Vanzant et al v. Hill's Pet Nutrition, Inc. et al
| Vanzant, Holly Blaine Vanzant, Dana Land and Sherry Nevius |
| Hill's Pet Nutrition, Inc, Hill's Pet Nutrition, Inc., PetSmart, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital and BluePearl Vet, LLC |
| 1:2017cv02535 |
| April 3, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Jorge L Alonso |
| Samuel Der-Yeghiayan |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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Filing 314
MEMORANDUM Opinion and Order: Plaintiff's Motion for Class Certification #249 is granted in part and denied in part. This case is set for status hearing on October 26, 2023 at 9:30 a.m. Signed by the Honorable Jorge L. Alonso on 9/29/2023. Notice mailed by Judge's staff (lf, )
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Filing 313
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' Motion to withdraw as counsel #312 is granted. Attorney Michael Patrick Morrill is given leave to withdraw as counsel for Plaintiffs. Notice mailed by Judge's staff (lf, )
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Filing 312
MOTION by Attorney Michael Patrick Morrill to withdraw as attorney for Sherry Nevius, Holly Blaine Vanzant. No party information provided (Mcglamry, Michael)
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Filing 311
REPLY by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to motion for miscellaneous relief #292 In Support of Their Motion to Partially Exclude Defendants' Proffered Survey Expert Sarah Butler (Tompkins, Luke)
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Filing 310
REPLY by Hill's Pet Nutrition, Inc. to MOTION by Defendant Hill's Pet Nutrition, Inc. / Defendants to Exclude the Opinions and Testimony of Plaintiffs' Proffered Consumer Survey Expert Rebbecca Reed-Arthurs #273 (Chanoine, Hannah)
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Filing 309
REPLY by Hill's Pet Nutrition, Inc. to MOTION by Defendant Hill's Pet Nutrition, Inc. to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz #274 (Chanoine, Hannah)
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Filing 308
DECLARATION of Hannah Y. Chanoine regarding response in opposition to motion #307 (Attachments: #1 Exhibit W - Trademark and Deceptive Advertising Surveys Ch. 11, #2 Exhibit X - Reference Manual, #3 Exhibit Y - Trademark Surveys)(Chanoine, Hannah)
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Filing 307
RESPONSE by Hill's Pet Nutrition, Inc.in Opposition to MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant- to Partially Exclude Defendants' Proffered Expert Sarah Butler #292 (Chanoine, Hannah)
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Filing 306
MINUTE entry before the Honorable Jorge L. Alonso: Defendant Hill's Pet Nutrition, Inc. ("Defendant") filed an unopposed motion #303 to file under seal Exhibit 39 to its reply in support of its motion for class certification because it contains or discusses commercially sensitive, confidential information, including marketing strategies and competitively sensitive research. The information, if publicly disclosed, could result in competitive harm to Defendant. For good cause shown, Defendant's motion #303 is granted. See Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 545 (7th Cir. 2002) ("trade secrets" or "something comparable whose economic value depends on its secrecy" may be filed under seal); LR 26.2(b). Motion hearing set for 5/25/23 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 305
DECLARATION of Brian McCall in Support of Defendant Hill's Unopposed Motion to Seal Exhibit 39 Provisionally Filed Under Seal in Support of Plaintiffs' Reply Supporting their Motion for Class Certification as to Defendant Hill's Pet Nutrition, Inc. regarding motion to seal, #303 (Daniels, Justine)
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Filing 304
(Notice of Unopposed Motion to Seal Exhibit 39 Provisionally Filed Under Seal in Support of Plaintiffs' Reply Supporting their Motion for Class Certification as to Defendant Hill's Pet Nutrition, Inc.) NOTICE of Motion by Justine Marise Daniels for presentment of motion to seal, #303 before Honorable Jorge L. Alonso on 5/25/2023 at 09:30 AM. (Daniels, Justine)
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Filing 303
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal Exhibit 39 Provisionally Filed Under Seal in Support of Plaintiffs' Reply Supporting their Motion for Class Certification as to Defendant Hill's Pet Nutrition, Inc. (UNOPPOSED) (Daniels, Justine)
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Filing 302
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs filed a motion for leave #298 to file provisionally under seal one document attached as Exhibit 39 to the declaration of Michael P. Morrill in support of Plaintiffs' reply in support of their motion for class certification. Plaintiffs state that Exhibit 39 has been designated as Attorneys' Eyes Only by Defendant Hill's Pet Nutrition, Inc. ("Hill's") pursuant to the parties' Agreed Confidentiality Order #100 . "The court may for good cause shown enter an order directing that one or more documents be filed under seal." L.R. 26.2(b). Under the parties' Agreed Confidentiality Order, the mere designation of a document as "Attorneys Eyes Only" does not alone amount to the required "good cause" or allow for that document to be filed under seal. [100, para. 8]. Plaintiffs, however, only seek leave to file the document provisionally under seal so that Hill's may have more time to review it and can file a motion for leave to file the document under seal, with support, should it so choose. Accordingly, Plaintiffs' motion is granted. The document will remain provisionally sealed until May 15, 2023, to allow Hill's to file a properly supported motion to seal if it so chooses. The hearing set for May 2, 2023 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 301
SEALED DOCUMENT by Plaintiffs Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 300
RESPONSE by Sherry Nevius, Holly Blaine Vanzantin Opposition to MOTION by Defendant Hill's Pet Nutrition, Inc. to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz #274 (Carey, Ellen)
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Filing 299
NOTICE of Motion by Ellen M Carey for presentment of motion to seal document #298 before Honorable Jorge L. Alonso on 5/2/2023 at 09:30 AM. (Carey, Ellen)
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Filing 298
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to seal document declaration #297 (Carey, Ellen)
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Filing 297
DECLARATION of Michael P. Morrill regarding reply to response to motion #296 , reply to response to motion #295 (Carey, Ellen)
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Filing 296
REPLY by Sherry Nevius, Holly Blaine Vanzant to response in opposition to motion, #280 (Carey, Ellen)
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Filing 295
REPLY by Sherry Nevius, Holly Blaine Vanzant to response in opposition to motion #272 (Carey, Ellen)
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Filing 294
DECLARATION of Luke C. Tompkins regarding memorandum in support of motion #293 (Attachments: #1 Exhibit 1 - Sarah Butler October 7, 2022 Deposition Transcript)(Tompkins, Luke)
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Filing 293
MEMORANDUM by Sherry Nevius, Holly Blaine Vanzant in support of motion for miscellaneous relief #292 - to Partially Exclude Defendants' Proffered Expert Sarah Butler (Tompkins, Luke)
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Filing 292
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant- to Partially Exclude Defendants' Proffered Expert Sarah Butler (Tompkins, Luke)
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Filing 291
RESPONSE by Sherry Nevius, Holly Blaine Vanzantin Opposition to MOTION by Defendant Hill's Pet Nutrition, Inc. / Defendants to Exclude the Opinions and Testimony of Plaintiffs' Proffered Consumer Survey Expert Rebbecca Reed-Arthurs #273 (Tompkins, Luke)
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Filing 290
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's Motion for withdrawal counsel #289 is granted. Attorney Anna Schneider is given leave to withdraw as counsel for Defendant Hill's Pet Nutrition, Inc. Notice mailed by Judge's staff (lf, )
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Filing 289
MOTION by Attorney Anna Schneider to withdraw as attorney for Hill's Pet Nutrition, Inc.. No party information provided (Schneider, Anna)
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Filing 288
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' unopposed motion to extend the class certification and Daubert briefing schedule and for leave to exceed the page limitation for Plaintiffs' reply in support of their motion for class certification as to Defendant Hill's #286 is granted. Plaintiffs' reply in support of class certification, Daubert Motions and Opposition to Defendants' Daubert motions shall be filed by 4/26/23; Defendants' reply in support of Daubert motions and oppositions to Plaintiff's Daubert motions shall be filed by 5/26/23; Plaintiffs' replies in support of Daubert motions shall be filed by 6/19/23. Motion hearing date of 4/18/23 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 287
UNOPPOSED NOTICE of Motion by Ellen M Carey for presentment of extension of time #286 before Honorable Jorge L. Alonso on 4/18/2023 at 09:30 AM. (Carey, Ellen)
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Filing 286
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant for extension of time UNOPPOSED (Carey, Ellen)
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Filing 285
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs move to file provisionally under seal portions of their memorandum of law and exhibits in support of their motion for class certification #253 . The Court having previously granted Defendant's motion for leave to file under seal the same materials, Plaintiffs' motion is granted for the reasons stated in the Court's Order of 3/6/2023 #270 . Defendant Hill's Pet Nutrition, Inc. ("Hill's") filed an unopposed motion to file under seal #277 two exhibits filed in support of its Opposition to Plaintiffs' Motion for Class Certification and Motion to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz because each contains or discusses commercially sensitive, confidential information, including pricing and retail strategies and sales data. Defendant Hill's has narrowly tailored its request by redacting only the information that discloses confidential information that, if publicly disclosed, could result in competitive harm to Defendant Hill's. See Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 545 (7th Cir. 2002) ("trade secrets" or "something comparable whose economic value depends on its secrecy" may be filed under seal). Based upon a similar rationale, Defendant PetSmart, LLC filed an unopposed motion to seal #281 narrowly tailored portions of one exhibit, and the entirety of two exhibits, filed in support of its Opposition to Plaintiffs' Motion for Class Certification, as well as select portions of one exhibit to Hill's Opposition. For good cause shown, Defendants' motions #277 and #281 are granted. See LR 26.2(b). Because Defendant Hill's filed the same motion twice, Defendant Hill's motion #276 is denied as duplicative. Motion hearings set for 3/28/2023 and 3/30/2023 are stricken. Notice mailed by Judge's staff (lf, )
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Filing 284
SEALED EXHIBIT by Defendant PetSmart, LLC Exhibit 2 regarding MOTION by Defendant PetSmart, LLC to seal #281 , response in opposition to motion, #280 (Attachments: #1 Exhibit 6, #2 Exhibit 7)(McCall, Kara)
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Filing 283
SEALED EXHIBIT by Defendant Hill's Pet Nutrition, Inc. included Exhibit J regarding response in opposition to motion #272 , MOTION by Defendant Hill's Pet Nutrition, Inc. to seal Unopposed Motion to Seal Certain Exhibits in Support of Defendant Hill's Opposition to Plaintiffs' Motion for Class Certification and Motion to Exclude the Opinions and Testimony #277 , MOTION by Defendant Hill's Pet Nutrition, Inc. / Defendants to Exclude the Opinions and Testimony of Plaintiffs' Proffered Consumer Survey Expert Rebbecca Reed-Arthurs #273 , MOTION by Defendant Hill's Pet Nutrition, Inc. to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz #274 (Attachments: #1 Exhibit Q, #2 Exhibit V)(Chanoine, Hannah)
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Filing 282
NOTICE of Motion by Kara L McCall for presentment of motion to seal #281 before Honorable Jorge L. Alonso on 3/30/2023 at 09:30 AM. (McCall, Kara)
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Filing 281
MOTION by Defendant PetSmart, LLC to seal (McCall, Kara)
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Filing 280
RESPONSE by PetSmart, LLCin Opposition to MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to certify class #249 (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(McCall, Kara)
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Filing 279
DECLARATION of Brian McCall regarding motion to seal, #277 in Support of Unopposed Motion to Seal Certain Exhibits in Support of Defendant Hill's Opposition to Plaintiffs' Motion for Class Certification and Motion to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz (Daniels, Justine)
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Filing 278
NOTICE of Motion by Justine Marise Daniels for presentment of motion to seal, #277 before Honorable Jorge L. Alonso on 3/28/2023 at 09:30 AM. (Daniels, Justine)
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Filing 277
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal Unopposed Motion to Seal Certain Exhibits in Support of Defendant Hill's Opposition to Plaintiffs' Motion for Class Certification and Motion to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz (Daniels, Justine)
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Filing 276
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal / Unopposed Motion to Seal Certain Exhibits in Support of Defendant Hill's Opposition to Plaintiffs' Motion for Class Certification and Motion to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz (Chanoine, Hannah)
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Filing 275
DECLARATION of Hannah Y. Chanoine regarding response in opposition to motion #272 , motion for miscellaneous relief #273 , motion for miscellaneous relief #274 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Chanoine, Hannah)
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Filing 274
MOTION by Defendant Hill's Pet Nutrition, Inc. to Exclude the Opinions and Testimony of Plaintiffs' Proffered Damages Expert Janet Netz (Chanoine, Hannah)
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Filing 273
MOTION by Defendant Hill's Pet Nutrition, Inc. / Defendants to Exclude the Opinions and Testimony of Plaintiffs' Proffered Consumer Survey Expert Rebbecca Reed-Arthurs (Chanoine, Hannah)
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Filing 272
RESPONSE by Hill's Pet Nutrition, Inc.in Opposition to MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to certify class #249 (Chanoine, Hannah)
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Filing 271
EXHIBIT by Defendant PetSmart, LLC - Corrected Exhibit "F" To Replace Prior Exhibit "F" To Defendants' Joint Motion To Strike Rebuttal Opinions regarding declaration #242 (McCall, Kara)
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Filing 270
MINUTE entry before the Honorable Jorge L. Alonso: Defendant Hill's Pet Nutrition, Inc. filed an unopposed motion to file under seal #263 select portions of certain exhibits that were filed by Plaintiffs in support of their motion for class certification on the basis that they constitute trade secrets, business information that might harm competitive standing if made public, and/or are not materials that form the basis of the parties' dispute or the district court's resolution. See Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 545 (7th Cir. 2002) ("trade secrets" or "something comparable whose economic value depends on its secrecy" may be filed under seal); id. at 548 ("The strong presumption of public disclosure applies only to the materials that formed the basis of the parties' dispute and the district court's resolution."). Defendant PetSmart, LLC filed an unopposed motion to seal narrowly tailored portions of a previously filed exhibit #267 for the same reasons. For good cause shown, Defendants' motions #263 and #267 are granted. See LR 26.2(b). Motion hearing set for 3/7/2023 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 269
NOTICE of Motion by Kara L McCall for presentment of motion to seal #267 before Honorable Jorge L. Alonso on 3/7/2023 at 09:30 AM. (McCall, Kara)
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Filing 268
SEALED EXHIBIT by Defendant PetSmart, LLC "Exhibit A" regarding MOTION by Defendant PetSmart, LLC to seal #267 (McCall, Kara)
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Filing 267
MOTION by Defendant PetSmart, LLC to seal (McCall, Kara)
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Filing 266
DECLARATION of Brian McCall regarding motion to seal #263 IN SUPPORT OF DEFENDANTS' UNOPPOSED MOTION TO SEAL CERTAIN EXHIBITS IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (Daniels, Justine)
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Filing 265
DECLARATION of Justine Daniels regarding motion to seal #263 IN SUPPORT OF DEFENDANTS' UNOPPOSED MOTION TO SEAL CERTAIN EXHIBITS IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Daniels, Justine)
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Filing 264
NOTICE of Motion by Justine Marise Daniels for presentment of motion to seal #263 before Honorable Jorge L. Alonso on 3/7/2023 at 09:30 AM. (Daniels, Justine)
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Filing 263
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal / DEFENDANTS' UNOPPOSED MOTION TO SEAL CERTAIN EXHIBITS IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (Daniels, Justine)
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Filing 262
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to exceed page limitation in opposition to Plaintiffs' motion for class certification #258 is granted. Motion hearing date of 2/23/23 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 261
RESPONSE by Sherry Nevius, Holly Blaine Vanzantin Opposition to MOTION by Defendant Hill's Pet Nutrition, Inc. for leave to file excess pages in Opposition to Plaintiffs' Motion for Class Certification #258 (Carey, Ellen)
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Filing 260
Amended NOTICE of Motion by Hannah Chanoine for presentment of motion for leave to file excess pages #258 before Honorable Jorge L. Alonso on 2/23/2023 at 11:00 AM. (Chanoine, Hannah)
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Filing 259
NOTICE of Motion by Hannah Chanoine for presentment of motion for leave to file excess pages #258 before Honorable Jeffrey Cole on 2/23/2023 at 11:00 AM. (Chanoine, Hannah)
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Filing 258
MOTION by Defendant Hill's Pet Nutrition, Inc. for leave to file excess pages in Opposition to Plaintiffs' Motion for Class Certification (Chanoine, Hannah)
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Filing 257
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion for class certification #249 is taken under advisement. The Court adopts the parties' proposed briefing schedule. Defendants' Opposition to Class Certification Motion and Daubert Motions shall be filed by 3/20/23; Plaintiffs' reply in support of class certification, Daubert Motions and Opposition to Defendants' Daubert motions shall be filed by 4/19/23; Defendants' reply in support of Daubert motions and oppositions to Plaintiff's Daubert motions shall be filed by 5/19/23; Plaintiffs' replies in support of Daubert motions shall be filed by 6/19/23. Motion hearing date of 1/26/23 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 256
MINUTE entry before the Honorable Jeffrey Cole: On 1/6/23, we entered a Memorandum Opinion and Order that provided if the parties wanted a settlement conference, they should contact the Court and a conference would be set. Not having heard from counsel, and the discovery having closed, the video status conference set for 3/3/23 is stricken, the referral is closed and the case returned to Judge Alonso. Emailed notice (yt)
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Filing 255
MINUTE entry before the Honorable Jeffrey Cole: On the Court's own motion, the video status conference set for 1/25/23 is stricken and RESCHEDULED for 3/3/23 at 9:30am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt)
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Filing 254
NOTICE of Motion by Ellen M Carey for presentment of motion to seal document, #253 before Honorable Jorge L. Alonso on 1/26/2023 at 09:30 AM. (Carey, Ellen)
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Filing 253
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to seal document sealed response, #252 for Leave to File Provisionally Under Seal Plaintiffs' Memorandum of Law and Exhibits in Support of Their Motion for Class Certification (Carey, Ellen)
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Filing 252
SEALED RESPONSE by Sherry Nevius, Holly Blaine Vanzant to MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to certify class #249 (Attachments: #1 Appendix Exhibit List, #2 Exhibit Exhibits 1-24, #3 Exhibit Exhibit 25-a, #4 Exhibit Exhibit 25-b, #5 Exhibit Exhibits 26-34)(Carey, Ellen)
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Filing 251
NOTICE of Motion by Ellen M Carey for presentment of motion to certify class #249 before Honorable Jorge L. Alonso on 1/26/2023 at 09:30 AM. (Carey, Ellen)
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Filing 250
MEMORANDUM by Sherry Nevius, Holly Blaine Vanzant in support of motion to certify class #249 (Attachments: #1 Appendix Exhibit List, #2 Exhibit Exhibits 1-34)(Carey, Ellen)
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Filing 249
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to certify class (Carey, Ellen)
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Filing 248
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Michael L Mcglamry (Mcglamry, Michael)
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Filing 247
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 1/6/23. Emailed notice (yt)
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Filing 246
MINUTE entry before the Honorable Jeffrey Cole: For the reasons set forth in the accompanying Memorandum Opinion and Order, the defendants' motion [Dkt. #241] is granted insofar as Maronik's report is stricken and defendants's experts are allowed to respond to Netz's opinions about her but-for world in connection with any motion, hearing, or trial. ENTER MEMORANDUM OPINION AND ORDER. Emailed notice (yt)
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Filing 245
DECLARATION of Hannah Y. Chanoine regarding reply #244 / in Support (Attachments: #1 Exhibit H, #2 Exhibit I)(Chanoine, Hannah)
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Filing 244
REPLY by Defendant Hill's Pet Nutrition, Inc. to motion to strike #241 / in Support (Chanoine, Hannah)
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Filing 243
MINUTE entry before the Honorable Jeffrey Cole: Defendants' motion to file under seal unredacted copies of Exhibits D and F [Dkt. #236] is granted. The previously filed Motion to Strike [Dkt. #221] and Requests to seal Exhibits A, B, C, E to the Declaration of Hannah Chanoine to the Motion to Strike [Dkt. #223, 224] are also withdrawn. As Dkt. # 224 has been replaced by properly filed and sealed exhibits, it shall be removed from the docket. Plaintiff's motion to seal Exhibit 6, the Report of Dr. Ugone [Dkt. #233] is denied and Dkt. # 232 is unsealed. Mailed notice (lp, )
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Filing 242
DECLARATION of Hannah Y. Chanoine regarding motion to strike #221 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Chanoine, Hannah)
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Filing 241
MOTION by Defendant Hill's Pet Nutrition, Inc. to strike / Unredacted Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs #221 (Chanoine, Hannah)
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Filing 240
NOTICE of Motion by Hannah Chanoine for presentment of motion to seal document, #236 before Honorable Jeffrey Cole on 1/25/2023 at 11:00 AM. (Chanoine, Hannah)
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Filing 239
SEALED EXHIBIT by Defendant Hill's Pet Nutrition, Inc. Related to Re-Filed Motion to File Under Seal (Provisionally) #223 #236 (Attachments: #1 Exhibit F)(Chanoine, Hannah)
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Filing 238
DECLARATION of Grant Lundgren in Support of Defendants' Re-Filed Motion to File Under Seal, #236 #223 (Chanoine, Hannah)
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Filing 237
DECLARATION of Brian McCall in Support of Defendants' Re-Filed Motion to File Under Seal, #236 #223 (Attachments: #1 Collection of Unpublished Cases from Westlaw Cited in Re-Filed Motion to Seal)(Chanoine, Hannah)
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Filing 236
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal document / Re-Filed Motion to File Under Seal Exhibits in Support of Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs #223 (Chanoine, Hannah)
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Filing 235
MINUTE entry before the Honorable Jeffrey Cole: Given that ten days have passed without any filings responsive to the court's order of November 29th, the court reminds the parties that all provisionally sealed documents will be unsealed on December 13, 2022. [Dkt. # 225 ("... the court will allow the documents to remain provisionally sealed until December 13, 2022..." (emphasis added))]. Mailed notice (lxs, )
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Filing 234
NOTICE of Motion by Ellen M Carey for presentment of motion to seal document, #233 before Honorable Jeffrey Cole on 1/25/2023 at 11:00 AM. (Carey, Ellen)
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Filing 233
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant to seal document exhibit, #232 File Provisionally Under Seal as Exhibit 6 to the Declaration of Ellen M. Carey Supporting Plaintiffs' Response in Opposition to Defs' Joint Motion to Strike Rebuttal Opinions (Carey, Ellen)
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Filing 232
SEALED EXHIBIT by Plaintiffs Sherry Nevius, Holly Blaine Vanzant Declaration of Ellen M. Carey regarding response in opposition to motion, #230 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carey, Ellen)
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Filing 231
DECLARATION of Ellen M. Carey regarding response in opposition to motion, #230 Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Carey, Ellen)
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Filing 230
RESPONSE by Sherry Nevius, Holly Blaine Vanzantin Opposition to MOTION by Defendant Hill's Pet Nutrition, Inc. to strike / Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs #221 (Carey, Ellen)
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Filing 229
ATTORNEY Appearance for Defendant PetSmart, LLC by Amy Pesapane Lally (Lally, Amy)
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Filing 228
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion to substitute party #226 is granted. The Clerk's office is directed to substitute the name "PetSmart, LLC" for Defendant "PetSmart, Inc." Motion hearing date of 12/7/22 is stricken. Plaintiff's motion for leave to appear pro hac vice #216 is granted. Attorney Donalt J. Eglinton is given leave to file an appearance on behalf of Plaintiff. Defendant's motion for leave to appear pro hac vice #218 is granted. Attorney Amy P. Lally is given leave to file an appearance on behalf of Defendant PetSmart. Notice mailed by Judge's staff (lf, )
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Filing 227
NOTICE of Motion by Kara L McCall for presentment of motion to substitute party #226 before Honorable Jorge L. Alonso on 12/7/2022 at 09:30 AM. (McCall, Kara)
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Filing 226
MOTION by Defendant PetSmart, Inc. to substitute party (McCall, Kara)
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Filing 225
MINUTE entry before the Honorable Jeffrey Cole: The defendants have filed a motion to seal #223 all the exhibits supporting their motion to strike #221 and also to redact significant portions of their memorandum in support of that motion. For the following reasons the motion to seal #223 is denied. Under Local Rule 26.2(b), "[t]he court may for good cause shown enter an order directing that one or more documents be filed under seal." The defendants make no such showing other than to say that their motion "refers to, attaches, and cites information that is derived from deposition testimony and expert reports designated as "Confidential" or "Highly Confidential Attorneys Eyes Only" by the producing party pursuant to the Confidentiality Order in this case." [Dkt. #223 , at 1]. But, under the Confidentiality Order, the mere designation of a document as "Confidential" or "Highly Confidential Attorneys Eyes Only" does not alone amount to the required "good cause" or allow for that document to be filed under seal. [Dkt. #100 , Par. 8]. "The determination of good cause [to seal materials] cannot be elided by allowing the parties to seal whatever they want." Citizens First Nat. Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999). A party hoping to file materials in secret must justify the claim of secrecy and "analyze the applicable legal criteria or contend that any document... may... legitimately... be kept from public inspection despite its importance to the resolution of the litigation." Baxter Int'l, Inc. v. Abbott Labs. , 297 F.3d 544, 546 (7th Cir. 2002). See also Bierk v. Tango Mobile, LLC , No. 19 C 5167, 2021 WL 308834 (N.D. Ill. Jan. 29, 2021); Bierk v. Tango Mobile, LLC , No. 19 C 5167, 2021 WL 308833, at *1 (N.D. Ill. Jan. 29, 2021). The portions of their brief the defendants seek to redact tell the court that neither they nor their opponent have abided by the requirements set forth in numerous cases and by the rules regarding what may be kept from public view and what may not. Here are just a few examples of what the parties apparently think is "confidential": "he admitted that several opinions were not rebuttal opinions at all, but new affirmative opinion," "which revised the central opinion she offered through her initial report," "improperly contacted a party represented by counsel just days before her deposition to obtain hearsay to reinforce her original opinion", "as a marketing expert purportedly to rebut Defendants' survey expert, Sarah Butler" [Dkt. #221 , at 1-2]; "During her rebuttal deposition, Dr. Netz disclosed an entirely new opinion that completely contradicts her opening report", "revealed at her deposition that after submitting her rebuttal report and just days before her deposition she and her staff improperly contacted Defendant PetSmart employees in a last-minute effort to bolster her affirmative opinion" [Dkt. #221 , at 2]. The redactions continue in this vein throughout the brief, and the court cannot fathom what is confidential about any of these types of statements. Perhaps the most astounding example of ignoring the "good cause" requirement a requirement which is mandatory, not optional comes when the defendants redact the word "materiality" from the heading "Dr. Maronick's Materiality Opinions are Untimely and Improper." [Dkt. #221 , at 5]. The fact that the parties deem the word "materiality" to be confidential raises questions about whether any of the exhibits are "confidential." Are entire expert reports confidential as the parties seem to think? Unlikely, but without any attempt to show "good cause" in the defendants' motion to seal, there is no way to tell. Clearly, the motion to seal cannot be granted as filed. And as filed, the motion to seal is denied. But the court will allow the documents to remain provisionally sealed until December 13, 2022, to allow the defendants to file a properly supported motion to seal if they so choose. Mailed notice (ber, ) Modified on 11/29/2022 (ber, ).
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Filing 224
DOCUMENT REMOVED Per Court Order Dated 12/12/2022. (Chanoine, Hannah) (Main Document 224 replaced on 12/14/2022) (td, ). Modified on 12/14/2022 (td, ).
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Filing 223
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal document / Unopposed Motion for Leave to File Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs Under Seal (Chanoine, Hannah)
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Filing 222
DECLARATION of Hannah Y. Chanoine regarding motion to strike #221 (Attachments: #1 Exhibit G)(Chanoine, Hannah)
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Filing 221
MOTION by Defendant Hill's Pet Nutrition, Inc. to strike / Defendants' Joint Motion to Strike Rebuttal Opinions of Thomas Maronick, Janet Netz, and Rebbecca Reed-Arthurs (Chanoine, Hannah)
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Filing 220
MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. Expert discovery was ordered to close in this now five year old case on 11/18/22 -- as recognized in the parties' recent status report. #219 . At the status hearing today I was informed that a significant problem had arisen during the recent deposition of an "expert" witness. No motion had been made regarding this issue, and no phone call had been made to Chambers during the deposition, despite the fact that the lawyers had been instructed to call "should any issues arise during depositions." [Emphasis supplied]. Counsel for the defendant said she had interpreted the Order as only being intended to apply in the event that there were disruptions to or misbehavior during the deposition. Moreover, in the Joint Status Report of 11/10/22 #219 , counsel was aware that a problem could arise and stated: "Defendants believe that, based on Plaintiffs' disclosed expert reports and deposition testimony, Plaintiffs' experts intend to offer opinions and testimony that are not proper, which Defendants may seek to strike. Plaintiffs disagree. Once the depositions are complete, and consistent with LR 37.2, Defendants will meet and confer with Plaintiffs to attempt to resolve this issue without court intervention." Although they were unsuccessful in their attempt to resolve the issue, no motion was made in advance of the deposition. The following schedule will govern the filing of the briefs on this issue: Defendant's motion will be filed on 11/28/22, response by plaintiff on 12/5/22, reply, if necessary by 12/12/22. The next video status conference is set for 1/25/23 at 11:00am. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Instructions will be emailed to counsel. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt)
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Filing 219
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 218
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20035364. (Lally, Amy)
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Filing 217
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 216
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19916948. (Eglinton, Donalt)
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Filing 215
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 214
MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. Parties report that discovery is proceeding without incident. The next video status report is set for 11/22/22 at 9:00am. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Instructions will be emailed to counsel. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any issues arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt)
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Filing 213
MINUTE entry before the Honorable Jeffrey Cole: The Agreed Motion To Extend Expert Deposition Deadline For The Limited Purpose of Deposing Dr. Kathy Gross to 10/13/22 #210 is granted. Emailed notice (yt)
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Filing 212
ATTORNEY Appearance for Defendant PetSmart, Inc. by Lauren Tallon Keane (Keane, Lauren)
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Filing 211
NOTICE of Motion by Hannah Chanoine for presentment of extension of time #210 before Honorable Jeffrey Cole on 9/21/2022 at 09:30 AM. (Chanoine, Hannah)
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Filing 210
MOTION by Defendant Hill's Pet Nutrition, Inc. for extension of time (Agreed Motion to Extend Expert Deposition Deadline for the Limited Purpose of Deposing Dr. Kathy Gross) (Chanoine, Hannah)
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Filing 209
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 208
MINUTE entry before the Honorable Jeffrey Cole: At the Court's instance, the video status conference set for 9/7/22 is RESCHEDULED for 9/21/22 at 10:00am. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Instructions will be emailed to counsel. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any issues arise during depositions, counsel should contact the Court. Emailed notice (yt)
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Filing 207
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 206
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 205
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 204
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Kevin Michael Forde Amended Appearance of Kevin M. Forde (Forde, Kevin)
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Filing 203
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 202
TRANSCRIPT OF PROCEEDINGS held on 03/14/22 before the Honorable Jeffrey Cole. Order Number: 42879. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (Mullen, Patrick)
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Filing 201
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 200
MINUTE entry before the Honorable Jorge L. Alonso: Defendant PetSmart LLC's motion to withdraw motion for leave to file motion for summary judgment #197 is granted. Motion hearing date of 5/23/22 is stricken. The previously set briefing schedule #196 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 199
MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. Fact discovery is closed and the parties are presently involved in expert discovery, which will end on 11/18/22 #190 . Counsel reported that there were no issues that required discussion or attention at this point. Counsel were reminded that if any issues arises during discovery, to contact the Court. The next video status conference is set for 9/7/22 at 9:30am. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Instructions will be emailed to counsel. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any issues arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt)
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Filing 198
NOTICE of Motion by Kara L McCall for presentment of motion to withdraw #197 before Honorable Jorge L. Alonso on 5/23/2022 at 09:30 AM. (McCall, Kara)
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Filing 197
MOTION by Defendant PetSmart, Inc. to withdraw Motion For Leave To File Motion For Summary Judgment #193 (McCall, Kara)
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Filing 196
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Defendant PetSmart, LLC's Motion for leave to file motion for summary judgment #193 is granted. Defendant's motion for summary judgment shall be filed by 6/9/22; Plaintiffs' response shall be filed by 7/8/22; Defendant's reply shall be filed by7/22/22. The Court will rule electronically on the motion. Discovery is to proceed. Notice mailed by Judge's staff (lf, )
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Filing 195
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion #19 hearing set for 5/12/22 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 194
NOTICE of Motion by Kara L McCall for presentment of motion for leave to file #193 before Honorable Jorge L. Alonso on 5/12/2022 at 09:30 AM. (McCall, Kara)
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Filing 193
MOTION by Defendant PetSmart, Inc. for leave to file Motion for Summary Judgment (McCall, Kara)
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Filing 192
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 191
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 190
MINUTE entry before the Honorable Jeffrey Cole: My order of 3/24/22 #187 mistakenly ordered that the new expert discovery deadline is 10/10/22. That Order is amended as follows: the close of expert discovery (including depositions) is 11/18/22. We apologize for any inconvenience the error may have caused. Mailed notice (sxw)
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Filing 189
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Kayla Haran (Haran, Kayla)
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Filing 188
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Anna Schneider (Schneider, Anna)
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Filing 187
MINUTE entry before the Honorable Jeffrey Cole: Order number #177 stated in part "Thus, while the motion is granted 176, the parties should be under no illusions: THIS IS A FINAL EXTENSION. It cannot be too often stressed that "[m]anaging the discovery process is the district court's business." Brill v. Lante Corp., 119 F.3d 1266, 1275 (7th Cir. 1997). Accord Wanko v. Bd. of Trustees of Indiana Univ., 927 F.3d 966, 969 (7th Cir. 2019). "All good things, including discovery, must come to an end." U.S. ex rel Taylor v. Hicks, 513 F.3d 228, 238 (5th Cir. 2008). That time is at hand here. The parties and their counsel should not overlook Local Rule 16.1. which requires that discovery be completed not merely scheduled within the discovery deadlines set by the court. Finally, counsel are to file a Joint status report every three weeks that details the progress of discovery, including what discovery has occurred, what discovery has been scheduled, what discovery remains to be completed, etc." Nonetheless, the parties or at least one of them, has now informed the court that the discovery schedule "may need some alterations." #183 . Thereafter, the plaintiffs move for another extension #186 , this time seeking another 60 days. The defendants objected to 60 days, but are willing to agree to a 30 day extension, subject to certain conditions. [186, para. 15 and 16]. The plaintiff's motion #186 is denied. However, fact and expert discovery will be extended 30 days, as discussed in the defendants' response. If the plaintiff has experienced difficulty in obtaining documents, the proper remedy was to seek assistance from the Court, rather than simply to keep seeking extensions of the discovery schedule. As the 5th Circuit has rightly said, "All good things, including discovery, must come to an end." #177 . For this case, that time is at hand. Fact discovery (including depositions) will now end on 4/22/22. Expert discovery (including depositions) will end on 10/10/22. Local Rule 16.1 should not be ignored, and will be rigorously followed. Emailed notice (yt)
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Filing 186
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant for extension of time to complete discovery (Carey, Ellen)
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Filing 185
MINUTE entry before the Honorable Jorge L. Alonso: The parties' Motions to appear pro hac vice #175 , #178 and #184 are granted. Attorney Daniel R. Shulman is given leave to file an appearance on behalf of Plaintiffs. Attorneys Kayla Haran and Anna Schneider are given leave to file appearances on behalf of Defendant Hill's Pet Nutrition, Inc. Notice mailed by Judge's staff (lf, )
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Filing 184
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19271655. (Schneider, Anna)
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Filing 183
MINUTE entry before the Honorable Jeffrey Cole: Video status conference held and continued to 5/16/22. Counsel are working cooperatively and efficiently towards completing discovery within the present schedule. However, due to certain circumstances described in the Joint Status report #180 , the present discovery schedule may need some alterations. If that were to occur, the parties will file an appropriate motion. The next video status conference is set for 5/16/22 at 11:00am CST. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt)
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Filing 182
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Radhika V. Lohia (Lohia, Radhika)
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Filing 181
Notice of Withdrawal of Counsel by Hill's Pet Nutrition, Inc. (Babu, Naomi)
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Filing 180
STATUS Report JOINT by Sherry Nevius, Holly Blaine Vanzant (Carey, Ellen)
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Filing 179
MINUTE entry before the Honorable Jeffrey Cole: The video status conference scheduled for 3/16/22 is cancelled and CHANGED to 3/14/22 at 11:00am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt)
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Filing 178
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19187241. (Haran, Kayla)
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Filing 177
MINUTE entry before the Honorable Jeffrey Cole: Video status conference held and motion hearing held on 2/16/22. This case, which involves a claim by purchasers of the defendant's dog food that the plaintiffs and other consumers were falsely led to believe that the defendant's pet food products contained a drug or medicine which, it is claimed, they do not. Despite the seeming clarity of the claim, and the fact that we are now in the fifth year of litigation, the plaintiffs have moved for a 30 day extension of the fact discovery deadline which was scheduled to close on 2/21/22. #152 . Plaintiff also seeks to add time to the expert discovery schedule which was to close on 8/8/22, [152, 176], which would make the period of discovery in this case span five and a half years. It is well to remember that judges' failures to properly monitor discovery is a source of constant criticism by reviewing courts, and is deemed to be the source of increased costs of litigation and accounts for much of the abuses by plaintiffs' and defendants' lawyers, alike. See, e.g., Malautea v. Suzuki Motor Co. Ltd., 987 F.2d 1536 (11th Cir. 1993)(Roney, J., concurring). See also Victor Marrero, The Costs of Rules, The Rule of Costs, 37 Cardozo L.Rev. 1599 (2016); Frank H. Easterbrook, Discovery as Abuse, 69 B.U.L.Rev. 635, 639 (1989). Cf. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Swanson v. Citibank, N.A., 614 F.3d 400, 411412 (7th Cir.2010); Continental Insurance. Co. v. Chase Manhattan Mortgage Corp., 59 Fed. Appx. 830, 840 (7th Cir.2003). Thus, while the motion is granted #176 , the parties should be under no illusions: THIS IS A FINAL EXTENSION. It cannot be too often stressed that "[m]anaging the discovery process is the district court's business." Brill v. Lante Corp., 119 F.3d 1266, 1275 (7th Cir. 1997). Accord Wanko v. Bd. of Trustees of Indiana Univ., 927 F.3d 966, 969 (7th Cir. 2019). "All good things, including discovery, must come to an end." U.S. ex rel Taylor v. Hicks, 513 F.3d 228, 238 (5th Cir. 2008). That time is at hand here. The parties and their counsel should not overlook Local Rule 16.1. which requires that discovery be completed not merely scheduled within the discovery deadlines set by the court. Finally, counsel are to file a Joint status report every three weeks that details the progress of discovery, including what discovery has occurred, what discovery has been scheduled, what discovery remains to be completed, etc. The next video status is set for 3/16/22 at 9:30am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt)
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Filing 176
MOTION by Plaintiffs Sherry Nevius, Holly Blaine Vanzant for extension of time to complete discovery (Carey, Ellen)
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Filing 175
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19151029. (shulman, daniel)
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Filing 174
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Lynwood P Evans (Evans, Lynwood)
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Filing 173
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Edward J Coyne, III (Coyne, Edward)
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Filing 172
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Luke C Tompkins (Tompkins, Luke)
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Filing 171
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Justine Marise Daniels (Daniels, Justine)
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Filing 170
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Naomi Babu (Babu, Naomi)
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Filing 169
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Bruce C. Pettig (Pettig, Bruce)
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Filing 168
MINUTE entry before the Honorable Jeffrey Cole: The video status conference set for 2/16/22 at 9:00am has a new dial-in number. Please call (571) 353-2301, access code 509147929#. (NOTE CHANGE IN DIAL-IN NUMBER). Instructions will be emailed to counsel. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any issues arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt)
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Filing 167
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Matthew D. Davis (Notice of Appearance) (Davis, Matthew)
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Filing 166
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Michael A Kelly (Kelly, Michael)
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Filing 165
ATTORNEY Appearance for Plaintiffs Sherry Nevius, Holly Blaine Vanzant by Michael Patrick Morrill (Morrill, Michael)
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Filing 164
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motions for pro hac vice #157 , #158 , #159 , #160 , #161 , #162 and #163 are granted. Attorneys Michael Morrill, Edward Coyne, Luke Tompkins, Lynwood Evans, Michael Kelly and Matthew Davis are given leave to file appearances on behalf of Plaintiffs'. Notice mailed by Judge's staff (lf, )
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Filing 163
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19113586. (Davis, Matthew)
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Filing 162
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19113531. (Kelly, Michael)
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Filing 161
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150. (Kelly, Michael)
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Filing 160
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19107977. (Evans, Lynwood)
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Filing 159
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19107932. (Tompkins, Luke)
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Filing 158
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19107875. (Coyne, Edward)
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Filing 157
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19106234. (Morrill, Michael)
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Filing 156
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motions for pro hac vice #153 , #154 and #155 are granted. Attorneys Justine Daniels, Bruce Pettig and Naomi Babu are given leave to file an appearance on behalf of Defendants. Notice mailed by Judge's staff (lf, )
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Filing 155
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19074382. (Babu, Naomi)
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Filing 154
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19074333. (Pettig, Bruce)
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Filing 153
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19074204. (Daniels, Justine)
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Filing 152
MINUTE entry before the Honorable Jeffrey Cole: The Agreed Motion For Extension Of Time To Complete Discovery #151 is granted. The extended discovery schedule is as follows: Fact discovery (including depositions) to be completed by 2/21/22; Plaintiffs' Rule 26(a)(2) expert disclosures to be completed by 4/4/22; Depositions of Plaintiffs' expert(s) to be completed by 5/16/22; Defendants' Rule 26(a)(2) expert disclosures to be completed by 6/27/22; Depositions of Defendants' expert(s) to be completed by 8/8/22; All expert discovery (including expert depositions) to be completed by 8/8/22. Accordingly, the video status conference set for 12/16/21 is stricken and rescheduled to 2/16/22 at 9:00am. Instructions were emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2300, access code 094859009. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 151
MOTION by Defendant Hill's Pet Nutrition, Inc. for extension of time to complete discovery / Agreed Motion for Extension of Time to Complete Discovery (Chanoine, Hannah)
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Filing 150
MINUTE entry before the Honorable Jeffrey Cole: The video status conference set for 12/16/21 at 11:00am, is RESCHEDULED TO 9:30am. (THIS IS A TIME CHANGE ONLY). Instructions were emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2300, access code 094859009. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt)
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Filing 149
MINUTE entry before the Honorable Jeffrey Cole: The telephone status conference scheduled for 12/16/21 at 11:00am, is changed to a video status conference. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2300, access code 094859009. (NOTE CHANGE IN DIAL-IN NUMBER). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 148
NOTICE by Ellen M Carey of Change of Address (Carey, Ellen)
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Filing 147
NOTICE by Kevin R. Malloy of Change of Address (Malloy, Kevin)
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Filing 146
NOTICE by Brian Patrick O'Meara of Change of Address (O'Meara, Brian)
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Filing 145
NOTICE by Michael K. Forde of Change of Address (Forde, Michael)
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Filing 144
NOTICE by Kevin Michael Forde of Change of Address (Forde, Kevin)
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Filing 143
MINUTE entry before the Honorable Jeffrey Cole: The telephone status conference set for 11/1/21 is RESCHEDULED to 12/16/21 at 11:00am CST. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 142
ANSWER to amended complaint (Answer to Plaintiffs' Second Amended Class Action Complaint) by Hill's Pet Nutrition, Inc.(Chanoine, Hannah)
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Filing 141
MINUTE entry before the Honorable Jorge L. Alonso: Defendant Hill's Pet Nutrition Inc.'s unopposed motion for extension of time to answer or otherwise plead in response to Plaintiffs' second amended complaint #139 is granted to 9/28/21. Motion hearing date of 9/21/21 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 140
NOTICE of Motion by Hannah Chanoine for presentment of extension of time #139 before Honorable Jorge L. Alonso on 9/21/2021 at 09:30 AM. (Chanoine, Hannah)
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Filing 139
MOTION by Defendant Hill's Pet Nutrition, Inc. for extension of time to Answer or Otherwise Plead in Response to Plaintiffs' Second Amended Complaint (Chanoine, Hannah)
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Filing 138
ANSWER to amended complaint #136 by PetSmart, Inc.(McCall, Kara)
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Filing 136
SECOND AMENDED complaint by Holly Blaine Vanzant, Sherry Nevius against Hill's Pet Nutrition, Inc., PetSmart, Inc. and terminating Dana Land (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carey, Ellen)
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Filing 137
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff Dana Land's motion to withdraw as a named Plaintiff and representative of the putative class and to voluntarily dismiss her individual claims without prejudice #132 is granted. Plaintiff Vanzant's motion for leave to file a second amended class action complaint #132 is granted. Plaintiff is directed to file the second amended complaint as a separate document on the docket. Notice mailed by Judge's staff (lf, )
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Filing 135
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 8/30/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, )
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Filing 134
NOTICE of Motion by Ellen M Carey for presentment of motion to dismiss #131 before Honorable Jorge L. Alonso on 8/30/2021 at 09:30 AM. (Carey, Ellen)
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Filing 133
NOTICE of Motion by Ellen M Carey for presentment of motion for leave to file #132 before Honorable Jorge L. Alonso on 8/30/2021 at 09:30 AM. (Carey, Ellen)
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Filing 132
MOTION by Plaintiff Holly Blaine Vanzant for leave to file SECOND AMENDED CLASS ACTION COMPLAINT (Attachments: #1 Exhibit A, #2 Exhibit B)(Carey, Ellen)
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Filing 131
MOTION by Plaintiff Dana Land to dismiss PLAINTIFF DANA LAND'S MOTION TO WITHDRAW AS A NAMED PLAINTIFF AND REPRESENTATIVE OF THE PUTATIVE CLASS AND TO VOLUNTARILY DISMISS HER INDIVIDUAL CLAIMS WITHOUT PREJUDICE (Carey, Ellen)
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Filing 130
MINUTE entry before the Honorable Jeffrey Cole: CORRECTION to Order #129 : The next telephone status conference is set for 11/1/21 at 1:30pm CST. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 129
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 8/3/21. The parties are working through discovery issues, and neither side had any matters that required discussion. The next telephone status conference is set for 11/3/21 at 1:30pm CST. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 128
MINUTE entry before the Honorable Jeffrey Cole: The Plaintiff's Unopposed Motion For An Extension of Time To Complete Discovery #127 , is granted. The schedule is as follows: Deadline for the parties to serve document requests and interrogatories on each other - 8/31/21; Deadline to serve requests for admission - 11/6/21; Fact discovery closure (including depositions) - 1/6/22; Plaintiffs' Rule 26(a)(2) expert disclosures - 2/17/22; Plaintiffs' expert depositions - 3/31/22; Defendants' Rule 26(a)(2) expert disclosures - 5/12/22; Defendants' expert depositions - 6/23/22; and Expert discovery completed (including depositions) 6/23/22. In addition, the parties should be aware of Local Rule 16.1 which states in part "discovery must be completed before the discovery closing date. Discovery requested before the discovery closing date, but not scheduled for completion before the discovery closing date, does not comply with this order." Mailed notice (yt)
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Filing 127
MOTION by Plaintiffs Dana Land, Holly Blaine Vanzant for extension of time to complete discovery UNOPPOSED (Carey, Ellen)
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Filing 126
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Amy J. Laurendeau (Laurendeau, Amy)
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Filing 125
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's Motion to withdraw as attorney #121 is granted. Attorney John Louis Litchfield is given leave to withdraw as counsel for Defendant PetSmart LLC. Motion hearing date of 5/12/21 is stricken. Notice mailed by Judge's staff (lf, )
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Filing 124
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Defendant Petsmart LLC's motion for judgment on the pleadings #114 is denied without prejudice. Notice mailed by Judge's staff (lf, )
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Filing 123
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Jeffrey A. N. Kopczynski (Kopczynski, Jeffrey)
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Filing 122
NOTICE of Motion by John Louis Litchfield for presentment of motion to withdraw as attorney #121 before Honorable Jorge L. Alonso on 5/12/2021 at 09:30 AM. (Litchfield, John)
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Filing 121
MOTION by Attorney John L. Litchfield to withdraw as attorney for PetSmart, Inc.. No party information provided (Litchfield, John)
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Filing 120
STIPULATION regarding motion for judgment on the pleadings #114 (Joint Stipulation Regarding Briefing Schedule) (McCall, Kara)
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Filing 119
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 5/6/21. The parties are working through discovery issues, and neither side had any matters that required discussion. The next telephone status conference is set for 8/3/21 at 10:30am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 118
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 5/7/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Defendant's motion to withdraw as attorney #116 is granted. Attorney Marriam Shah is given leave to withdraw as counsel for Defendant Petsmart LLC. Notice mailed by Judge's staff (lf, )
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Filing 117
NOTICE by Hill's Pet Nutrition, Inc. re MOTION by Defendant PetSmart, Inc. for judgment on the pleadings #114 / Notice of Joinder and Joinder of Petsmart's Motion for Judgment on the Pleadings (Chanoine, Hannah)
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Filing 116
MOTION by Attorney Marriam Shah to withdraw as attorney for PetSmart, Inc.. No party information provided (Shah, Marriam)
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Filing 115
NOTICE of Motion by Kara L McCall for presentment of motion for judgment on the pleadings #114 before Honorable Jorge L. Alonso on 5/7/2021 at 09:30 AM. (McCall, Kara)
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Filing 114
MOTION by Defendant PetSmart, Inc. for judgment on the pleadings (McCall, Kara)
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Filing 113
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motions to appear pro hac vice #111 and #112 are granted. Attorneys Amy J. Laurendeau and Jeffrey A. N. Kopczynski are given leave to file appearances on behalf of Defendant Hill's Pet Nutrition, Inc. Notice mailed by Judge's staff (lf, )
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Filing 112
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18184067. (Kopczynski, Jeffrey)
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Filing 111
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18183914. (Laurendeau, Amy)
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Filing 110
MINUTE entry before the Honorable Jorge L. Alonso: Defendant PetSmart's motion for withdrawal and substitution of counsel #109 is granted. Attorneys Alan R. Ouellette, Eileen Regina Ridley, Zaldwaynaka L. Scott, Lori Lynn Taylor, Hayley Louise Altabef and James T. McKeown are given leave to withdraw as counsel for Defendant. Attorneys Kara L. McCall, Julie Becker, and Abigail Bachrach are given leave to file an appearance on behalf of Defendant. Notice mailed by Judge's staff (lf, )
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Filing 109
MOTION by Attorney Eileen R. Ridley, Alan R. Ouellette, Zaldwaynaka Scott, James T. McKeown, Lori L. Taylor, and Hayley Louise Altabef to withdraw as attorney for PetSmart, Inc.. No party information provided (McCall, Kara)
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Filing 108
ATTORNEY Appearance for Defendant PetSmart, Inc. by Abigail Bachrach (Bachrach, Abigail)
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Filing 107
ATTORNEY Appearance for Defendant PetSmart, Inc. by Julie Becker (Becker, Julie)
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Filing 106
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 2/10/21. The parties report that discovery is proceeding on schedule. The next telephone status conference is set for 5/6/21 at 9:30am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 105
ATTORNEY Appearance for Defendant PetSmart, Inc. by Marriam Shah (Shah, Marriam)
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Filing 104
ATTORNEY Appearance for Defendant PetSmart, Inc. by Kara L McCall (McCall, Kara)
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Filing 103
MINUTE entry before the Honorable Jeffrey Cole:The telephone status conference set for 2/10/21 at 9:00am is RESCHEDULED to 10:00am. THIS IS A TIME CHANGE ONLY. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 102
MINUTE entry before the Honorable Jeffrey Cole: Telephone Status Conference held on 10/19/20. Discovery is progressing smoothly. The next telephone status conference is set for 2/10/21 at 9:00am and counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 101
MINUTE entry before the Honorable Jeffrey Cole: The call-in number for the telephone status conference set for 10/19/20 at 10:00am, is (888) 684-8852, access code 5618926#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions. Mailed notice (yt)
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Filing 100
AGREED CONFIDENTIALITY Order. Signed by the Honorable Jorge L. Alonso on 9/4/2020. Notice mailed by judge's staff (lf, )
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Filing 99
MINUTE entry before the Honorable Jorge L. Alonso: Joint motion for entry of agreed confidentiality order #98 is granted. Enter Agreed Protective Order. Notice mailed by judge's staff (lf, )
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Filing 98
MOTION by Defendant Hill's Pet Nutrition, Inc. for protective order / Joint Motion for Entry of Agreed Confidentiality Order (Attachments: #1 Exhibit 1 - Agreed Confidentiality Order)(Chanoine, Hannah)
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Filing 97
ATTORNEY Appearance for Defendant PetSmart, Inc. by Hayley Louise Altabef (Altabef, Hayley)
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Filing 96
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by Gerard A. Savaresse (Savaresse, Gerard)
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Filing 95
MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion to appear pro hac vice #93 is granted. Attorney Gerard A. Savaresse is given leave to file an appearance on behalf of Defendant Hill's Pet Nutrition, Inc. Notice mailed by judge's staff (lf, )
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Filing 94
ATTORNEY Appearance for Defendant PetSmart, Inc. by Lori Lynn Taylor (Taylor, Lori)
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Filing 93
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17148941. (Savaresse, Gerard)
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Filing 92
MINUTE entry before the Honorable Jeffrey Cole: Telephone Status Conference held on 6/17/20. The parties have agreed that the additional time for extensions required by the General Orders issued by the District Court during the pandemic, is sufficient for discovery. Accordingly, fact discovery is to be completed by 9/6/21. Plaintiff shall comply with FRCP 26(a)(2) by 9/27/21. Deposition of plaintiff's experts shall be completed 10/11/21. Defendants shall comply with FRCP 26(a)(2) by 10/25/21. Deposition of defendants' experts shall be completed by 11/12/21. All expert discovery is to be completed by 11/12/21. Counsel should contact the Court should any difficulties arise during depositions. Counsel may call my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. The next telephone status conference is set for 10/19/20 at 10:00am. Mailed notice (yt)
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Filing 91
MINUTE entry before the Honorable Jeffrey Cole: The JOINT MOTION FOR A SEVEN-DAY EXTENSION OF TIME TO SERVE RESPONSES TO MANDATORY INITIAL DISCOVERY REQUESTS #90 is granted. Mailed notice (yt)
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Filing 90
MOTION by Plaintiffs Dana Land, Holly Blaine Vanzant for extension of time to complete discovery JOINT (Carey, Ellen)
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Filing 89
MINUTE entry before the Honorable Jeffrey Cole: In light of finalization of the June schedule #88 , the new date for the telephonic status conference is set for 6/17/20 at 11:00am. Counsel should call (888) 684-8852, access code 5618926. Mailed notice (yt)
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Filing 88
MINUTE entry before the Honorable Jeffrey Cole: In light of the Third Amended General Order 20-0012 and the present situation, the 5/18/2020 status hearing is stricken. We are awaiting finalization of the June schedule and upon receipt of that schedule, a new status date will be set by order of the court and reflected on the docket. Mailed notice (yt)
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Filing 87
ATTORNEY Appearance for Defendant PetSmart, Inc. by James T. McKeown (McKeown, James)
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Filing 86
ANSWER to amended complaint by Hill's Pet Nutrition, Inc.(Gekas, John)
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Filing 85
ANSWER to amended complaint by PetSmart, Inc.(Ridley, Eileen)
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Filing 84
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held 2/6/2020. Status is set for 5/18/2020 at 10 a.m. CST. Out of town counsel for the parties are permitted to participate telephonically. Counsel should call (888) 684-8852, access code 5618926. Counsel must use a landline. I wish to thank all counsel for their Joint initial Status Report. #74 . It has been most helpful. Fact discovery, including depositions, will close on 6/1/21 #80 as ordered by Judge Alonso. The deadline for the completion of expert discovery will be 18 months after defendant's Answer is filed. [74, p. 4, par. 7]. That Answer is now due on 2/27/20 pursuant to Judge Alonso's Order. #80 .Mailed notice (yt)
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Filing 83
MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 2/6/2020 at 8:30 am.Mailed notice (yt)
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Filing 82
NOTICE by Kevin R. Malloy of Change of Address CHANGE OF FIRM NAME (Malloy, Kevin)
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Filing 81
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision; settlement conference. (lf, )Notices mailed by judge's staff.
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Filing 80
MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held. Defendants shall answers to the complaint by 2/27/20. Parties initial disclosures shall be served by 3/27/20. All fact discovery shall be noticed to be completed by 6/1/21.This case is referred to the magistrate judge for discovery supervision, with authority to set and extend deadlines, and a settlement conference. No further status hearing in front of the District Judge will be set until the referral to the Magistrate Judge is closed. Notices mailed by judge's staff (lf, )
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Filing 79
ATTORNEY Appearance for Plaintiffs Dana Land, Holly Blaine Vanzant by Brian Patrick O'Meara (O'Meara, Brian)
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Filing 78
ATTORNEY Appearance for Plaintiffs Dana Land, Holly Blaine Vanzant by Kevin Michael Forde (Forde, Kevin)
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Filing 77
NOTICE by Ellen M Carey of Change of Address CHANGE OF FIRM NAME (Carey, Ellen)
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Filing 76
NOTICE by Michael K. Forde of Change of Address CORRECTED CHANGE OF FIRM NAME (Forde, Michael)
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Filing 75
NOTICE by Michael K. Forde of Change of Address CHANGE OF FIRM NAME (Forde, Michael)
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Filing 74
STATUS Report JOINT by Dana Land, Holly Blaine Vanzant (Malloy, Kevin)
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Filing 73
MINUTE entry before the Honorable Jorge L. Alonso: Status hearing set for 1/28/20 at 9:30 a.m. Notice mailed by judge's staff (lf, )
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Filing 72
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jorge L. Alonso for all further proceedings. Honorable Samuel Der-Yeghiayan no longer assigned to the case. Signed by Executive Committee on 1/7/2020. (td, )
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Filing 71
ATTORNEY Appearance for Plaintiffs Dana Land, Holly Blaine Vanzant by Kevin R. Malloy (Malloy, Kevin)
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Filing 70
MANDATE of USCA dated 10/11/19 regarding notice of appeal #62 ;USCA No.17-3633 ; No record to be returned. (smm, )
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Filing 69
COPY of order dated 10/11/19 from the Seventh Circuit regarding notice of appeal #62 ; Appellate case no. : 17-3633. On consideration of the petition for rehearing and for rehearing en banc, no judge in active service has requested a vote on the petition for rehearing en banc, and all of the judges on the original panel have voted to deny rehearing. It is therefore ordered that the petition for rehearing and for rehearing en banc is DENIED. (smm, )
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Filing 68
CERTIFIED COPY OF USCA FINAL JUDGMENT dated 8/20/19 regarding notice of appeal #62 ; USCA No. 17-3633. The judgment of the District Court is REVERSED, with costs, in accordance with the decision of this court entered on this date. (smm, )
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Filing 67
CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 9/27/18; Decided 8/20/19 in USCA case no. 17-3633. (smm, )
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Filing 66
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #62 ; USCA Case No. 17-3633. (kp, )
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Filing 65
TRANSMITTED to the 7th Circuit the short record on notice of appeal #62 . Notified counsel (smm)
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Filing 64
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #62 . (smm)
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Filing 63
DOCKETING Statement by Dana Land, Holly Blaine Vanzant regarding notice of appeal #62 (Carey, Ellen)
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Filing 62
NOTICE of appeal by Dana Land, Holly Blaine Vanzant regarding orders #61 , #59 , #60 Filing fee $ 505, receipt number 0752-13947218. (Carey, Ellen)
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Filing 61
ENTERED JUDGMENT on 11/29/2017. Mailed notice (ags, )
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Filing 60
MEMORANDUM Opinion signed by the Honorable Samuel Der-Yeghiayan on 11/29/2017. This matter is before the court on Defendants' motion to dismiss. For the reasons stated below, the motion to dismiss is granted. Mailed notice (ags, )
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Filing 59
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion for judicial notice #48 is granted. Motion for leave to file #56 is stricken as moot. Motion to dismiss for failure to state a claim #50 is granted. Enter memorandum opinion. Enter judgment. Civil case terminated. Mailed notice (ags, )
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Filing 58
ATTORNEY Appearance for Defendant PetSmart, Inc. by John Louis Litchfield (Litchfield, John)
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Filing 57
NOTICE of Motion by John C. Gekas for presentment of motion for leave to file #56 before Honorable Samuel Der-Yeghiayan on 11/29/2017 at 09:00 AM. (Gekas, John)
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Filing 56
MOTION by Defendant Hill's Pet Nutrition, Inc. for leave to file supplemental authority and for judicial notice (Attachments: #1 Exhibit A: Order in Moore v. Mars Petcare US, Inc., et al)(Gekas, John)
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Filing 55
REPLY by Defendant Hill's Pet Nutrition, Inc. to Motion to Dismiss for Failure to State a Claim #50 Defendants' Reply in Support of their Motion to Dismiss the First Amended Complaint (Gekas, John)
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Filing 54
NOTICE by John C. Gekas of Change of Address & Change of Firm Name (Gekas, John)
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Filing 53
RESPONSE by Plaintiffs Dana Land, Holly Blaine Vanzant to motion for miscellaneous relief, #48 (Carey, Ellen)
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Filing 52
RESPONSE by Plaintiffs Dana Land, Holly Blaine Vanzant to Motion to Dismiss for Failure to State a Claim #50 (Carey, Ellen)
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Filing 51
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Noticed motion date of 08/09/17 is stricken. Briefing schedule set on 06/20/17 to stand. Mailed notice (mw, )
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Filing 50
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant's Joint Motion to Dismiss First Amended Complaint (Gekas, John)
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Filing 49
NOTICE of Motion by John C. Gekas for presentment of motion for miscellaneous relief, #48 before Honorable Samuel Der-Yeghiayan on 8/9/2017 at 09:00 AM. (Gekas, John)
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Filing 48
MOTION by Defendant Hill's Pet Nutrition, Inc.Request for Judicial Notice (Attachments: #1 Declaration 1: Declaration of Hannah Chanoine, #2 Exhibit 1-A: 2012 Draft Policy, #3 Exhibit 1-B: PFI Comment, #4 Exhibit 1-C: NASC Comment)(Gekas, John)
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Filing 47
ATTORNEY Appearance for Defendant PetSmart, Inc. by Alan R. Ouellette (Ouellette, Alan)
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Filing 46
ORDER: Richard Goetz' motion for leave to appear pro hac vice for Defendant Hill's Pet Nutrition, Inc. #44 is granted. Signed by the Honorable Samuel Der-Yeghiayan on 7/26/2017. Mailed notice(ks, )
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Filing 45
ORDER: Richard Goetz' motion for leave to appear pro hac vice for Defendant Hill's Pet Nutrition, Inc. #44 is granted. Signed by the Honorable Samuel Der-Yeghiayan on 7/26/2017. Mailed notice (aee, )
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Filing 44
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13413330. (Goetz, Richard)
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Filing 43
FIRST AMENDED complaint by Holly Blaine Vanzant, Dana Land against Hill's Pet Nutrition, Inc., PetSmart, Inc. (Carey, Ellen)
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Filing 42
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion hearing held. Medical Management International, Inc. and BluePearl Vet, LLC are hereby dismissed without prejudice pursuant to stipulation #41 . Plaintiffs' motion for leave to file amended complaint #39 is granted. Defendants to answer, move, or otherwise plead to the amended complaint by 08/01/17. In the event any party moves to dismiss, Plaintiffs are given until 09/08/17 to file their responses and Defendants are given until 09/27/17 to file their replies. All pending motions to dismiss #31 , #36 are stricken as moot without prejudice. Defendant Hill's Pet Nutrition's request for judicial notice #34 is stricken without prejudice. Status hearing reset to 11/29/17 at 9:00 a.m. Status hearing set for 10/31/17 is stricken. Mailed notice (mw, )
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Filing 41
STIPULATION of Dismissal of Medical Management International, Inc. and BluePearl Vet, LLC Without Prejudice (Carey, Ellen)
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Filing 40
NOTICE of Motion by Ellen M Carey for presentment of motion for leave to file #39 before Honorable Samuel Der-Yeghiayan on 6/20/2017 at 09:00 AM. (Carey, Ellen)
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Filing 39
MOTION by Plaintiffs Dana Land, Holly Blaine Vanzant for leave to file First Amended Class Action Complaint (Carey, Ellen)
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Filing 38
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Status hearing held and continued to 10/31/17 at 9:00 a.m. Plaintiffs' responses to Defendants' motions to dismiss #31 , #36 and to take judicial notice #34 are to be filed by 06/15/17. Defendants' replies are to be filed by 07/13/17. Mailed notice (mw, )
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Filing 37
NOTICE of Motion by John C. Gekas for presentment of Motion to Dismiss for Failure to State a Claim #36 before Honorable Samuel Der-Yeghiayan on 5/18/2017 at 09:00 AM. (Gekas, John)
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Filing 36
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants' Joint Motion to Dismiss (Gekas, John)
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Filing 35
NOTICE of Motion by John C. Gekas for presentment of motion for miscellaneous relief, #34 before Honorable Samuel Der-Yeghiayan on 5/18/2017 at 09:00 AM. (Gekas, John)
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Filing 34
MOTION by Defendant Hill's Pet Nutrition, Inc.Request for Judicial Notice (Attachments: #1 Exhibit A: Declaration of Hannah Chanoine, #2 Exhibit A-1: Published FDA Compliance Policy Guide, #3 Exhibit A-2: Draft FDA Compliance Policy Guide)(Gekas, John)
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Filing 33
NOTICE of Motion by Francis A Citera for presentment of motion to dismiss #31 before Honorable Samuel Der-Yeghiayan on 5/18/2017 at 09:00 AM. (Citera, Francis)
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Filing 32
MEMORANDUM by BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital in support of motion to dismiss #31 (Citera, Francis)
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Filing 31
MOTION by Defendants BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital to dismiss (Citera, Francis)
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Filing 30
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendant Hill's motion for leave to file excess pages #24 is granted. Defendants motion for leave to file documents under seal #26 is granted. No appearance is needed on 5/9/17. Mailed notice(maf)
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Filing 29
STATUS Report - Joint Jurisdictional Status Report by BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital (Attachments: #1 Exhibit)(Doran, Brett)
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Filing 28
STATUS Report Joint Initial by Dana Land, Holly Blaine Vanzant (Carey, Ellen)
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Filing 27
NOTICE of Motion by John C. Gekas for presentment of motion to seal document #26 before Honorable Samuel Der-Yeghiayan on 5/9/2017 at 09:00 AM. (Gekas, John)
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Filing 26
MOTION by Defendant Hill's Pet Nutrition, Inc. to seal document Unopposed Motion for Leave to File Documents Under Seal Instanter (Gekas, John)
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Filing 25
NOTICE of Motion by Brett Michael Doran for presentment of motion for leave to file excess pages #24 before Honorable Samuel Der-Yeghiayan on 5/9/2017 at 09:00 AM. (Doran, Brett)
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Filing 24
MOTION by Defendants BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital for leave to file excess pages /Leave to Increase Page Limit (Doran, Brett)
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Filing 23
ORDER: John E. Schmidtlein's motion for leave to appear pro hac vice for Defendant BluePearl Vet, LLC #22 is granted. Signed by the Honorable Samuel Der-Yeghiayan on 5/3/2017. Mailed notice(ks, )
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Filing 22
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13136425. (Schmidtlein, John)
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Filing 21
ORDER: Hannah Chanoine's motion for leave to appear pro hac vice for Defendant HIll's Pet Nutrition, Inc. #20 is granted. Signed by the Honorable Samuel Der-Yeghiayan on 4/20/2017. Mailed notice(ks, )
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13084161. (Chanoine, Hannah)
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Filing 19
NOTICE by John C. Gekas of Change of Address (Gekas, John)
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Filing 18
ATTORNEY Appearance for Defendant Hill's Pet Nutrition, Inc. by John C. Gekas (Gekas, John)
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Filing 17
MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants' unopposed motion for extension of time to answer or otherwise plead #14 is granted to and including 05/10/17. Noticed motion date of 04/12/17 is stricken. Initial status hearing set for 05/11/17 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to this Court's Courtroom Deputy in room 1908. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der-Yeghiayan's web page or from this Court's Courtroom Deputy. Mailed notice (mw, )
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Filing 16
ORDER: Benjamin Greenblum's motion for leave to appear pro hac vice for Defendants Medical Management International, Inc and BluePearl Vet, LLC #13 is granted. Signed by the Honorable Samuel Der-Yeghiayan on 4/6/2017. Mailed notice(ks, )
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Filing 15
NOTICE of Motion by Eileen Regina Ridley for presentment of motion for extension of time to file answer #14 before Honorable Samuel Der-Yeghiayan on 4/12/2017 at 09:00 AM. (Ridley, Eileen)
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Filing 14
MOTION by Defendant PetSmart, Inc. for extension of time to file answer , Move or Otherwise Plead In Response to Plaintiffs' Complaint - Unopposed (Ridley, Eileen)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13035647. (, Benjamin)
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Filing 12
NOTICE by PetSmart, Inc. of Compliance with 28 U.S.C. Section 1446(d) (Attachments: #1 Exhibit A)(Ridley, Eileen)
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Filing 11
ATTORNEY Appearance for Defendant PetSmart, Inc. by Eileen Regina Ridley (Ridley, Eileen)
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Filing 10
ATTORNEY Appearance for Plaintiffs Dana Land, Holly Blaine Vanzant by Ellen M Carey (Carey, Ellen)
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Filing 9
ATTORNEY Appearance for Plaintiffs Dana Land, Holly Blaine Vanzant by Michael K. Forde (Forde, Michael)
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Filing 8
MAILED notice of removal letter to all counsel of record. (ks, )
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CASE ASSIGNED to the Honorable Samuel Der-Yeghiayan. Designated as Magistrate Judge the Honorable Jeffrey Cole. (lcw, )
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Filing 7
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BluePearl Vet, LLC, Hill's Pet Nutrition, Inc., Medical Management International, Inc. d/b/a Banfield Pet Hospital (Doran, Brett)
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Filing 6
Consent to Removal by BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital (Doran, Brett)
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Filing 5
ATTORNEY Appearance for Defendants BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital by Brett Michael Doran (Doran, Brett)
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Filing 4
ATTORNEY Appearance for Defendants BluePearl Vet, LLC, Medical Management International, Inc. d/b/a Banfield Pet Hospital by Francis A Citera (Citera, Francis)
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Filing 3
ATTORNEY Appearance for Defendant PetSmart, Inc. by Zaldwaynaka L. Scott (Scott, Zaldwaynaka)
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Filing 2
CIVIL Cover Sheet (Scott, Zaldwaynaka)
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, Chancery Division, case number (2017CH03121) filed by PetSmart, Inc. (Fee Paid - Transaction No. 0752-13029731) (Attachments: #1 Exhibit A, #2 Exhibit B)(Scott, Zaldwaynaka)
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