Painter et al v. L'Oreal USA, Inc.
| Ellen Painter and Robert Hightower |
| L'Oreal USA, Inc. |
| 1:2024cv00512 |
| December 2, 2024 |
| U.S. District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| MICAH WJ SMITH |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 22, 2025. A more recent docket listing may be available from PACER.
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| COURT'S CERTIFICATE of Service - a copy of #44 shall be served by First Class Mail to Thomas P. Cartmell, Esq., Melody Dickson, Esq., and Jason C. Smith, Esq. at the addresses of record on 1/23/2025. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
Filing 44
STIPULATION AND ORDER RE: STATUS CONFERENCE SET FOR JANUARY 27, 2025 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/21/2025. NOW, THEREFORE, the parties hereby stipulate and agree that: The status conference currently scheduled for January 27, 2025 at 9:30 a.m. is hereby taken off calendar. Within ten (10) days after the entry of the JPML's order ruling upon the MDL Petition, the parties shall file a joint statement notifying the Court of the entry of the order, and the Court may thereafter schedule a status conference. (jni)
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Filing 43
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO R. JASON RICHARDS, ESQ. re #42 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/7/2025. (eta)
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| Filing 42 MOTION for Pro Hac Vice (R. Jason Richards, Esq.) Filing fee $ 300, receipt number AHIDC-3098813.Robert M. Hatch appearing for Plaintiffs Ellen Painter, Robert Hightower (Attachments: #1 Declaration of Counsel - PHV (R. Jason Richards))(Hatch, Robert) Modified on 1/8/2025 (jni) |
| Filing 41 NOTICE of Appearance by Margery S. Bronster on behalf of Ellen Painter, Robert Hightower on behalf of Ellen Painter, Robert Hightower. (Attachments: #1 Certificate of Service)(Bronster, Margery) |
| Filing 40 NOTICE of Appearance by Robert M. Hatch on behalf of Ellen Painter, Robert Hightower on behalf of Ellen Painter, Robert Hightower. (Attachments: #1 Certificate of Service)(Hatch, Robert) |
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Filing 39
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Cynthia A. Castillo, Esq. re #38 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/9/2024.Attorney Cynthia A. Castillo added Pro Hac Vice for Defendant L'Oreal USA, Inc. (jni)
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| Filing 38 MOTION for Pro Hac Vice (Cynthia A. Castillo) Filing fee $ 300, receipt number AHIDC-3087842.Michi Momose appearing for Defendant L'Oreal USA, Inc. (Attachments: #1 Declaration of Cynthia A. Castillo, #2 Order Granting Motion to Appear Pro Hac Vice as to Cynthia A. Castillo)(Momose, Michi) |
| Filing 37 NOTICE of Appearance by Michi Momose on behalf of L'Oreal USA, Inc. on behalf of L'Oreal USA, Inc.. (Attachments: #1 Certificate of Service)(Momose, Michi) |
| Filing 36 NOTICE of Appearance by C. Michael Heihre on behalf of L'Oreal USA, Inc. on behalf of L'Oreal USA, Inc.. (Attachments: #1 Certificate of Service)(Heihre, C.) |
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Filing 35
ORDER SETTING STATUS CONFERENCE - Signed by CHIEF JUDGE DERRICK K. WATSON on 12/2/2024. Status Conference - MJ is set for 1/27/2025 09:30 AM by Telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD.(jni)
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| Filing 34 NOTICE TO PARTIES:The Clerk of Court for the U.S. District Court, District of Hawaii, gives notice of its receipt of the electronic case record for 6:24-cv-03077; Painter et al v. L'Oreal USA, Inc., transferred from the Western District of Missouri.Please be advised that United States District Judge Micah W.J. Smith and Magistrate Judge Kenneth J. Mansfield has been assigned to this case. Accordingly, please reflect new civil case number CV 24-00512 MWJS-KJM on all further filings.Submission of Pro Hac Vice Applications:The parties may refer to LR83.1 of the Local Rules for the District of Hawaii with respect to the submission of applications for pro hac vice admittance and the designation of local counsel (a member in good standing of the bar of this court who maintains an office within this district). The Local Rules for the District of Hawaii and the "Motion to Appear Pro Hac Vice and Declaration of Counsel Package" (form HID007-007a) are available on the Court's website at www.hid.uscourts.gov.Please refer to the Court's website, www.hid.uscourts.gov for additional information and resources.(jni) |
| Filing 33 NOTICE of Case Assignment; Please reflect Civil case number CV 24-00512 MWJS-KJM on all further pleadings. (jni) |
| Filing 32 Case transferred in from District of Missouri Western; Case Number 6:24-cv-03077. Original file certified copy of transfer order and docket sheet received. |
| COURT'S CERTIFICATE of Service - a copy of 33 Notice of Case Assignment, 34 Notice to Parties, and #35 Order Setting Status Conference, shall be served by First Class Mail to Thomas P. Cartmell, Esq., Melody Dickson, Esq., Cynthia A Castillo, Esq., Jason C. Smith, Esq. at the addresses of record on 12/3/2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (jni) |
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Filing 31
ORDER granting #18 motion to reassign/transfer case to the United States Federal District Court for the District of Hawaii; denying #23 motion to reassign/transfer case to the United States Federal District Court for the Southern District of New York. Signed on 11/13/2024 by District Judge M. Douglas Harpool. (Rotellini, Michael) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 30 DESIGNATION OF NEUTRAL naming Deferred by MAPS(Smith, Jason) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 29 REPLY SUGGESTIONS to motion re #23 MOTION to reassign/transfer case Reply Suggestions is Support of L'Oreal USA's Motion to Transfer Venue filed by Cynthia A Castillo on behalf of Defendant L'Oreal USA, Inc.. (Attachments: #1 Supplement L'Oreal's Second Request for Judicial Notice in Support of Motion to Transfer Venue, #2 Exhibit Exhibits 1 through 3)(Related document(s) #23 ) (Castillo, Cynthia) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 28
ORDER granting #27 motion to continue All Case Deadlines Until 30 Days After a Decision Regarding Transfer. The deadlines in the Rule 16 Notice (Doc. 17) are hereby extended as requested in the motion to continue. Signed on 9/23/24 by District Judge M. Douglas Harpool. (View, Pat) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 27 Consent MOTION to continue of All Case Deadlines Until 30 Days After a Decision Regarding Transfer filed by Jason C. Smith on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 10/7/2024 unless otherwise directed by the court. (Smith, Jason) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 26 SUGGESTIONS in opposition re #23 MOTION to reassign/transfer case filed by Melody Dickson on behalf of Plaintiffs Robert Hightower, Ellen Painter. Reply suggestions due by 9/24/2024 unless otherwise directed by the court. (Related document(s) #23 ) (Dickson, Melody) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 25 REPLY SUGGESTIONS to motion re #18 MOTION to reassign/transfer case Pursuant to the First-to-File Rule and Memorandum in Support filed by Melody Dickson on behalf of Plaintiffs Robert Hightower, Ellen Painter. (Related document(s) #18 ) (Dickson, Melody) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 24
ORDER granting #21 motion for extension of time (Consent Motion for Continuance of Response Deadline Until 30 Days after a Decision Regarding Transfer). Signed on 8/29/24 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 23 MOTION to reassign/transfer case filed by Cynthia A Castillo on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 9/10/2024 unless otherwise directed by the court. (Attachments: #1 Supplement Suggestions in Support of L'Oreal USA's Motj, #2 Affidavit Declaration of L'Oreal USA, Inc., #3 Supplement L'Oreal USA's Request for Judicial Notice in Support of Motion to Transfer Venue, #4 Exhibit 1 to RJN, #5 Exhibit 2 to RJN, #6 Exhibit 3 to RJN, #7 Exhibit 4 to RJN, #8 Exhibit 5 to RJN, #9 Exhibit 6(a) to RJN, #10 Exhibit 6(b) to RJN)(Castillo, Cynthia) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 22 SUGGESTIONS in opposition re #18 MOTION to reassign/transfer case Pursuant to the First-to-File Rule and Memorandum in Support filed by Cynthia A Castillo on behalf of Defendant L'Oreal USA, Inc.. Reply suggestions due by 9/10/2024 unless otherwise directed by the court. (Related document(s) #18 ) (Castillo, Cynthia) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 21 MOTION for extension of time (Consent Motion for Continuance of Response Deadline Until 30 Days after a Decision Regarding Transfer) filed by Jason C. Smith on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 9/10/2024 unless otherwise directed by the court. (Smith, Jason) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 20
ORDER granting #19 motion for extension of timeSuggestions in opposition/response to Plaintiff's Motion to Transfer due by 8/27/2024 unless otherwise directed by the court. Signed on 8/26/24 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 19 MOTION for extension of time (Consent Motion for Continuance of Suggestions in Opposition to Motion to Transfer) filed by Jason C. Smith on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 9/6/2024 unless otherwise directed by the court. (Smith, Jason) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 18 MOTION to reassign/transfer case Pursuant to the First-to-File Rule and Memorandum in Support filed by Thomas P. Cartmell on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/23/2024 unless otherwise directed by the court. (Cartmell, Thomas) [Transferred from Missouri Western on 12/2/2024.] |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 17
RULE 16 NOTICE. Proposed scheduling order due by 9/23/2024. Rule 26 conference due by 9/9/2024. Signed on 8/7/24 by District Judge M. Douglas Harpool. (View, Pat) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 16 Notice of Filing of MDL Order Denying Transfer. The motion for centralization of these actions is denied. (Kern, Kendra) Modified Docket Text on 8/2/2024 (Matthes Mitra, Renea). [Transferred from Missouri Western on 12/2/2024.] |
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Filing 15
ORDER granting #14 motion to withdraw as attorney. Attorney Breanna Spackler terminated. Signed District Judge M. Douglas Harpool July 11, 2024. This is a TEXT ONLY ENTRY. No document is attached. (Clark, Christopher) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 14 MOTION to withdraw as attorney filed by Breanna Spackler on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 7/24/2024 unless otherwise directed by the court. (Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 13
ORDER granting #12 Unopposed Motion for Extension of Time. Defendant to answer or otherwise respond to Complaint no later than 30 days after a decision regarding transfer or consolidation is made by the Judicial Panel on Multidistrict Litigation in MDL No. 3120. Signed District Judge M. Douglas Harpool May 29, 2024. This is a TEXT ONLY ENTRY. No document is attached. (Clark, Christopher) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 12 Consent MOTION for extension of time to file answer filed by Breanna Spackler on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 6/12/2024 unless otherwise directed by the court. (Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
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Filing 11
ORDER granting #9 motion to appear pro hac vice entered by Clerk of Court. Attorney Cynthia A. Castillo for L'Oreal USA, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 10 DISCLOSURE OF CORPORATE INTERESTS (Updated) filed by Breanna Spackler on behalf of Defendant L'Oreal USA, Inc..(Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 9 Motion to allow Cynthia A. Castillo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8995299) filed by Breanna Spackler on behalf of L'Oreal USA, Inc. (Spackler, Breanna) (Main Document 9 replaced on 5/6/2024) (Lock, Tania).[Transferred from Missouri Western on 12/2/2024.] |
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Filing 8
ORDER granting #7 Defendant's unopposed motion for extension of time. Defendant to answer or otherwise respond to Plaintiff's complaint no later than May 30, 2024. Signed District Judge M. Douglas Harpool May 1, 2024. This is a TEXT ONLY ENTRY. No document is attached. (Clark, Christopher) [Transferred from Missouri Western on 12/2/2024.]
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| Filing 7 MOTION for extension of time to file response/reply as to #1 Complaint, (Unopposed) filed by Breanna Spackler on behalf of L'Oreal USA, Inc.. Suggestions in opposition/response due by 5/14/2024 unless otherwise directed by the court. (Related document(s) #1 ) (Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 6 DISCLOSURE OF CORPORATE INTERESTS filed by Breanna Spackler on behalf of Defendant L'Oreal USA, Inc..(Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 5 NOTICE of appearance by Breanna Spackler on behalf of L'Oreal USA, Inc. (Attorney Breanna Spackler added to party L'Oreal USA, Inc. (pty:dft))(Spackler, Breanna) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 4 NOTICE of appearance by Jason C. Smith on behalf of L'Oreal USA, Inc. (Attorney Jason C. Smith added to party L'Oreal USA, Inc. (pty:dft))(Smith, Jason) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 3 RETURN OF SERVICE of complaint executed by Ellen Painter, Robert Hightower. L'Oreal USA, Inc. served on 4/9/2024, answer due 4/30/2024. (Dickson, Melody) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to outside neutral category I. (Attachments: #1 MAP General Order) (Hanna, Jaime) [Transferred from Missouri Western on 12/2/2024.] |
| Filing 1 COMPLAINT against All Defendants filed by Melody Dickson on behalf of All Plaintiffs. Filing fee $405, receipt number AMOWDC-8919610. Service due by 6/17/2024 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Dickson, Melody) [Transferred from Missouri Western on 12/2/2024.] |
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