P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden v. Hain Celestial Group, Inc. et al
| P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden, Brandi-Lynn Hyden and Zurishaddai Aki |
| Hain Celestial Group, Inc., Beech-Nut Nutrition Company, Nurture, Inc., Plum, PBC doing business as Plum Organics, Sprout Foods, Inc., Healthy's, Inc. doing business as Down To Earth and Does 1 through 100 |
| 1:2024cv00008 |
| January 5, 2024 |
| US District Court for the District of Hawaii |
| J MICHAEL SEABRIGHT |
| ROM TRADER |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 54 CERTIFICATE OF SERVICE by Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Re: (1) PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT BEECH-NUT NUTRITION COMPANY, DATED FEBRUARY 20, 2024; (2) PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT NURTURE, LLC, DATED FEBRUARY 20, 2024; (3) PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT HAIN CELESTIAL GROUP, INC., DATED FEBRUARY 20, 2024; (4) PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT PLUM, PBC, DATED FEBRUARY 20, 2024; (5) PLAINTIFFS FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO DEFENDANT SPROUT FOODS, INC., DATED FEBRUARY 20, 2024; (6) PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT BEECH-NUT NUTRITION COMPANY; EXHIBIT A, DATED FEBRUARY 20, 2024; (7) PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT NURTURE, LLC, DATED FEBRUARY 20, 2024; (8) PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT HAIN CELESTIAL GROUP, INC., DATED FEBRUARY 20, 2024; (9) PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT PLUM, PBC; EXHIBIT A, DATED FEBRUARY 20, 2024; AND (10) PLAINTIFFS FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT SPROUT FOODS, INC., DATED FEBRUARY 20, 2024) (Segawa, Alyssa) |
Filing 53
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Michael X. Imbroscio, Esq. re #49 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/7/2024.Attorney Michael X. Imbroscio added Pro Hac Vice for Defendant Hain Celestial Group, Inc. (jni)
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Filing 52
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to William Smith, Esq. re #47 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/7/2024.Attorney William Smith added Pro Hac Vice for Plaintiffs. (jni)
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Filing 51
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE ROM TRADER on 2/7/2024. JURY trial in this matter will commence before the Honorable J. Michael Seabright, United States District Judge on October 21, 2025 (Tuesday), at 9:00 a.m.A Telephonic Final Pretrial Conference shall be held on September 9, 2025, at 9:00 a.m. before the Honorable Rom A. Trader, United States Magistrate Judge.A Final Pretrial Conference shall be held on October 9, 2025 at 10:00 a.m. in Aha Kaulike before the J. Michael Seabright, United States District Judge. Jury Selection/Trial is set for 09:00 AM on 10/21/2025 in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT.Final Pretrial Conference MJ is set for 9/9/2025 09:00 AM by Telephone before MAGISTRATE JUDGE ROM TRADER.Final Pretrial Conference DJ is set for 10/9/2025 10:00 AM in Aha Kaulike before JUDGE J. MICHAEL SEABRIGHT.Settlement Conference is set for 7/18/2025 10:00 AM by Telephone before MAGISTRATE JUDGE ROM TRADER.Discovery due by 5/9/2025.Dispositive Motions filed by 5/27/2025.(jni)
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| Filing 50 EP: TELEPHONIC RULE 16 CONFERENCE held on 2/5/2024.This is a products liability case involving claims that minor/infant Plaintiff developed autism as a result of her consumption and exposure to baby food products containing dangerous levels of toxic heavy metals such as, mercury, lead and arsenic. Parties report approximately 20 related cases pending in other state and federal courts. Petition pending before the Judicial Panel on Multi-District Litigation ("JPML") to include instant case. Defendants anticipate decision by JPML within 90 days.Discussion had regarding parties' proposed trial date, pretrial deadlines and extension of oral depositions limits under Rule 30(b)(2) of the Federal Rules of Civil Procedure. Parties request trial date in October 2025. Parties discussing possible agreement to incorporate certain discovery in related cases as discovery in this matter.Given the circumstances attending this matter, the Court finds the trial date and deadlines proposed by the parties to be largely appropriate in this case. Accordingly, the Court schedules Jury Trial for 10/21/2025 at 9:00 a.m. before District Judge Seabright. Except as discussed by the Court with the parties, the Court to tailor pretrial and trial related deadlines consistent with the parties proposed schedule.With regard to relief requested from Rule 30(b) limits on number of oral depositions, the Court orders the following:1. Defendants may take up to 20 depositions;2. Plaintiffs may take up to 5 depositions per defendant;3. The foregoing limits are exclusive of expert depositions; and4. Additional depositions may be had by stipulation or by motion demonstrating good cause.Court schedules a Telephone Conference for 5/24/2024 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below.Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.Rule 16 Scheduling Order to issue.(ZOOM / 8:58 AM - 9:23 AM)(MAGISTRATE JUDGE ROM TRADER)(mdc) |
| Filing 49 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice of Michael X. Imbroscio; Declaration of Counsel Filing fee $ 300, receipt number AHIDC-2956029.Thomas Benedict appearing for Defendant Hain Celestial Group, Inc. (Benedict, Thomas) |
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Filing 48
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Elizabeth T. Fouhey, Esq. re #46 - Signed by MAGISTRATE JUDGE ROM TRADER on 2/5/2024.Attorney Elizabeth T. Fouhey added Pro Hac Vice for Defendant Hain Celestial Group, Inc. (jni)
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| Filing 47 MOTION for Pro Hac Vice of William Smith Filing fee $ 300, receipt number AHIDC-2955873.Alyssa R Segawa appearing for Plaintiffs Zurishaddai Aki, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Attachments: #1 Declaration of William Smith)(Segawa, Alyssa) |
| Filing 46 MOTION for Pro Hac Vice of Elizabeth T. Fouhey Filing fee $ 300, receipt number AHIDC-2954290.Thomas Benedict appearing for Defendant Hain Celestial Group, Inc. (Benedict, Thomas) |
| Filing 45 CERTIFICATE OF SERVICE by Nurture, Inc. [RE: DEFENDANT NURTURE, LLCS (formerly known as Nurture, Inc.) INITIAL DISCLOSURES SERVED IN STATE COURT ACTION] (Kirschenbaum, Barbara) |
| Filing 44 CERTIFICATE OF SERVICE by Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Re: (1) Plaintiffs Rule 26(a)(1)(A) Initial Disclosures, dated May 8, 2023; and (2) Plaintiffs Rule 26(a)(1)(A) Supplemental Initial Disclosures, dated June 5, 2023) (Segawa, Alyssa) |
| Filing 43 CERTIFICATE OF SERVICE by Sprout Foods, Inc. Re: Defendant Sprout Foods, Inc.'s Initial Disclosure Statement Served in the State Court Action (Kawana, Sabrina) |
| Filing 42 CERTIFICATE OF SERVICE by Plum, PBC [RE: Defendant Plum, PBC's Initial Disclosure Statement Served in the State Court Action] (Bunn, Pamela) |
| Filing 41 REPORT of Planning Meeting . (Segawa, Alyssa) |
| Filing 40 Corporate Disclosure Statement by Hain Celestial Group, Inc.. (Benedict, Thomas) |
| Filing 39 CERTIFICATE OF SERVICE by Beech-Nut Nutrition Company RE: Defendant Beech-Nut Nutrition Company's Initial Disclosure Statement Served in the State Court Action (Miyagi, Melvyn) |
| Filing 38 CERTIFICATE OF SERVICE by Hain Celestial Group, Inc. CERTIFICATE OF SERVICE RE DEFENDANT THE HAIN CELESTIAL GROUP, INC.'S INITIAL DISCLOSURE STATEMENT SERVED IN THE STATE COURT ACTION (Benedict, Thomas) |
| Filing 37 Scheduling Conference Statement Defendants' Joint Scheduling Conference Statement. (Attachments: #1 Certificate of Service)(Meyer, John-Anderson) |
| Filing 36 Scheduling Conference Statement of Plaintiffs. (Attachments: #1 Certificate of Service)(Segawa, Alyssa) |
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Filing 35
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Brooke K. Kim, Esq. re #9 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/19/2024.Attorney Brooke K. Kim added Pro Hac Vice for Defendant Nurture, Inc. (jni)
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| Filing 34 AMENDED DOCUMENT by Nurture, Inc.. Amendment to #9 MOTION for Pro Hac Vice Nurture, LLC's Motion for Pro Hac Vice for Brooke K. Kim Filing fee $ 300, receipt number AHIDC-2945288. Amended Declaration of Brooke K. Kim. (Attachments: #1 Certificate of Service)(Kirschenbaum, Barbara) |
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Filing 33
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Kimberly Channick, Esq. re #22 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Kimberly Channick added Pro Hac Vice for Plaintiffs. (jni)
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Filing 32
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Alexandra Walsh, Esq. re #21 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Alexandra Walsh added Pro Hac Vice for Plaintiffs. (jni)
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Filing 31
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Livia M. Kiser, Esq. re #20 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Livia M. Kiser added Pro Hac Vice for Defendant Beech-Nut Nutrition Company. (jni)
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Filing 30
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Julie Bardacke Haddon, Esq. re #19 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Julie Bardacke Haddon added Pro Hac Vice for Defendant Sprout Foods, Inc. (jni)
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Filing 29
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Michael R. Klatt, Esq. re #18 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Michael R. Klatt added Pro Hac Vice for Defendant Sprout Foods, Inc. (jni)
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Filing 28
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Nancy M. Erfle, Esq. re #17 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Nancy M. Erfle added Pro Hac Vice for Defendant Sprout Foods, Inc. (jni)
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Filing 27
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Aimee Wagstaff, Esq. re #16 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Aimee Wagstaff added Pro Hac Vice for Plaintiffs. (jni)
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Filing 26
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Hope S. Freiwald, Esq. re #15 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Hope S. Freiwald added Pro Hac Vice for Defendant Plum, PBC doing business as Plum Organics. (jni)
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Filing 25
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Katherine Unger Davis, Esq. re #14 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Katherine Unger Davis added Pro Hac Vice for Defendant Plum, PBC doing business as Plum Organics. (jni)
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Filing 24
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Mary E. Gately, Esq. re #11 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/17/2024.Attorney Mary E. Gately add Pro Hac Vice for Defendant Nurture, Inc. (jni)
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| Filing 23 EO: On 1/16/2024, a [ECF #9 ] Motion to Appear Pro Hac Vice ("Motion") was filed, seeking admission of attorney Brooke K. Kim ("Counsel") as pro hac vice counsel in this case. In support of the Motion, Counsel submitted a declaration that was signed by another individual. It is fundamental that a declaration should be signed by the declarant and may not be signed by an individual other than the declarant. The Court thus directs Counsel to file an amended affidavit by no later than 1/19/2024 at 12:00 p.m. (HST). Should Counsel elect to take no action by the 1/19/2024 deadline, the Court will DENY the Motion. (MAGISTRATE JUDGE ROM TRADER)(rt2) |
| Filing 22 MOTION for Pro Hac Vice of Kimberly Channick Filing fee $ 300, receipt number AHIDC-2946359.Alyssa R Segawa appearing for Plaintiffs Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Attachments: #1 Declaration of Kimberly Channick)(Segawa, Alyssa) |
| Filing 21 MOTION for Pro Hac Vice of Alexandra Walsh Filing fee $ 300, receipt number AHIDC-2946354.Alyssa R Segawa appearing for Plaintiffs Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Attachments: #1 Declaration of Alexandra Walsh)(Segawa, Alyssa) |
| Filing 20 MOTION for Pro Hac Vice of Livia M. Kiser Filing fee $ 300, receipt number AHIDC-2946309.Melvyn M. Miyagi appearing for Defendant Beech-Nut Nutrition Company (Attachments: #1 Declaration of Counsel, #2 Appendix A, #3 Order Granting Motion to Appear Pro Hac Vice, #4 Certificate of Service)(Miyagi, Melvyn) |
| Filing 19 MOTION for Pro Hac Vice of Julie Bardacke Haddon Filing fee $ 300, receipt number AHIDC-2946318.Sabrina M. Kawana appearing for Defendant Sprout Foods, Inc. (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice, #3 Certificate of Service)(Kawana, Sabrina) |
| Filing 18 MOTION for Pro Hac Vice of Michael R. Klatt Filing fee $ 300, receipt number AHIDC-2946302.Sabrina M. Kawana appearing for Defendant Sprout Foods, Inc. (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice, #3 Certificate of Service)(Kawana, Sabrina) |
| Filing 17 MOTION for Pro Hac Vice of Nancy M. Erfle Filing fee $ 300, receipt number AHIDC-2946202.Sabrina M. Kawana appearing for Defendant Sprout Foods, Inc. (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice, #3 Certificate of Service)(Kawana, Sabrina) |
| Filing 16 MOTION for Pro Hac Vice of Aimee Wagstaff Filing fee $ 300, receipt number AHIDC-2945681.Alyssa R Segawa appearing for Plaintiffs Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (Attachments: #1 Declaration of Aimee Wagstaff)(Segawa, Alyssa) |
| Filing 15 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice [Hope S. Freiwald] Filing fee $ 300, receipt number AHIDC-2945629.John-Anderson L. Meyer appearing for Defendant Plum, PBC (Meyer, John-Anderson) |
| Filing 14 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice [Katherine Unger Davis] Filing fee $ 300, receipt number AHIDC-2945620.John-Anderson L. Meyer appearing for Defendant Plum, PBC (Meyer, John-Anderson) |
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Filing 13
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Todd P. Davis, Esq. re #6 - Signed by MAGISTRATE JUDGE ROM TRADER on 1/16/2024.Attorney Todd P. Davis added Pro Hac Vice for Defendant Beech-Nut Nutrition Company. (jni)
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| Filing 12 Corporate Disclosure Statement by Plum, PBC identifying Corporate Parent Sun-Maid Growers of California for Plum, PBC.. (Attachments: #1 Certificate of Service)(Meyer, John-Anderson) |
| Filing 11 MOTION for Pro Hac Vice Nurture, LLC's Motion for Pro Hac Vice for Mary E. Gately Filing fee $ 300, receipt number AHIDC-2945336.Barbara J. Kirschenbaum appearing for Defendant Nurture, Inc. (Attachments: #1 Declaration, #2 Exhibit A - courts admitted to practice, #3 Order, #4 Certificate of Service)(Kirschenbaum, Barbara) |
| Filing 10 Corporate Disclosure Statement by Nurture, Inc.. (Attachments: #1 Certificate of Service)(Kirschenbaum, Barbara) |
| Filing 9 MOTION for Pro Hac Vice Nurture, LLC's Motion for Pro Hac Vice for Brooke K. Kim Filing fee $ 300, receipt number AHIDC-2945288.Barbara J. Kirschenbaum appearing for Defendant Nurture, Inc. (Attachments: #1 Declaration, #2 Order, #3 Certificate of Service)(Kirschenbaum, Barbara) |
| Filing 8 CERTIFICATE OF SERVICE by Zurishaddai Aki, Brandi-Lynn Hyden, P.A., a minor represented by mother and Next Friend Brandi-Lynn Hyden (re: Notice of Taking Deposition of Shazi Visram Upon Oral Examination and by Videotape; Exhibit 1) (Segawa, Alyssa) |
| Filing 7 Corporate Disclosure Statement by Beech-Nut Nutrition Company identifying Corporate Parent AOH Nahrungsmittel GmbH & Co. KG, Other Affiliate Hero USA, Inc., Other Affiliate Hero Beteiligungen AG, Other Affiliate Hero AG, Other Affiliate Schwartau International GmbH for Beech-Nut Nutrition Company.. (Attachments: #1 Certificate of Service)(Miyagi, Melvyn) |
| Filing 6 MOTION for Pro Hac Vice Todd P. Davis Filing fee $ 300, receipt number AHIDC-2944350.Melvyn M. Miyagi appearing for Defendant Beech-Nut Nutrition Company (Attachments: #1 Declaration of Counsel, #2 Order Granting Motion to Appear Pro Hac Vice, #3 Certificate of Service)(Miyagi, Melvyn) |
| Filing 5 Notice to Parties RE: Corporate Disclosure Statements Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/5/2024 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/5/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00008 JMS-RT on all further pleadings. (jni) |
| Filing 2 Corporate Disclosure Statement by Sprout Foods, Inc. identifying Corporate Parent Neptune Growth Ventures, Inc., Corporate Parent NH Expansion Credit Fund Holdings LP, Other Affiliate Neptune Wellness Solutions, Inc. for Sprout Foods, Inc... (Kawana, Sabrina) |
| Filing 1 NOTICE OF REMOVAL by Sprout Foods, Inc. ; Declaration of Counsel; Exhibits 1-3; Certificate of Service; Civil Cover Sheet from Circuit Court of the First Circuit, State of HI, case number 1CCV-23-0000012. ( Filing fee $ 405 receipt number AHIDC-2941509), filed by Sprout Foods, Inc.. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Certificate of Service, #6 Civil Cover Sheet)(Kawana, Sabrina) |
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