Horti et al v. Nestle USA, Inc.
Plaintiff: Bruce Horti, Sandra George and Jeanette Craig
Defendant: Nestle USA, Inc. and Nestle Healthcare Nutrition, Inc.
Case Number: 4:2021cv09812
Filed: December 20, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Phyllis J Hamilton
Referring Judge: Alex G Tse
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 16, 2022 Opinion or Order Filing 14 ORDER by Judge Phyllis J. Hamilton granting #13 Motion for Pro Hac Vice as to Nick Suciu, III. (kc, COURT STAFF) (Filed on 2/16/2022)
February 16, 2022 Opinion or Order Filing 13 MOTION for leave to appear in Pro Hac Vice by Nick Suciu, III on behalf of Plaintiffs ( Filing fee $ 317, receipt number ACANDC-16910796.) filed by Jeanette Craig, Sandra George, Bruce Horti. (Attachments: #1 Certificate of Good Standing for Nick Suciu, II)(Suciu, Nick) (Filed on 2/16/2022)
February 9, 2022 Opinion or Order Filing 12 WAIVER OF SERVICE Returned Executed filed by Jeanette Craig, Sandra George, Bruce Horti. Service waived by Nestle Healthcare Nutrition, Inc. waiver sent on 2/7/2022, answer due 4/8/2022. Waiver of Service of Second Amended Class Action Complaint filed 02/07/2022 (Straus, Alex) (Filed on 2/9/2022)
February 7, 2022 Opinion or Order Filing 10 STIPULATION AND ORDER GRANTING PLAINTIFFS LEAVE TO FILE A SECOND AMENDED CLASS ACTION COMPLAINT by Judge Phyllis J. Hamilton granting #9 Motion for Leave to File. (kc, COURT STAFF) (Filed on 2/7/2022)
February 4, 2022 Opinion or Order Filing 11 SECOND AMENDED CLASS ACTION COMPLAINT against Nestle Healthcare Nutrition, Inc. with jury demand. Filed by Bruce Horti, Sandra George and Jeanette Craig. (Attachments: #1 Exhibit A - Abstract Summary-Effect of Diabetes-Specific Oral Nutritional Supplements etc)(Straus, Alex) (Filed on 2/7/2022) Modified on 2/7/2022 (kc, COURT STAFF).
February 4, 2022 Opinion or Order Filing 9 Joint MOTION for Leave to File Second Amended Class Action Complaint filed by Jeanette Craig, Sandra George, Bruce Horti and Nestle USA, Inc.. (Attachments: #1 Redline Comparison of First Amended and Second Amended Class Action Complaint, #2 Second Amended Class Action Complaint, #3 Exhibit A - Abstract Summary-Effect of Diabetes-Specific Oral Nutritional Supplements etc)(Straus, Alex) (Filed on 2/4/2022) Modified on 2/7/2022 (jml, COURT STAFF).
January 3, 2022 Opinion or Order Filing 8 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/7/2022. Initial Case Management Conference set for 4/14/2022 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 1/3/2022. (kc, COURT STAFF) (Filed on 1/3/2022)
January 3, 2022 Opinion or Order Filing 7 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case,. Signed by Clerk on 1/3/2022. (as, COURT STAFF) (Filed on 1/3/2022)
December 29, 2021 Opinion or Order Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 12/29/2021)
December 29, 2021 Opinion or Order Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bruce Horti.. (Straus, Alex) (Filed on 12/29/2021)
December 21, 2021 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/18/2022. Initial Case Management Conference set for 3/25/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (jml, COURT STAFF) (Filed on 12/21/2021)
December 20, 2021 Opinion or Order Filing 3 Case assigned to Magistrate Judge Alex G. Tse. 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 1/3/2022. (anj, COURT STAFF) (Filed on 12/20/2021)
December 20, 2021 Opinion or Order Filing 2 AMENDED COMPLAINT against Nestle USA, Inc. with jury demand. Filed by Bruce Horti, Sandra George and Jeanette Craig. (Attachments: #1 Civil Cover Sheet, #2 Declaration Venue Declaration, #3 Exhibit)(Straus, Alex) (Filed on 12/20/2021) Modified on 12/21/2021 (jml, COURT STAFF).
December 20, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-16736206.). Filed byBruce Horti. (Attachments: #1 Civil Cover Sheet, #2 Declaration Venue Declaration, #3 Exhibit)(Straus, Alex) (Filed on 12/20/2021)

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Plaintiff: Bruce Horti
Represented By: Alex R. Straus
Represented By: Nick Suciu, III
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Plaintiff: Sandra George
Represented By: Nick Suciu, III
Represented By: Alex R. Straus
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Plaintiff: Jeanette Craig
Represented By: Nick Suciu, III
Represented By: Alex R. Straus
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Defendant: Nestle USA, Inc.
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Defendant: Nestle Healthcare Nutrition, Inc.
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