Rice v. National Beverage Corporation d/b/a LaCroix Sparkling Waters

Plaintiff: Lenora Rice
Defendant: National Beverage Corporation d/b/a LaCroix Sparkling Waters and National Beverage Corp.
Case Number: 1:2018cv07151
Filed: October 25, 2018
Court: US District Court for the Northern District of Illinois
Presiding Judge: Joan B Gottschall
Referring Judge: Mary M Rowland
Nature of Suit: Other Fraud
Cause of Action: 28:1441
Jury Demanded By: Both

Docket Report

This docket was last retrieved on May 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2019 Filing 49 Notice of Compliance by National Beverage Corp. Notice of Compliance of the Court's May 9, 2019 Order (Moore, Desiree)
May 9, 2019 Filing 48 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Out of State counsel for defendant appeared telephonically. Defendant provided Plaintiff with unredacted copies of discovery responses per the court's prior order #42 . Both sides believe their adversaries written responses are deficient in any number of ways. Defendants wish to brief: (1) whether the ingredients of their product are relevant to this dispute; and (2) whether they constitute trade secrets. Plaintiff sent a demand to defendant to settle on an individual basis. Defendant shall respond to Plaintiff's demand by 5/17/19. If this transcript is requested by the parties, the portion of the transcript relating to the monetary amount of the settlement demand shall be redacted prior to the transcript being placed in the court record. Status hearing set for 5/28/19 at 9:30 a.m. Parties shall confer with each other and be prepared to report whether a settlement conference would be productive. If parties believe a settlement conference would be productive, a settlement conference will be set. If parties believe a settlement conference would not be productive, a briefing schedule on the trade secret issue will be set. Mailed notice. (dm, )
April 15, 2019 Filing 47 SUR-REPLY by Plaintiff Lenora Rice to motion for sanctions, #33 (Costales, Roberto)
April 12, 2019 Filing 46 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for leave of court to file sur-reply #44 is granted. Plaintiff shall file its sur-reply as a separate entry on the docket. Motion hearing set for 4/17/19 is stricken; no appearance required. Mailed notice (mjc, )
April 11, 2019 Filing 45 NOTICE of Motion by Roberto Luis Costales for presentment of motion for leave to file #44 before Honorable Joan B. Gottschall on 4/17/2019 at 09:30 AM. (Costales, Roberto)
April 11, 2019 Filing 44 MOTION by Plaintiff Lenora Rice for leave to file sur-reply (Attachments: #1 Exhibit Proposed Sur-Reply)(Costales, Roberto)
April 9, 2019 Filing 43 CONFIDENTIALITY Order Signed by the Honorable Mary M. Rowland on 4/9/2019. Mailed notice (ao,)
April 9, 2019 Filing 42 MINUTE entry before the Honorable Mary M. Rowland: Hearing held on Plaintiff's Motion to Compel #34 . Plaintiff's Motion to Compel #34 is granted in part. The confidentiality order proposed by Defendant (Def.'s Resp. Dkt. 41-1, Exh. A) contains a provision that "Trade Secret Information is wholly protected and not discoverable by any party or non-party to this Litigation." That is a relevance dispute. The Court will not enter a confidentiality order with that provision. See e.g., AutoMed Techs., Inc. v. Eller, 160 F. Supp. 2d 915, 925 (N.D. Ill. 2001) ("There is no privilege excepting trade secrets from discovery, but courts must exercise discretion to avoid unnecessary disclosure of such information.") (internal citation and quotations omitted). Defendant's proposed confidentiality order also has provisions that Plaintiff's consultant or expert may not review Confidential or Highly Confidential Information if the consultant or expert has not been 'approved in writing by counsel for National Beverage Corp. to review the [Confidential or] Highly Confidential Information.' After reviewing the two cases cited by Defendant, Triangle Ink & Color Co. v. Sherwin-Williams Co., 61 F.R.D. 634 (N.D. Ill. 1974) and Henry v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 58529 (S.D. Cal. Apr. 5, 2018), the Court is not convinced that such provisions are warranted in the confidentiality order in this case. Triangle Ink did not involve entry of a confidentiality order. The Court in Henry did not explain why it allowed the requirement that the Court or producing party must approve an expert seeing confidential information. This is not a trade secrets case or a case between competitors. At a later time, if Defendant believes there is good cause for such a requirement, it may move for a supplemental confidentiality order. Therefore, the Court will enter the Northern District of Illinois model protective order, adding a provision for "Highly Confidential- Attorneys' Eyes Only', as requested by Defendant. Defendant shall respond to Plaintiff's discovery requests with unredacted information by 4/19/19. Plaintiff's oral request for 2 week extension to respond to Defendant's discovery is granted. Defendant's objection that Plaintiff has exceeded the permissible number of interrogatories based on discovery served to date is overruled. Parties shall meet and confer about the discovery defense counsel identified in court and attempt to resolve whether it constitutes trade secret information and whether it is relevant to the cause of action before 5/9/19. Status hearing set for 5/9/19 at 10:30am. Counsel may appear by phone by calling the Court's teleconference line: 866-434-5269, access code 3751971. Mailed notice (ao,)
April 9, 2019 ORAL MOTION by Plaintiff Lenora Rice for 2 week extension to respond to Defendant's discovery. (ao,)
April 5, 2019 Filing 41 RESPONSE by National Beverage Corp.in Opposition to MOTION by Plaintiff Lenora Rice to compel #34 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Moore, Desiree)
March 29, 2019 Filing 40 REPLY by Defendant National Beverage Corp. in Support of Motion for Fees and Sanctions Pursuant to Federal Rule of Civil Procedure 11 (Boyer, April)
March 18, 2019 Filing 39 MINUTE entry before the Honorable Mary M. Rowland: Status hearing and hearing on Plaintiff's Motion to Compel #34 set for 4/9/19 at 9:45 am before Judge Rowland. Mailed notice. (dm, )
March 18, 2019 Filing 38 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Mary M. Rowland for the purpose of holding proceedings related to: discovery supervision, discovery motion(s) and motion to compel, #34 .(mjc, )Mailed notice.
March 18, 2019 Filing 37 MINUTE entry before the Honorable Joan B. Gottschall: This case is referred to Magistrate Judge Rowland for discovery supervision, all discovery motions and non-dispositive motions, including plaintiff's motion to compel #34 . Magistrate Judge Rowland has full authority to set/reset discovery deadlines as she deems appropriate. Motion and status hearings set for 3/20/19 are stricken. No appearance is required. Mailed notice (mjc, )
March 15, 2019 Filing 36 RESPONSE by Lenora Ricein Opposition to MOTION by Defendant National Beverage Corp. for sanctions National Beverage Corp.'s Motion for Fees and Sanctions Pursuant to Federal Rule of Civil Procedure 11 #33 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Costales, Roberto)
March 13, 2019 Filing 35 NOTICE of Motion by Roberto Luis Costales for presentment of motion to compel, #34 before Honorable Joan B. Gottschall on 3/20/2019 at 09:30 AM. (Costales, Roberto)
March 13, 2019 Filing 34 MOTION by Plaintiff Lenora Rice to compel (Attachments: #1 Exhibit Plaintiff's First Discovery Requests, #2 Exhibit Defendant's Responses to Plaintiff's First Discovery Requests, #3 Exhibit Defendant's Proposed Protective Order, #4 Exhibit Plaintiff's Proposed Protective Order)(Costales, Roberto)
February 14, 2019 Filing 33 MOTION by Defendant National Beverage Corp. for sanctions National Beverage Corp.'s Motion for Fees and Sanctions Pursuant to Federal Rule of Civil Procedure 11 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Group Exhibit C)(Boyer, April)
February 14, 2019 Filing 32 MINUTE entry before the Honorable Joan B. Gottschall: Defendant National Beverage Corp.'s motion for leave to file instanter motion in excess of fifteen pages #29 is granted. Defendants shall file their Rule 11 motion as a separate entry on the docket. The Rule 11 motion is briefed as following: response due 3/15/2019; reply 3/29/2019. The presentment hearing date of 2/15/19 is hereby stricken. Ruling will be by mail. Mailed notice (mjc, )
February 13, 2019 Filing 31 RESPONSE by Plaintiff Lenora Rice to motion for leave to file excess pages #29 (Costales, Roberto)
February 11, 2019 Filing 30 NOTICE of Motion by April Lynn Boyer for presentment of motion for leave to file excess pages #29 before Honorable Joan B. Gottschall on 2/15/2019 at 09:30 AM. (Boyer, April)
February 11, 2019 Filing 29 MOTION by Defendant National Beverage Corp. for leave to file excess pages Motion of National Beverage Corp. for Leave to File Instanter Motion in Excess of Fifteen Pages (Attachments: #1 Exhibit 1)(Boyer, April)
February 6, 2019 Filing 28 MAIL RETURNED, for document #24 sent to Glenn Waldman returned as undeliverable, return to sender. Re-mailed to 100 N.E. Third Avenue, Suite 780 Fort Laudedale, FL 33301. (bg, )
January 25, 2019 Filing 27 MINUTE entry before the Honorable Joan B. Gottschall: Defendant National Beverage Corp.'s motion for extension of time to respond to plaintiff Lenora Rice's discovery requests by 2/27/19 #25 is granted. The motion hearing set for 1/30/19 is stricken; no appearance required. Mailed notice (mjc, )
January 25, 2019 Filing 26 NOTICE of Motion by Desiree F. Moore for presentment of motion for extension of time to file response/reply #25 before Honorable Joan B. Gottschall on 1/30/2019 at 09:30 AM. (Moore, Desiree)
January 25, 2019 Filing 25 MOTION by Defendant National Beverage Corp. for extension of time to file response/reply to Planitiff Lenora Rice's Discovery Request (Moore, Desiree)
January 17, 2019 Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Glenn J. Waldman's application to appear pro hac vice #22 on behalf of the defendant is granted. Attorney Eric C. Edison's application to appear pro hac vice #23 on behalf of the defendant is granted. Mailed notice (mjc, )
January 16, 2019 Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15379425. (Edison, Eric)
January 16, 2019 Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15379385. (Waldman, Glenn)
December 14, 2018 Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. The parties are at issue, and they have begun propounding discovery requests. Plaintiffs have made their initial disclosures. Defendant's initial disclosures are due by 12/21/18. At the next status hearing, the parties should be prepared to discuss setting a fact discovery cutoff. Status hearing set for 3/20/19 at 9:30 a.m. Mailed notice (mjc, )
November 20, 2018 Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: On the court's own motion, the status hearing set for 1/11/19 is stricken and reset to 12/14/18 at 9:30 a.m.Mailed notice (mjc, )
November 14, 2018 Filing 19 Corporate Disclosure STATEMENT by National Beverage Corp. (Moore, Desiree)
November 14, 2018 Filing 18 ANSWER to Complaint (Answer and Affirmative Defenses to Class Action Complaint by National Beverage Corp.(Moore, Desiree)
November 2, 2018 Filing 17 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's agreed motion for extension of time to answer, move or otherwise plead to plaintiff's class action complaint #12 is granted. Defendant shall answer or otherwise plead by 12/3/18. The motion hearing set for 11/7/18 is stricken; no appearance required. Mailed notice (mjc, )
November 1, 2018 Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Matthew G. Ball's application to appear pro hac vice #7 on behalf of the defendant is granted. Attorney April Boyer's application to appear pro hac vice #8 on behalf of the defendant is granted. Mailed notice (mjc, )
November 1, 2018 Filing 15 ATTORNEY Appearance for Plaintiff Lenora Rice by Jonathan Mille Kirkland (Kirkland, Jonathan)
November 1, 2018 Filing 14 ATTORNEY Appearance for Plaintiff Lenora Rice by Roberto Luis Costales (Costales, Roberto)
November 1, 2018 Filing 13 NOTICE of Motion by Desiree F. Moore for presentment of extension of time #12 before Honorable Joan B. Gottschall on 11/7/2018 at 09:30 AM. (Moore, Desiree)
November 1, 2018 Filing 12 MOTION by Defendant National Beverage Corp. for extension of time to Answer, Move, or Otherwise Plead to Plaintiff Lenora Rice's Class Action Complaint (Agreed Motion) (Moore, Desiree)
October 31, 2018 Filing 11 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont of Jonathan Mille Kirkland (Beaumont, William)
October 31, 2018 Filing 10 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont of Roberto Luis Costales (Beaumont, William)
October 31, 2018 Filing 9 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont (Beaumont, William)
October 30, 2018 Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15118583. (Attachments: #1 Appendix A)(Boyer, April)
October 30, 2018 Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15118540. (Attachments: #1 Appendix A)(Ball, Matthew)
October 29, 2018 Opinion or Order Filing 6 ORDER: Status hearing set for 1/11/2019 at 9:30 AM in Courtroom 2325. Counsel are reminded that pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed pleadings, including the notice of removal, must be delivered to chambers (2356) within one business day of filing. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 10/29/2018. Mailed notice(mjc, )
October 26, 2018 Filing 5 MAILED Notice of Removal letter to counsel of record. (ew, )
October 25, 2018 CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Mary M. Rowland. Case assignment: Random assignment. (jjr, )
October 25, 2018 Filing 4 ATTORNEY Appearance for Defendant National Beverage Corporation d/b/a LaCroix Sparkling Waters by Matthew Allen Alvis (Alvis, Matthew)
October 25, 2018 Filing 3 ATTORNEY Appearance for Defendant National Beverage Corporation d/b/a LaCroix Sparkling Waters by Desiree F. Moore (Moore, Desiree)
October 25, 2018 Filing 2 CIVIL Cover Sheet (Moore, Desiree)
October 25, 2018 Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2018-CH-12302) filed by National Beverage Corporation d/b/a LaCroix Sparkling Waters Filing fee $ 400, receipt number 0752-15106538. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Desiree)

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Defendant: National Beverage Corporation d/b/a LaCroix Sparkling Waters
Represented By: Desiree F. Moore
Represented By: Matthew Allen Alvis
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Defendant: National Beverage Corp.
Represented By: Desiree F. Moore
Represented By: Matthew Allen Alvis
Represented By: April Lynn Boyer
Represented By: Matthew Gordon Ball
Represented By: Glenn Waldman
Represented By: Eric Corey Edison
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Plaintiff: Lenora Rice
Represented By: Jonathan Mille Kirkland
Represented By: William Henry Beaumont
Represented By: Roberto Luis Costales
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