Stacia Cullors et al v. Plum, Inc.
| Stacia Cullors, L C, N. C., V. C., Anthony Bacani, D. B., E. B., Jennifer Cullors, A. C. and J. C. |
| Nurture, Inc, Beech-Nut Nutrition Company, Nurture, LLC, Plum Inc. doing business as Plum Organics, Gerber Products Company, Walmart Inc., Sprout Foods Inc. and Does 1 through 20 inclusive |
| 4:2022cv03778 |
| June 27, 2022 |
| US District Court for the Northern District of California |
| Yvonne Gonzalez Rogers |
| Kandis A Westmore |
| Other Fraud |
| 28 U.S.C. § 1446 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.
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Filing 64
ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Judge Vince Chhabria no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 07/29/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 7/29/2022)
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| Remark - All further Papers shall be filed in the Consolidated Action 4:21-cv-00913-YGR. (cjl, COURT STAFF) (Filed on 7/28/2022) |
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Filing 63
ORDER TO RELATE UNDER CIVIL L.R. 7-11 AND TO CONSOLIDATE UNDER FED. R. CIV. P. 42(a). Signed by Judge Yvonne Gonzalez Rogers on 7/28/2022. (amg, COURT STAFF) (Filed on 7/28/2022)
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| Filing 62 NOTICE by Plum Inc. of Related Case Under Civil L.R. 3-12 (Biderman, David) (Filed on 7/27/2022) |
| Filing 61 NOTICE of Appearance by David T. Biderman on behalf of Defendant Plum, PBC (Biderman, David) (Filed on 7/27/2022) |
| Filing 60 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 7/21/2022) |
| Remark re: #52 MINUTES (IN CHAMBERS). Pursuant to the CACD transfer order as to Plum claims only, all non-Plum defendants and their counsel are removed from the assigned CAND case. (ecg, COURT STAFF) (Filed on 7/21/2022) |
| Filing 59 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 8/3/2022. Initial Case Management Conference set for 8/10/2022, 03:00 PM, via Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances:< /b< Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, August 4, 2022.General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-o nly entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/12/2022) |
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Filing 58
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 07/11/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 7/11/2022)
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| Filing 57 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. (wft, COURT STAFF) (Filed on 7/8/2022) |
| Filing 56 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by D. B., E. B., Anthony Bacani, L C, A. C., J. C., N. C., V. C., Jennifer Cullors, Stacia Cullors.. (Nouri, Nilofar) (Filed on 7/8/2022) |
| Filing 55 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendants 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. Consent/Declination due by 7/12/2022. (wft, COURT STAFF) (Filed on 6/28/2022) |
| Filing 54 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/20/2022. Initial Case Management Conference set for 9/27/2022 1:30 PM in Oakland, - To be determined. (jlg, COURT STAFF) (Filed on 6/27/2022) |
| Filing 53 Case transferred in from District of California Central; Case Number 2:22-cv-02324. Original file certified copy of transfer order and docket sheet received. |
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Filing 52
MINUTES (IN CHAMBERS) Order Re: Defendant Beech-Nut's Motion to Sever and Transfer Venue #17 ; Certain Defendants' Motion to Sever and Transfer Claims #21 by Judge R. Gary Klausner. For the foregoing reasons, the Court GRANTS Defendants' Motions to Sever and Transfer Claims, and ORDERS as follows: The claims against Beech-Nut are transferred to the Northern District of New York; The claims against Plum are transferred to the Northern District of of California; The claims against Nurture are transferred to the Southern District of New York; The claims against Gerber are transferred to the Eastern District of Virginia; The claims against Sprout are transferred to the District of New Jersey; and The claims against Walmart are transferred to the Eastern District of Arkansas. Pending the transfer of claims to the appropriate district, all other matters in this action are vacated and the Clerk shall close this case. (lom)
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| Filing 51 REQUEST TO SUBSTITUTE ATTORNEY Livia M. Kiser in place of attorney Christopher W. Keegan filed by Defendant Walmart, Inc.. (Attachments: #1 Proposed Order) (Attorney Livia M Kiser added to party Walmart, Inc.(pty:dft)) (Kiser, Livia) |
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Filing 50
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendant Gerber, Nurture, Plum, Walmart and Sprout's Motion to Sever and Transfer Claims #21 , calendared for hearing on 6/21/2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 49
ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS SECOND AMENDED COMPLAINT #45 by Judge R. Gary Klausner Good cause having been shown, the Court hereby APPROVES the parties' Stipulation to Extend Defendants' Time to Respond to Plaintiffs' Second Amended Complaint Until Rulings on Motions to Sever and Transfer. Defendants shall answer or otherwise respond to the Second Amended Complaint no later than thirty (30) days after the Court rules on Defendants' respective motions to sever and transfer. (jp)
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| Filing 48 CORPORATE DISCLOSURE STATEMENT / Certification of Interested Entities or Persons filed by Defendant Plum, Inc. (Borders, Keri) |
| Filing 47 Notice of Appearance or Withdrawal of Counsel: for attorney Keri E Borders counsel for Defendant Plum, Inc.. Adding Keri E. Borders as counsel of record for Plum, Inc. d.b.a. Plum Organics for the reason indicated in the G-123 Notice. Filed by Defendant Plum, Inc. d.b.a Plum Organics. (Attorney Keri E Borders added to party Plum, Inc.(pty:dft))(Borders, Keri) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Dale J. Giali counsel for Defendant Plum, Inc.. Adding Dale J. Giali as counsel of record for Plum, Inc. d.b.a. Plum Organics for the reason indicated in the G-123 Notice. Filed by Defendant Plum, Inc. d.b.a. Plum Organics. (Attorney Dale J. Giali added to party Plum, Inc.(pty:dft))(Giali, Dale) |
| Filing 45 STIPULATION for Extension of Time to File Response to Plaintiffs' Second Amended Complaint Until Rulings On Motions to Sever and Transfer filed by Defendant Sprout Foods, Inc.. (Attachments: #1 Proposed Order Extending Defendants' Time to Respond to Plaintiffs' Second Amended Complaint)(Mansuryan, Rita) |
| Filing 44 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Sever Claims of plaintiffs against each defendant from each other #21 and Transfer Claims filed by Defendant Gerber Products Company. (Merryman, Bryan) |
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Filing 41
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Defendant Beech-Nut Nutrition Company's MOTION to Sever Plaintiffs' Claims Against Beech-Nut Nutrition Company and Transfer Plaintiffs' Claims Against Beech-Nut Nutrition Company to the Northern District of New York #17 , calendared for hearing on 6/6/2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 43
ORDER EXTENDING DEFENDANT BEECH-NUT NUTRITION COMPANY'S TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT #39 by Judge R. Gary Klausner that Beech-Nut Nutrition Company's deadline to answer or otherwise respond to Plaintiffs' Second Amended Complaint is 6/21/2022. (jp)
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Filing 42
ORDER EXTENDING DEFENDANT GERBER PRODUCTS COMPANY'S TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT #39 by Judge R. Gary Klausner that Gerber Products Company's deadline to answer or otherwise respond to Plaintiffs' Second Amended Complaint is 6/21/2022. (jp)
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| Filing 40 NOTICE of Appearance filed by attorney Shannon E. Dudic on behalf of Defendant Nurture, Inc. (Attorney Shannon E. Dudic added to party Nurture, Inc.(pty:dft))(Dudic, Shannon) |
| Filing 39 STIPULATION Extending Time to Answer the complaint as to re Amended Complaint/Petition, #13 filed by Defendants Beech-Nut Nutrition Company. (Attachments: #1 Proposed Order)(Kiser, Livia) |
| Filing 38 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Sever Claims of plaintiffs against each defendant from each other #21 filed by Plaintiffs D. B., E. B., Anthony Bacani, A. C., J. C., L. C., N. C., V. C., Jennifer Cullors, Stacia Cullors. (Attachments: #1 Proposed Order)(Nouri, Nilofar) |
| Filing 37 STIPULATION for Extension of Time to File Answer to 06/21/2022 re Amended Complaint/Petition, #13 filed by Defendant Gerber Products Company. (Attachments: #1 Proposed Order)(Merryman, Bryan) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT Defendant Sprout Foods, Inc.s F.R.C.P. 7-1 And L.R. 7.1-1 Disclosure Statement And Notice Of Interested Parties filed by Defendant Sprout Foods, Inc. identifying Neptune Growth Ventures, Inc. as Corporate Parent. (Mansuryan, Rita) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Rita Mansuryan counsel for Defendant Sprout Foods, Inc.. Adding Rita Mansuryan as counsel of record for Defendant Sprout Foods, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Sprout Foods, Inc.. (Attorney Rita Mansuryan added to party Sprout Foods, Inc.(pty:dft))(Mansuryan, Rita) |
| Filing 34 NOTICE OF LODGING filed First Amended Complaint (FAC) re Complaint - (Discovery), (Nouri, Nilofar) |
| Filing 33 REPLY In Support NOTICE OF MOTION AND MOTION to Sever Plaintiffs' Claims Against Beech-Nut Nutrition Company and Transfer Plaintiffs' Claims Against Beech-Nut Nutrition Company to the Northern District of New York #17 filed by Defendant Beech-Nut Nutrition Company. (Kiser, Livia) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT filed by Defendant Nurture, Inc. identifying Danone S.A. as Corporate Parent. (Agrusa, Angela) |
| Filing 31 NOTICE of Appearance filed by attorney Angela Christine Agrusa on behalf of Defendant Nurture, Inc. (Attorney Angela Christine Agrusa added to party Nurture, Inc.(pty:dft))(Agrusa, Angela) |
| Filing 30 WAIVER OF SERVICE Returned Executed filed by PLAINTIFFS E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. upon Beech-Nut Nutrition Company waiver sent by Plaintiff on 4/22/2022, answer due 6/21/2022. Waiver of Service signed by Peter Hsiao. (Nouri, Nilofar) |
| Filing 29 WAIVER OF SERVICE Returned Executed filed by PLAINTIFFS E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. upon Sprout Foods, Inc. waiver sent by Plaintiff on 4/21/2022, answer due 6/21/2022. Waiver of Service signed by Sarah Brew. (Nouri, Nilofar) |
| Filing 28 WAIVER OF SERVICE Returned Executed filed by PLAINTIFFS E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. upon Gerber Products Company waiver sent by Plaintiff on 4/20/2022, answer due 6/21/2022. Waiver of Service signed by Bryan A. Merryman. (Nouri, Nilofar) |
| Filing 27 WAIVER OF SERVICE Returned Executed filed by PLAINTIFFS E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. upon Walmart, Inc. waiver sent by Plaintiff on 4/19/2022, answer due 6/21/2022. Waiver of Service signed by Christopher W. Keegan. (Nouri, Nilofar) |
| Filing 26 WAIVER OF SERVICE Returned Executed filed by Plaintiffs E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. upon Nurture, Inc. waiver sent by Plaintiff on 4/18/2022, answer due 6/17/2022. Waiver of Service signed by Colleen Carey Gulliver. (Nouri, Nilofar) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Shayne Hunter Henry counsel for Defendant Walmart, Inc.. Adding Shayne Henry as counsel of record for Defendant Walmart Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Walmart Inc.. (Attorney Shayne Hunter Henry added to party Walmart, Inc.(pty:dft))(Henry, Shayne) |
| Filing 24 CERTIFICATE of Interested Parties filed by Defendant Walmart, Inc., identifying Stacia Cullors, L.P., a minor, N.B., a minor, V.B., a minor, Anthony Bacani, D.B., a minor, E.B., a minor, Jennifer Cullors, A.C., a minor, J.C., a minor, Beech-Nut Nutrition Company, Nurture, Inc., Plum, Inc. d.b.a. Plum Organics, Gerber Products Company, Walmart Inc., Sprout Foods, Inc.. (Keegan, Christopher) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. Civ. P. 7.1 filed by Defendant Walmart, Inc. (Keegan, Christopher) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher William Keegan counsel for Defendant Walmart, Inc.. Adding Christopher Keegan as counsel of record for Defendant Walmart Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Walmart Inc.. (Attorney Christopher William Keegan added to party Walmart, Inc.(pty:dft))(Keegan, Christopher) |
| Filing 21 NOTICE OF MOTION AND MOTION to Sever Claims of plaintiffs against each defendant from each other filed by Defendant Gerber Products Company. Motion set for hearing on 6/21/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Attachment A - List of Consolidated Cases, #2 Proposed Order) (Merryman, Bryan) |
| Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Sever Plaintiffs' Claims Against Beech-Nut Nutrition Company and Transfer Plaintiffs' Claims Against Beech-Nut Nutrition Company to the Northern District of New York #17 filed by Plaintiffs D. B., E. B., Anthony Bacani, A. C., J. C., L. C., N. C., V. C., Jennifer Cullors, Stacia Cullors. (Attachments: #1 Proposed Order)(Nouri, Nilofar) |
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Filing 19
ORDER by Judge R. Gary Klausner re MEMORANDUM in Opposition to Motion, #18 . The is STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Other error(s) with document(s): Memorandum exceeds page limitation imposed by this Court's Standing Order #10 . (jre)
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| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Sever Plaintiffs' Claims Against Beech-Nut Nutrition Company and Transfer Plaintiffs' Claims Against Beech-Nut Nutrition Company to the Northern District of New York #17 filed by Plaintiffs D. B., E. B., Anthony Bacani, A. C., J. C., L. C., N. C., V. C., Jennifer Cullors, Stacia Cullors. (Attachments: #1 Proposed Order)(Nouri, Nilofar) |
| Filing 17 NOTICE OF MOTION AND MOTION to Sever Plaintiffs' Claims Against Beech-Nut Nutrition Company and Transfer Plaintiffs' Claims Against Beech-Nut Nutrition Company to the Northern District of New York filed by Defendant Beech-Nut Nutrition Company. Motion set for hearing on 6/6/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Declaration of L. Kiser, #2 Exhibit A. Thomas Complaint, #3 Proposed Order) (Kiser, Livia) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Livia M Kiser counsel for Defendant Beech-Nut Nutrition Company. Adding Livia M. Kiser as counsel of record for Beech-Nut Nutrition Company for the reason indicated in the G-123 Notice. Filed by Defendant Beech-Nut Nutrition Company. (Attorney Livia M Kiser added to party Beech-Nut Nutrition Company(pty:dft))(Kiser, Livia) |
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Filing 15
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge James V. Selna, for the reasons set forth on this order. Related Case No. 2:21-cv-01457 JVS(PDx) (rn)
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| Filing 14 OPPOSITION filed by Plaintiffs D. B., E. B., Anthony Bacani, A. C., J. C., L. C., N. C., V. C., Jennifer Cullors, Stacia Cullors. (Attachments: #1 Proposed Order)(Nouri, Nilofar) |
| Filing 13 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiffs E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B")(Nouri, Nilofar) |
| Filing 12 PROOF OF SERVICE filed by Gerber Products Company Gerber Products Company, served on 4/11/2022. (Merryman, Bryan) |
| Filing 11 NOTICE of Related Case(s) filed by Defendant Gerber Products Company. Related Case(s): 2:21-cv-01457 (Attachments: #1 Exhibit A - Robbins Complaint, #2 Exhibit B - Court Order Dated 6-16-21)(Merryman, Bryan) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre)
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| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: It appears the name of an individual known to be a minor is contained in documents filed with the Court. Fed R Civ P 5.2(a) requires that a minor's initials (as opposed to a minor's spell-out name) be used on documents filed with this Court, unless the Court orders otherwise. You are not required to take any action in response to this notice unless the Court so directs. (ghap) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Charles F. Eick. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Beech-Nut Nutrition Company, Does 1 through 20 inclusive, Gerber Products Company, Nurture, Inc., Plum, Inc., Sprout Foods, Inc., Walmart, Inc. Jury Demanded., filed by plaintiffs E. B., L. C., Stacia Cullors, D. B., N. C., A. C., Jennifer Cullors, V. C., J. C., Anthony Bacani. (FILED IN STATE COURT ON 2/25/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 5 NOTICE to Adverse Parties of Removal of Action to Federal Court filed by Defendant Gerber Products Company. (Merryman, Bryan) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant Gerber Products Company identifying Nestle Holdings, Inc. as Corporate Parent. (Merryman, Bryan) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Gerber Products Company, identifying N/A. (Merryman, Bryan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Gerber Products Company. (Merryman, Bryan) |
| Filing 1 NOTICE OF REMOVAL Receipt No: BCACDC-33087178 - Fee: $402, filed by Defendant Gerber Products Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Bryan A. Merryman added to party Gerber Products Company(pty:dft))(Merryman, Bryan) |
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