Balistreri et al v. McCormick & Company, Inc.
| Kelly Balistreri, Tony Michel, Tam Dang, Lance Snead, Jason Jordan, Frank Ortega and Hollie Pour |
| McCormick & Company, Inc. |
| 5:2022cv00349 |
| January 18, 2022 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 61
ORDER Granting #32 Motion to Dismiss. Signed by Judge Edward J. Davila on 9/13/2023. (ejdlc3, COURT STAFF) (Filed on 9/13/2023)
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Filing 60
NOTICE by McCormick & Company, Inc. Withdrawal of Appearance of Haihang Wang (Morgan, Shon) (Filed on 8/22/2023)
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Filing 59
NOTICE of Change of Address by Michael Liskow (Liskow, Michael) (Filed on 6/30/2023)
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Filing 58
NOTICE of Change of Address by Kevin Laukaitis (Laukaitis, Kevin) (Filed on 5/15/2023)
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Filing 57
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMcCormick & Company, Inc.. (Attachments: #1 Exhibit A)(Morgan, Shon) (Filed on 3/29/2023)
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Filing 56
NOTICE of Change of Address by Danielle Lynn Perry (Perry, Danielle) (Filed on 3/24/2023)
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Filing 55
NOTICE of Change In Counsel by L. Timothy Fisher Plaintiffs' Notice of Withdrawal of Attorney Sean L. Litteral (Fisher, L.) (Filed on 3/7/2023)
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Filing 54
CLERK'S NOTICE VACATING HEARING. Initial Case Management Conference set for 2/16/2023 is VACATED - to be reset, if necessary, following a decision on #32 Motion to Dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 2/9/2023)
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Filing 53
JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 2/3/2023)
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Filing 52
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMcCormick & Company, Inc.. (Attachments: #1 Exhibit A)(Morgan, Shon) (Filed on 1/23/2023)
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Filing 51
NOTICE of Change of Address by Kevin Laukaitis (Laukaitis, Kevin) (Filed on 1/3/2023)
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Filing 50
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 12/20/2022)
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Filing 49
CLERK'S NOTICE CONTINUING HEARING. Initial Case Management Conference set for 12/15/2022 is Continued to 2/16/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. Updated Joint Case Management Statement due by 2/3/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 12/13/2022)
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Filing 48
JOINT CASE MANAGEMENT STATEMENT filed by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 12/2/2022)
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Filing 47
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMcCormick & Company, Inc.. (Attachments: #1 Exhibit A)(Morgan, Shon) (Filed on 11/2/2022)
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Filing 46
RESPONSE re #45 Statement of Recent Decision by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 10/21/2022)
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Filing 45
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMcCormick & Company, Inc.. (Attachments: #1 Exhibit Exhibit A)(Morgan, Shon) (Filed on 10/18/2022)
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Filing 44
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMcCormick & Company, Inc.. (Attachments: #1 Exhibit A)(Morgan, Shon) (Filed on 10/17/2022)
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Filing 43
CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (ECF No. #32 ) before Judge Edward J. Davila previously noticed for 10/20/2022 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 10/20/2022 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 10/17/2022)
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Set/Reset Deadlines as to #32 MOTION to Dismiss . Motion Hearing set for 10/20/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (crr, COURT STAFF) (Filed on 10/5/2022)
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Filing 42
REPLY (re #32 MOTION to Dismiss ) filed byMcCormick & Company, Inc.. (Morgan, Shon) (Filed on 8/1/2022)
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Filing 41
STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byKelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Litteral, Sean) (Filed on 7/29/2022)
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Filing 40
ORDER SETTING DEADLINES FOR AMENDING PLEADINGS AND CLASS CERTIFICATION MOTION; CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Edward J. Davila on 7/1/2022. (ejdlc3, COURT STAFF) (Filed on 7/1/2022)
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Filing 39
JOINT CASE MANAGEMENT STATEMENT filed by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 7/1/2022)
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Set/Reset Deadline/Hearing per #40 Order. Initial Case Management Conference set for 12/15/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 12/5/2022. (crr, COURT STAFF) (Filed on 7/1/2022)
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Filing 38
OPPOSITION/RESPONSE (re #32 MOTION to Dismiss ) filed byKelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Litteral, Sean) (Filed on 6/30/2022)
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Filing 37
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Morgan, Shon) (Filed on 6/23/2022)
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Filing 36
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Fisher, L.) (Filed on 6/17/2022)
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Filing 35
Order Granting #34 Stipulation Extending Plaintiffs' Time to Respond to Motion to Dismiss and Defendant's Time to File Its Reply. Signed by Judge Edward J. Davila on 5/27/2022. (ejdlc3, COURT STAFF) (Filed on 5/27/2022)
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Set/Reset Deadlines as to #32 MOTION to Dismiss . Opposition due by 6/30/2022. Reply due by 8/1/2022. (crr, COURT STAFF) (Filed on 5/27/2022)
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Filing 34
STIPULATION WITH PROPOSED ORDER Extending Plaintiffs' Time to Respond to Motion to Dismiss and Defendant's Time to File Its Reply filed by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Fisher, L.) (Filed on 5/26/2022)
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Filing 33
Request for Judicial Notice re #32 MOTION to Dismiss filed byMcCormick & Company, Inc.. (Related document(s) #32 ) (Morgan, Shon) (Filed on 5/20/2022)
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Filing 32
MOTION to Dismiss filed by McCormick & Company, Inc.. Motion Hearing set for 10/20/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 6/3/2022. Replies due by 6/10/2022. (Attachments: #1 Declaration Morgan Declaration, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12)(Morgan, Shon) (Filed on 5/20/2022)
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Filing 31
ORDER Granting #30 Motion for Pro Hac Vice as to Gary E. Mason. Signed by by Judge Edward J. Davila on 4/18/2022. (crr, COURT STAFF) (Filed on 4/18/2022)
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Filing 30
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17093738.) filed by Kelly Balistreri, Tam Dang, Jason Jordan, Tony Michel, Frank Ortega, Hollie Pour, Lance Snead. (Mason, Gary) (Filed on 4/18/2022)
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Filing 29
NOTICE of Appearance by Danielle Lynn Perry (Perry, Danielle) (Filed on 4/18/2022)
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Filing 28
AMENDED COMPLAINT (Consolidated Amended Class Action Complaint) against McCormick & Company, Inc.. Filed byTony Michel, Kelly Balistreri, Tam Dang, Lance Snead, Jason Jordan, Frank Ortega, Hollie Pour. (Fisher, L.) (Filed on 4/14/2022)
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Filing 27
Order Granting #26 Stipulation Extending Plaintiffs' Time to File Consolidated Amended Complaint and for Defendant to File Responsive Pleading. Signed by Judge Edward J. Davila on 3/29/2022. (ejdlc3, COURT STAFF) (Filed on 3/29/2022)
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Filing 26
STIPULATION WITH PROPOSED ORDER Extending Plaintiffs' Time to File Consolidated Amended Complaint and for Defendant to File Responsive Pleading filed by Kelly Balistreri, Tam Dang, Tony Michel. (Fisher, L.) (Filed on 3/29/2022)
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Filing 25
Order Granting #24 Stipulated Request for Continuance of CMC and Associated Deadlines *AS MODIFIED*. CMC continued to 7/14/2022 at 10:00 a.m. Statement due 7/1/2022. Signed by Judge Edward J. Davila on 3/25/2022. (ejdlc3, COURT STAFF) (Filed on 3/25/2022)
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Filing 24
STIPULATION WITH PROPOSED ORDER re 9 Clerk's Notice,, Continuance of Case Management Conference and Associated Deadlines filed by McCormick & Company, Inc.. (Morgan, Shon) (Filed on 3/24/2022)
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Filing 23
Order Granting Admission Pro Hac Vice as to Kevin Laukaitis. Signed by Judge Edward J. Davila on 3/18/2022. (crr, COURT STAFF) (Filed on 3/18/2022)
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Filing 22
MOTION for leave to appear in Pro Hac Vice for Attorney Kevin Laukaitis ( Filing fee $ 317, receipt number ACANDC-16992143.) filed by Tam Dang. (Laukaitis, Kevin) (Filed on 3/15/2022)
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Filing 21
NOTICE of Appearance by Michael Liskow (Liskow, Michael) (Filed on 3/7/2022)
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Filing 20
ORDER GRANTING #19 Motion for for Admission Pro Hac Vice as to Lori G. Feldman. Signed by Judge Edward J. Davila on March 4, 2022. (crr, COURT STAFF) (Filed on 3/4/2022).
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Filing 19
MOTION for leave to appear in Pro Hac Vice for Attorney Lori G. Feldman ( Filing fee $ 317, receipt number ACANDC-16956702.) filed by Kelly Balistreri, Tony Michel. (Feldman, Lori) (Filed on 3/3/2022)
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Filing 18
Order #16 Consolidating Cases. Signed by Judge Edward J. Davila on 3/1/2022. (ejdlc3, COURT STAFF) (Filed on 3/1/2022)
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Filing 17
Order Granting #15 Motion to Relate Case. Signed by Judge Edward J. Davila on 3/1/2022. (ejdlc3, COURT STAFF) (Filed on 3/1/2022)
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Filing 16
STIPULATION WITH PROPOSED ORDER re #1 Complaint Consolidating Cases filed by McCormick & Company, Inc.. (Morgan, Shon) (Filed on 2/22/2022)
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Filing 15
MOTION to Relate Case filed by Kelly Balistreri, Tony Michel. (Attachments: #1 Declaration of L. Timothy Fisher, #2 Proposed Order, #3 Certificate/Proof of Service)(Fisher, L.) (Filed on 2/10/2022)
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Filing 14
NOTICE of Appearance by Haihang Wang (Wang, Haihang) (Filed on 2/7/2022)
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Filing 13
Certificate of Interested Entities by McCormick & Company, Inc. (Morgan, Shon) (Filed on 2/7/2022)
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Filing 12
NOTICE of Appearance by Shon Morgan (Morgan, Shon) (Filed on 2/7/2022)
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Filing 11
STIPULATION re #1 Complaint Extension of Time to Respond filed by McCormick & Company, Inc.. (Morgan, Shon) (Filed on 2/7/2022)
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Filing 10
SUMMONS Returned Executed by Kelly Balistreri, Tony Michel. McCormick & Company, Inc. served on 1/21/2022, answer due 2/11/2022. (Fisher, L.) (Filed on 1/25/2022)
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Filing 9
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 4/4/2022. Initial Case Management Conference set for 4/14/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. (This is a text-only entry generated by the court. There is no document associated with this entry.)(mll, COURT STAFF) (Filed on 1/20/2022)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case, Reassignment Order signed by Clerk on 1/20/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 1/20/2022)
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Filing 7
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) (Filed on 1/20/2022)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kelly Balistreri, Tony Michel.. (Fisher, L.) (Filed on 1/19/2022)
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Filing 5
Summons Issued as to McCormick & Company, Inc. (mcl, COURT STAFF) (Filed on 1/19/2022)
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/12/2022. Initial Case Management Conference set for 4/19/2022 09:30 AM. (mcl, COURT STAFF) (Filed on 1/19/2022)
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Filing 3
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/2/2022. (jlg, COURT STAFF) (Filed on 1/19/2022)
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Filing 2
Proposed Summons. (Fisher, L.) (Filed on 1/18/2022)
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Filing 1
COMPLAINT against McCormick & Company, Inc. ( Filing fee $ 402, receipt number ACANDC-16815196.). Filed byKelly Balistreri, Tony Michel. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 1/18/2022)
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