Jackie Fitzhenry-Russell et al v. Keurig Dr Pepper Inc., et al
Fitzhenry-Russell, Jackie Fitzhenry-Russell, Natasha Safaradi, Patrick Gilburt, Robin Dale, Arash Hashemi and Gegham Margaryan |
Dr Pepper Snapple Group, Inc, Keurig Dr Pepper Inc., Dr Pepper/Seven Up, Inc. and Canada Dry Mott's Inc. |
Givaudan Flavors Corporation and Third Party Vendor |
5:2017cv00564 |
February 3, 2017 |
US District Court for the Northern District of California |
San Jose Office |
Santa Cruz |
Nathanael M Cousins |
Other Fraud |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
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Filing 352 Declaration of Joseph Mahan Providing Post-Distribution Accounting filed byJackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Matthew) (Filed on 7/19/2019) |
Filing 351 JUDGMENT AND PERMANENT INJUNCTION. ***Civil Case Terminated. Signed by Judge Nathanael Cousins on 4/10/2019. (lmh, COURT STAFF) (Filed on 4/10/2019) |
Filing 350 ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Nathanael Cousins on 4/10/2019. (lmh, COURT STAFF) (Filed on 4/10/2019) |
Filing 349 PDF with attached Audio File. Court Date & Time [ 4/10/2019 2:20:35 PM ]. File Size [ 9032 KB ]. Run Time [ 00:18:49 ]. (courtspeak). |
Filing 348 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Final Approval Hearing held on 4/10/2019: Court to issue order. Attorneys for Plaintiffs: Adam Gutride, Seth Safier. Attorneys for Defendants: Van Beckwith, Jonathan Shapiro, Monica Smith. FTR Time: 2:20pm - 2:39pm. Time in Court: 19 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 4/10/2019) |
Filing 347 EXHIBITS re #346 Notice (Other) EXHIBIT A TO NOTICE OF FINAL APPROVAL OF OUT-OF-JURISDICTION SETTLEMENT filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Related document(s) #346 ) (Beckwith, Van) (Filed on 4/8/2019) |
Filing 346 NOTICE by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. OF FINAL APPROVAL OF OUT-OF-JURISDICTION SETTLEMENT (Beckwith, Van) (Filed on 4/8/2019) |
Filing 345 Supplemental Brief PLAINTIFFS REPLY IN SUPPORT OF MOTION TO APPROVE CLASS ACTION SETTLEMENT filed byJackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Finegan, #2 Declaration Gutride, #3 Declaration McCrary)(McCrary, Matthew) (Filed on 3/27/2019) |
Filing 344 Letter from David Greenstein. (sfbS, COURT STAFF) (Filed on 3/25/2019) (Additional attachment(s) added on 4/15/2019: #1 Envelope) (sfbS, COURT STAFF). |
Filing 343 ORDER GRANTING APPLICATION for Admission of Attorney Cailyn Reilly Knapp Pro Hac Vice representing Defendants KDP AND DPSU #342 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/14/2019) |
Filing 342 MOTION for leave to appear in Pro Hac Vice for Cailyn Reilly Knapp ( Filing fee $ 310, receipt number 0971-13172982.) filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Reilly Knapp, Cailyn) (Filed on 3/14/2019) |
Filing 341 ORDER ON ADMINISTRATIVE MOTION to Seal Portions of the Transcript of Proceedings Held January 9, 2019 #340 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/15/2019) |
Filing 340 Administrative Motion to File Under Seal Portions of the Transcript of Proceedings Held January 9, 2019 filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Transcript, #4 Unredacted Version of Transcript, #5 Certificate/Proof of Service)(Smith, Monica) (Filed on 2/7/2019) |
Filing 339 NOTICE of Intent to Request Redaction of Transcript by Monica Hughes Smith (Smith, Monica) (Filed on 1/24/2019) |
Filing 338 Transcript of Proceedings held on January 9, 2019, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #337 Transcript Order, #336 Transcript Order, ) Redaction Request due 2/7/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/17/2019. (Related documents(s) #337 , #336 ) (Columbini, Joan) (Filed on 1/17/2019) |
Filing 337 TRANSCRIPT ORDER for proceedings held on 01/09/2019 before Judge Nathanael M. Cousins by Jackie Fitzhenry-Russell, for Court Reporter FTR - San Jose. (McCrary, Marie) (Filed on 1/14/2019) (TRANSCRIBER: JOAN COLUMBINI) Modified on 1/14/2019 (lmh, COURT STAFF). |
Filing 336 TRANSCRIPT ORDER for proceedings held on 1/09/19 before Judge Nathanael M. Cousins by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc., for Court Reporter FTR - San Jose. (Shapiro, Jonathan) (Filed on 1/11/2019) (TRANSCRIBER: JOAN COLUMBINI) Modified on 1/14/2019 (lmh, COURT STAFF). |
Filing 335 ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND SETTING FINAL APPROVAL HEARING. Re: Dkt. No. #327 . All further proceedings and deadlines in this action are hereby stayed except for those required to effectuate the Settlement Agreement and this Order. Final Approval Hearing set for 4/10/2019 02:00 PM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins. (lmhS, COURT STAFF) (Filed on 1/10/2019) |
Filing 334 STIPULATION re #325 Notice (Other) STIPULATION TO AMEND EXHIBIT B2 TO SETTLEMENT AGREEMENT filed by Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 1/9/2019) |
Filing 333 PDF with attached Audio File. Court Date & Time [ 1/9/2019 1:14:40 PM ]. File Size [ 21840 KB ]. Run Time [ 00:45:30 ]. (courtspeak). |
Filing 332 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re: Plaintiffs' Motion for Approval of Settlement #327 - held on 1/9/2019: Plaintiffs to submit document with amendment (stipulation preferred) as stated on the record; Court to issue order granting preliminary approval of settlement. Attorneys for Plaintiffs: Adam Gutride, Daralyn Durie, Seth Safier, Adam Brausa. Attorneys for Defendants: Van Beckwith, Jonathan Shapiro. FTR Time: 1:14pm - 2:00pm (Time in Court: 46 minutes). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 1/9/2019) |
Filing 331 ERRATA re #327 MOTION for Settlement Plaintiffs' Motion for Approval of Settlement by Jackie Fitzhenry-Russell. (Gutride, Adam) (Filed on 1/8/2019) |
Filing 330 ERRATA re #325 Notice (Other) by Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 1/7/2019) |
Filing 329 CLERK'S NOTICE VACATING DATES for Jury Trial pursuant to Plaintiffs' Motion for Approval of Settlement #327 set for January 9, 2019 at 01:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/7/2019) |
Filing 328 Order granting #326 Stipulation entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 327 MOTION for Settlement Plaintiffs' Motion for Approval of Settlement filed by Jackie Fitzhenry-Russell, Gegham Margaryan. Motion Hearing set for 1/9/2019 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 1/18/2019. Replies due by 1/25/2019. (Attachments: #1 Declaration Gutride, #2 Declaration Margarian, #3 Declaration Durie, #4 Declaration DeBenedictis, #5 Declaration Finnegan, #6 Declaration Meyer, #7 Proposed Order [Plaintiffs Unopposed Proposed] Order Granting Preliminary Approval of Class Action Settlement, #8 Proposed Order Proposed] Order Granting Final Approval of Class Action Settlement)(McCrary, Marie) (Filed on 1/4/2019) |
Filing 326 STIPULATION WITH PROPOSED ORDER for Additional Pages for Preliminary Approval Motion filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Matthew) (Filed on 1/4/2019) |
Filing 325 NOTICE by Jackie Fitzhenry-Russell, Gegham Margaryan of Class Action Settlement Agreement (McCrary, Matthew) (Filed on 1/4/2019) |
Filing 324 ORDER GRANTING Administrative Motion to File Under Seal Portions of the Transcript of Oral Argument on Defendants' Motion for Summary Judgment and Motion to Strike #276 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/4/2019) |
Filing 323 PRELIMINARY JURY INSTRUCTIONS. Signed by Judge Nathanael Cousins on 1/2/2019. (lmh, COURT STAFF) (Filed on 1/2/2019) |
Filing 322 ORDER TO FURNISH DAILY REFRESHMENTS FOR JURY TRIAL. Signed by Judge Nathanael Cousins on 1/2/2019. (lmh, COURT STAFF) (Filed on 1/2/2019) |
Filing 321 RESPONSE to re #320 Order, RE: DEFENDANTS' NOTICE OF OUT-OF-COURT SETTLEMENT by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beckwith, Van) (Filed on 12/27/2018) |
Filing 320 ORDER RE: DEFENDANTS' NOTICE OF OUT-OF-COURT SETTLEMENT. Re: Dkt. No. #319 . The Court ORDERS Defendants to file a copy of the proposed settlement in George, et al. v. Keurig Dr. Pepper Inc., et al., No. 1822-CC11811 (Neill, J.) by 12/28/2018. Signed by Judge Nathanael Cousins on 12/21/2018. (lmh, COURT STAFF) (Filed on 12/21/2018) |
Filing 319 NOTICE by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. Out-of-Jurisdiction Settlement (Beckwith, Van) (Filed on 12/19/2018) |
Filing 318 TRANSCRIPT ORDER for Future Trial with Daily Transcripts by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Beckwith, Van) (Filed on 12/18/2018) |
Filing 317 Transcript of Proceedings held on December 5, 2018, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (312 in 5:17-cv-00564-NC) Transcript Order, (314 in 5:17-cv-00564-NC) Transcript Order, ) Redaction Request due 1/7/2019. Redacted Transcript Deadline set for 1/17/2019. Release of Transcript Restriction set for 3/18/2019. (Columbini, Joan) (Filed on 12/17/2018) |
Filing 316 Order granting #315 Stipulation entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 315 STIPULATION WITH PROPOSED ORDER re #271 Order, #273 Order on Stipulation Regarding Trial Schedule filed by Jackie Fitzhenry-Russell. (Gutride, Adam) (Filed on 12/12/2018) |
Filing 314 TRANSCRIPT ORDER for proceedings held on 12/05/2018 before Judge Nathanael M. Cousins by Jackie Fitzhenry-Russell, for Court Reporter FTR - San Jose. (McCrary, Marie) (Filed on 12/12/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 12/12/2018 (lmh, COURT STAFF). |
Filing 313 ORDER RE: MOTIONS IN LIMINE. Re: Dkt. Nos. #295 , #297 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/10/2018) |
Filing 312 TRANSCRIPT ORDER for proceedings held on 12/05/2018 before Judge Nathanael M. Cousins by Keurig Dr Pepper Inc., for Court Reporter FTR - San Jose. (Shapiro, Jonathan) (Filed on 12/7/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 12/10/2018 (lmh, COURT STAFF). |
Filing 311 PDF with attached Audio File. Court Date & Time [ 12/5/2018 4:08:11 PM ]. File Size [ 13832 KB ]. Run Time [ 00:28:49 ]. (courtspeak). |
Filing 310 PDF with attached Audio File. Court Date & Time [ 12/5/2018 2:47:02 PM ]. File Size [ 34304 KB ]. Run Time [ 01:11:28 ]. (courtspeak). |
Filing 309 ORDER GRANTING STIPULATION Regarding Exclusion of Evidence #296 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/7/2018) |
Filing 308 ORDER APPOINTING DURIE TANGRI LLP AS ADDITIONAL CLASS COUNSEL #284 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/5/2018) |
Filing 307 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Pretrial Conference held on 12/5/2018: Motions in limine #295 , #297 are submitted and taken under submission; Court to issue order. Attorneys for Plaintiffs: Adam Gutride, Daralyn Durie, Seth Safier, Adam Brausa. Attorneys for Defendants: Van Beckwith, Jonathan Shapiro, Monica Smith. (FTR Time: 2:47pm-3:58pm/4:08pm-4:37pm.) Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 12/5/2018) |
Filing 306 Exhibit List Plaintiffs Amended Trial Exhibit List by Jackie Fitzhenry-Russell, Gegham Margaryan.. (McCrary, Marie) (Filed on 12/4/2018) |
Filing 305 Exhibit List (First Amended) by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc... (Attachments: #1 Exhibit List)(Beckwith, Van) (Filed on 12/3/2018) |
Filing 304 Pretrial Conference Statement by Jackie Fitzhenry-Russell, Gegham Margaryan FURTHER JOINT STATEMENT REGARDING CONDUCT OF TRIAL. (McCrary, Marie) (Filed on 12/3/2018) |
Filing 303 OPPOSITION/RESPONSE (re #295 MOTION in Limine ) filed byJackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Matthew) (Filed on 11/30/2018) |
Filing 302 ORDER GRANTING JOINT STIPULATION to Further Amend Pretrial Preparation Order #300 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/30/2018) |
Filing 301 ORDER GRANTING JOINT ADMINISTRATIVE MOTION to Bring Certain Presentation Equipment into the Courtroom for Trial #298 . Signed by Judge Nathanael Cousins on 11/30/2018. (lmh, COURT STAFF) (Filed on 11/30/2018) |
Filing 300 STIPULATION WITH PROPOSED ORDER re #273 Order on Stipulation JOINT STIPULATION TO FURTHER AMEND PRETRIAL PREPARATION ORDER; [PROPOSED] ORDER filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 11/30/2018) |
Filing 299 OPPOSITION/RESPONSE (re #297 MOTION in Limine ) filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Beckwith, Van) (Filed on 11/30/2018) |
Filing 298 Pretrial Conference Statement by Jackie Fitzhenry-Russell JOINT ADMINISTRATIVE MOTION TO BRING CERTAIN PRESENTATION EQUIPMENT INTO THE COURTROOM FOR TRIAL. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO BRING CERTAIN PRESENTATION EQUIPMENT INTO THE COURTROOM FOR TRIAL)(McCrary, Marie) (Filed on 11/30/2018) |
Filing 297 MOTION in Limine filed by Jackie Fitzhenry-Russell, Gegham Margaryan. Motion Hearing set for 12/5/2018 02:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 11/30/2018. (Attachments: #1 Exhibit 1 (Simonson Dep.), #2 Exhibit 2 (Ugone Dep.), #3 Proposed Order)(McCrary, Matthew) (Filed on 11/27/2018) |
Filing 296 STIPULATION WITH PROPOSED ORDER Regarding Exclusion of Evidence filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Shapiro, Jonathan) (Filed on 11/27/2018) |
Filing 295 MOTION in Limine filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. Motion Hearing set for 12/5/2018 02:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 11/30/2018. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order)(Beckwith, Van) (Filed on 11/27/2018) |
Filing 294 ORDER GRANTING STIPULATION to Further Amend Deadline For Joint Submission of Jury Instructions and Verdict Form #290 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/27/2018) |
Filing 293 CLERK'S NOTICE SETTING HEARING RE: Motion and Amended Motion to Appoint Counsel Durie Tangri LLP as Additional Counsel #277 , #284 and Stipulation regarding Conduct of Trial #286 . Motions set for hearing at the Pretrial Conference on 12/5/2018 at 02:00 PM in Courtroom 7, 4th Floor, San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/27/2018) |
Filing 292 REPLY (re #284 Amended MOTION to Appoint Counsel DURIE TANGRI LLP ) CORRECTION OF DOCKET # 291 filed byJackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 11/27/2018) |
Filing 291 REPLY (re #284 Amended MOTION to Appoint Counsel DURIE TANGRI LLP ) *Locked at Request Due to Confidential Information* filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 11/27/2018) Modified on 11/28/2018 (sfbS, COURT STAFF). |
Filing 290 STIPULATION WITH PROPOSED ORDER re #273 Order on Stipulation to Amend Deadline For Joint Submission of Jury Instructions and Verdict Form filed by Jackie Fitzhenry-Russell. (Gutride, Adam) (Filed on 11/21/2018) |
Filing 289 Pretrial Conference Statement by Jackie Fitzhenry-Russell, Gegham Margaryan Index for Joint Pretrial Readiness Binder. (McCrary, Marie) (Filed on 11/21/2018) |
Filing 288 Proposed Voir Dire by Jackie Fitzhenry-Russell, Gegham Margaryan and Questionnaire. (Attachments: #1 Juror Questionare)(McCrary, Marie) (Filed on 11/21/2018) |
Filing 287 OPPOSITION/RESPONSE (re #284 Amended MOTION to Appoint Counsel DURIE TANGRI LLP ) filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Shapiro, Jonathan) (Filed on 11/21/2018) |
Filing 286 STIPULATION WITH PROPOSED ORDER JOINT STATEMENT REGARDING CONDUCT OF TRIAL INCLUDING: (1) STIPULATIONS OF COUNSEL AND (2) POSITIONS ON ISSUES ON WHICH THE PARTIES SEEK FURTHER GUIDANCE OF THE COURT AND [PROPOSED] ORDER RE CONDUCT OF TRIAL filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 11/21/2018) |
Filing 285 Witness List by Jackie Fitzhenry-Russell, Gegham Margaryan . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McCrary, Marie) (Filed on 11/21/2018) |
Filing 284 Amended MOTION to Appoint Counsel DURIE TANGRI LLP filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Affidavit Gutride, #2 Affidavit Durie, #3 Proposed Order)(McCrary, Marie) (Filed on 11/21/2018) |
Filing 283 Exhibit List by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc... (Attachments: #1 Exhibit List)(Beckwith, Van) (Filed on 11/21/2018) |
Filing 282 Exhibit List by Jackie Fitzhenry-Russell, Gegham Margaryan.. (Attachments: #1 Exhibit)(McCrary, Marie) (Filed on 11/21/2018) |
Filing 281 NOTICE by Jackie Fitzhenry-Russell, Gegham Margaryan PLAINTIFFS' DISCOVERY DESIGNATIONS FOR TRIAL (McCrary, Marie) (Filed on 11/21/2018) |
Filing 280 Proposed Order Regarding the Parties' Joint Discovery Designations for Trial by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Beckwith, Van) (Filed on 11/20/2018) |
Filing 279 NOTICE by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. Defendants' Discovery Designations for Trial (Beckwith, Van) (Filed on 11/20/2018) |
Filing 278 Witness List by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Beckwith, Van) (Filed on 11/20/2018) |
Filing 277 MOTION to Appoint Counsel Motion to Appoint Durie Tangri LLP as Additional Counsel for the Class, for Purposes of Trial filed by Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit Declaration of Adam Gutride, #2 Exhibit Declaration of Daralyn Durie, #3 Proposed Order Proposed Order)(McCrary, Marie) (Filed on 11/20/2018) |
Filing 276 Administrative Motion to File Under Seal Portions of the Transcript of Oral Argument on Defendants' Motion for Summary Judgment and Motion to Strike filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica H. Smith, #2 Proposed Order, #3 REDACTED version of Transcript, #4 UNREDACTED version of Transcript, #5 Certificate/Proof of Service)(Smith, Monica) (Filed on 11/20/2018) |
Filing 275 NOTICE of Appearance by Adam Robert Brausa (Brausa, Adam) (Filed on 11/20/2018) |
Filing 274 NOTICE of Appearance by Daralyn J. Durie (Durie, Daralyn) (Filed on 11/20/2018) |
Filing 273 ORDER AMENDING PRETRIAL PREPARATION ORDER #272 . Jury Trial will begin January 9, 2019, at 9:00 AM in Courtroom 5, 4th Floor, San Jose. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/19/2018) |
Filing 272 STIPULATION WITH PROPOSED ORDER re #271 Order JOINT REPORT IN RESPONSE TO COURTS PRETRIAL PREPARATION ORDER AND STIPULATION TO AMEND SAME filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Proposed Order)(McCrary, Marie) (Filed on 11/18/2018) |
Filing 271 PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 11/16/2018. (lmhS, COURT STAFF) (Filed on 11/16/2018) |
Filing 270 REDACTION to #247 Objection, Excerpts of Hottenstein Transcript (redacted pursuant to court order) by Jackie Fitzhenry-Russell. (McCrary, Marie) (Filed on 11/9/2018) |
Filing 269 REDACTION to #235 Opposition/Response to Motion Opposition to Defendants' Motion to Exclude Testimony (redacted pursuant to court order) by Jackie Fitzhenry-Russell. (McCrary, Marie) (Filed on 11/9/2018) |
Filing 268 REDACTION to #237 Opposition/Response to Motion,,,, Opposition to Defendant's Motion for Summary Judgment (redacted pursuant to court order) by Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit Exhibit 1 (partially redacted), #2 Exhibit Exhibit 7 (partially redacted), #3 Exhibit Exhibit 24 (partially redacted), #4 Exhibit Exhibit 28 (partially redacted), #5 Exhibit Exhibit 29 (partially redacted), #6 Exhibit Exhibit 33 (partially redacted))(McCrary, Marie) (Filed on 11/9/2018) |
Filing 267 REDACTION of #226 & #227 Motion for Summary Judgment (Redacted Pursuant to Court Order) by Keurig Dr Pepper Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29)(Beckwith, Van) (Filed on 11/9/2018) |
Filing 266 REDACTION to #225 Motion to Strike the Testimony of Plaintiffs' Experts (Redacted Pursuant to Court Order) by Keurig Dr Pepper Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Beckwith, Van) (Filed on 11/9/2018) |
Filing 265 ORDER GRANTING DEFENDANTS' MOTION FOR RECONSIDERATION. Re: Dkt. No. #264 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/7/2018) |
Filing 264 Emergency MOTION for Leave to File Motion for Reconsideration of Court's Order Granting in Part and Denying in Part Motions to Seal filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Exhibit 1 - Redacted Version of Norris Declaration, #2 Proposed Order)(Smith, Monica) (Filed on 11/7/2018) |
Filing 263 NOTICE of Intent to Request Redaction of Transcript by Monica Hughes Smith (Smith, Monica) (Filed on 11/6/2018) |
Filing 262 NOTICE by Jackie Fitzhenry-Russell, Gegham Margaryan DECLARATION OF CAMERON AZARI, ESQ., ON IMPLEMENTATION OF NOTICE PLAN (Attachments: #1 Attachment 1-9)(McCrary, Marie) (Filed on 11/3/2018) |
Filing 261 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO SEAL. Re: Dkt. Nos. #224 , #226 , #228 , #234 , #236 , #242 , #243 , #246 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/2/2018) |
Filing 260 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE EXPERT TESTIMONY. Re: Dkt. No. #225 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/2/2018) |
Filing 259 Transcript of Proceedings held on October 17, 2018, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #258 Transcript Order, ) Redaction Request due 11/20/2018. Redacted Transcript Deadline set for 11/30/2018. Release of Transcript Restriction set for 1/28/2019. (Related documents(s) #258 ) (Columbini, Joan) (Filed on 10/30/2018) |
Filing 258 TRANSCRIPT ORDER for proceedings held on 10/17/2018 before Judge Nathanael M. Cousins by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc., for Court Reporter FTR - San Jose. (Smith, Monica) (Filed on 10/18/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 10/18/2018 (lmh, COURT STAFF). |
Filing 257 PDF with attached Audio File. Court Date & Time [ 10/17/2018 1:17:21 PM ]. File Size [ 10008 KB ]. Run Time [ 00:20:51 ]. (courtspeak). |
Filing 256 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Motion Hearing held on 10/17/2018: Defendants' Discovery Letter Brief #252 - Denied; Defendants' Motions for Summary Judgment #225 , and to Strike #226 - Court takes motions under submission; Stipulation to Change Date of Pretrial Conference #255 - Granted; Pretrial Conference set for 12/5/2018 at 2:00 PM. Attorneys for Plaintiffs: Adam Gutride, Seth Safier. Attorneys for Defendants: Jonathan Shapiro, Monica Smith. FTR Time: 1:17pm - 1:38pm. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 10/17/2018) |
Filing 255 STIPULATION WITH PROPOSED ORDER re #80 Case Management Scheduling Order,, STIPULATION AND [PROPOSED] ORDER TO CHANGE THE DATE FOR THE FINAL PRETRIAL CONFERENCE PURSUANT TO CIVIL LOCAL RULES 6-2 AND 7-12 filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Ariel D. House)(Shapiro, Jonathan) (Filed on 10/17/2018) |
Filing 254 CLERK'S NOTICE SETTING HEARING Regarding Deposition Transcripts from the Seagram's Case filed by Dr. Pepper/Seven Up, Inc., Keurig Dr Pepper Inc. #252 , and Defendants' Response #253 . Motion Hearing set for 10/17/2018 at 1:00 PM before Judge Nathanael Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/17/2018) |
Filing 253 Discovery Letter BriefPLAINTIFFS RESPONSE TO DEFENDANTS DISCOVERY STATEMENT REGARDING DEPOSITION TRANSCRIPTS FROM SEAGRAMS CASE filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Exhibit A)(McCrary, Marie) (Filed on 10/17/2018) |
Filing 252 Discovery Letter Brief Regarding Deposition Transcripts from the Seagram's Case filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2)(Shapiro, Jonathan) (Filed on 10/16/2018) |
Filing 251 Declaration of Ariel D. House in Support of #228 Administrative Motion to File Under Seal Portions of Defendants' Motion for Summary Judgment, #227 Affidavit in Support of Motion,,, for Summary Judgment filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Dkt 227-5 and Dkt 228-7 REDACTED_Replacement)(Related document(s) #228 , #227 ) (House, Ariel) (Filed on 10/12/2018) |
Filing 250 Declaration of Monica H. Smith in Support of #246 Administrative Motion to File Under Seal the Attachment to Plaintiff's Objection to Defendants' Reply Evidence filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Related document(s) #246 ) (Smith, Monica) (Filed on 10/9/2018) |
Filing 249 NOTICE by Gegham Margaryan Notice of Withdrawal of Counsel Iveta Ovsepyan (Ovsepyan, Iveta) (Filed on 10/9/2018) |
Filing 248 EXHIBITS re #238 Order on Administrative Motion to File Under Seal filed byJackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Keith Ugone)(Related document(s) #238 ) (McCrary, Marie) (Filed on 10/9/2018) |
Filing 247 OBJECTIONS to re #244 Reply to Opposition/Response, pursuant to Local Rule 7-3(d)(1) by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1*** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. *** Exhibit)(McCrary, Matthew) (Filed on 10/5/2018) Modified on 10/9/2018 (fff, COURT STAFF). |
Filing 246 Administrative Motion to File Under Seal the Attachment to Plaintiff's Objection to Defendants' Reply Evidence filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration, #2 Proposed Order, #3 *** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. *** Exhibit Redacted Attachment, #4 Exhibit Sealed Attachment)(McCrary, Matthew) (Filed on 10/5/2018) Modified on 10/9/2018 (fff, COURT STAFF). |
Filing 245 REPLY (re #226 MOTION for Summary Judgment ) filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Beckwith, Van) (Filed on 9/28/2018) |
Filing 244 REPLY (re #225 MOTION to Strike the Testimony of Plaintiffs' Experts ) filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13)(Beckwith, Van) (Filed on 9/28/2018) |
Filing 243 Administrative Motion to File Under Seal Portions of Defendants' Reply in Support of Their Motion to Exclude the Testimony of Plaintiffs' Experts filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order, #3 Redacted Version of Reply Motion to Exclude, #4 Unredacted Version of Reply Motion to Exclude, #5 Redacted Version of Exhibit 7, #6 Unredacted Version of Exhibit 7, #7 Certificate/Proof of Service)(Beckwith, Van) (Filed on 9/28/2018) |
Filing 242 Administrative Motion to File Under Seal Portions of Exhibit 15 to Plaintiffs' Motion for Class Certification filed by Dr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order)(Beckwith, Van) (Filed on 9/25/2018) |
Filing 241 Declaration of Monica H. Smith in Support of #236 Administrative Motion to File Under Seal Portions of Plaintiffs Opposition to Defendants Motion to Summary Judgment and Accompanying Exhibits filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Related document(s) #236 ) (Smith, Monica) (Filed on 9/25/2018) |
Filing 240 Declaration of Monica H. Smith in Support of #234 Administrative Motion to File Under Seal DOCUMENTS FILED IN SUPPORT OF PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERTS filed byDr Pepper/Seven Up, Inc., Keurig Dr Pepper Inc.. (Related document(s) #234 ) (Smith, Monica) (Filed on 9/25/2018) |
Filing 239 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO EXCLUDE EXPERT REPORTS. Re: Dkt. No. #222 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/25/2018) |
Filing 238 ORDER DENYING PLAINTIFFS' MOTION TO SEAL EXHIBITS. RE: Dkt. No. #221 . Either party may renew the motion to seal within fourteen days of this Order. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/25/2018) |
Filing 237 OPPOSITION/RESPONSE (re #226 MOTION for Summary Judgment ) filed byJackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25 - 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43-44, #43 Exhibit 45, #44 Exhibit 46, #45 Exhibit 47, #46 Exhibit 48, #47 Exhibit 49, #48 Exhibit 50, #49 Exhibit 51)(McCrary, Matthew) (Filed on 9/21/2018) |
Filing 236 Administrative Motion to File Under Seal Portions of Plaintiffs Opposition to Defendants Motion to Summary Judgment and Accompanying Exhibits filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Brief, #4 Sealed Brief, #5 Sealed Ex. 1, #6 Redacted Ex. 7, #7 Sealed Ex. 7, #8 Sealed Ex. 22, #9 Redacted Ex. 24, #10 Sealed Ex. 24, #11 Sealed Ex. 25, #12 Sealed Ex. 26, #13 Sealed Ex. 27, #14 Redacted Ex. 28, #15 Sealed Ex. 28, #16 Redacted Ex. 29, #17 Sealed Ex. 29, #18 Sealed Ex. 33, #19 Sealed Ex. 43, #20 Sealed Ex. 44)(McCrary, Matthew) (Filed on 9/21/2018) |
Filing 235 OPPOSITION/RESPONSE (re #225 MOTION to Strike the Testimony of Plaintiffs' Experts ) filed byJackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Matthew) (Filed on 9/21/2018) |
Filing 234 Administrative Motion to File Under Seal DOCUMENTS FILED IN SUPPORT OF PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERTS filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Matthew McCrary, #2 Proposed Order, #3 REDACTED PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERTS, #4 SEALED PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS EXPERTS)(McCrary, Matthew) (Filed on 9/21/2018) |
Filing 233 ORDER of USCA. The court, in its discretion, denies the petition for permission to appeal the district courts June 26, 2018 order granting class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005).(sfbS, COURT STAFF) (Filed on 9/18/2018) |
Filing 232 ORDER GRANTING UNOPPOSED MOTION to Amend Docket and Caption to Reflect Change of Party Name #223 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/18/2018) |
Filing 231 ORDER GRANTING FURTHER JOINT STATEMENT REGARDING CLASS NOTICE AND MEDIATION re #220 . Signed by Judge Nathanael Cousins on 9/18/2018. (lmh, COURT STAFF) (Filed on 9/18/2018) |
Filing 230 Order denying #229 Stipulation entered by Judge Nathanael M. Cousins. The Court anticipates being in a jury trial on October 10. The Court is amenable to moving the hearings to Oct. 31 or Nov. 7 or 14. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 229 STIPULATION WITH PROPOSED ORDER TO CHANGE THE HEARING DATE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE THE TESTIMONY OF PLAINTIFFS' EXPERTS PURSUANT TO CIVIL LOCAL RULES 6-2 AND 7-12 filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Ariel D. House)(Shapiro, Jonathan) (Filed on 9/17/2018) |
Filing 228 Administrative Motion to File Under Seal Portions of Defendants' Motion for Summary Judgment filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order, #3 REDACTED version of Motion for Summary Judgment, #4 UNREDACTED version of Motion for Summary Judgment, #5 REDACTED version of Exhibit 2, #6 UNREDACTED version of Exhibit 2, *** #7 REDACTED version of Exhibit 5 DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** , #8 UNREDACTED version of Exhibit 5, #9 REDACTED version of Exhibit 6, #10 UNREDACTED version of Exhibit 6, #11 REDACTED version of Exhibit 7, #12 UNREDACTED version of Exhibit 7, #13 REDACTED version of Exhibit 11, #14 UNREDACTED version of Exhibit 11, #15 REDACTED version of Exhibit 14, #16 UNREDACTED version of Exhibit 14, #17 Certificate/Proof of Service)(Beckwith, Van) (Filed on 9/8/2018) Modified on 10/12/2018 (ewn, COURT STAFF). |
Filing 227 AFFIDAVIT in Support re #226 MOTION for Summary Judgment filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, *** #5 Exhibit 5 DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** , #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Related document(s) #226 ) (Beckwith, Van) (Filed on 9/8/2018) Modified on 10/12/2018 (ewn, COURT STAFF). |
Filing 226 MOTION for Summary Judgment filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Motion Hearing set for 10/17/2018 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 9/21/2018. Replies due by 9/28/2018. (Attachments: #1 Proposed Order)(Beckwith, Van) (Filed on 9/7/2018) |
Filing 225 MOTION to Strike the Testimony of Plaintiffs' Experts filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Motion Hearing set for 10/17/2018 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 9/21/2018. Replies due by 9/28/2018. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order)(Beckwith, Van) (Filed on 9/7/2018) |
Filing 224 Administrative Motion to File Under Seal Portions of Defendants' Motion to Exclude The Testimony of Plaintiffs' Experts filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order, #3 REDACTED version of Exhibit 5, #4 UNREDACTED version of Exhibit 5, #5 REDACTED version of Exhibit 6, #6 UNREDACTED version of Exhibit 6, #7 Certificate/Proof of Service)(Beckwith, Van) (Filed on 9/7/2018) |
Filing 223 MOTION to Amend/Correct DOCKET AND CAPTION TO REFLECT CHANGE OF PARTY NAME filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Responses due by 9/21/2018. Replies due by 9/28/2018. (Attachments: #1 Proposed Order)(Shapiro, Jonathan) (Filed on 9/7/2018) |
Filing 222 Discovery Letter Briefon Defendants' Rebuttal Experts filed by Robin Dale, Gegham Margaryan. (Attachments: #1 Exhibit A, the Supplemental Expert Report of Rene Befurt, Ph.D., #2 Exhibit B, the Supplemental Declaration of Keith R. Ugone, Ph.D., #3 Declaration Monica Smith)(McCrary, Marie) (Filed on 9/6/2018) |
Filing 221 Administrative Motion to File Under Seal EXHIBITS TO JOINT STATEMENT ON DEFENDANTS REBUTTAL EXPERTS filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Matthew McCrary, #2 Joint Statement re Defendants' Rebuttal Experts, #3 Exhibit A, Public Version, #4 Exhibit A, Sealed Version, #5 Exhibit B, Public Version, #6 Exhibit B, Sealed Version, #7 Declaration Monica Smith)(McCrary, Marie) (Filed on 9/6/2018) |
Filing 220 NOTICE by Jackie Fitzhenry-Russell re #207 Statement, #101 Order Referring Case to Private ADR, Terminate Motions PROPOSED ORDER GRANTING (Safier, Seth) (Filed on 8/20/2018) |
Filing 219 Rule 7.1 Disclosures by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc. identifying Other Affiliate Mondelez International, Inc., Other Affiliate Maple Holdings B.V., Other Affiliate JAB Holding Company for Dr. Pepper Snapple Group, Inc.; Corporate Parent Keurig Dr Pepper Inc. for Dr Pepper/Seven Up, Inc.. (Beckwith, Van) (Filed on 7/26/2018) |
Filing 218 Statement (Supplemental Corporate Disclosure) by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Beckwith, Van) (Filed on 7/25/2018) |
Filing 217 NOTICE by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc. (Change of Party Name) (Beckwith, Van) (Filed on 7/24/2018) |
Filing 216 ORDER GRANTING STIPULATED REQUEST TO EXTEND EXPERT-RELATED DEADLINES #215 . Disclosure of expert testimony and reports: 7/30/2018. Disclosure of rebuttal expert testimony and reports: 8/14/2018. Completion of all discovery of expert witnesses: 8/31/2018. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/18/2018) |
Filing 215 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST TO EXTEND EXPERT-RELATED DEADLINES PURSUANT TO CIVIL LOCAL RULE 6-2 filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Beckwith, #2 Declaration McCrary)(McCrary, Marie) (Filed on 7/17/2018) |
Filing 214 NOTICE of Change In Counsel by Jonathan Acker Shapiro (Shapiro, Jonathan) (Filed on 7/13/2018) |
Filing 213 ORDER GRANTING MOTION TO SEAL PORTIONS OF HEARING TRANSCRIPT. Re: Dkt. No. #211 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/13/2018) |
Filing 212 Transcript Redaction Request re #198 Transcript,,, by attorney Monica Hughes Smith. (Smith, Monica) (Filed on 7/13/2018) |
Filing 211 Administrative Motion to File Under Seal Transcript of Oral Arguments on Plaintiffs' Motion for Class Certification and Defendants' Motion to Exclude filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order, #3 REDACTED VERSION OF TRANSCRIPT, #4 UNREDACTED VERSION OF TRANSCRIPT, #5 Certificate/Proof of Service)(Smith, Monica) (Filed on 7/13/2018) |
Filing 210 NOTICE by Jackie Fitzhenry-Russell, Gegham Margaryan JOINT NOTICE REGARDING FACT DISCOVERY (McCrary, Marie) (Filed on 7/13/2018) |
Filing 209 NOTICE by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc. OF FILING RULE 23(f) PETITION FOR PERMISSION TO APPEAL (Shapiro, Jonathan) (Filed on 7/12/2018) |
Filing 208 USCA Case Number 18-80081 USCA (sfbS, COURT STAFF) (Filed on 7/10/2018) |
Filing 207 Statement JOINT STATEMENT AND STIPULATED REQUEST REGARDING CLASS NOTICE PLAN by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Gutride, #2 Declaration Schwartz)(McCrary, Marie) (Filed on 7/6/2018) |
Filing 206 TRANSCRIPT ORDER for proceedings held on 06-13-2018 before Judge Nathanael M. Cousins by Jackie Fitzhenry-Russell, for Court Reporter FTR - San Jose. (McCrary, Marie) (Filed on 7/6/2018) (TRANSCRIBER: ECHO REPORTING) Modified on 7/6/2018 (lmhS, COURT STAFF). |
Filing 205 REDACTION to #184 Opposition/Response to Motion,,, (Redacted Pursuant to Court Order) by Dr. Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27)(Beckwith, Van) (Filed on 6/29/2018) |
Filing 204 ORDER DENYING STIPULATION TO STAY CASE PENDING FEDERAL RULE OF CIVIL PROCEDURE 23(f) PETITION. Re: Dkt. No. #201 . Deadline to complete limited outstanding fact discovery is 7/13/2018. Parties must complete all discovery of expert witnesses by 8/17/2018. All other deadlines remain the same. Signed by Judge Nathanael Cousins. (lmhS, COURT STAFF) (Filed on 6/29/2018) |
Filing 203 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION OF THE COURT'S JUNE 26, 2018, SEALING ORDER. Re: Dkt. No. #200 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/29/2018) |
Filing 202 NOTICE of Intent to Request Redaction of Transcript by Monica Hughes Smith (Smith, Monica) (Filed on 6/29/2018) |
Filing 201 STIPULATION WITH PROPOSED ORDER filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 6/28/2018) |
Filing 200 Emergency MOTION for Leave to File Motion for Reconsideration filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Proposed Order)(Shapiro, Jonathan) (Filed on 6/28/2018) |
Filing 199 ORDER GRANTING CLASS CERTIFICATION; ORDER DENYING MOTION TO EXCLUDE; ORDER GRANTING IN PART AND DENYING IN PART DR. PEPPER'S MOTION TO SEAL. Re: Dkt. Nos. #180 , #183 , 185]. By 7/6/2018, the parties must jointly submit a proposal for class notification, with the plan to distribute notice by 7/27/2018. Dr. Pepper must refile the opposition to the motion for class certification with only the approved redactions consistent with this order by 6/29/2018. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/26/2018) |
Filing 198 Transcript of Proceedings of the official sound recording held on 06/13/18, before Judge Nathanael M. Cousins. FTR/Transcriber Echo Reporting, Inc., telephone number (858) 453-7590. Tape Number: FTR 1:06 - 2:04. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #197 Transcript Order, ) Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (Related documents(s) #197 ) (tgb, COURT STAFF) (Filed on 6/22/2018) |
Filing 197 TRANSCRIPT ORDER for proceedings held on 06/13/2018 before Judge Nathanael M. Cousins by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc., for Court Reporter FTR - San Jose. (Smith, Monica) (Filed on 6/15/2018)(TRANSCRIBER: ECHO REPORTING) Modified on 6/15/2018 (lmh, COURT STAFF). |
Filing 196 PDF with attached Audio File. Court Date & Time [ 6/13/2018 1:06:52 PM ]. File Size [ 27576 KB ]. Run Time [ 00:57:27 ]. (courtspeak). |
Filing 195 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing held on 6/13/2018 re: Motion to Certify Class #153 #154 ; Motion to Strike Expert Declarations and Testimony of Michael Dennis and Colin Weir #185 ; Court takes motions under submission. Attorneys for Plaintiffs: Adam Gutride, Seth Safier. Attorneys for Defendants: Jonathan Shapiro, Van Beckwith, Jessica Underwood, Monica Smith. (FTR Time: 1:06pm - 2:04pm *TRANSCRIBER ASSIGNED: ECHO REPORTING) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 6/13/2018) Modified on 7/6/2018 (lmhS, COURT STAFF). |
Filing 194 REPLY (re #185 MOTION to Strike Expert Declarations and Testimony of Michael Dennis and Colin Weir ) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Beckwith, Van) (Filed on 6/12/2018) |
Filing 193 OPPOSITION/RESPONSE (re #185 MOTION to Strike Expert Declarations and Testimony of Michael Dennis and Colin Weir ) filed byJackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration Adam Gutride, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(McCrary, Marie) (Filed on 6/8/2018) |
Filing 192 REPLY (re #180 MOTION to Certify Class (Redacted Pursuant to Court Order), #154 MOTION to Certify Class (Redacted -- Portions filed under seal at Dkt No. 153) ) filed byRobin Dale, Gegham Margaryan. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6)(McCrary, Matthew) (Filed on 6/6/2018) |
Filing 191 ORDER DENYING REQUEST FOR EVIDENTIARY HEARING; ORDER DENYING REQUEST TO STRIKE; ORDER SETTING BRIEFING SCHEDULE ON MOTION TO EXCLUDE. Re: Dkt. Nos. #185 , #186 , #188 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 5/25/2018). |
Reset Hearing and Deadlines as to Motion to Exclude Expert Declarations and Testimony of Michael Dennis and Colin Weir #185 : by 6/8, plaintiffs must file an opposition not to exceed 25 pages; by 6/12/2018, at 12 PM PST, Dr. Pepper must file a reply brief not to exceed 5 pages. Hearing set for 6/13/2018 01:00 PM in San Jose, Courtroom 5, 4th Floor. (lmh, COURT STAFF) (Filed on 5/25/2018) |
Filing 190 Declaration of James Hassel in Support of #183 Administrative Motion to File Under Seal Opposition to Class Certification Documents filed byGivaudan Flavors Corporation. (Attachments: #1 Declaration of James Hassel)(Related document(s) #183 ) (Ramundo, Kimberly) (Filed on 5/22/2018) |
Filing 189 *Filing Error. See Dkt #190 for Corrected Entry* OPPOSITION/RESPONSE (re #183 Administrative Motion to File Under Seal Opposition to Class Certification Documents ) filed by Givaudan Flavors Corporation. (Attachments: #1 Exhibit 1 - Declaration of James Hassel)(Ramundo, Kimberly) (Filed on 5/22/2018) Modified on 5/22/2018 (sfbS, COURT STAFF). |
Filing 188 ADMINISTRATIVE MOTION Strike under L.R. 7-3(a) Defendants' Improper Daubert Motion re #185 MOTION to Strike Expert Declarations and Testimony of Michael Dennis and Colin Weir filed by Jackie Fitzhenry-Russell, Gegham Margaryan. Responses due by 5/25/2018. (Attachments: #1 Declaration, #2 Exhibit A, #3 Proposed Order)(McCrary, Matthew) (Filed on 5/21/2018) |
Filing 187 OPPOSITION/RESPONSE (re #186 ADMINISTRATIVE MOTION Evidentiary Hearing ) filed byJackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 5/21/2018) |
Filing 186 ADMINISTRATIVE MOTION Evidentiary Hearing filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Responses due by 5/22/2018. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order)(Beckwith, Van) (Filed on 5/18/2018) |
Filing 185 MOTION to Strike Expert Declarations and Testimony of Michael Dennis and Colin Weir filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Motion Hearing set for 6/25/2018 09:00 AM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 6/1/2018. Replies due by 6/8/2018. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Proposed Order)(Beckwith, Van) (Filed on 5/18/2018) |
Filing 184 OPPOSITION/RESPONSE (re #180 MOTION to Certify Class (Redacted Pursuant to Court Order) ) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Proposed Order)(Beckwith, Van) (Filed on 5/18/2018) |
Filing 183 Administrative Motion to File Under Seal Opposition to Class Certification Documents filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Jessica Underwood, #2 Proposed Order, #3 REDACTED version Def Opposition to Motion for Class Certification, #4 UNREDACTED version Def Opposition to Motion for Class Certification, #5 REDACTED version of Exhibit 2, #6 UNREDACTED version of Exhibit 2, #7 REDACTED version of Exhibit 4, #8 UNREDACTED version of Exhibit 4, #9 REDACTED version of Exhibit 9, #10 UNREDACTED version of Exhibit 9, #11 REDACTED version of Exhibit 10, #12 UNREDACTED version of Exhibit 10, #13 REDACTED version of Exhibit 24, #14 UNREDACTED version of Exhibit 24, #15 Certificate/Proof of Service)(Beckwith, Van) (Filed on 5/18/2018) |
Filing 182 ORDER MEDIATION DEADLINE TO 8/15/2018 RE: #181 . Signed by Judge Nathanael Cousins on 5/11/2018. (lmh, COURT STAFF) (Filed on 5/11/2018) |
Filing 181 STIPULATION WITH PROPOSED ORDER to Extend Mediation Deadline filed by Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Proposed Order, #2 Declaration)(Safier, Seth) (Filed on 5/11/2018) |
Filing 180 MOTION to Certify Class (Redacted Pursuant to Court Order) filed by Jackie Fitzhenry-Russell, Gegham Margaryan. Motion Hearing set for 6/13/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 5/18/2018. Replies due by 6/6/2018. (Attachments: #1 Declaration Dr. Mike Dennis (Redacted), #2 Declaration Collin Weir, #3 Declaration Hovanes Margarian, #4 Declaration Seth Safier, #5 Declaration Matthew McCrary (Redacted), #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3-5 (Redacted), #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21 (Redacted), #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41 (Redacted), #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50 (Redacted), #54 Exhibit 51, #55 Exhibit 52 (Redacted), #56 Exhibit 53, #57 Exhibit 54, #58 Exhibit 55, #59 Exhibit 56 (Redacted), #60 Exhibit 57, #61 Exhibit 58, #62 Exhibit 59, #63 Exhibit 60, #64 Exhibit 61, #65 Exhibit 62, #66 Exhibit 63, #67 Exhibit 64-66 (Redacted), #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71 (Redacted))(McCrary, Marie) (Filed on 5/3/2018) |
Filing 179 ORDER GRANTING THIRD PARTY GIVAUDAN FLAVORS CORPORATION'S UNOPPOSED EMERGENCY MOTION to Correct the Court's Second Order on Plaintiffs' Administrative Motion to Seal (ECF No. 177) #178 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 5/2/2018) |
Filing 178 MOTION to Amend/Correct #177 Order, THIRD PARTY GIVAUDAN FLAVORS CORPORATIONS UNOPPOSED EMERGENCY MOTION TO CORRECT THE COURTS SECOND ORDER ON PLAINTIFFS ADMINISTRATIVE MOTION TO SEAL filed by Givaudan Flavors Corporation. Responses due by 5/16/2018. Replies due by 5/23/2018. (Attachments: #1 Proposed Order)(Ramundo, Kimberly) (Filed on 5/2/2018) |
Filing 177 SECOND ORDER ON MOTION TO SEAL PORTIONS OF THE CLASS CERTIFICATION BRIEF, DECLARATIONS, AND EXHIBITS. Re: Dkt. No. #153 . Plaintiffs must publicly refile the class certification brief and its declarations and exhibits with only the approved redactions by 5/4/2018. Signed by Judge Nathanael Cousins on 5/1/2018. (lmh, COURT STAFF) (Filed on 5/1/2018) |
Filing 176 ORDER GRANTING REQUEST TO DISMISS PLAINTIFF DALE WITHOUT PREJUDICE; ORDER DENYING RENEWED REQUEST FOR FEES AND COSTS ASSOCIATED WITH DEPOSITION. Re: Dkt. Nos. #150 , #155 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/30/2018) |
Filing 175 ORDER ON DR. PEPPER'S MOTION FOR AN EXTENSION OF TIME IN FILING OPPOSITION BRIEF; ORDER ON REQUEST FOR LEAVE TO FILE REPLY BRIEF. Re: Dkt. Nos. #163 , #170 . Dr. Pepper's opposition must be filed by 5/18/2018. Plaintiffs' reply must be filed by 6/6/2018. All other deadlines will remain unchanged, as stated in the Court's scheduling order, Dtk. No. #80 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/30/2018) |
Filing 174 Declaration of Jessica Underwood (Amended) in Support of Administrative Motion to Seal filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 4/27/2018) |
Filing 173 OPPOSITION/RESPONSE (re #155 MOTION to Dismiss UNDER RULE 41 AND OPPOSITION TO DEFENDANTS RENEWED REQUEST FOR FEES AND COSTS ASSOCIATED WITH DEPOSITION ) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A- Declaration of Jonathan Shapiro, #2 Exhibit B - Manual Filing Notification, #3 Certificate/Proof of Service)(Shapiro, Jonathan) (Filed on 4/26/2018) |
Filing 172 OPPOSITION/RESPONSE (re #170 MOTION for Leave to File Reply in Support of Motion to Extend Time ) filed byRobin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (Safier, Seth) (Filed on 4/26/2018) |
Filing 171 OPPOSITION/RESPONSE (re #163 MOTION for Extension of Time to File Response/Reply ) ERRATA RE PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXTEND TIME TO FILE OPPOSITION TO MOTION FOR CLASS CERTIFICATION (DKT. 169) filed byRobin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 4/26/2018) |
Filing 170 MOTION for Leave to File Reply in Support of Motion to Extend Time filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Reply In Support of Motion to Extend Time, #2 Declaration of Monica Smith, #3 Exhibit 1, #4 Exhibit 2)(Shapiro, Jonathan) (Filed on 4/25/2018) |
Filing 169 OPPOSITION/RESPONSE (re #163 MOTION for Extension of Time to File Response/Reply ) filed byJackie Fitzhenry-Russell. (Attachments: #1 Declaration IN SUPPORT OF OPPOSITION)(Safier, Seth) (Filed on 4/25/2018) |
Filing 168 ORDER GRANTING APPLICATION for Admission of Attorney Kimberly E. Ramundo Pro Hac Vice #167 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/24/2018) |
Filing 167 MOTION for leave to appear in Pro Hac Vice for Kimberly E. Ramundo ( Filing fee $ 310, receipt number 0971-12288752.) Filing fee previously paid on 04/20/2018 filed by Givaudan Flavors Corporation. (Ramundo, Kimberly) (Filed on 4/24/2018) |
Filing 166 ORDER DENYING MOTION TO SEAL WITHOUT PREJUDICE; ORDER DENYING MOTION TO SEAL THIRD PARTY VENDOR'S NAME IN CM/ECF. Re: Dkt. Nos. #153 , #157 , #158 , #160 . The flaws in the sealing motion must be cured by 4/27/2018. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/23/2018) |
Filing 165 TRANSCRIPT ORDER for proceedings held on March 7, 2018 before Judge Nathanael M. Cousins by Jackie Fitzhenry-Russell, for Court Reporter Joan Columbini. (McCrary, Matthew) (Filed on 4/23/2018) |
Filing 164 CLERK'S NOTICE: Plaintiffs to file a response to Defendants' Motion to Extend Time to File Opposition to Motion for Class Certification #163 by 4/25/2018, as ordered by Judge Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/23/2018) |
Filing 163 MOTION for Extension of Time to File Response/Reply filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica H. Smith, #2 Proposed Order)(Shapiro, Jonathan) (Filed on 4/20/2018) |
Filing 162 MOTION for leave to appear in Pro Hac Vice for Kimberly Ramundo ( Filing fee $ 310, receipt number 0971-12288752.) filed by Third Party Vendor. (Ramundo, Kimberly) (Filed on 4/20/2018) |
Filing 161 ORDER GRANTING STIPULATION Resetting Hearing on Robin Dale's Motion to Dismiss #159 . Hearing re Motion to Dismiss Under Rule 41 #155 is set for 6/6/2018 01:00 PM in Courtroom 5, 4th Floor. San Jose. Signed by Judge Nathanael Cousins on 4/16/2018. (lmh, COURT STAFF) (Filed on 4/16/2018) |
Filing 160 MOTION to Remove Incorrectly Filed Document , Administrative Motion to File Under Seal filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Proposed Order)(Shapiro, Jonathan) (Filed on 4/14/2018) |
Filing 159 STIPULATION WITH PROPOSED ORDER re #155 MOTION to Dismiss UNDER RULE 41 AND OPPOSITION TO DEFENDANTS RENEWED REQUEST FOR FEES AND COSTS ASSOCIATED WITH DEPOSITION filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Proposed Order Resetting Hearing on Robin Dale's Motion to Dismiss Under Rule 41)(Shapiro, Jonathan) (Filed on 4/13/2018) |
Filing 158 Declaration of Jessica Underwood in Support of #153 Administrative Motion to File Under Seal Certain Portions of Plaintiffs' Motion for Class Certification Pursuant to Local Rule 79-5(d) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Related document(s) #153 ) (Shapiro, Jonathan) (Filed on 4/13/2018) |
Filing 157 RESPONSE (re #153 Administrative Motion to File Under Seal Certain Portions of Plaintiffs' Motion for Class Certification ) Responsive Memorandum filed by Givaudan Flavors Corporation. (Attachments: #1 Declaration of James Hassel, #2 Proposed Order)(Wilson, Aarti) (Filed on 4/13/2018) Modified on 4/13/2018 (sfbS, COURT STAFF). *Sealed at Request of Filing Party Due to Confidential Information* Document unlocked pursuant to Order #166 . Modified on 4/23/2018 (lmh, COURT STAFF). |
Filing 156 NOTICE of Appearance by Aarti Khanolkar Wilson and Paul J. Loh (Wilson, Aarti) (Filed on 4/13/2018) *Document unlocked pursuant to Order #166 . Modified on 4/23/2018 (lmh, COURT STAFF). |
Filing 155 MOTION to Dismiss UNDER RULE 41 AND OPPOSITION TO DEFENDANTS RENEWED REQUEST FOR FEES AND COSTS ASSOCIATED WITH DEPOSITION filed by Robin Dale. Motion Hearing set for 5/23/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 4/26/2018. Replies due by 5/3/2018. (Attachments: #1 Declaration Adam J. Gutride, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Proposed Order)(Gutride, Adam) (Filed on 4/12/2018) |
Filing 154 MOTION to Certify Class (Redacted -- Portions filed under seal at Dkt No. 153) filed by Robin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. Motion Hearing set for 6/13/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Responses due by 5/11/2018. Replies due by 5/30/2018. (Attachments: #1 Declaration of Matthew T. McCrary, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3-20, #5 Exhibit 21, #6 Exhibit 22-62, #7 Exhibit 63, #8 Exhibit 64-69, #9 Exhibit 70, #10 Exhibit 71, #11 Declaration of Michael J. Dennis, #12 Exhibit A-K, #13 Declaration of Colin Weir, #14 Declaration of Seth Safier, #15 Declaration of Hovanes Margarian)(McCrary, Matthew) (Filed on 4/9/2018) Modified on 4/10/2018 (fff, COURT STAFF). Modified on 5/4/2018 (sfbS, COURT STAFF). |
Filing 153 Administrative Motion to File Under Seal Certain Portions of Plaintiffs' Motion for Class Certification filed by Robin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (Attachments: #1 Declaration In support of Motion to Seal, #2 Proposed Order On Motion to Seal, #3 Redacted Version of Class Certification Brief, #4 Unredacted Version of Class Certification Brief, #5 Redacted Version of Dennis Declaration, #6 Unedacted Version of Dennis Declaration, #7 Redacted Version of Weir Declaration, #8 Unredacted Version of Weir Declaration, #9 Redacted Version of McCrary Declaration, #10 Unredacted version of McCrary Declaration, #11 Unredacted version of Exhibit 1, #12 Redacted Version of Exhibit 2, #13 Unredacted Version of Exhibit 2, #14 unredacted version of exhibit 3, #15 unredacted version of exhibit 4, #16 unredacted version of exhibit 5, #17 unredacted version of exhibit 6, #18 unredacted version of exhibit 7, #19 unredacted version of exhibit 11, #20 unredacted version of exhibit 12, #21 unredacted version of exhibit 13, #22 unredacted version of exhibit 15, #23 unredacted version of exhibit 16, #24 unredacted version of exhibit 17, #25 unredacted version of exhibit 18, #26 unredacted version of exhibit 19, #27 unredacted version of exhibit 20, #28 Redacted version of exhibit 21, #29 unredacted version of exhibit 21, #30 unredacted version of exhibit 22, #31 unredacted version of exhibit 23, #32 unredacted version of exhibit 24, #33 unredacted version of exhibit 25, #34 unredacted version of exhibit 26, #35 unredacted version of exhibit 27, #36 unredacted version of exhibit 28, #37 unredacted version of exhibit 29, #38 unredacted version of exhibit 30, #39 unredacted version of exhibit 31, #40 unredacted version of exhibit 32, #41 unredacted version of exhibit 33, #42 unredacted version of exhibit 34, #43 unredacted version of exhibit 35, #44 unredacted version of exhibit 36, #45 unredacted version of exhibit 37, #46 unredacted version of exhibit 38, #47 unredacted version of exhibit 39, #48 unredacted version of exhibit 40, #49 unredacted version of exhibit 41, #50 unredacted version of exhibit 42, #51 unredacted version of exhibit 43, #52 unredacted version of exhibit 44, #53 unredacted version of exhibit 45, #54 unredacted version of exhibit 46, #55 unredacted version of exhibit 47, #56 unredacted version of exhibit 48, #57 unredacted version of exhibit 49, #58 unredacted version of exhibit 50, #59 unredacted version of exhibit 51, #60 unredacted version of exhibit 52, #61 unredacted version of exhibit 53, #62 unredacted version of exhibit 54, #63 unredacted version of exhibit 55, #64 unredacted version of exhibit 56, #65 unredacted version of exhibit 57, #66 unredacted version of exhibit 58, #67 unredacted version of exhibit 59, #68 unredacted version of exhibit 60, #69 unredacted version of exhibit 61, #70 unredacted version of exhibit 62, #71 redacted version of exhibit 63, #72 unredacted version of exhibit 63, #73 unredacted version of exhibit 64, #74 unredacted version of exhibit 65, #75 unredacted version of exhibit 66, #76 unredacted version of exhibit 67, #77 unredacted version of exhibit 68, #78 unredacted version of exhibit 69, #79 redacted version of exhibit 70, #80 unredacted version of exhibit 70, #81 redacted version of exhibit 71, #82 unredacted version of exhibit 71)(McCrary, Matthew) (Filed on 4/9/2018) Modified on 4/10/2018 (fff, COURT STAFF). Modified on 5/3/2018 (sfbS, COURT STAFF). |
Filing 152 ORDER REGARDING PLAINTIFF DALE'S REPORTED FUTURE DISMISSAL. Re: Dkt. No. #151 . Signed by Judge Nathanael Cousins on 4/9/2018. (lmh, COURT STAFF) (Filed on 4/9/2018) |
Filing 151 STATUS REPORT JOINT STATUS REPORT PURSUANT TO COURTS MARCH 22, 2018 ORDER by Robin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Marie) (Filed on 4/6/2018) |
Filing 150 Discovery Letter BriefRenewing Defendants' Request for Fees and Costs filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A - Declaration of Jonathan A. Shapiro, #2 Exhibit B - Declaration of Jessica Underwood, #3 Exhibit B-1 - Videographer Invoice, #4 Exhibit B-2 - Court Reporter Invoice)(Shapiro, Jonathan) (Filed on 4/6/2018) |
Filing 149 ORDER GRANTING STIPULATED REVISED Joint Administrative Motion to File Under Seal Portions of Plaintiffs' Deposition Transcripts #145 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/3/2018) |
Filing 148 REDACTION Deposition Transcript of of Gegham Margaryan by Dr. Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 3/26/2018) |
Filing 147 REDACTION Deposition Transcript of Robin Dale by Dr. Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 3/26/2018) |
Filing 146 REDACTION Deposition Transcript of Jackie Fitzhenry-Russell by Dr. Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 3/26/2018) |
Filing 145 Joint Administrative Motion to File Under Seal (REVISED) filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Monica Smith, #2 Declaration of Matthew McCrary, #3 Proposed Order, #4 REDACTED Version of JackieFitzhenry-Russell Deposition Transcript, #5 UNREDACTED Version of JackieFitzhenry-Russell Deposition Transcript, #6 REDACTED Version of Robin Dale Deposition Transcript, #7 UNREDACTED Version of Robin Dale Deposition Transcript, #8 REDACTED Version of Gegham Margaryan Deposition Transcript, #9 UNREDACTED Version of Gegham Margaryan Deposition Transcript)(Shapiro, Jonathan) (Filed on 3/26/2018) |
Filing 144 CERTIFICATE OF SERVICE by Gegham Margaryan re #140 Order on Administrative Motion to File Under Seal, Order on Discovery Letter Brief,,,, Order on Stipulation, (Margarian, Hovanes) (Filed on 3/26/2018) |
Filing 143 CERTIFICATE OF SERVICE by Robin Dale, Jackie Fitzhenry-Russell re #140 Order on Administrative Motion to File Under Seal, Order on Discovery Letter Brief,,,, Order on Stipulation, (McCrary, Matthew) (Filed on 3/26/2018) |
Filing 142 Discovery Letter Brief Regarding Objections and Instructions at Depositions filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 3/23/2018) |
Filing 141 Joint Discovery Letter Brief Regarding Communication During Break at Deposition filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 3/23/2018) |
Filing 140 ORDER ON DEPOSITION LETTER BRIEFS, AND ORDER DENYING MOTIONS TO SEAL WITHOUT PREJUDICE. Re: Dkt. Nos. #123 - #126 , #139 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/22/2018) |
Filing 139 STIPULATION WITH PROPOSED ORDER Regarding Redactions to Discovery Statements and Enclosed Deposition Transcripts (Corrected) filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Certificate/Proof of Service)(Shapiro, Jonathan) (Filed on 3/20/2018) |
Electronic filing error. Incorrect PDF attached. [err201] Please re-file in its entirety. Re: #133 Notice of Appearance filed by Gegham Margaryan (sfbS, COURT STAFF) (Filed on 3/15/2018) |
Filing 138 STIPULATION WITH PROPOSED ORDER Regarding Redactions to Discovery Statements and Enclosed Deposition Transcripts filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Certificate/Proof of Service)(Shapiro, Jonathan) (Filed on 3/14/2018) |
Filing 137 ERRATA re #133 Notice of Appearance Notice of Withdrawal of Docket Entry No. 133 by Gegham Margaryan. (Margarian, Hovanes) (Filed on 3/14/2018) |
Filing 136 NOTICE of Appearance by Hovanes Margarian and Iveta Ovsepyan of The Margarian Law Firm (with Certificate of Service) (Margarian, Hovanes) (Filed on 3/14/2018) |
Filing 135 Transcript of Proceedings held on March 7, 2018, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #129 Transcript Order, ) Redaction Request due 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (Related documents(s) #129 ) (Columbini, Joan) (Filed on 3/14/2018) |
Filing 134 Response to Order to Show Cause #130 Order to Show Cause, regarding the Margarian Law Firm byGegham Margaryan. (Margarian, Hovanes) (Filed on 3/14/2018) |
Filing 133 * Filing Error * NOTICE of Appearance by Hovanes Margarian and Iveta Ovsepyan of The Margarian Law Firm (with Certificate of Service) (Margarian, Hovanes) (Filed on 3/14/2018) Modified on 3/15/2018 (sfbS, COURT STAFF). |
Filing 132 STIPULATED ORDER RE: DEPOSITION CONDUCT #131 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/12/2018) |
Filing 131 STIPULATION WITH PROPOSED ORDER re: Deposition Conduct filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 3/8/2018) |
Filing 130 ORDER TO SHOW CAUSE REGARDING MARGARIAN LAW FIRM. Re: Dkt. No. #119 . The Court ORDERS the Margarian Law Firm to file their appearances before the Court, and file a document explaining what the firm's role is in this case. Document must be filed by 3/14/2018. Signed by Judge Nathanael Cousins on 3/7/2018. (lmh, COURT STAFF) (Filed on 3/7/2018) |
Filing 129 TRANSCRIPT ORDER for proceedings held on 03/07/2018 before Judge Nathanael M. Cousins by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc., for Court Reporter FTR - San Jose. (Underwood, Jessica) (Filed on 3/7/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 3/7/2018 (lmh, COURT STAFF). |
Filing 128 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 3/7/2018: Court modified class certification briefing schedule. See minute order. Plaintiffs' Attorney: Seth Safier. Defendants' Attorney: Jonathan Shapiro. (FTR Time: 10:23am-10:36am/11:14am-11:24am.) Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 3/7/2018) |
Filing 127 Discovery Letter Brief Responding to Defendants' Letter Brief filed by Robin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (McCrary, Matthew) (Filed on 3/6/2018) |
Filing 126 Discovery Letter Brief Regarding Objections and Instructions at Depositions filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Jessica Underwood, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Shapiro, Jonathan) (Filed on 3/6/2018) |
Filing 125 Administrative Motion to File Under Seal Discovery Statement Regarding Objections and Instructions at Depositions and Exhibits to Discovery Statement filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 REDACTED Version of Discovery Statement, #4 UNREDACTED Version of Discovery Statement, #5 REDACTED Version of Exhibit A, #6 UNREDACTED Version of Exhibit A, #7 REDACTED Version of Exhibit B, #8 UNREDACTED Version of Exhibit B, #9 REDACTED Version of Exhibit C, #10 UNREDACTED Version of Exhibit C, #11 Certificate/Proof of Service)(Shapiro, Jonathan) (Filed on 3/6/2018) |
Filing 124 Joint Discovery Letter Brief Regarding Communications During Break at Deposition filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration of Jessica Underwood, #2 Exhibit A)(Shapiro, Jonathan) (Filed on 3/6/2018) |
Filing 123 Administrative Motion to File Under Seal Joint Statement regarding Communication During Break at Deposition and Exhibit to Joint Statement filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 REDACTED Version of Joint Statement, #4 UNREDACTED Version of Joint Statement, #5 REDACTED Version of Exhibit A, #6 UNREDACTED Version of Exhibit A, #7 Certificate/Proof of Service)(Shapiro, Jonathan) (Filed on 3/6/2018) |
Filing 122 ORDER GRANTING APPLICATION for Admission of Attorney Matthew Thomas McCrary Pro Hac Vice #117 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/5/2018) |
Filing 121 RESPONSE to re #120 Notice (Other),, Response to Defendant's Notice re: LR 11-3 by Robin Dale, Jackie Fitzhenry-Russell, Gegham Margaryan. (Safier, Seth) (Filed on 3/2/2018) |
Filing 120 NOTICE by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc. (Attachments: #1 Declaration of Van H. Beckwith, #2 Declaration of Jessica Underwood, #3 Exhibit A - Matt McCrary Gutride Safier Biography, #4 Exhibit B - Feb. 22 Matt McCrary State Bar of Texas Webpage, #5 Exhibit C - Feb. 22 Matt McCrary Massachusetts Board of Bar Overseers Webpage, #6 Exhibit D - Feb. 27 Matt McCrary State Bar of Texas Webpage, #7 Exhibit E - Feb. 27 Matt McCrary Massachusetts Board of Bar Overseers Webpage, #8 Exhibit F - Intelligent Office Boston Location Webpage)(Shapiro, Jonathan) (Filed on 3/1/2018) |
Filing 119 JOINT CASE MANAGEMENT STATEMENT filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shapiro, Jonathan) (Filed on 2/28/2018) |
Filing 118 ORDER GRANTING APPLICATION for Admission of Attorney Monica H. Smith Pro Hac Vice #116 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/27/2018) |
Filing 117 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11332455.) Filing fee previously paid on 4/21/2017 filed by Robin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration)(McCrary, Matthew) (Filed on 2/26/2018) |
Filing 116 MOTION for leave to appear in Pro Hac Vice MONICA H. SMITH ( Filing fee $ 310, receipt number 0971-12137079.) filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 2/23/2018) |
Filing 115 CLERK'S NOTICE CONTINUING Further Case Management Conference to 3/7/2018 10:00 AM in San Jose, Courtroom 7, 4th Floor. Counsel may participate by telephone and must contact the Courtroom Deputy at 408.535.5343 to provide a direct dial number for their appearance. Updated Case Management Statement due by 2/28/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/8/2018) |
Filing 114 JOINT CASE MANAGEMENT STATEMENT No. 3 filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 2/7/2018) |
Filing 113 ORDER GRANTING Motion Appear by Telephone at February 14, 2018 Case Management Conference by Hovanes Margarian #112 . Counsel shall contact the Courtroom Deputy at 408.535.5343 to provide a direct dial number for this appearance. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/7/2018) |
Filing 112 MOTION to Appear by Telephone at February 14, 2018 Case Management Conference by Hovanes Margarian (with Certificate of Service) filed by Gegham Margaryan. (Margarian, Hovanes) (Filed on 2/6/2018) |
Filing 111 RESPONSE to re #110 Notice (Other) by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Declaration Jessica Underwood, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Shapiro, Jonathan) (Filed on 1/22/2018) |
Filing 110 NOTICE by Robin Dale, Jackie Fitzhenry-Russell NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (Safier, Seth) (Filed on 1/18/2018) |
Filing 109 Transcript of Proceedings held on September 6, 2017, before Judge Nathanael M. Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #108 Transcript Order, ) Redaction Request due 1/29/2018. Redacted Transcript Deadline set for 2/6/2018. Release of Transcript Restriction set for 4/6/2018. (Related documents(s) #108 ) (Columbini, Joan) (Filed on 1/6/2018) |
Filing 108 TRANSCRIPT ORDER for proceedings held on 09/06/2017 before Judge Nathanael M. Cousins by Dr. Pepper Snapple Group, Inc., for Court Reporter FTR - San Jose. (Underwood, Jessica) (Filed on 1/4/2018) (TRANSCRIBER: JOAN COLUMBINI) Modified on 1/4/2018 (lmh, COURT STAFF). |
Filing 107 STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION #106 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/3/2018) |
Filing 106 STIPULATION WITH PROPOSED ORDER re: Discovery of Electronically Stored Information filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 1/3/2018) |
Filing 105 ORDER DENYING DR. PEPPER'S MOTION TO CERTIFY INTERLOCUTORY APPEAL. Re: Dkt. No. #92 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/19/2017) |
Filing 104 CLERK'S NOTICE CONTINUING Further Case Management Conference to 2/14/2018 10:00 AM in Courtroom 7, 4th Floor, San Jose. Case Management Statement due by 2/7/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/7/2017) |
Filing 103 JOINT CASE MANAGEMENT STATEMENT filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 12/6/2017) |
Filing 102 Answer to Amended Complaint #97 Amended Complaint, Defendants Answer to Consolidated Second Amended Class Action Complaint byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Underwood, Jessica) (Filed on 11/14/2017) |
Filing 101 ORDER REFERRING CASE to Private ADR re #100 . Signed by Judge Nathanael Cousins on 11/13/2017. (lmh, COURT STAFF) (Filed on 11/13/2017) |
Filing 100 STIPULATION and Proposed Order selecting Private ADR by Robin Dale, Jackie Fitzhenry-Russell filed by Robin Dale, Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 11/13/2017) |
Filing 99 CLERK'S NOTICE VACATING HEARING set for 11/15/2017 re Defendants Dr. Pepper Snapple Group and Dr. Pepper/Seven Up, Inc.'s Motion to Certify September 22, 2017 Order for Interlocutory Appeal #92 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/7/2017) |
Filing 98 REPLY (re #92 MOTION for Leave to Appeal ) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 10/31/2017) |
Filing 97 AMENDED COMPLAINT Second Amended Consolidated Complaint against DOES 1-50, Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Filed byGegham Margaryan, Robin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Safier, Seth) (Filed on 10/31/2017) |
Filing 96 STIPULATION to File Second Amended Consolidated Complaint filed by Robin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit A)(Safier, Seth) (Filed on 10/31/2017) |
Filing 95 OPPOSITION/RESPONSE (re #92 MOTION for Leave to Appeal ) filed byRobin Dale, Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 10/24/2017) |
Filing 94 MOTION to Substitute Attorney Barbara Rohr filed by Patrick Gilburt, Arash Hashemi, Natasha Safaradi. (Heikali, Benjamin) (Filed on 10/24/2017) |
Filing 93 ADR Remark: ADR Phone Conference held on 10/23/2017 by Tamara Lange. (af, COURT STAFF) (Filed on 10/23/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 92 MOTION for Leave to Appeal filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. Motion Hearing set for 11/15/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. Responses due by 10/24/2017. Replies due by 10/31/2017. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Proposed Order)(Shapiro, Jonathan) (Filed on 10/10/2017) |
Filing 91 ANSWER to Amended Complaint (Consolidated Amended Class Action Complaint) byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 10/6/2017) |
Filing 90 Order denying #83 Discovery Letter Brief without prejudice entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 89 PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 9/26/2017. (lmh, COURT STAFF) (Filed on 9/26/2017) |
Filing 88 Proposed Order re #86 Order on Discovery Letter Brief, by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 9/25/2017) |
Filing 87 ORDER DENYING DR. PEPPER'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION; ORDER DENYING DR. PEPPER'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Re: Dkt. No. #74 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/22/2017) |
Filing 86 ORDER RESOLVING DISCOVERY DISPUTES AND SETTING DISCOVERY HEARING ON SEPTEMBER 27 AT 1:00 PM. Re: ECF #82 , #83 , and #85 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/21/2017) |
Filing 85 Joint Discovery Letter Brief on Plaintiffs' First Set of Requests for Production of Documents filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A- Plaintiff's First Set of Requests for Production, #2 Exhibit B- Defendant Dr Pepper Snapple Group, Inc.'s Responses and Objections to Plaintiffs' First Requests for Production of Documents and Things)(Shapiro, Jonathan) (Filed on 9/21/2017) |
Filing 84 CLERK'S NOTICE VACATING the hearing set for 9/27/2017 01:00 PM re Defendants' Motion to Dismiss Consolidated Amended Complaint Under Rules 12(B)(2), 12(B)(6), and 9(B), or Alternatively, Motion to Strike #74 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/21/2017) |
Set Deadlines as to Joint Discovery Letter Brief #83 : Motion Hearing set for 9/27/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 9/21/2017) |
Filing 83 Joint Discovery Letter Brief On Deposition Scheduling Issues filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A - Email Chain)(Underwood, Jessica) (Filed on 9/20/2017) |
Filing 82 Joint Discovery Letter BriefRegarding Protective Order filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit Disputed Protective Order)(Underwood, Jessica) (Filed on 9/20/2017) |
Filing 81 REPLY (re #74 MOTION to Dismiss Consolidated Amended Complaint Under Rules 12(B)(2), 12(B)(6), and 9(B), or Alternatively, Motion to Strike Under Rule 12(F) ) filed byDr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Underwood, Jessica) (Filed on 9/8/2017) |
Filing 80 CASE MANAGEMENT SCHEDULING ORDER: Deadline to amend pleadings and add parties is 10/31/2017; Further Case Management Conference set for 12/13/2017 in Courtroom 7, 4th Floor; Updated case management statement due 12/6/2017; Motion for class certification must be filed by 3/9/2018; opposition due 4/20/2018; reply due 5/30/2018; All non-expert discovery must be completed by 6/29/2018; Discovery of expert witnesses must be completed by 8/10/2018; Pretrial Conference set for 12/12/2018 02:00 PM in Courtroom 5, 4th Floor; Jury Trial set for 1/7/2019 09:00 AM in Courtroom 5, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 9/6/2017. (lmh, COURT STAFF) (Filed on 9/6/2017) |
Filing 79 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 9/6/2017: Counsel to continue to meet and confer; Motion hearing set for 9/27/2017 01:00 PM; Court to issue scheduling order. Plaintiffs' Attorney: Seth Safier. Defendants' Attorneys: Jonathan Shapiro, Rishi Satia. (FTR Time 10:08am - 10:17am.) This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 9/6/2017) |
Filing 78 ADR Remark: ADR Phone Conference held on 9/6/2017 with Tamara Lange. A further ADR Phone Conference is scheduled on 10/23/2017 at 10:00 AM. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 9/6/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 77 OPPOSITION/RESPONSE (re #74 MOTION to Dismiss Consolidated Amended Complaint Under Rules 12(B)(2), 12(B)(6), and 9(B), or Alternatively, Motion to Strike Under Rule 12(F) ) filed byRobin Dale, Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 9/1/2017) |
Filing 76 CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT STATEMENT filed by Dr Pepper/Seven Up, Inc., Dr. Pepper Snapple Group, Inc.. (Underwood, Jessica) (Filed on 8/31/2017) |
Filing 75 ORDER CONSOLIDATING RELATED CASES #73 . Signed by Judge Nathanael Cousins on 8/21/2017. (lmh, COURT STAFF) (Filed on 8/21/2017) |
Filing 74 MOTION to Dismiss Consolidated Amended Complaint Under Rules 12(B)(2), 12(B)(6), and 9(B), or Alternatively, Motion to Strike Under Rule 12(F) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. Motion Hearing set for 9/27/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 9/1/2017. Replies due by 9/8/2017. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Proposed Order)(Shapiro, Jonathan) (Filed on 8/18/2017) |
Filing 73 Joint MOTION to Relate Case filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Proposed Order)(Shapiro, Jonathan) (Filed on 8/9/2017) |
Filing 72 ORDER REGARDING MINUTE ORDER ON DISCOVERY DISPUTE. Re: Dkt. No. 71 . Signed by Judge Nathanael Cousins on 8/1/2017. (lmh, COURT STAFF) (Filed on 8/1/2017) |
Filing 71 Order taking under advisement #70 Discovery Letter Brief entered by Magistrate Judge Nathanael M. Cousins. The Court has considered defendant's letter brief, but does amend the order that was issued after plaintiffs' submission. The Court need not enter into the fray of where and when and how counsel for the parties should discuss a case management plan. The Court expects the parties to work with each other in good faith to resolve procedural disputes. Fed. R. Civ. P. 1. (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 70 Discovery Letter Brief filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Shapiro, Jonathan) (Filed on 7/26/2017) |
Filing 69 ORDER ON FIRST DISCOVERY LETTER BRIEF. Re: Dkt. No. #68 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/26/2017) |
Filing 68 First Discovery Letter Brief filed by Robin Dale, Jackie Fitzhenry-Russell. (McCrary, Marie) (Filed on 7/25/2017) |
Filing 67 NOTICE of Voluntary Dismissal PATRICK GILBURTS NOTICE OF VOLUNTARY DISMISSAL OF CLASS ACTION COMPLAINT WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(i) by Patrick Gilburt (Rohr, Barbara) (Filed on 7/20/2017) |
Filing 66 AMENDED COMPLAINT Consolidated Amended Complaint against All Defendants. Filed byRobin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Safier, Seth) (Filed on 7/19/2017) |
Filing 65 NOTICE of Voluntary Dismissal NATASHA SAFARADIS NOTICE OF VOLUNTARY DISMISSAL OF CLASS ACTION COMPLAINT WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(i) by Patrick Gilburt, Arash Hashemi, Natasha Safaradi (Rohr, Barbara) (Filed on 7/17/2017) |
Filing 64 NOTICE of Voluntary Dismissal ARASH HASHEMIS NOTICE OF VOLUNTARY DISMISSAL OF CLASS ACTION COMPLAINT WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(i) by Patrick Gilburt, Arash Hashemi, Natasha Safaradi (Rohr, Barbara) (Filed on 7/17/2017) |
Filing 63 TRANSCRIPT ORDER for proceedings held on 06/28/2017 before Magistrate Judge Nathanael M. Cousins by Dr Pepper Snapple Group, Inc., for Court Reporter FTR - San Jose. (Shapiro, Jonathan) (Filed on 7/14/2017) |
Filing 62 Transcript of Proceedings of the official sound recording held on 06/28/17, before Magistrate Judge Nathanael Cousins. FTR/Transcriber Echo Reporting, Inc., telephone number 8584537590. Tape Number: FTR 3:10 - 3:19/3:22 - 3:43. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #61 Transcript Order, ) Redaction Request due 8/3/2017. Redacted Transcript Deadline set for 8/14/2017. Release of Transcript Restriction set for 10/11/2017. (Related documents(s) #61 ) (tgb, COURT STAFF) (Filed on 7/13/2017) |
Filing 61 TRANSCRIPT ORDER for proceedings held on 6/28/2017 before Magistrate Judge Nathanael M. Cousins by Patrick Gilburt, Arash Hashemi, Natasha Safaradi, for Court Reporter FTR - San Jose. (Rohr, Barbara) (Filed on 7/13/2017) (TRANSCRIBER: ECHO REPORTING) Modified on 7/13/2017 (lmh, COURT STAFF). |
Filing 60 ORDER APPOINTING GUTRIDE SAFIER LLP AS INTERIM LEAD COUNSEL. Re: Dkt. No. #49 in 5:17-cv-00564. Signed by Judge Nathanael Cousins on 6/28/2017. (lmh, COURT STAFF) (Filed on 6/28/2017) |
Filing 59 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Motion Hearing held on 6/28/2017: 17-cv-00564 - Motion to Stay, Dkt. #48 , DENIED.Motion to Appoint Counsel, Dkt. #49 , GRANTED. Separate order to issue. Plaintiffs' Attorney: Seth Safier. Defendants' Attorney: Jonathan Shapiro. 17-cv-02341 - Motion to consolidate cases, Dkt. No. 40 , GRANTED.Stipulation to Consolidate, Dkt. No. #52 , denied as moot in light of consolidation motion. Plaintiffs' Attorneys: Timothy Peter, Ben Heikali. Defendants' Attorney: Jonathan Shapiro. Therefore, plaintiff to file consolidated complaint by 7/19/2017. Further case management conference set for 9/6/2017 10:00 AM. Updated case management statement due 8/31/2017. (FTR Time 3:10pm-3:19pm/3:22pm-3:42pm.) This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 6/28/2017) |
Filing 58 OPPOSITION/RESPONSE (re #49 MOTION to Appoint Counsel GUTRIDE SAFIER LLP AS INTERIM LEAD COUNSEL ) PLAINTIFFS HASHEMI, SAFARADI, AND GILBURTS OPPOSITION TO PLAINTIFFS FITZHENRY-RUSSELL AND DALES MOTION TO APPOINT GUTRIDE SAFIER LLP INTERIM CLASS COUNSEL filed byPatrick Gilburt, Arash Hashemi, Natasha Safaradi. (Attachments: #1 Declaration Timothy J. Peter, attached Ex. A-D)(Rohr, Barbara) (Filed on 6/23/2017) |
Filing 57 OPPOSITION/RESPONSE (re #48 MOTION to Stay Follow-On Case ) PLAINTIFFS HASHEMI, SAFARADI, AND GILBURTS OPPOSITION TO PLAINTIFFS FITZHENRY-RUSSELL AND DALES MOTION TO STAY FOLLOW-ON CASE filed byArash Hashemi, Patrick Gilburt, Natasha Safaradi. (Attachments: #1 Declaration Timothy J. Peter)(Rohr, Barbara) (Filed on 6/23/2017) |
Filing 56 OPPOSITION/RESPONSE (re #48 MOTION to Stay Follow-On Case ) filed byDr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 6/23/2017) |
Filing 55 OPPOSITION/RESPONSE (re #49 MOTION to Appoint Counsel GUTRIDE SAFIER LLP AS INTERIM LEAD COUNSEL ) filed byDr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 6/23/2017) |
Filing 54 OPPOSITION/RESPONSE (re #48 MOTION to Stay Follow-On Case, #49 MOTION to Appoint Counsel GUTRIDE SAFIER LLP AS INTERIM LEAD COUNSEL ) filed byRobin Dale, Jackie Fitzhenry-Russell. (McCrary, Marie) (Filed on 6/23/2017) |
Filing 53 CLERK'S NOTICE SETTING Motion to Stay #48 , Motion to Appoint Counsel #49 and Further Case Management Conference for 6/28/2017 03:00 PM before Judge Cousins in Courtroom 7, 4th Floor, San Jose. Defendant and Plaintiff Hashemi, in 17-2341, to file responses to the motions by 6/23. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/16/2017) |
Filing 52 ORDER GRANTING MOTION TO RELATE CASES 5:17-cv-00564, Fitzhenry-Russell v. Dr. Pepper Snapple Group, with 17-cv-02341, Hashemi v. Dr. Pepper Snapple Group #47 , with the Hashemi case assigned to Judge Cousins. Signed by Judge Nathanael Cousins on 6/16/2017. (lmh, COURT STAFF) (Filed on 6/16/2017) |
Filing 51 JOINT CASE MANAGEMENT STATEMENT filed by Robin Dale, Jackie Fitzhenry-Russell. (McCrary, Marie) (Filed on 6/16/2017) |
Filing 50 MOTION to Dismiss First Amended Complaint filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. Motion Hearing set for 7/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 6/30/2017. Replies due by 7/7/2017. (Attachments: #1 Supplement Memorandum in Support of Motion to Dismiss First Amended Complaint, #2 Proposed Order on Motion to Dismiss First Amended Complaint)(Shapiro, Jonathan) (Filed on 6/16/2017) |
Filing 49 MOTION to Appoint Counsel GUTRIDE SAFIER LLP AS INTERIM LEAD COUNSEL filed by Robin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Declaration, #2 Proposed Order)(McCrary, Marie) (Filed on 6/15/2017) |
Filing 48 MOTION to Stay Follow-On Case filed by Robin Dale, Jackie Fitzhenry-Russell. Motion Hearing set for 7/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 6/29/2017. Replies due by 7/6/2017. (Attachments: #1 Proposed Order)(McCrary, Marie) (Filed on 6/15/2017) |
Filing 47 ADMINISTRATIVE MOTION CONSIDER WHETHER CASES SHOULD BE RELATED filed by Robin Dale, Jackie Fitzhenry-Russell. Responses due by 6/19/2017. (Attachments: #1 Declaration Seth A. Safier, #2 Proposed Order)(McCrary, Marie) (Filed on 6/15/2017) |
Filing 46 NOTICE by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shapiro, Jonathan) (Filed on 6/14/2017) |
Filing 45 STIPULATION Extending Time to Respond to Amended Complaint Pursuant to Civil Local Rule 6-1 filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 6/8/2017) |
Filing 44 ADR Remark: ADR Phone Conference held by Tamara Lange on May 2, and June 7, 2017. A further ADR Phone Conference is scheduled on September 6, 2017, at 11:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 6/8/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
Filing 43 NOTICE by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. (Attachments: #1 Exhibit A- Notice of Motion and Motion to Consolidate, #2 Exhibit B- Memorandum of Points and Authorities)(Shapiro, Jonathan) (Filed on 5/23/2017) |
Filing 42 AMENDED COMPLAINT against All Defendants. Filed byJackie Fitzhenry-Russell, Robin Dale. (Attachments: #1 Exhibit A, #2 Exhibit B)(Safier, Seth) (Filed on 5/10/2017) |
Filing 41 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, June 7, 2017, at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 5/3/2017) |
Filing 40 ADR Remark: ADR Phone Conference held by Tamara Lange on 5/2/2017. A further ADR Phone Conference is scheduled on 6/7/2017, at 3:00 PM Pacific time, in this case and also in civil case 17-02431 VC. Call-in information for both matters will be provided under separate cover. (af, COURT STAFF) (Filed on 5/3/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) Modified on 5/3/2017 (af, COURT STAFF). |
Filing 39 ORDER GRANTING STIPULATION TO RESCHEDULE #38 . Case Management Statement due by 6/16/2017. Case Management Conference set for 6/21/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 5/2/2017. (lmh, COURT STAFF) (Filed on 5/2/2017) (Additional attachment(s) added on 5/2/2017: #1 Corrected Order) (lmh, COURT STAFF). |
Filing 38 STIPULATION WITH PROPOSED ORDER filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Declaration of Jonathan Shapiro, #2 Proposed Order)(Shapiro, Jonathan) (Filed on 5/1/2017) |
Filing 37 Transcript of Proceedings held on 04/19/2017, before Magistrate Judge Nathanael Cousins. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, telephone number (415) 722-7045; email: leomank@gmail.com. FTR 1:12 p.m. - 1:53 p.m., 1:58 p.m. - 2:04 p.m. = 45 minutes. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #33 Transcript Order, #32 Transcript Order, ) Redaction Request due 5/22/2017. Redacted Transcript Deadline set for 5/31/2017. Release of Transcript Restriction set for 7/31/2017. (Related documents(s) #33 , #32 ) (Mankiewicz, Leo) (Filed on 4/30/2017) |
Filing 36 ORDER DENYING McCrary's MOTION FOR PRO HAC VICE. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/27/2017) |
Filing 35 APPLICATION FOR ADMISSION OF ATTORNEY MATTHEW THOMAS MCCRARY TO APPEAR PRO HAC VICE (CIVIL LOCAL RULE 11-) and (Proposed) Order ( Filing fee $ 310, receipt number 0971-11332455.) filed by Robin Dale, Jackie Fitzhenry-Russell. (Attachments: #1 Certificate of Good Standing)(McCrary, Matthew) (Filed on 4/21/2017) Modified on 4/21/2017 (bwS, COURT STAFF). |
Filing 34 ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, May 2, 2017, at 4:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/20/2017) |
Filing 33 TRANSCRIPT ORDER for proceedings held on 04/19/2017 before Magistrate Judge Nathanael M. Cousins by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc., for Court Reporter FTR - San Jose. (Shapiro, Jonathan) (Filed on 4/20/2017) (TRANSCRIBER: LEO MANKIEWICZ) Modified on 4/20/2017 (lmh, COURT STAFF). |
Filing 32 TRANSCRIPT ORDER for proceedings held on 04/19/17 before Magistrate Judge Nathanael M. Cousins by Robin Dale, Jackie Fitzhenry-Russell, for Court Reporter FTR - San Jose. (Safier, Seth) (Filed on 4/20/2017) (TRANSCRIBER: LEO MANKIEWICZ) Modified on 4/20/2017 (lmh, COURT STAFF). |
Filing 31 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing held on 4/19/2017: Court grants in part and denies in part Motion to Dismiss #16 ; Plaintiff to file amended complaint within 14 days; and Court denies Motion to Strike #17 . Plaintiffs' Attorneys: Adam Gurtied, Seth Safier. Defendants' Attorney: Jonathan Shapiro. (FTR 1:12pm - 1:53pm/1:58pm-2:04pm.)This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 4/19/2017). |
Filing 30 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Safier, Seth) (Filed on 4/19/2017) |
Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Safier, Seth) (Filed on 4/19/2017) |
Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Safier, Seth) (Filed on 4/19/2017) |
Filing 27 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Shapiro, Jonathan) (Filed on 4/19/2017) |
Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shapiro, Jonathan) (Filed on 4/19/2017) |
Filing 25 ORDER GRANTING APPLICATION for Admission of Attorney Jessica E. Underwood Pro Hac Vice #20 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/16/2017) |
Filing 24 REPLY (re #16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B) ) filed byDr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 3/14/2017) |
Filing 23 REPLY (re #17 MOTION to Strike #16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B) UNDER RULE 12(F) ) filed byDr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 3/14/2017) |
Filing 22 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B), #17 MOTION to Strike #16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B) UNDER RULE 12(F) ) filed byRobin Dale, Jackie Fitzhenry-Russell. (Safier, Seth) (Filed on 3/7/2017) |
Filing 21 CLERK'S NOTICE CONTINUING HEARING RE: Motion to Dismiss #16 and Motion to Strike #17 to 4/19/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lmh, COURT STAFF) (Filed on 3/6/2017) |
Filing 20 MOTION for leave to appear in Pro Hac Vice for Jessica E. Underwood ( Filing fee $ 310, receipt number 0971-11198382.) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Underwood, Jessica) (Filed on 3/2/2017) |
Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jackie Fitzhenry-Russell.. (Safier, Seth) (Filed on 2/22/2017) |
Filing 18 CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 2/28/2017. 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. (lmh, COURT STAFF) (Filed on 2/22/2017) |
Reset Deadlines as to Motion to Dismiss #16 and Motion to Strike #17 : Motion Hearing set for 4/5/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 2/22/2017) |
Filing 17 MOTION to Strike #16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B) UNDER RULE 12(F) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. Motion Hearing set for 4/5/2017 01:00 PM in Courtroom 7, 19th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 3/7/2017. Replies due by 3/14/2017. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order Proposed Order)(Shapiro, Jonathan) (Filed on 2/21/2017) |
Filing 16 MOTION to Dismiss UNDER RULES 12(B)(1), 12(B)6, AND 9(B) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. Motion Hearing set for 4/5/2017 01:00 PM in Courtroom 7, 19th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Responses due by 3/7/2017. Replies due by 3/14/2017. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order Proposed Order)(Shapiro, Jonathan) (Filed on 2/21/2017) |
Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc... (Shapiro, Jonathan) (Filed on 2/16/2017) |
Filing 14 ORDER GRANTING APPLICATION for Admission of Attorney Van H. Beckwith Pro Hac Vice #10 Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/7/2017) |
Filing 13 ORDER GRANTING STIPULATION to Extend Time to Respond to Complaint #12 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/7/2017) |
Filing 12 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint (Agreed) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Proposed Order)(Shapiro, Jonathan) (Filed on 2/7/2017) |
Filing 11 CERTIFICATE OF SERVICE by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. of Order Setting Initial CMC/ADR Deadlines; ALL Standing Orders (4 total); Notice of Assignment of Magistrate Judge; and Brochure Consenting to the Jurisdiction of Magistrate Judge (Shapiro, Jonathan) (Filed on 2/7/2017) |
Filing 10 MOTION for leave to appear in Pro Hac Vice for Van H. Beckwith ( Filing fee $ 310, receipt number 0971-11135195.) filed by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Beckwith, Van) (Filed on 2/7/2017) |
Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/3/2017. Case Management Conference set for 5/10/2017 10:00 AM. (cv, COURT STAFF) (Filed on 2/6/2017) |
Filing 8 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. 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 2/17/2017. (bwS, COURT STAFF) (Filed on 2/3/2017) |
Filing 7 AFFIDAVIT of Jonathan A. Shapiro in Support of Notice to State Court and Adverse Party of Removal to Federal Court by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc.. (Attachments: #1 Exhibit A - State Court Notice, #2 Exhibit B - Notice to Adverse Party)(Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 6 NOTICE by Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. to Adverse Party of Removal to Federal Court (Attachments: #1 Exhibit A - Notice of Removal)(Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 5 Statement Disclosure Statement by Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 4 Statement Disclosure Statement by Dr Pepper Snapple Group, Inc.. (Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 3 Certificate of Interested Entities by Dr Pepper/Seven Up, Inc. identifying Corporate Parent Dr Pepper Snapple Group, Inc. for Dr Pepper/Seven Up, Inc.. (Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 2 Certificate of Interested Entities by Dr Pepper Snapple Group, Inc. (Shapiro, Jonathan) (Filed on 2/3/2017) |
Filing 1 NOTICE OF REMOVAL from Superior Court CA, County of Santa Cruz. Their case number is 16CV03345. (Filing fee $400 receipt number 0971-11129178). Filed byDr Pepper/Seven Up, Inc., Dr Pepper Snapple Group, Inc.. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Declaration of David Falk, #3 Civil Cover Sheet)(Shapiro, Jonathan) (Filed on 2/3/2017) |
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