minerals Technologies, Inc. for Barretts Minerals, Inc.. Specialty Minerals (Cunningham, James) (Filed on 5/7/2021) |
| Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/26/2021. Initial Case Management Conference set for 8/2/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (wsnS, COURT STAFF) (Filed on 5/6/2021) |
| Filing 8 NOTICE of Appearance by Alexandra Ascione for Safeway, Inc. (Ascione, Alexandra) (Filed on 5/6/2021) |
| Filing 7 Case assigned to Magistrate Judge Sallie Kim. 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 5/18/2021. (haS, COURT STAFF) (Filed on 5/4/2021) |
| Filing 6 Civil Cover Sheet by Chattem, Inc. Re #1 Removal filed by Chattem, Inc.. (Attachments: #1 Certificate/Proof of Service Certificate of Service)(Coggshall, William) (Filed on 5/4/2021) |
| Filing 5 Civil Cover Sheet by Chattem, Inc. Re #1 Removal filed by Chattam, Inc.. (Coggshall, William) (Filed on 5/3/2021) |
| #Electronic filing error. Please resubmit Civil Cover Sheet Rev. 10/20 from our website www.cand.uscourts.gov. No judge assignment will be made until the document is e-filed . Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #5 Civil Cover Sheet filed by Chattem, Inc. (haS, COURT STAFF) (Filed on 5/3/2021) |
| #Electronic filing error. Please resubmit Civil Cover Sheet Rev. 10/20 from our website www.cand.uscourts.gov. No judge assignment will be made until the document is e-filed. Submi t your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Notice of Removal,, filed by Chattem, Inc. (haS, COURT STAFF) (Filed on 5/3/2021) |
| Filing 4 NOTICE of Appearance by William Lamar Coggshall (Coggshall, William) (Filed on 4/30/2021) |
| Filing 3 Corporate Disclosure Statement by Chattem, Inc. (Coggshall, William) (Filed on 4/30/2021) |
| Filing 2 Certificate of Interested Entities by Chattem, Inc. identifying Corporate Parent Sanofi for Chattem, Inc.. (Coggshall, William) (Filed on 4/30/2021) |
| Filing 1 NOTICE OF REMOVAL from Alameda Superior Court. Their case number is RG20083508. (Filing fee $402 receipt number 0971-15913634). Filed byChattem, Inc.. (Attachments: #1 Declaration Declaration of William L. Coggshall ISO Removal, #2 Exhibit Exhbits A-PP to the Declaration of William L. Coggshall, #3 Exhibit Exhibits OO-ZZ to the Declaration of William L. Coggshall, #4 Exhibit Exhibits AAA-YYY to the Declaration of William L. Coggshall, #5 Civil Cover Sheet Civil Cover Sheet, #6 Certificate/Proof of Service Certificate of Service)(Coggshall, William) (Filed on 4/30/2021) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
