Sinatro et al v. Barilla America, Inc.
| Matthew Sinatro and Jessica Prost |
| Barilla America, Inc. |
| 4:2022cv03460 |
| June 11, 2022 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
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Filing 30
Order by Magistrate Judge Donna M. Ryu granting in part and denying in part #15 Defendant's Motion to Dismiss. Signed on 10/17/2022.(dmrlc1, COURT STAFF) (Filed on 10/17/2022)
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| Filing 29 CLERK'S NOTICE: The court has received Defendant's Motion to Dismiss #15 and finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). Accordingly, the 10/13/2022 hearing on the motion is hereby VACATED. The court will issue a written order on the motion. The initial Case Management Conference is CONTINUED to 11/2/2022 at 1:30 p.m. via Zoom webinar. The parties need not file an updated CMC statement in advance of the CMC unless there are material changes to the statement they previously filed; if so, an updated CMC statement is due by 10/26/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to Initial Case Management Conference set for 11/2/2022 01:30 PM in Oakland, - Videoconference Only. (dmrlc1, COURT STAFF) (Filed on 10/11/2022) |
| Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Jessica Prost, Matthew Sinatro. (Bruce, Katherine) (Filed on 10/6/2022) |
| Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reed, Jasmine) (Filed on 10/6/2022) |
| Filing 26 REPLY (re #15 MOTION to Dismiss First Amended Complaint ) filed byBarilla America, Inc.. (Attachments: #1 REPLY IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE)(Reed, Jasmine) (Filed on 9/23/2022) |
| Filing 25 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss First Amended Complaint) filed by Jessica Prost, Matthew Sinatro. (Bruce, Katherine) (Filed on 9/9/2022) Modified on 9/12/2022 (slh, COURT STAFF). |
| Filing 24 OPPOSITION/RESPONSE to Request for Judicial Notice in Support (re #15 MOTION to Dismiss) filed by Jessica Prost, Matthew Sinatro. (Attachments: #1 Declaration of Kelsey J. Elling, #2 Exhibit 1, #3 Exhibit 2)(Elling, Kelsey) (Filed on 9/9/2022) Modified on 9/12/2022 (slh, COURT STAFF). |
| Filing 23 NOTICE by Jessica Prost, Matthew Sinatro re #21 Response ( Non Motion ), #20 Opposition/Response to Motion, of Withdrawal of, and Intent to Re-File, Plaintiffs' Opposition to Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint (Bruce, Katherine) (Filed on 9/7/2022) |
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Filing 22
Order by Magistrate Judge Donna M. Ryu granting in part #19 Motion for Extension of Time to File. Case Management Statement due by 10/6/2022. Initial Case Management Conference continued to 10/13/2022 at 1:00 PM in Oakland, - Videoconference Only. Signed on 9/6/2022.(dmrlc1, COURT STAFF) (Filed on 9/6/2022)
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| Filing 21 RESPONSE in Opposition to Defendant's Request for Judicial Notice in Support of Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint by Jessica Prost, Matthew Sinatro. (Attachments: #1 Declaration of Kelsey J. Elling, #2 Exhibit 1, #3 Exhibit 2)(Elling, Kelsey) (Filed on 9/3/2022) |
| Filing 20 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss NOTICE OF MOTION, MOTION, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO DISMISS FIRST AMENDED COMPLAINT ) filed by Jessica Prost, Matthew Sinatro. (Bruce, Katherine) (Filed on 9/2/2022) Modified on 9/6/2022 (kmg, COURT STAFF). |
| Filing 19 Joint MOTION for Extension of Time to File Pursuant to Stipulation to Modify Briefing Schedule on Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint pursuant to L.R. 6-3 filed by Jessica Prost, Matthew Sinatro. (Attachments: #1 Declaration of Katherine A. Bruce, #2 Proposed Order)(Bruce, Katherine) (Filed on 9/1/2022) |
| Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Matthew Sinatro (Bruce, Katherine) (Filed on 8/31/2022) |
| Filing 17 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff Jessica Prost (Bruce, Katherine) (Filed on 8/31/2022) |
| Filing 16 NOTICE of Appearance by Jasmine Jade-Monee Reed (Reed, Jasmine) (Filed on 8/30/2022) |
| Filing 15 NOTICE OF MOTION, MOTION, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by Barilla America, Inc.. Motion Hearing set for 10/13/2022 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 9/2/2022. Replies due by 9/9/2022. (Attachments: #1 Declaration Erik K. Swanholt, #2 Exhibit A to Erik K. Swanholt, #3 Exhibit B to Erik K. Swanholt, #4 Exhibit C to Erik K. Swanholt, #5 Exhibit D to Erik K. Swanholt, #6 Exhibit E to Erik K. Swanholt, #7 Exhibit F to Erik K. Swanholt, #8 Request for Judicial Notice, #9 Proposed Order Granting Defendant Barilla America, Inc.s Motion to Dismiss Plaintiffs First Amended Complaint, #10 Proposed Order Granting Defendant Barilla America, Inc.s Request for Judicial Notice)(Swanholt, Erik) (Filed on 8/19/2022) |
| Filing 14 CORPORATE DISCLOSURES UNDER LOCAL RULE 3-15 AND FEDERAL RULE OF CIVIL PROCEDURE 7.1 filed by Barilla America, Inc. identifying Other Affiliate Barilla International Limited, Other Affiliate Barilla G. e R. Fratelli S.p.A. for Barilla America, Inc.. (Swanholt, Erik) (Filed on 8/19/2022) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Barilla America, Inc... (Swanholt, Erik) (Filed on 8/19/2022) |
| Filing 12 NOTICE of Appearance by Erik Christian Swanholt (Swanholt, Erik) (Filed on 8/19/2022) |
| Filing 11 First Amended Class Action Complaint; Jury Trial Demanded against Barilla America, Inc.. Filed by Matthew Sinatro, Jessica Prost. (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)(Bruce, Katherine) (Filed on 7/20/2022) |
| Filing 10 STIPULATION to File First Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) and to Extend Time to Respond to Operative Complaint pursuant to Civ. L.R. 6-1 filed by Jessica Prost, Matthew Sinatro. (Bruce, Katherine) (Filed on 7/7/2022) |
| Filing 9 SUMMONS Returned Executed by Matthew Sinatro, Jessica Prost. Barilla America, Inc. served on 6/24/2022, answer due 7/15/2022. (Bruce, Katherine) (Filed on 7/1/2022) |
| Filing 8 Certification of Interested Entities or Persons filed by Matthew Sinatro (Bruce, Katherine) (Filed on 6/24/2022) |
| Filing 7 Certification of Interested Entities or Persons filed by Jessica Prost (Bruce, Katherine) (Filed on 6/24/2022) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jessica Prost, Matthew Sinatro.. (Bruce, Katherine) (Filed on 6/24/2022) |
| Filing 5 Summons Issued as to Barilla America, Inc.. (tn, COURT STAFF) (Filed on 6/13/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 9/14/2022. Initial Case Management Conference set for 9/21/2022 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (tn, COURT STAFF) (Filed on 6/13/2022) |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 6/27/2022. (jlg, COURT STAFF) (Filed on 6/13/2022) |
| Filing 2 Proposed Summons. (Bruce, Katherine) (Filed on 6/11/2022) |
| Filing 1 CLASS ACTION COMPLAINT: 1. Violation of Unfair Competition Law (Cal. Bus. & Prof. Code 17200, et seq.); 2. Violation of False Advertising Law (Cal. Bus. & Prof. Code 17500, et seq.); 3. Violation of Consumers Legal Remedies Act (Cal. Civ. Code 1750, et seq.); 4. Breach of Warranty; 5. Unjust Enrichment, and JURY TRIAL DEMANDED against Barilla America, Inc., (Filing Fee: $402.00, receipt number ACANDC-17256399). Filed by Matthew Sinatro, Jessica Prost. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2-1 to Exhibit 2-34, #4 Exhibit 2-35 to Exhibit 2-54, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7)(Bruce, Katherine) (Filed on 6/11/2022) Modified on 6/13/2022 (tn, COURT STAFF). |
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