Pinnacle Foods of California, LLC v. Popeyes Louisiana Kitchen, Inc. et al
| Pinnacle Foods of California, LLC |
| Does 1 through 10, inclusive and Popeyes Louisiana Kitchen, Inc. |
| 1:2021cv21555 |
| April 22, 2021 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Contract: Franchise |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 32
Plaintiff's MOTION to Stay by Pinnacle Foods of California, LLC. Responses due by 7/1/2021 (Attachments: #1 Exhibit Exhibit A Petition)(Payton, Harry)
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Filing 31
Plaintiff's Corporate Disclosure Statement by Pinnacle Foods of California, LLC (Payton, Harry)
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Filing 30
ANSWER and Affirmative Defenses to Complaint by Popeyes Louisiana Kitchen, Inc.. (Blynn, Aaron)
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Filing 29
ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James M. Mulcahy, Esq. ; granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Filemon Carrillo, Esq. ; granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph J. Gigliotti, Esq. Signed by Judge Jose E. Martinez on 5/19/2021. See attached document for full details. (drz)
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Filing 28
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph J. Gigliotti. Filing Fee $ 200.00 Receipt # AFLSDC-14699272 by Pinnacle Foods of California, LLC. Responses due by 6/2/2021 (Attachments: #1 Certification Certification of Mr. Gigliotti, #2 Text of Proposed Order Proposed Order)(Mohorcic, Susan)
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Filing 27
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Filemon Carrillo. Filing Fee $ 200.00 Receipt # AFLSDC-14699249 by Pinnacle Foods of California, LLC. Responses due by 6/2/2021 (Attachments: #1 Certification Certification of Mr. Carrillo, #2 Text of Proposed Order Proposed Order)(Mohorcic, Susan)
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Filing 26
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James M. Mulcahy. Filing Fee $ 200.00 Receipt # AFLSDC-14699204 by Pinnacle Foods of California, LLC. Responses due by 6/2/2021 (Attachments: #1 Certification Certification Mr. Mulcahy, #2 Text of Proposed Order Proposed Order)(Mohorcic, Susan)
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Filing 25
NOTICE of Attorney Appearance by Susan Marie Mohorcic on behalf of Pinnacle Foods of California, LLC. Attorney Susan Marie Mohorcic added to party Pinnacle Foods of California, LLC(pty:pla). (Mohorcic, Susan)
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Filing 24
NOTICE of Attorney Appearance by Harry A. Payton on behalf of Pinnacle Foods of California, LLC. Attorney Harry A. Payton added to party Pinnacle Foods of California, LLC(pty:pla). (Payton, Harry)
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Filing 23
PAPERLESS ORDER granting #22 Motion for Extension of Time to File until May 20, 2021. Signed by Judge Jose E. Martinez on 5/7/2021. (mws)
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Text of Proposed Order)(Blynn, Aaron)
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Filing 21
Bar Letter re: Admissions sent to attorney Allard C Chu, Joseph J Gigliotti, James M. Mulcahy, Filemon Carrillo, Gregg D Zucker, mailing date 04/22/2021, (cco)
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Filing 20
Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua)
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Filing 19
Case transferred in from California Central; Case Number 2:21-cv-02050. Electronic file including transfer order and docket sheet received. .(jua).
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Filing 18
MINUTE ORDER (IN CHAMBERS) GRANTING MOTION TO TRANSFER #8 by Judge Stephen V. Wilson re: #8 MOTION to Transfer Case. Case transferred to the Southern District of Florida. For the reasons explained above, Plaintiff has not met its heavy burden to "point to a statute or judicial decision that clearly states... a strong public policy" barring enforcement of the Development Agreement's forum-selection clause. Sun, 901 F.3d at 1090. Accordingly, the motion to transfer is GRANTED. (See document for details). Case transferred electronically on 4/22/2021. MD JS-6. Case Terminated. (mrgo)
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Filing 17
SCHEDULING NOTICE-IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson re: MOTION to Transfer Case to Southern District of Florida filed by Defendant Popeyes Louisiana Kitchen, Inc #8 - The motion is submitted. Order to issue. The hearing scheduled for 04/12/2021 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 16
REPLY in support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #8 filed by Defendant Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Declaration)(Zucker, Gregg)
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Filing 15
NOTICE of Interested Parties filed by Plaintiff Pinnacle Foods of California, LLC, (Carrillo, Filemon)
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Filing 14
OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #8 filed by Plaintiff Pinnacle Foods of California, LLC. (Attachments: #1 Affidavit of Imran Damani, #2 Exhibit A-E to Imran Declaration, #3 Affidavit of Joseph Gigliotti, #4 Exhibit A to Gigliotti Declaration)(Carrillo, Filemon)
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Filing 13
ORDER by Judge Stephen V. Wilson: granting #11 Non-Resident Attorney Aaron Seth Blynn APPLICATION to Appear Pro Hac Vice on behalf of defendant POPEYES LOUISIANA KITCHEN, INC., designating Gregg D. Zucker as local counsel. (mrgo)
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Filing 12
ORDER by Judge Stephen V. Wilson: granting #10 Non-Resident Attorney Michael D. Joblove APPLICATION to Appear Pro Hac Vice on behalf of defendant POPEYES LOUISIANA KITCHEN, INC., designating Gregg D. Zucker as local counsel. (mrgo)
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Filing 11
APPLICATION of Non-Resident Attorney Aaron Seth Blynn to Appear Pro Hac Vice on behalf of Defendant Popeyes Louisiana Kitchen, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30933803) filed by Defendant Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Proposed Order) (Zucker, Gregg)
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Filing 10
APPLICATION of Non-Resident Attorney Michael D. Joblove to Appear Pro Hac Vice on behalf of Defendant Popeyes Louisiana Kitchen, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-30933679) filed by Defendant Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Proposed Order) (Zucker, Gregg)
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Filing 9
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #8 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
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Filing 8
NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida filed by Defendant Popeyes Louisiana Kitchen, Inc.. Motion set for hearing on 4/12/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1 to Declaration of Bryan Saul, #3 Proposed Order) (Zucker, Gregg)
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Filing 7
ORDER SETTING INITIAL STATUS CONFERENCE for 5/3/2021 at 3:00 PM before Judge Stephen V. Wilson. (pc)
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Filing 6
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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Filing 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 4
NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Steve Kim. (lh)
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CONFORMED FILED COPY OF PROOF OF SERVICE OF SUMMONS Executed by Plaintiff Pinnacle Foods of California, LLC, upon Defendant Popeyes Louisiana Kitchen, Inc. served on 2/5/2021, answer due 2/26/2021. Service of the Summons and Complaint were executed upon Gabriela Sanchez, Intake Specialist in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 2/10/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
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CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Popeyes Louisiana Kitchen, Inc., filed by Plaintiff Pinnacle Foods of California, LLC. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 12/31/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh)
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Filing 3
NOTICE of Interested Parties filed by Defendant POPEYES LOUISIANA KITCHEN, INC. a Minnesota Corporation, identifying Pinnacle Foods, Popeyes Louisiana Kitchen, Inc., Restaurant Brands International Inc., Michael D. Joblove, Aaron Blynn, Gregg Zucker, Genovese Joblove & Batista, Imran Damani, James Mulcahy, Mulcahy LLP, Joseph Gigliotti, Gigliotti & Gigliotti, Allard Chu, Filemon Carrillo. (Zucker, Gregg)
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Filing 2
CIVIL COVER SHEET filed by Defendant POPEYES LOUISIANA KITCHEN, INC. a Minnesota Corporation. (Zucker, Gregg)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV49914 Receipt No: ACACDC-30867174 - Fee: $402, filed by Defendant POPEYES LOUISIANA KITCHEN, INC. a Minnesota Corporation. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Exhibit POS, #4 Exhibit ADR Notice, #5 Exhibit CMC Notice, #6 Exhibit OSC, #7 Exhibit Amended Order, #8 Exhibit Notice & Acknowledgment, #9 Exhibit Case Assignment, #10 Exhibit Notice of Filing Removal) (Attorney Gregg D Zucker added to party POPEYES LOUISIANA KITCHEN, INC. a Minnesota Corporation(pty:dft))(Zucker, Gregg)
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