Tatum v. Sunbeam Products, Inc. et al
Plaintiff: Kelly Tatum
Defendant: Sunbeam Products, Inc. and Newell Brands, Inc.
Case Number: 4:2022cv02978
Filed: May 19, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Opinion or Order Filing 25 ORDER by Judge Haywood S. Gilliam, Jr. Granting #24 Stipulation by Parties Under FRCP 41(a) to Dismiss Third Cause of Action Against Defendants Sunbeam Products, Inc. and Newell Brands, Inc. Without Prejudice. **This order terminates docket no. #6 as moot.***(ndr, COURT STAFF) (Filed on 6/16/2022)
June 15, 2022 Filing 24 STIPULATION WITH PROPOSED ORDER by Parties Under FRCP 41(a) to Dismiss Third Cause of Action Against Defendants Sunbeam Products, Inc. and Newell Brands, Inc. Without Prejudice filed by Kelly Tatum. (Workman, Seth) (Filed on 6/15/2022)
June 7, 2022 Filing 23 CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #21 AND #22 . All future filings should reflect the case number as 4:22-cv-02978-HSG as previously advised via docket no. 17 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 6/7/2022)
June 6, 2022 Reset Hearing as to #6 MOTION to Dismiss Plaintiff's Third Count for Breach of Implied Warranty Pursuant to Fed. R. Civ. P. 12(b)(6), See Docket No. #19 : Motion Hearing set for 8/11/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 6/6/2022)
June 6, 2022 Filing 22 Brief Memorandum of Points and Authorities Supporting #6 Motion to Dismiss Plaintiff's Third Count for Breach of Implied Warranty Pursuant to Fed.R. Civ. 12(b)(6) filed byNewell Brands, Inc., Sunbeam Products, Inc.. (Coriaty, Joseph) (Filed on 6/6/2022) Modified on 6/7/2022 (msr, COURT STAFF).
June 6, 2022 Filing 21 Renotice motion hearing Motion to Dismiss Plaintiff's Third Count for Breach of Implied Warrany Pursuant to Fed. R. Civ. P. 112(b)(6) filed byNewell Brands, Inc., Sunbeam Products, Inc.. (Coriaty, Joseph) (Filed on 6/6/2022)
June 6, 2022 Filing 20 NOTICE by Newell Brands, Inc., Sunbeam Products, Inc. of Standing Order for All Judges for the Northern District of California (Coriaty, Joseph) (Filed on 6/6/2022)
June 6, 2022 Filing 19 NOTICE by Newell Brands, Inc., Sunbeam Products, Inc. of Standing Order of Civil Cases Before District Judge Haywood S. Gilliam, Jr. (Coriaty, Joseph) (Filed on 6/6/2022)
June 2, 2022 Filing 18 NOTICE of Appearance by Seth E. Workman for Plaintiff, Kelly Tatum (Workman, Seth) (Filed on 6/2/2022)
June 2, 2022 Filing 17 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 23, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 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 4:22-cv-02978-HSG. The August 23rd 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.)(ndr, COURT STAFF) (Filed on 6/2/2022) Modified on 6/2/2022 to correct typo(ndr, COURT STAFF).
June 2, 2022 Opinion or Order Filing 16 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 Nathanael M. Cousins no longer assigned to case. (sfb, COURT STAFF) (Filed on 6/2/2022)
June 2, 2022 Filing 15 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (sfb, COURT STAFF) (Filed on 6/2/2022)
June 1, 2022 Filing 14 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 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. (lmh, COURT STAFF) (Filed on 6/1/2022)
June 1, 2022 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Newell Brands, Inc., Sunbeam Products, Inc... (Coriaty, Joseph) (Filed on 6/1/2022)
May 31, 2022 Filing 12 CLERK'S NOTICE RE: #6 Motion to Dismiss Plaintiff's Third Count for Breach of Implied Warranty Pursuant to Fed. R. Civ. P. 12(b)(6). Plaintiff's opposition due 6/9/2022. Reply due 6/16/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/31/2022)
May 27, 2022 Filing 11 Proposed Order #6 Motion to Dismiss Plaintiff's Third Count for Breach of Implied Warranty by Newell Brands, Inc., Sunbeam Products, Inc.. (Coriaty, Joseph) (Filed on 5/27/2022) Modified on 5/31/2022 (msr, COURT STAFF).
May 26, 2022 Filing 10 ANSWER to Complaint bySunbeam Products, Inc.. (Coriaty, Joseph) (Filed on 5/26/2022)
May 26, 2022 Filing 9 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 6/2/2022. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/26/2022)
May 26, 2022 Filing 8 ANSWER to Complaint bySunbeam Products, Inc.. (Coriaty, Joseph) (Filed on 5/26/2022)
May 26, 2022 Filing 7 ANSWER to Complaint byNewell Brands, Inc.. (Coriaty, Joseph) (Filed on 5/26/2022)
May 26, 2022 Filing 6 MOTION to Dismiss Plaintiff's Third Count for Breach of Implied Warranty Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Newell Brands, Inc., Sunbeam Products, Inc.. Motion Hearing set for 7/6/2022 01:00 PM in Oakland, Courtroom 5, 2nd Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 6/22/2022. Replies due by 6/29/2022. (Coriaty, Joseph) (Filed on 5/26/2022)
May 20, 2022 Filing 5 Corporate Disclosure Statement by Newell Brands, Inc. identifying Corporate Parent Newell Brands, Inc. for Newell Brands, Inc.. re #1 Notice of Removal, (Coriaty, Joseph) (Filed on 5/20/2022)
May 20, 2022 Filing 4 Corporate Disclosure Statement by Sunbeam Products, Inc. identifying Corporate Parent Sunbeam Products, Inc. for Sunbeam Products, Inc.. re #1 Notice of Removal, (Coriaty, Joseph) (Filed on 5/20/2022)
May 20, 2022 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/10/2022. Initial Case Management Conference set for 8/17/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (msr, COURT STAFF) (Filed on 5/20/2022)
May 20, 2022 Filing 2 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/3/2022. (jlg, COURT STAFF) (Filed on 5/20/2022)
May 20, 2022 #Electronic filing error. Incorrect event used. [err101]Corporate Disclosure Statements must be filed as separate ecf events.Please re-file in its entirety. Re: #1 Notice of Remov al, filed by Sunbeam Products, Inc., Newell Brands, Inc. (msr, COURT STAFF) (Filed on 5/20/2022)
May 19, 2022 Filing 1 NOTICE OF REMOVAL from Santa Clara Supeior court. Their case number is 22CV395992. (Filing fee $402 receipt number ACANDC-17193072). Filed bySunbeam Products, Inc., Newell Brands, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Affidavit)(Coriaty, Joseph) (Filed on 5/19/2022)

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Defendant: Sunbeam Products, Inc.
Represented By: Joseph R, Coriaty
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Defendant: Newell Brands, Inc.
Represented By: Joseph R, Coriaty
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Plaintiff: Kelly Tatum
Represented By: John S. Hinman
Represented By: Laura M. Ames
Represented By: Seth E. Workman
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