Brown v. The J.M. Smucker Company
| Molly Brown |
| THE J. M. SMUCKER COMPANY and The J.M. Smucker Company |
| 4:2021cv06467 |
| August 20, 2021 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Joseph C Spero |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
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| Filing 52 USCA Case Number 22-16326 U.S. Court of Appeals for the Ninth Circuit for #51 Notice of Appeal to the Ninth Circuit, filed by Molly Brown. (wsn, COURT STAFF) (Filed on 9/1/2022) |
| Filing 51 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Molly Brown. Appeal of Clerk's Judgment #50 , Order on Motion to Dismiss #49 (Appeal fee of $505 receipt number ACANDC-17499027 paid.) (Safier, Seth) (Filed on 9/1/2022) No. 22-16326 Modified on 9/1/2022 (wsn, COURT STAFF). |
| Filing 50 CLERK'S JUDGMENT in favor of The J.M. Smucker Company against Molly Brown. (bns, COURT STAFF) (Filed on 8/12/2022) |
Filing 49
ORDER by Judge Haywood S. Gilliam, Jr. Granting #20 Motion to Dismiss. (bns, COURT STAFF) (Filed on 8/12/2022)
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| Filing 48 NOTICE by The J.M. Smucker Company Notice of Withdrawal of Alexandra C. Aurisch (Aurisch, Alexandra) (Filed on 4/28/2022) |
| Filing 47 NOTICE of Appearance by Shawn R. Obi for The J.M. Smucker Company (Obi, Shawn) (Filed on 4/28/2022) |
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Filing 46
ORDER by Judge Haywood S. Gilliam, Jr. Granting #44 Motion for Pro Hac Vice; Terminating #42 Motion for Pro Hac Vice, re-filed at Docket No. #44 . (bns, COURT STAFF) (Filed on 3/8/2022)
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| Filing 45 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #20 motion to dismiss and #32 motion to stay discovery filings under submission. The motion hearing and the case management conference scheduled for March 10, 2022 at 2:00 p.m. and the motion hearing scheduled for May 12, 2022 at 2:00 p.m. are vacated. A written order to be issued. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 3/8/2022) Modified on 3/8/2022 (bns, COURT STAFF). |
| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16968351.) Filing fee previously paid on 3/7/22 filed by Molly Brown. (Attachments: #1 Appendix Certificate of good standing)(McCrary, Matthew) (Filed on 3/8/2022) |
| Filing 43 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #42 . The address on the application for the applicant does not match the address listed on the docket. If the address can be corrected on the docket, please do so. The bar number for the applicant and local co-counsel are the same. The application needs to be re-filed reflecting a different bar number for each attorney. If the address needs to be corrected on the application it should be done when correcting the bar numbers.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 3/8/2022) |
| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16968351.) filed by Molly Brown. (Attachments: #1 Appendix Certificate of good standing)(McCrary, Matthew) (Filed on 3/7/2022) |
| Filing 41 JOINT CASE MANAGEMENT STATEMENT filed by Molly Brown. (Backer, Kali) (Filed on 3/3/2022) Modified on 3/8/2022 (gba, COURT STAFF). |
| Filing 40 REPLY (re #32 MOTION to Stay Discovery Pending Order on Motion to Dismiss ) filed byThe J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rothstein, Ronald) (Filed on 2/22/2022) |
| Filing 39 Supplemental Brief re 35 Order on Motion for Leave to File,,,,, Order on Administrative Motion per Civil Local Rule 7-11,,,, Defendant's Brief Regarding Supplemental Authority filed byThe J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) 35 ) (Rothstein, Ronald) (Filed on 2/16/2022) |
| Filing 38 Supplemental Brief re 35 Order on Motion for Leave to File,,,,, Order on Administrative Motion per Civil Local Rule 7-11,,,, filed byMolly Brown. (Related document(s) 35 ) (Backer, Kali) (Filed on 2/16/2022) |
| Filing 37 OPPOSITION/RESPONSE (re #32 MOTION to Stay Discovery Pending Order on Motion to Dismiss ) filed byMolly Brown. (Attachments: #1 Declaration of Hayley Reynolds, #2 Exhibit A)(Backer, Kali) (Filed on 2/15/2022) |
| Filing 36 NOTICE of Appearance by Kali Backer (Backer, Kali) (Filed on 2/15/2022) |
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Filing 35
ORDER by Hon. Haywood S. Gilliam, Jr. SETTING the following supplemental briefing schedule regarding Dkt. No. #30 Defendant's Notice of Supplemental Authority. By 5:00 p.m. on February 16, 2022, both parties shall file simultaneous briefs of no more than five (5) pages addressing the relevance of the FDA guidance, attached to Defendant's Notice of Supplemental Authority as Exhibit B, to the pending motion to dismiss. Neither party may file any further response. The Court GRANTS Dkt. No. #33 Defendant's Motion for Leave to File Supplemental Authority and deems as filed Dkt. No. #30 Defendant's Notice of Supplemental Authority in Support of Defendant's Motion to Dismiss and Request for Judicial Notice in Support Thereof. The Court TERMINATES AS MOOT Dkt. No. #34 Defendant's Administrative Motion for an Order Advancing the Hearing Date on Dkt. No. #33 Defendant's Motion for Leave to File Supplemental Authority. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 2/9/2022)
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| Set Deadlines/Hearing as to #33 MOTION for Leave to File Supplemental Authority in Support of Defendant's Motion to Dismiss #20 #30 : Responses due by 2/22/2022; Replies due by 3/1/2022; Motion Hearing set for 5/26/2022 02:00 PM before Judge Haywood S. Gilliam Jr. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person. (ndr, COURT STAFF) (Filed on 2/7/2022) |
| Filing 34 ADMINISTRATIVE MOTION for an Order Advancing Hearing Date re #33 MOTION for Leave to File Supplemental Authority in Support of Defendant's Motion to Dismiss #20 #30 filed by The J.M. Smucker Company. Responses due by 2/11/2022. (Attachments: #1 Proposed Order)(Aurisch, Alexandra) (Filed on 2/7/2022) |
| Filing 33 MOTION for Leave to File Supplemental Authority in Support of Defendant's Motion to Dismiss #20 #30 filed by The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Aurisch, Alexandra) (Filed on 2/7/2022) Modified on 2/8/2022 (gba, COURT STAFF). |
| Filing 32 MOTION to Stay Discovery Pending Order on Motion to Dismiss filed by The J.M. Smucker Company. Motion Hearing set for 5/12/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/15/2022. Replies due by 2/22/2022. (Attachments: #1 Proposed Order)(Aurisch, Alexandra) (Filed on 2/1/2022) |
| Filing 31 OBJECTIONS to re #30 Notice (Other),, by Molly Brown. (Safier, Seth) (Filed on 1/28/2022) |
| Filing 30 NOTICE by The J.M. Smucker Company re #20 MOTION to Dismiss Class Action Complaint [DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY; DECLARATION OF ALEXANDRA AURISCH] (Attachments: #1 EXHIBIT B to DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY; DECLARATION OF ALEXANDRA AURISCH, #2 EXHIBIT C to DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY; DECLARATION OF ALEXANDRA AURISCH, #3 DEFENDANTS SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS, #4 [PROPOSED] ORDER ON DEFENDANTS SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS CLASS ACTION COMPLAINT)(Aurisch, Alexandra) (Filed on 1/27/2022) |
| Filing 29 Certificate of Interested Entities by Molly Brown (Reynolds, Hayley) (Filed on 1/25/2022) |
| Filing 28 REPLY (re #20 MOTION to Dismiss Class Action Complaint ) filed byThe J.M. Smucker Company. (Aurisch, Alexandra) (Filed on 1/11/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #20 MOTION to Dismiss Class Action Complaint ) filed byMolly Brown. (Reynolds, Hayley) (Filed on 12/14/2021) |
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Filing 26
ORDER by Judge Haywood S. Gilliam, Jr. Granting #19 Motion for Pro Hac Vice by Sean H. Suber. (ndr, COURT STAFF) (Filed on 11/8/2021)
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Filing 25
ORDER by Judge Haywood S. Gilliam, Jr. Granting #18 Motion for Pro Hac Vice by Ronald Y. Rothstein. (ndr, COURT STAFF) (Filed on 11/8/2021)
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Filing 24
ORDER by Judge Haywood S. Gilliam, Jr. Granting #23 Stipulation to Extend Briefing Schedule for Defendant's #20 Motion to Dismiss. (ndr, COURT STAFF) (Filed on 11/5/2021)
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| Filing 23 STIPULATION WITH PROPOSED ORDER re: Stipulation to Extend Briefing Schedule for Defendant's Motion to Dismiss filed by Molly Brown. (Reynolds, Hayley) (Filed on 11/5/2021) |
| Reset Deadlines as to #20 MOTION to Dismiss Class Action Complaint, See Docket No. #24 : Responses due by 12/14/2021 and Replies due by 1/11/2022. (ndr, COURT STAFF) (Filed on 11/5/2021) |
| Filing 22 CLERK'S NOTICE. Notice is hereby given that the initial case management conference, previously set for November 23, 2021, is continued to March 10, 2022, at 2:00 p.m., to be held along with the hearing on the #20 motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 11/3/2021) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Plaintiff Molly Brown (Reynolds, Hayley) (Filed on 11/2/2021) |
| Filing 20 MOTION to Dismiss Class Action Complaint filed by The J.M. Smucker Company. Motion Hearing set for 3/10/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/9/2021. Replies due by 11/16/2021. (Attachments: #1 Declaration of Alexandra C. Aurisch in support of Motion to Dismiss, #2 Exhibit A to Declaration of Alexandra S. Aurisch, #3 Request for Judicial Notice, #4 Proposed Order on Request for Judicial Notice, #5 Proposed Order on Motion to Dismiss Class Action Complaint (Aurisch, Alexandra) (Filed on 10/26/2021) Modified on 10/28/2021 (gba, COURT STAFF). |
| Filing 19 MOTION for leave to appear in Pro Hac Vice by Sean H. Suber ( Filing fee $ 317, receipt number ACANDC-16552445.) filed by The J.M. Smucker Company. (Suber, Sean) (Filed on 10/26/2021) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice by Ronald Y. Rothstein ( Filing fee $ 317, receipt number BCANDC-16552425.) filed by The J.M. Smucker Company. (Rothstein, Ronald) (Filed on 10/26/2021) |
| Filing 17 CLERK'S NOTICE RE DOCKET NO. 15 . Notice is hereby given that the case management conference set for November 23, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 10/19/2021) |
| Filing 16 NOTICE of Appearance by Marie Ann McCrary (McCrary, Marie) (Filed on 9/16/2021) |
| Filing 15 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for November 23, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by November 16th. 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-06467-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/14/2021) |
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Filing 14
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 Joseph C. Spero no longer assigned to case,. Signed by The Clerk on 9/14/21. (haS, COURT STAFF) (Filed on 9/14/2021)
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| Filing 13 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. (klhS, COURT STAFF) (Filed on 9/14/2021) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The J.M. Smucker Company.. (Aurisch, Alexandra) (Filed on 9/13/2021) |
| Filing 11 Certificate of Interested Entities by The J.M. Smucker Company and Corporate Disclosure Statement (Aurisch, Alexandra) (Filed on 9/13/2021) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Defendant The J.M. Smucker Company shall file a consent or declination to proceed before a magistrate judge. 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/23/2021. (klhS, COURT STAFF) (Filed on 9/9/2021) |
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Filing 9
Order. Signed 9/9/2021 by Chief Magistrate Judge Joseph C. Spero granting #7 Stipulation To Extend Time.(klhS, COURT STAFF) (Filed on 9/9/2021)
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| Filing 8 NOTICE of Appearance by Alexandra Caroline Aurisch for The J.M. Smucker Company (Aurisch, Alexandra) (Filed on 9/8/2021) |
| Filing 7 STIPULATION WITH PROPOSED ORDER to Extend Time to Answer Complaint #1 filed by The J.M. Smucker Company. (Aurisch, Alexandra) (Filed on 9/8/2021) |
| Filing 6 Summons Issued as to The J.M. Smucker Company. (gbaS, COURT STAFF) (Filed on 8/23/2021) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/12/2021. Initial Case Management Conference set for 11/19/2021 02:00 PM in San Francisco, Courtroom F, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/23/2021) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Molly Brown.. (Safier, Seth) (Filed on 8/23/2021) |
| 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 9/3/2021. (haS, COURT STAFF) (Filed on 8/20/2021) |
| Filing 2 Proposed Summons. (Safier, Seth) (Filed on 8/20/2021) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16306562.). Filed byMolly Brown. (Attachments: #1 Civil Cover Sheet)(Safier, Seth) (Filed on 8/20/2021) |
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