Testone et al v. Barleans Organic Oils, LLC

Justia Dockets & Filings Ninth Circuit California Southern District Testone et al v. Barleans Organic Oils, LLC

Testone et al v. Barleans Organic Oils, LLC

Plaintiff:	Michael Testone, Collin Shanks and Lamartine Pierre
Defendant:	Barleans Organic Oils, LLC
Case Number:	3:2019cv00169
Filed:	January 24, 2019
Court:	US District Court for the Southern District of California
Presiding Judge:	Ruth Bermudez Montenegro
Referring Judge:	Janis L Sammartino
2 Judge:	Bernard G Skomal
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity Action
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 6, 2023	Filing 135 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Collin Shanks, Lamartine Pierre, Michael Testone against Barleans Organic Oils, LLC (exs)
March 6, 2023	Filing 134 ORDER: (1) Granting #130 Motion for Attorneys' Fees, Costs, and Service Awards (2) Granting #131 Motion for Final Approval of Class Action Settlement. Signed by District Judge Ruth Bermudez Montenegro on 3/6/2023. (exs)
March 3, 2023	Filing 133 Minute Order. for proceedings held before District Judge Ruth Bermudez Montenegro:Final Approval Hearing held on 3/3/2023. #131 MOTION for Settlement Final Approval is GRANTED; #130 Motion for Attorney Fees, Costs, and Service Awards remains PENDING. Written Order to follow on all Motions. (Court Reporter/ECR Adrian Baule). (Plaintiff Attorney Paul Joseph).(Defendant Attorney Gabriel Hedrick). (no document attached) (ekb)
February 24, 2023	Filing 132 AFFIDAVIT in Support re #131 MOTION for Settlement Final Approval filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (jpp).
February 2, 2023	Filing 131 MOTION for Settlement Final Approval by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Declaration of Jeanne C. Finegan)(Joseph, Paul) (jpp).
January 5, 2023	Filing 130 MOTION for Attorney Fees , Costs, and Service Awards by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Michael Testone, #6 Declaration of Collin Shanks, #7 Declaration of Lamartine Pierre)(Joseph, Paul) (jpp).
November 10, 2022	Filing 129 ORDER (1) Granting Motion For Preliminary Approval Of Class Action Settlement; And (2) Setting Final Approval Hearing For March 3, 2023 AT 3:00 P.M. Signed by District Judge Ruth Bermudez Montenegro on 11/10/2022. (fth)
November 10, 2022	Filing 128 MINUTE ORDER: In light of Defendant's non-opposition to Plaintiffs' motion for preliminary approval of class action settlement (Doc. #126 ), the Court finds this matter suitable for determination on the papers submitted and without oral argument. See Civ. L.R. 7.1(d)(1). The Court hereby VACATES the hearing currently scheduled for November 21, 2022 at 10:00 AM. A written order will follow. IT IS SO ORDERED.
October 27, 2022	Filing 127 ORDER Setting Briefing Schedule on #126 Motion for approval of Class Action for Settlement. Signed by District Judge Ruth Bermudez Montenegro on 10/27/2022.(jpp)
October 25, 2022	Filing 126 MOTION for Settlement Preliminary Approval of Class Action Settlement by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit 1 - Settlement Agreement, #3 Exhibit 2 - Firm Resume)(Joseph, Paul) (jpp).
October 7, 2022	Filing 125 NOTICE OF CASE STATUS by Lamartine Pierre, Collin Shanks, Michael Testone (Joseph, Paul) (jpp).
September 6, 2022	Filing 124 ORDER: (1) Denying without prejudice Plaintiffs' motion for partial summary judgment; and (2) Requesting further update regarding settlement status. (Docs #108 , #123 ). Signed by District Judge Ruth Bermudez Montenegro on 9/06/2022. (jpp)
September 2, 2022	Filing 123 NOTICE OF SETTLEMENT STATUS by Lamartine Pierre, Collin Shanks, Michael Testone (Joseph, Paul) (jpp).
July 27, 2022	Filing 122 ORDER re: Notice of Settlement. Signed by District Judge Ruth Bermudez Montenegro on 07/27/2022.(jpp)
July 26, 2022	Filing 121 NOTICE of Settlement by Lamartine Pierre, Collin Shanks, Michael Testone (Joseph, Paul) (jpp).
April 6, 2022	Filing 120 ORDER OF TRANSFER. Judge Linda Lopez is no longer assigned. Case reassigned to Ruth Bermudez Montenegro for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 19cv169-RBM-BGS. Signed by Judge Linda Lopez on 4/6/2022.(ddf)
March 22, 2022	Filing 119 REPLY to Response to Motion re #108 MOTION for Partial Summary Judgment Plaintiffs' Reply in Support of Motion for Partial Summary Judgment filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Fitzgerald, Jack) (ddf).
March 22, 2022	Filing 118 NOTICE of Appearance by William L. Coggshall, III on behalf of Barleans Organic Oils, LLC (Coggshall, William)Attorney William L. Coggshall, III added to party Barleans Organic Oils, LLC (pty:dft) (ddf).
March 21, 2022	Filing 117 NOTICE of Appearance of Counsel by Lara Sue Garner on behalf of Barleans Organic Oils, LLC (Garner, Lara)Attorney Lara Sue Garner added to party Barleans Organic Oils, LLC (pty:dft) (ddf).
March 17, 2022	Filing 116 RESPONSE in Opposition re #108 MOTION for Partial Summary Judgment filed by Barleans Organic Oils, LLC. (Attachments: #1 Declaration of Gabriel G. Hedrick, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proof of Service)(Hedrick, Gabriel) (ddf).
March 10, 2022	Filing 115 ORDER Denying Joint Motion For Order Modifying Scheduling Order #114 . Signed by Magistrate Judge Bernard G. Skomal on 3/10/2022. (ddf).
March 7, 2022	Filing 114 Joint MOTION for Order Modifying Scheduling Order by Barleans Organic Oils, LLC. (Hedrick, Gabriel) (ddf).
March 1, 2022	Filing 113 ORDER Setting Briefing Schedule And Vacating Hearing Date. Signed by Judge Linda Lopez on 3/1/2022. (ddf)
February 28, 2022	Filing 112 Joint MOTION for Extension of Time to File Response/Reply as to #108 MOTION for Partial Summary Judgment by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (ddf).
February 11, 2022	Filing 111 NOTICE of Appearance by Caroline S. Emhardt on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Emhardt, Caroline)Attorney Caroline S. Emhardt added to party Lamartine Pierre(pty:pla), Attorney Caroline S. Emhardt added to party Collin Shanks(pty:pla), Attorney Caroline S. Emhardt added to party Michael Testone(pty:pla) (ddf).
January 4, 2022	Filing 110 ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Linda Lopez. All dates currently set before Judge Sammartino remain as scheduled before Judge Lopez. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 19cv169 LL (BGS). Signed by Judge Janis L. Sammartino on 01/04/2022.(jcj)
December 14, 2021	Filing 109 DECLARATION re #108 MOTION for Partial Summary Judgment by Plaintiffs Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5, #6 Exhibit No. 6, #7 Exhibit No. 7, #8 Exhibit No. 8, #9 Exhibit No. 9, #10 Exhibit No. 10, #11 Exhibit No. 11, #12 Exhibit No. 12)(Joseph, Paul) (dxf).
December 14, 2021	Filing 108 MOTION for Partial Summary Judgment by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (dxf).
December 9, 2021	Filing 107 Scheduling Order Regulating Expert Discovery And Other Pre-Trial Proceedings. Signed by Magistrate Judge Bernard G. Skomal on 12/9/2021.(dxf) (Main Document 107 replaced due to typo in caption on 12/16/2021) (tcf).
December 6, 2021	Filing 106 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: The Court held a Mandatory Settlement Conference on 12/6/2021. The case did not settle. If the parties' settlement positions change, they may jointly contact Judge Skomal's Chambers. Court to issue Scheduling Order as to the remaining pre-trial deadlines. (Plaintiff Attorney Paul Joseph, Jack Fitzgerald). (Defendant Attorney Gabriel Hedrick). (no document attached) (mrm)
November 15, 2021	Filing 105 NOTICE of Change of Hearing: Due to a conflict in the Court's calendar, the Mandatory Settlement Conference set for Wednesday, 11/17/2021 at 2:00 PM before Magistrate Judge Bernard G. Skomal is RESCHEDULED for Monday, 12/6/2021 at 2:00 PM. (no document attached) (mrm)
November 2, 2021	Filing 104 ORDER Granting #103 Joint Motion to Excuse Appearance of Plaintiff Michael Testone at Mandatory Settlement Conference set for November 17, 2021. Signed by Magistrate Judge Bernard G. Skomal on 11/1/2021. (tcf)
October 27, 2021	Filing 103 Joint MOTION to Excuse Appearance of Plaintiff Michael Testone at November 17, 2021 Mandatory Settlement Conference, by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (tcf).
October 18, 2021	Filing 102 ORDER Granting #101 Joint Motion for Continuance of Mandatory Settlement Conference. The Mandatory Settlement Conference is continued from 10/21/2021 to 11/17/2021 at 2:00 PM before Magistrate Judge Bernard G. Skomal. The conference will be held by video conference. Signed by Magistrate Judge Bernard G. Skomal on 10/18/2021. (tcf)
October 11, 2021	Filing 101 Joint MOTION to Continue Mandatory Settlement Conference and Settlement Conference Brief Deadline by Barleans Organic Oils, LLC. (Attachments: #1 Proof of Service)(Hedrick, Gabriel) (tcf).
October 7, 2021	Filing 100 ORDER Setting Mandatory Settlement Conference. A Mandatory Settlement Conference is set for 10/21/2021 at 2:00 PM before Magistrate Judge Bernard G. Skomal via video conference. Signed by Magistrate Judge Bernard G. Skomal on 10/7/2021. (tcf)
October 4, 2021	Filing 99 ORDER Setting Status Conference. The Status Conference is set for Wednesday, 10/6/2021 at 1:00 PM before Magistrate Judge Bernard G. Skomal. Counsel for the parties are responsible for coordinating and initiating a JOINT call into chambers. Signed by Magistrate Judge Bernard G. Skomal on 10/4/2021. (tcf)
September 28, 2021	Filing 98 ORDER Granting Plaintiffs' Motion for Class Certification, (2) Granting in Part and Denying in Part Plaintiffs' Motion to Strike the Testimony of Sarah Butler, and (3) Overruling Defendant's Evidentiary Objections to the Reply Declarations of Colin B. Weir and J. Michael Dennis, Ph.D. (ECF Nos. 70, 86, 88, 89). Signed by Judge Janis L. Sammartino on 9/28/2021. (tcf)
August 4, 2021	Filing 97 NOTICE of SUPPLEMENTAL AUTHORITY by Lamartine Pierre, Collin Shanks, Michael Testone re #70 MOTION to Certify Class (Joseph, Paul) (tcf).
August 1, 2021	Filing 96 NOTICE OF WITHDRAWAL by Lamartine Pierre, Collin Shanks, Michael Testone (Kemler Vanden Bergh, Richelle) (tcf).
July 22, 2021	Filing 95 NOTICE of Vacated Hearing: In light of ECF No. 94, the Status Conference set for July 28, 2021 at 10:00 AM before Magistrate Judge Bernard G. Skomal is VACATED. Parties are to JOINTLY contact Judge Skomal's chambers within three days of a ruling on the Motion for Class Certification (ECF No. 70) to set a further Status Conference to discuss expert discovery and the setting of additional dates. (no document attached) (mrm)
June 28, 2021	Filing 94 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion to Certify Class #70 and to Strike Testimony of Sarah Butler #86 held and taken under submission. Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Paul K. Joseph / Defendant Attorney Gabriel G. Hedrick) (no document attached) (acr)
June 17, 2021	Filing 93 REPLY to Response to Motion re #86 MOTION to Strike Testimony of Sarah Butler filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (tcf).
June 17, 2021	Filing 92 RESPONSE re #89 Objection by Barlean's to the Reply Declarations of Colin B. Weir and J. Michael Dennis, Ph.D. filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (tcf).
June 17, 2021	Filing 91 ORDER Regarding Hearing on #86 Plaintiffs' Motion to Strike the Testimony of Sarah Butler. The Court also RESETS the hearing on Plaintiffs' Motion to Strike to 6/28/2021 at 9:30 AM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 6/17/2021. (tcf)
June 10, 2021	Filing 90 ORDER Sua Sponte Resetting Hearing on #70 Plaintiffs' Motion for Class Certification. To accommodate the Court's schedule, the Court sua sponte RESETS the hearing on the Motion to 6/28/2021 at 9:30 AM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 6/10/2021. (tcf)
June 10, 2021	Filing 89 OBJECTION by Barleans Organic Oils, LLC re #85 Reply to Response to Motion, re: Declaration of J. Michael Dennis, Ph.D. (Attachments: #1 Proof of Service)(Hedrick, Gabriel) (tcf).
June 10, 2021	Filing 88 OBJECTION by Barleans Organic Oils, LLC re #85 Reply to Response to Motion, re: Declaration of Colin B. Weir (Attachments: #1 Proof of Service)(Hedrick, Gabriel) (tcf).
June 10, 2021	Filing 87 RESPONSE in Opposition re #86 MOTION to Strike Testimony of Sarah Butler filed by Barleans Organic Oils, LLC. (Attachments: #1 Declaration of Gabriel G. Hedrick, #2 Proof of Service)(Hedrick, Gabriel) (tcf).
May 27, 2021	Filing 86 MOTION to Strike Testimony of Sarah Butler by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph & Ex. 1)(Joseph, Paul) (tcf).
May 27, 2021	Filing 85 REPLY to Response to Motion re #70 MOTION to Certify Class filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Dr. J. Michael Dennis, #2 Declaration of Colin B. Weir)(Joseph, Paul) (tcf).
May 18, 2021	Filing 84 NOTICE of Appearance by Richelle Lynn Kemler Vanden Bergh on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Kemler Vanden Bergh, Richelle)Attorney Richelle Lynn Kemler Vanden Bergh added to party Lamartine Pierre(pty:pla), Attorney Richelle Lynn Kemler Vanden Bergh added to party Collin Shanks(pty:pla), Attorney Richelle Lynn Kemler Vanden Bergh added to party Michael Testone(pty:pla) (tcf).
May 10, 2021	Filing 83 NOTICE of Change of Address by Jack Fitzgerald (Fitzgerald, Jack) (tcf).
May 3, 2021	Filing 82 NOTICE of Change of Hearing: In light of ECF No. 77, the Telephonic Status Conference set for Monday, 5/3/2021 at 10:00 AM before Magistrate Judge Bernard G. Skomal is RESCHEDULED for Wednesday, 7/28/2021 at 10:00 AM.(no document attached) (mrm)
April 22, 2021	Filing 81 RESPONSE in Opposition re #70 MOTION to Certify Class filed by Barleans Organic Oils, LLC. (Attachments: #1 Declaration of Gabriel Hedrick, #2 Proof of Service)(Hedrick, Gabriel) (tcf).
April 19, 2021	Filing 80 ORDER Granting #79 Motion to Withdraw Estevan Lucero as Attorney of Record for Plaintiffs and Discharging April 13, 2021 Order to Show Cause. Signed by Judge Janis L. Sammartino on 4/19/2021. (tcf)
April 16, 2021	Filing 79 MOTION to Withdraw as Attorney Estevan Lucero by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Jack Fitzgerald)(Fitzgerald, Jack) (tcf).
April 13, 2021	Filing 78 ORDER TO SHOW CAUSE Why Attorney Estevan Lucero should not be Terminated as Counsel of Record for Plantiff. Plaintiffs SHALL FILE, within fourteen (14) days of the date on which this Order is electronically docketed, a motion to terminate Mr. Lucero as their attorney of record. Should Plaintiffs fail to comply with this Order, the Court will terminate Mr. Lucero as Plaintiffs' attorney of record in this matter sua sponte. Signed by Judge Janis L. Sammartino on 4/13/2021. (tcf)
March 11, 2021	Filing 77 ORDER (1) Granting #74 Defendant's Ex Parte Motion for Order Modifying Briefing Schedule on Plaintiffs' Certification and (2) Amending Briefing Schedule and Hearing Date. The Court GRANTS Defendant's Ex Parte Motion and extends the deadline for Defendant to oppose Plaintiffs' Motion for Class Certification by three (3) weeks to 4/22/2021. However, in the interest of fairness, the Court reciprocally will extend the time for Plaintiffs to file their reply by three (3) weeks, to 5/27/2021. To accommodate the Court's schedule and give it adequate time to prepare for the hearing, the Court RESETS the hearing on the Motion for Class Certification to 6/24/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 3/11/2021. (tcf)
March 10, 2021	Filing 76 RESPONSE in Opposition re #74 Ex Parte MOTION to Continue Modify Briefing Schedule filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit 1 to Joseph Declaration)(Joseph, Paul) (tcf).
March 10, 2021	Filing 75 ORDER Directing Plaintiffs to File Opposition, if any, to Defendant's Ex Parte Motion (ECF No. #74 ). The Court DIRECTS Plaintiffs to file their opposition, if any, to the Ex Parte Motion on or before 3/11/2021, at which point the Court will decide the Ex Parte Motion on the papers, without oral argument. Signed by Judge Janis L. Sammartino on 3/10/2021. (tcf)
March 8, 2021	Filing 74 Ex Parte MOTION to Continue Modify Briefing Schedule by Barleans Organic Oils, LLC. (Attachments: #1 Declaration, #2 Proof of Service)(Hedrick, Gabriel) (tcf).
March 4, 2021	Filing 73 ORDER Granting #72 Joint Motion Stipulating to Considering Plaintiffs' Class Certification Filing Timely. Signed by Judge Janis L. Sammartino on 3/4/2021. (tcf)
March 3, 2021	Filing 72 Joint MOTION to Consider Plaintiffs' Class Certification Motion Timely Filed Due to Technical Difficulties re #70 MOTION to Certify Class by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph and Exs. 1-2 thereto)(Joseph, Paul) (tcf).
March 3, 2021	Filing 71 ORDER Setting Briefing Schedule re #70 Plaintiffs' MOTION for Class Certification. Defendant Barlean's Organic Oils, LLC SHALL FILE any opposition to the Motion on or before 4/1/2021. Plaintiffs MAY FILE their reply, if any, on or before 4/15/2021. Signed by Judge Janis L. Sammartino on 3/3/2021. (tcf)
March 2, 2021	Filing 70 MOTION to Certify Class by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Paul K. Joseph, #3 Exhibit Nos. 1-2 to Joseph Decl., #4 Exhibit No. 3 (part 1) to Joseph Decl., #5 Exhibit No. 3 (part 2) to Joseph Decl., #6 Exhibit No. 3 (part 3) to Joseph Decl., #7 Exhibit No. 4 to Joseph Decl., #8 Exhibit No. 5 to Joseph Decl., #9 Exhibit Nos. 6-15 to Joseph Decl., #10 Declaration of Collin Shanks, #11 Declaration of Michael Testone, #12 Declaration of LaMartine Pierre, #13 Declaration of Expert Dr. Michael Greger, #14 Declaration of Expert J. Michael Dennis, #15 Declaration of Expert Colin B. Weir, #16 Proof of Service)(Joseph, Paul) (tcf).
January 11, 2021	Filing 69 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Judge Skomals Order re Rule 30(B)(6) Discovery Dispute indicated that parties were to contact Chambers within 3 days of the stay being lifted to set a deadline for Defendant's response. (ECF No. 56.) On 1/4/2021, the stay was lifted. (ECF No. 64.) On 1/7/2021, Counsel jointly contacted the Chambers of Judge Skomal to discuss the timing of Defendant's response to the disputed portion of Topic 14. Accordingly, Defendant has until to 1/29/2021 to respond in the form of an answer to an interrogatory as to the disputed portion of Topic 14. (See ECF No. 56 at 5-6.)(Plaintiff Attorney Paul K. Joseph, Jack Fitzgerald). (Defendant Attorney Gabriel G. Hedrick). (no document attached) (mrm)
January 11, 2021	Filing 68 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A telephonic, attorneys' only Status Conference is set for 5/3/2021 at 10:00 AM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 1/11/2021. (tcf)
January 7, 2021	Filing 67 ORDER Granting #65 Motion to Substitute Attorney. Barleans Organic Oils, LLC substitutes Miles D. Scully as counsel of record in place of Marylin Jenkins. Signed by Judge Janis L. Sammartino on 1/7/2021. (tcf)
January 6, 2021	Filing 66 NOTICE of Appearance by Gabriel G. Hedrick on behalf of Barleans Organic Oils, LLC (Hedrick, Gabriel)Attorney Gabriel G. Hedrick added to party Barleans Organic Oils, LLC (pty:dft) (tcf).
January 6, 2021	Filing 65 MOTION to Substitute Attorney by Barleans Organic Oils, LLC. (Scully, Miles)Attorney Miles D Scully added to party Barleans Organic Oils, LLC (pty:dft) QC mailer sent re: proposed order filed in CM/ECF (tcf).
January 4, 2021	Filing 64 ORDER: (A) Denying Defendant's Motion (1) To Disqualify Named Plaintiffs as Class Representatives, (2) To Disqualify Plaintiffs' Attorneys as Class Counsel, and (3) For Stay of Action Pending Determination by Court; (B) Denying Plaintiffs' Rule 11 Motion for Sanctions; and (C) Lifting Stay (ECF Nos. #50 , #51 , #57 ). Signed by Judge Janis L. Sammartino on 1/4/2021. (tcf)
July 24, 2020	Filing 63 ORDER vacating hearing and taking matters under submission without oral argument. (ECF Nos. #50 , #51 , #57 ). Signed by Judge Janis L. Sammartino on 7/24/2020.(jpp)
July 23, 2020	Filing 62 RESPONSE in Support re #57 MOTION for Sanctions Pursuant to Rule 11 filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Jack Fitzgerald, #2 Exhibit Nos. 1-2)(Joseph, Paul) (jpp).
July 16, 2020	Filing 61 RESPONSE in Opposition re #57 MOTION for Sanctions Pursuant to Rule 11 filed by Barleans Organic Oils, LLC. (Attachments: #1 Declaration Declaration of Marylin Jenkins, #2 Exhibit Exhibits A through H)(Jenkins, Marylin) (jpp).
July 2, 2020	Filing 60 ORDER continuing hearing on Defendant's motion to disqualify to 7/30/2020 at 1:30pm, (ECF Nos. #50 , #51 , #57 ). Signed by Judge Janis L. Sammartino on 7/02/2020.(jpp)
July 2, 2020	Filing 59 REPLY to Response to Motion re #50 MOTION to Disqualify Counsel and Plaintiffs filed by Barleans Organic Oils, LLC. (Attachments: #1 Declaration Supplemental Declaration of Jenkins, #2 Exhibit Exhibits Supp A to Supp E, #3 Memo of Points and Authorities Oppos to Evidentiary Objection)(Jenkins, Marylin) (jpp).
June 25, 2020	Filing 58 RESPONSE in Opposition re #50 MOTION to Disqualify Counsel and Plaintiffs filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit Nos. 1-6, #3 Declaration of Collin Shanks, #4 Declaration of Michael Testone, #5 Declaration of Lamartine Pierre, #6 Evidentiary Objections)(Joseph, Paul) (jpp).
June 19, 2020	Filing 57 MOTION for Sanctions Pursuant to Rule 11 by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Memo of Points and Authorities in Support of Rule 11 Motion for Sanctions, #2 Declaration of Jack Fitzgerald)(Fitzgerald, Jack) (jpp).
June 2, 2020	Filing 56 ORDER re Rule 30(b)(6) discovery dispute. Signed by Magistrate Judge Bernard G. Skomal on 6/02/2020.(jpp)
May 29, 2020	Filing 55 ORDER granting #52 Defendant's ex parte application to stay case until Defendant's motion to disqualify has been decided. Signed by Judge Janis L. Sammartino on 5/29/2020. (jpp) (dlg).
May 28, 2020	Filing 54 REPLY to Response to Motion re #52 Ex Parte MOTION to Stay Case filed by Barleans Organic Oils, LLC. (Attachments: #1 Supplement Supplemental Declaration of Jenkins, #2 Exhibit A)(Jenkins, Marylin) (jpp).
May 28, 2020	Filing 53 RESPONSE in Opposition re #52 Ex Parte MOTION to Stay filed by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration, #2 Exhibit)(Joseph, Paul) (jpp).
May 26, 2020	Filing 52 Ex Parte MOTION to Stay by Barleans Organic Oils, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Jenkins, Marylin) (jpp).
May 21, 2020	Filing 51 MOTION to Disqualify Counsel and Plaintiffs by Barleans Organic Oils, LLC. (Attachments: #1 Declaration Amended Dec of Jenkins)(Jenkins, Marylin) (jpp).
May 18, 2020	Filing 50 MOTION to Disqualify Counsel and Plaintiffs by Barleans Organic Oils, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Declaration of Jenkins, #3 Exhibit Exhibit A to Jenkins Dec, #4 Exhibit Exhibit B to Jenkins Dec, #5 Exhibit Exhibit C to Jenkins Dec, #6 Exhibit Exhibit D to Jenkins Dec, #7 Exhibit Exhibit E to Jenkins Dec, #8 Exhibit Exhibit F to Jenkins Dec, #9 Exhibit Exhibit G to Jenkins Dec, #10 Exhibit Exhibit H to Jenkins Dec, #11 Exhibit Exhibit I to Jenkins Dec, #12 Exhibit Exhibit J to Jenkins Dec, #13 Exhibit Exhibit K to Jenkins Dec, #14 Exhibit Exhibit L to Jenkins Dec, #15 Exhibit Exhibit M to Jenkins Dec, #16 Exhibit Exhibit N to Jenkins Dec, #17 Exhibit Exhibit O to Jenkins Dec, #18 Exhibit Exhibit P to Jenkins Dec, #19 Exhibit Exhibit Q to Jenkins Dec, #20 Exhibit Exhibit R to Jenkins Dec, #21 Exhibit Exhibit S to Jenkins Dec, #22 Exhibit Exhibit T to Jenkins Dec, #23 Exhibit Exhibit U to Jenkins Dec, #24 Exhibit Exhibit V to Jenkins Dec, #25 Exhibit Exhibit W to Jenkins Dec, #26 Exhibit Exhibit X to Jenkins Dec, #27 Exhibit Exhibit Y to Jenkins Dec, #28 Exhibit Exhibit Z to Jenkins Dec, #29 Exhibit Exhibit AA to Jenkins Dec, #30 Exhibit Exhibit BB to Jenkins Dec, #31 Exhibit Exhibit CC to Jenkins Dec, #32 Exhibit Exhibit DD to Jenkins Dec, #33 Exhibit Exhibit EE to Jenkins Dec, #34 Exhibit Exhibit FF to Jenkins Dec, #35 Exhibit Exhibit GG to Jenkins Dec, #36 Exhibit Exhibit HH to Jenkins Dec, #37 Exhibit Exhibit II to Jenkins Dec, #38 Exhibit Exhibit JJ to Jenkins Dec, #39 Exhibit Exhibit KK to Jenkins Dec, #40 Exhibit Exhibit LL to Jenkins Dec, #41 Affidavit Affidavit of Alex Herman, #42 Declaration Declaration of Bruce Barlean)(Jenkins, Marylin) (jpp).
May 15, 2020	Filing 48 ORDER Granting Defendant's Ex Parte Motion to File Under Seal Selected Exhibits [ECF No. #46 ]. Signed by Judge Janis L. Sammartino on 5/15/2020. (anh)
May 14, 2020	Filing 47 Docketed Under Seal as doc. no. #48 on 5/15/2020* SEALED LODGED Proposed Document re: #46 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Jenkins, Marylin) Modified on 5/18/2020 (anh). (Main Document 47 replaced on 5/18/2020) (anh).
May 13, 2020	Filing 46 MOTION to File Documents Under Seal (With attachments)(Jenkins, Marylin) QC Email: Sealed Lodged not filed. Proposed order not allowed on the docket. (anh).
May 11, 2020	Filing 45 NOTICE of Change of Address by Paul K. Joseph (Joseph, Paul) (jpp).
March 12, 2020	Filing 44 NOTICE of Change of Address by Marylin Jenkins (Jenkins, Marylin) (jpp).
March 11, 2020	Filing 43 ORDER granting #42 second Joint Motion for continuing fact discovery and class certification deadlines. Status Conference continued to 9/24/2020 at 9:00am. Signed by Magistrate Judge Bernard G. Skomal on 3/11/2020. (jpp)
March 4, 2020	Filing 42 Joint MOTION for Extension of Time to Complete Discovery by Barleans Organic Oils, LLC. (Jenkins, Marylin) (jpp).
February 25, 2020	Filing 41 Joint MOTION for Discovery Dispute Regarding 30(b)(6) Deposition of Defendant Barlean's by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Declaration of Paul K. Joseph, #2 Exhibit 1 to Joseph Declaration, #3 Exhibit 2 to Joseph Declaration)(Joseph, Paul) (jpp).
February 10, 2020	Filing 40 ORDER (1) granting in part #39 Motion for order continuing fact discovery and Class Certification and (2) Setting deadline for joint statement regarding 30(B)(6) discovery dispute. Status Conference continued to 6/24/2020 at 10:00am. Signed by Magistrate Judge Bernard G. Skomal on 2/10/2020. Modified on 2/10/2020 to replace image, nef resent to all parties. (jpp).
January 21, 2020	Filing 39 Joint MOTION for Extension of Time to Complete Discovery and Deadline for Filing Motion for Class Certification by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (jpp).
October 7, 2019	Filing 38 Minute Entry for proceedings held before the chambers of Magistrate Judge Bernard G. Skomal: On October 7, 2019, counsel engaged in a telephonic discovery conference with the chambers of Judge Skomal to discuss their failure to meet and confer regarding Defendant's use of a limited date range in its ESI searches for RFP responses. During the conference, counsel for the parties agreed to conduct a comprehensive meet and confer session that is to address all potential disputes stemming from Defendant's September 24, 2019 document production, including the limited date range issue. (Plaintiff Attorney Paul K. Joseph). (Defendant Attorney Marylin Jenkins). (no document attached) (ad1)
October 3, 2019	Filing 37 NOTICE of Hearing: On October 2, 2019, Plaintiffs counsel Paul K. Joseph informed the chambers of Judge Skomal that defense counsel has refused to meet and confer regarding a potential discovery dispute stemming from Defendant's use of a limited date range for ESI searches. Accordingly a TELEPHONIC, ATTORNEYS ONLY Discovery Conference with the chambers of Judge Skomal is set for October 7, 2019 at 11:00 AM. Plaintiffs counsel is responsible for coordinating and initiating the JOINT call into chambers at (619) 557-2993 at that time. (no document attached) (ad1)
September 10, 2019	Filing 36 ANSWER to Complaint First Amended Complaint by Barleans Organic Oils, LLC.(Jenkins, Marylin) (jpp).
September 4, 2019	Filing 35 AMENDED COMPLAINT with Jury Demand against Barleans Organic Oils, LLC, filed by Michael Testone, Collin Shanks, Lamartine Pierre. (Attachments: #1 Proof of Service) (Joseph, Paul) (jpp).
September 4, 2019	Filing 34 NOTICE OF WITHDRAWAL OF DOCUMENT 33, by Lamartine Pierre, Collin Shanks, Michael Testone INCORRECTLY E-FILED DKT. NO. 33. (Joseph, Paul) (jpp).
September 3, 2019	Filing 33 WITHDRAWN PER #34 - AMENDED DOCUMENT by Lamartine Pierre, Collin Shanks, Michael Testone. FIRST AMENDED CLASS ACTION COMPLAINT. (Attachments: #1 Proof of Service)(Joseph, Paul) Modified on 9/3/2019 to reflect incorrect filing event selected. QC email sent to attorney instructing to withdrawl filing and refile using correct event type (jpp).
August 27, 2019	Filing 32 ORDER granting #31 Joint Motion stipulation to Plaintiffs filing a First Amended Complaint. Signed by Judge Janis L. Sammartino on 8/27/2019. (jpp)
August 26, 2019	Filing 31 Joint MOTION for Leave to File a First Amended Complaint by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Paul) (jpp).
August 22, 2019	Filing 30 NOTICE of Change of Address by Marylin Jenkins (Jenkins, Marylin) (jpp).
August 15, 2019	Filing 29 ORDER granting #28 Stipulated Protective Order. Signed by Magistrate Judge Bernard G. Skomal on 8/15/2019. (jpp)
August 14, 2019	Filing 28 Joint MOTION for Protective Order by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Proof of Service)(Joseph, Paul) (jpp).
July 25, 2019	Filing 27 SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Telephonic attorneys only Status Conference set for 4/24/2020 at 10:00am. Signed by Magistrate Judge Bernard G. Skomal on 7/25/2019.(jpp)
July 18, 2019	Filing 26 ORDER granting #25 Joint Motion requesting leave for Plaintiff Lamartine Pierre to appear telephonically at the 7/24/2019 Early. Signed by Magistrate Judge Bernard G. Skomal on 7/18/2019. (jpp)
July 17, 2019	Filing 25 Joint MOTION for Leave to Appear Telephonically at the Early Neutral Evaluation Conference by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 [Proposed] Order Granting Joint Motion)(Fitzgerald, Jack) (jpp).
July 10, 2019	Filing 24 REPORT of Rule 26(f) Planning Meeting. (Joseph, Paul) (jrm).
July 8, 2019	Filing 23 NOTICE AND ORDER Resetting (1) Early Neutral Evaluation Conference and (2) Rule 26 Compliance and Case Management Conference. Early Neutral Evaluation set for 7/24/2019 01:30 PM before Magistrate Judge Bernard G. Skomal. Joint Discovery Plan shall be file and lodged with Magistrate Judge Skomal on or before 7/19/2019. Signed by Magistrate Judge Bernard G. Skomal on 07/08/2019.(mme)
July 2, 2019	Filing 22 ORDER GRANTING MOTION TO RETRANSFER CASE re #21 Motion to Reassign Case. Case reassigned to Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal for all further proceedings. Judge Barry Ted Moskowitz, Magistrate Judge Mitchell D. Dembin no longer assigned to the case. Signed by Judge Barry Ted Moskowitz on 7/2/2019. (sjm)
May 29, 2019	Filing 21 Joint MOTION to Reassign Case by Lamartine Pierre, Collin Shanks, Michael Testone. (Joseph, Paul) (sjm).
May 28, 2019	Filing 20 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Barry Ted Moskowitz and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Janis L. Sammartino, Magistrate Judge Bernard G. Skomal no longer assigned to case. Create association to 3:18-cv-01619-BTM-MDD. The new case number is 19CV0169-BTM(MDD).. Signed by Judge Janis L. Sammartino on 5/24/2019. Signed by Judge Barry Ted Moskowitz on 5/23/2019.(jpp)
May 17, 2019	Filing 19 ORDER Denying the Pro Hac Vice Application of Joel Matteson, re #18 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 5/15/2019. (mdc)
May 14, 2019	Filing 18 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12510898 - See 18cv1619-BTM-MDD, #14.) (Application to be reviewed by Clerk.) (Matteson, Joel) Modified text on 5/15/2019 to add filing fee info. (mdc)
May 13, 2019	Filing 17 NOTICE of Change of Address by Marylin Jenkins (Jenkins, Marylin) (jpp).
May 6, 2019	Filing 16 ORDER granting #15 JOint Motion to Excuse Appearance of Plaintiff Lamartine Pierre at the 6/10/2019 Early Neutral Evaluation Conference. Signed by Magistrate Judge Bernard G. Skomal on 5/06/2019. (jpp)
May 3, 2019	Filing 15 Joint MOTION to Excuse Appearance of PLAINTIFF LAMARTINE PIERRE at EARLY NEUTRAL EVALUATION CONFERENCE, or, Alternatively, Reschedule Conference by Lamartine Pierre, Collin Shanks, Michael Testone. (Attachments: #1 Proposed Order)(Joseph, Paul) (jpp).
April 25, 2019	Filing 14 Minute Entry by Magistrate Judge Bernard G. Skomal: Due to a conflict in the Court's schedule, the Early Neutral Evaluation Conference currently set for June 17, 2019 is rescheduled to June 10, 2019 at 1:30 p.m. As such, the parties' confidential ENE statements shall be lodged with chambers as directed in the Notice and Order for ENE on or before May 27, 2019.(Plaintiff Attorney Paul K. Joseph, Estevan R. Lucero, Jack Fitzgerald, Melanie Rae Persinger, Trevor Matthew Flynn). (Defendant Attorney Marylin Jenkins). (no document attached) (dxl)
April 3, 2019	Filing 13 NOTICE OF NO FINANCIAL INTEREST by Barleans Organic Oils, LLC (Jenkins, Marylin)(aef).
April 1, 2019	Filing 12 NOTICE of Party With Financial Interest by Michael Testone , Collin Shanks, and Lamartine Pierre (Joseph, Paul) (tcf). (jao).
March 28, 2019	Filing 11 NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 compliance and Case Management Conference. Early Neutral Evaluation set for 6/17/2019 at 1:30pm. Signed by Judge Janis L. Sammartino on 3/27/2019.(jpp)
February 27, 2019	Filing 10 ANSWER to #1 Complaint, by Barleans Organic Oils, LLC.(Jenkins, Marylin) (jpp).
February 25, 2019	Filing 9 ORDER granting #8 Joint Motion for Extension of Time for Defendant to respond to complaint to on or before 2/27/2019. Signed by Judge Janis L. Sammartino on 2/25/2019. (jpp)
February 20, 2019	Filing 8 Joint MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by Barleans Organic Oils, LLC. (Attachments: #1 Proposed Order)(Jenkins, Marylin)Attorney Marylin Jenkins added to party Barleans Organic Oils, LLC (pty:dft) (jpp).
February 4, 2019	Filing 7 SUMMONS Returned Executed by Michael Testone, Collin Shanks, Lamartine Pierre. Barleans Organic Oils, LLC served. (Joseph, Paul) (jpp).
January 31, 2019	Filing 6 NOTICE of Appearance by Estevan R. Lucero on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Lucero, Estevan)Attorney Estevan R. Lucero added to party Lamartine Pierre(pty:pla), Attorney Estevan R. Lucero added to party Collin Shanks(pty:pla), Attorney Estevan R. Lucero added to party Michael Testone(pty:pla) (jpp).
January 31, 2019	Filing 5 NOTICE of Appearance by Melanie Rae Persinger on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Persinger, Melanie)Attorney Melanie Rae Persinger added to party Lamartine Pierre(pty:pla), Attorney Melanie Rae Persinger added to party Collin Shanks(pty:pla), Attorney Melanie Rae Persinger added to party Michael Testone(pty:pla) (jpp).
January 31, 2019	Filing 4 NOTICE of Appearance by Trevor Matthew Flynn on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Flynn, Trevor)Attorney Trevor Matthew Flynn added to party Lamartine Pierre(pty:pla), Attorney Trevor Matthew Flynn added to party Collin Shanks(pty:pla), Attorney Trevor Matthew Flynn added to party Michael Testone(pty:pla) (jpp).
January 31, 2019	Filing 3 NOTICE of Appearance by Jack Fitzgerald on behalf of Lamartine Pierre, Collin Shanks, Michael Testone (Fitzgerald, Jack)Attorney Jack Fitzgerald added to party Lamartine Pierre(pty:pla), Attorney Jack Fitzgerald added to party Collin Shanks(pty:pla), Attorney Jack Fitzgerald added to party Michael Testone(pty:pla) (jpp).
January 25, 2019	Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm)
January 24, 2019	Filing 1 COMPLAINT with Jury Demand against Barleans Organic Oils, LLC ( Filing fee $ 400 receipt number 0974-12124947.), filed by Michael Testone, Collin Shanks, Lamartine Pierre. (Attachments: #1 civil cover sheet, #2 Affidavit of Venue)The new case number is 3:19-cv-169-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case. (Joseph, Paul)(jrm) (sjt).

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Search for this case: Testone et al v. Barleans Organic Oils, LLC
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Defendant: Barleans Organic Oils, LLC
Represented By:	Marylin Jenkins
Represented By:	Miles D Scully
Represented By:	Gabriel G. Hedrick
Represented By:	Lara Sue Garner
Represented By:	William L. Coggshall, III
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Plaintiff: Michael Testone
Represented By:	Paul K. Joseph
Represented By:	Melanie Rae Persinger
Represented By:	Estevan R. Lucero
Represented By:	Trevor Matthew Flynn
Represented By:	Jack Fitzgerald
Represented By:	Caroline S. Emhardt
Represented By:	Richelle Lynn Kemler Vanden Bergh
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Plaintiff: Collin Shanks
Represented By:	Paul K. Joseph
Represented By:	Melanie Rae Persinger
Represented By:	Estevan R. Lucero
Represented By:	Trevor Matthew Flynn
Represented By:	Jack Fitzgerald
Represented By:	Caroline S. Emhardt
Represented By:	Richelle Lynn Kemler Vanden Bergh
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Plaintiff: Lamartine Pierre
Represented By:	Paul K. Joseph
Represented By:	Melanie Rae Persinger
Represented By:	Estevan R. Lucero
Represented By:	Trevor Matthew Flynn
Represented By:	Jack Fitzgerald
Represented By:	Caroline S. Emhardt
Represented By:	Richelle Lynn Kemler Vanden Bergh
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