Mason v. Diamond Foods, LLC
| Denise Mason |
| Snyder's-Lance, Inc., Diamond Foods, LLC and S-L Snacks National, LLC |
| 9:2018cv81338 |
| October 4, 2018 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Bruce E Reinhart |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
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Filing 29
ORDER OF DISMISSAL WITHOUT PREJUDICE. Closing Case. Signed by Judge Beth Bloom on 11/16/2018. See attached document for full details. (ar2)
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Filing 28
ORDER TO SHOW CAUSE Show Cause Response due by 11/15/2018. Signed by Judge Beth Bloom on 11/8/2018. See attached document for full details. (vmz)
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Filing 27
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Bruce E. Reinhart added. Magistrate Judge Dave Lee Brannon no longer assigned to case. Signed by Magistrate Judge Dave Lee Brannon on 10/17/2018. See attached document for full details. (vmz)
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Filing 26
Order Requiring Scheduling Report And Certificates of Interested Parties. Joint Scheduling Report due by 11/7/2018 Signed by Judge Beth Bloom on 10/17/2018. See attached document for full details. (vmz)
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Filing 25
ORDER TRANSFERRING CASE to Judge Beth Bloom for all further proceedings, accepted and signed on 10/17/2018. Judge Donald M. Middlebrooks no longer assigned to case Signed by Judge Donald M. Middlebrooks on 10/16/2018. See attached document for full details. (vmz)
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| Filing 24 Bar Letter re: Admissions sent to attorney Jalina Joy Hudson, mailing date October 4, 2018, (pt) |
| Filing 23 Bar Letter re: Admissions sent to attorney Michael Joseph Gabrielli, mailing date October 4, 2018, (pt) |
| Filing 22 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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) |
| Filing 21 Case transferred in from New York Southern; Case Number 1:18-cv-06423. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 20
STIPULATION TO TRANSFER VENUE: NOW THEREFORE, in consideration of the foregoing, and pursuant to 1404(a), the Parties agree and stipulate to the transfer of this Action to the United States District Court to the Southern District of Florida, and request that this Action be transferred accordingly. The parties have stipulated to the transfer of this action to the United States District Court for the Southern District of Florida. See 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to... any district or division to which all parties have consented."). The Court takes no position on the remainder of the stipulation between the parties. Accordingly, the Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of Florida without delay. This order supersedes the seven day waiting period established in Local Rule 83.1. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/4/2018) (anc)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida. (anc) |
| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Diamond Foods, LLC, S-L Snacks National, LLC, Snyder's-Lance, Inc.. (Attachments: #1 Exhibit A- Final Judgment) (Hudson, Jalina) |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court's Individual Rules of Practice in Civil Cases ("Individual Rules"), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 5/20/2019. Depositions due by 4/15/2019. Expert Discovery due by 7/5/2019. The joint pretrial order shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 21 days from the Court's decision on such motion. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. Status Conference set for 8/22/2019 at 04:00 PM before Judge Gregory H. Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/20/2018) (anc) Modified on 9/21/2018 (anc).
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 9/19/2018. (Daniels, Anthony) |
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Filing 17
ORDER granting #16 Motion for Charles C. Sipos to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Charles C. Sipos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15574308. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 16 MOTION for Charles C. Sipos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15574308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by S-L Snacks National, LLC, Snyder's-Lance, Inc.. (Attachments: #1 Affidavit of Charles Sipos in Support of Admission Pro Hac Vice with Certificate of Good Standing, #2 Text of Proposed Order)(Hudson, Jalina) |
| Filing 15 NOTICE OF APPEARANCE by Jalina Joy Hudson on behalf of S-L Snacks National, LLC, Snyder's-Lance, Inc.. (Hudson, Jalina) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joseph Gabrielli. The party information for the following party/parties has been modified: Snyder's-Lance, Inc.; S-L Snacks National, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (sj) |
| Filing 14 JOINT LETTER addressed to Judge Gregory H. Woods from Michael Gabrielli dated September 12, 2018 re: Initial Pretrial Conference. Document filed by Denise Mason. (Attachments: #1 Proposed Case Managenet Plan and Scheduling Order)(Gabrielli, Michael) |
| Filing 13 FIRST AMENDED COMPLAINT amending #1 Complaint against Snyder's-Lance, Inc., S-L Snacks National, LLC with JURY DEMAND.Document filed by Denise Mason. Related document: #1 Complaint. (Attachments: #1 Exhibit FDA Warning Letter, #2 Exhibit Sample Product Label, #3 Exhibit USDA Report)(Gabrielli, Michael) |
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Filing 12
ORDER denying #11 Letter Motion for Extension of Time to File ; denying #11 Letter Motion to Adjourn Conference. Defendant's request for an extension of time to answer or otherwise respond to the complaint is denied. The parties' request to adjourn sine die the initial pretrial conference currently scheduled for September 19, 2018 is denied. (Signed by Judge Gregory H. Woods on 9/11/2018) (cf)
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| Filing 11 LETTER MOTION for Extension of Time to File Response to the Complaint addressed to Judge Gregory H. Woods from Jalina J. Hudson dated 09/10/2018., LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Jalina J. Hudson dated 09/10/2018. Document filed by Diamond Foods, LLC.(Hudson, Jalina) |
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Filing 10
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT. IT IS HEREBY STIPULATED CONSENTED AND AGREED, by and between the undersigned attorneys for the parties that the deadline within which Defendant Diamond Foods, LLC may move, answer or otherwise respond to the Complaint filed on July 16, 2018 is hereby extended until September 12, 2018, and as further set forth in this Stipulation and Order. Defendant's time to answer or otherwise respond to the complaint is extended to September 12, 2018. The Court takes no position on the remainder of the stipulation between the parties. So ordered. Diamond Foods, LLC answer due 9/12/2018. (Signed by Judge Gregory H. Woods on 8/21/2018) (rjm)
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/19/2018 at 03:30 PM in Courtroom 12C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods, and as further set forth in this Order. So ordered. (Signed by Judge Gregory H. Woods on 8/21/2018) (rjm)
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| Filing 8 NOTICE OF APPEARANCE by Jalina Joy Hudson on behalf of Diamond Foods, LLC. (Hudson, Jalina) |
| Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Diamond Foods, LLC. (Hudson, Jalina) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Diamond Foods, LLC served on 7/23/2018, answer due 8/13/2018. Service was accepted by Susan Castro, Receptionist. Document filed by Denise Mason. (Gabrielli, Michael) |
| Filing 5 CIVIL COVER SHEET filed. (Gabrielli, Michael) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Diamond Foods, LLC. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Joseph Gabrielli. The following case opening statistical information was erroneously selected/entered: Cause of Action code none; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to Bronx;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael Joseph Gabrielli to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant Code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Joseph Gabrielli. The party information for the following party/parties has been modified: Denise Mason; Diamond Foods, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Diamond Foods, LLC, re: #1 Complaint. Document filed by Denise Mason. (Gabrielli, Michael) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Gabrielli, Michael) Modified on 7/17/2018 (jgo). |
| Filing 1 COMPLAINT against Diamond Foods, LLC. (Filing Fee $ 400.00, Receipt Number 0208-15329063)Document filed by Denise Mason. (Attachments: #1 Exhibit FDA Warning Letter, #2 Exhibit Product Label, #3 Exhibit USDA Report)(Gabrielli, Michael) |
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