Rice v. National Beverage Corporation d/b/a LaCroix Sparkling Waters
| Lenora Rice |
| National Beverage Corporation d/b/a LaCroix Sparkling Waters and National Beverage Corp. |
| Givaudan Flavors Corporation |
| 1:2018cv07151 |
| October 25, 2018 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| Joan B Gottschall |
| Beth W Jantz |
| Martha M Pacold |
| Mary M Rowland |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Both |
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Filing 131
EXECUTIVE COMMITTEE ORDER: It appearing that Beth W. Jantz has been appointed as a United States Magistrate Judge for the Northern District of Illinois with a duty station in Chicago, Illinois effective February 10, 2020; and It further appearing that Internal Operating Procedure 17 provides for the creation of an initial calendar for a newly appointed magistrate judge; therefore It is hereby ordered that the attached list of civil consent cases and civil referrals are hereby reassigned to form the initial calendar of the Honorable Beth W. Jantz; and It is further ordered that, unless otherwise ordered by Magistrate Judge Jantz, all hearing dates, deadlines, and schedules set by the Magistrate Judges in the attached list of cases are to remain in effect.. Case referred to the Honorable Beth W. Jantz. Signed by Honorable Rebecca R. Pallmeyer on 2/10/2020.(rp, )
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| Filing 130 MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiff previously provisionally filed under seal Plaintiff's Motion to Compel Third-Party Compliance with Subpoena #107 and the exhibits thereto #109 , and Plaintiff filed an accompanying motion for leave to file under seal #110 . Third-party Givaudan Flavors Corporation filed its Combined Memorandum in Opposition to Plaintiff's Motion to Compel Compliance with Subpoena and Cross Motion for Protective Order and to Modify the Subpoena #122 without seeking to seal its response. At the hearing on Plaintiff's motion to compel on 1/24/2020, Defendant made an oral motion to seal all filings of and related to Givaudan, which the Court denied, but allowed Defendant to file a written motion to seal in accordance with Seventh Circuit standards #126 . To date, Defendant has made no such filing. Because Givaudan's filings were made publicly and Defendant has not moved in writing to seal them, Plaintiff's motion for leave to file under seal #110 is denied as moot. Mailed notice. (dal, ) |
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Filing 129
TRANSCRIPT OF PROCEEDINGS held on 01/24/2020 before the Honorable Sheila M. Finnegan. Order Number: 37618. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. |
| Filing 128 MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiff's Motion to Compel Third-Party Compliance with Subpoena #107 and Nonparty Givaudan Flavors Corporation's Combined Memorandum in Opposition to Plaintiff's Motion to Compel Compliance with Subpoena and Cross Motion for Protective Order and to Modify the Subpoena #122 (previously taken under advisement) are now granted in part and denied in part as follows. Givaudan shall produce a witness in Cincinnati, OH to testify as to Topics 6 and 7 provided, however, that Plaintiff shall not ask any questions related to those topics that seek the identity of any (a) ingredients or (b) third-party suppliers of ingredients. Givaudan need not respond to Document Request Nos. 1, 2, and 3 and need not produce a corporate representative for deposition on Topic Nos. 1, 3, and 4. Plaintiff has withdrawn Document Request Nos. 4 and 5 and Deposition Topic Nos. 2, 5, and 8. Based on the parties' written submissions and argument and additional information provided at the 1/24/2020 hearing, the Court believes that this limited third-party discovery will be sufficient to identify the information Plaintiff seeks while protecting Givaudan's interests.Mailed notice (sxw, ) |
| Filing 127 SUPPLEMENT to reply #123 (Costales, Roberto) |
| Filing 126 MINUTE entry before the Honorable Sheila M. Finnegan: Status and motion hearing held on 1/24/2020. Pursuant to the Court's 12/16/2019 order #113 , the parties filed a Joint Status Report #124 setting forth their respective positions on the adequacy of Plaintiff's response to Defendant's Amended Request to Admit 4. After hearing argument and for the reasons stated on the record, Defendant's Amended RTA 4 is deemed admitted, as follows "Admit that ethyl butanoate, limonene, linalool, linalool propionate, and ethanol can occur naturally." As to Plaintiff's Motion to Compel Third-Party Compliance with Subpoena #107 and Nonparty Givaudan Flavors Corporation's Combined Memorandum in Opposition to Plaintiff's Motion to Compel Compliance with Subpoena and Cross Motion for Protective Order and to Modify the Subpoena #122 , the motion and cross motion are taken under advisement. Plaintiff is permitted to file a supplement with additional caselaw by 1/29/2020. At the hearing, Defendant also made an oral motion to seal all filings of and related to Givaudan. The oral motion to seal is denied, however, Defendant may file a written motion to seal in accordance with Seventh Circuit standards. E.g., Goesel v. Boley Int'l (H.K.) Ltd., 738 F.3d 831, 833 (7th Cir. 2013) (presumption of public access applies to documents that affect disposition of federal litigation). Status hearing is set on 3/5/2020 at 11:00 a.m. Mailed notice (sxw, ) |
| Filing 125 MINUTE entry before the Honorable Sheila M. Finnegan: Pursuant to the Court's 12/16/2019 order #112 , third-party Givaudan Flavors Corporation timely filed its response #122 to Plaintiff's Motion to Compel Third-Party Compliance with Subpoena #107 . In its response, Givaudan consented to proceed in this jurisdiction for the purpose of resolving the motion to compel. Accordingly, the Court will hear the fully-briefed motion, and the hearing previously set on 1/24/2020 at 11:15 a.m. will proceed as scheduled. Mailed notice (sxw, ) |
| Filing 124 STATUS Report Joint Status Report Regarding Defendant's Request for Admission No. 4 by National Beverage Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Moore, Desiree) |
| Filing 123 REPLY by Plaintiff Lenora Rice to memorandum in opposition to motion, #122 (Costales, Roberto) |
| Filing 122 MEMORANDUM by Givaudan Flavors Corporation in Opposition to motion to seal document, #110 and Document 107, Plaintiff's Motion to Compel Third-Party Compliance with Subpoena (Attachments: #1 Exhibit 1. - Declaration of Doug West, #2 Exhibit 2. - Declaration of Kimberly Ramundo)(Gabrenya, Natalie) |
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Filing 121
ORDER: Kimberly E. Ramundo's motion for leave to appear pro hac vice on behalf of Non-Party Givaudan Flavors Corporation #119 is granted. Signed by the Honorable Martha M. Pacold on 1/15/2020. Mailed notice(gcy, )
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| Filing 120 MINUTE entry before the Honorable Sheila M. Finnegan: Email communications conducted and telephone conferences held with the parties (separately) from 1/13/2020 to 1/15/2020 regarding their respective settlement proposals.Mailed notice (sxw, ) |
| Filing 119 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16617328. (Ramundo, Kimberly) |
| Filing 118 ATTORNEY Appearance for Unknown Givaudan Flavors Corporation by Natalie Gabrenya (Gabrenya, Natalie) |
| Filing 117 MINUTE entry before the Honorable Sheila M. Finnegan: Multiple email communications conducted with the parties from 12/30/2019 to 1/9/2020 regarding their respective settlement proposals. Mailed notice (sxw, ) |
| Filing 116 MINUTE entry before the Honorable Sheila M. Finnegan: Email communications conducted with the parties on 12/27/2019 for discussion of settlement issues. Mailed notice (sxw, ) |
| Filing 115 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone conferences held separately on 12/23/2019 with each side for discussion of settlement issues.Mailed notice (sxw, ) |
| Filing 114 MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing held on 12/16/2019 and continued to 1/24/2020 at 11:15 a.m. By agreement and in light of the district judge's referral for settlement, the Court will conduct separate telephone conferences with the parties to explore their respective settlement positions. Telephone conferences are set for 12/23/2019 at 8:45 a.m. (Defendant), and 12/23/2019 at 10:30 a.m. (Plaintiff). The parties are to initiate the calls at the scheduled times by dialing chambers (312-408-5110). Mailed notice (sxw, ) |
| Filing 113 MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing held on 12/16/2019 and continued to 1/24/2020 at 11:15 a.m. Regarding Defendant's Request to Admit 4, Plaintiff provided a revised answer but the parties report that they remain at odds on the adequacy of the answer. To facilitate a ruling by the Court at the next status hearing, the parties are to file a Joint Status Report by 1/23/2020 at 12:00 p.m. and attach all versions of and responses to RTA 4 and to set forth their respective positions on the adequacy of Plaintiff's response. Regarding Defendant's RFP 31, the parties report that Plaintiff produced documents responsive to that request as ordered on 10/28/2019 #100 . Today, Defendant disputes the completeness of the production in that Plaintiff did not produce certain publicly-available comments to a Facebook post by Plaintiff's firm (a press release announcing the filing of this lawsuit) that Defendant has obtained. Since Defendant already possesses copies of these publicly-available comments and for the other reasons stated on the record such as the questionable relevancy of these comments, the Court declines to order Plaintiff to produce them at this time. Plaintiff shall, however, preserve the Facebook post and all comments thereto so they remain available for future production in the event Defendant seeks to introduce these comments as evidence, the district judge allows this, and the parties cannot reach a stipulation regarding the authenticity of the copies of the comments in Defendant's possession. Mailed notice (sxw, ) |
| Filing 112 MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing held on 12/16/2019, and continued to 1/24/2020 at 11:15 a.m. Multiple topics were addressed, and the Court has entered separate orders as to each topic [112, 113, 114]. Regarding Plaintiff's Motion to Compel Third-Party Compliance with Subpoena #107 that Plaintiff noticed for hearing on 12/19/2019 #108 , the hearing is cancelled since (a) it appears the third-party was not timely served with notice of the hearing date, and (b) it is unclear whether the motion should be heard by this Court or by a court in the district of the third-party's principal place of business. Given this latter question, it is most efficient if the parties and third party preliminarily provide written submissions on this issue, as well as on the merits of any objections to the subpoena. This Court will then determine whether to schedule a hearing or require Plaintiff to seek relief in another jurisdiction pursuant to Fed. R. Civ. P. 45. The third party and Defendant are given until 1/15/2020 to file any response to Plaintiff's motion. Plaintiff's reply is due by 1/22/2020 at 12:00 p.m. The Court will notify the parties by 12:00 p.m. on 1/23/2020 whether it will hear the Plaintiff's motion or require Plaintiff to proceed in another jurisdiction. If this Court hears the motion, the hearing will proceed on 1/24/2020 11:15 a.m. Plaintiff shall promptly serve notice of this order on the third party's counsel by email. Mailed notice (sxw, ) |
| Filing 111 MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 12/16/2019 and continued to 4/14/2020 at 9:45 a.m. The parties are directed to exhaust all settlement possibilities for this lawsuit. (rao, ) |
| Filing 110 MOTION by Plaintiff Lenora Rice to seal document sealed document #107 , notice of motion #108 , sealed document #109 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit Redacted Motion, #7 Notice of Filing)(Costales, Roberto) |
| Filing 109 SEALED DOCUMENT by Plaintiff Lenora Rice (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Costales, Roberto) |
| Filing 108 Re Dkt. No. 107 NOTICE of Motion by Roberto Luis Costales for presentment of before Honorable Sheila M. Finnegan on 12/19/2019 at 09:15 AM. (Costales, Roberto) |
| Filing 107 SEALED DOCUMENT by Plaintiff Lenora Rice (Costales, Roberto) |
| Filing 106 STATUS Report Joint Status Report for Reassigned Case by National Beverage Corp. (Moore, Desiree) |
| Filing 105 MINUTE entry before the Honorable Sheila M. Finnegan: By agreement, the Magistrate Judge status hearing set on 12/4/2019 is cancelled and reset to 12/16/2019 at 11:15 a.m.Mailed notice (sxw, ) |
| Filing 104 MINUTE entry before the Honorable Martha M. Pacold:The status hearing set for 12/12/2019 is stricken and reset to 12/16/2019 at 9:30 a.m. (rao, ) |
| Filing 103 STATUS Report on Responses to Request for Production No. 8 and Interrogatory No. 15 by National Beverage Corp. (Moore, Desiree) |
| Filing 102 MINUTE entry before the Honorable Martha M. Pacold:The parties are directed to use the attached outline for the status report. (Attachments: #1 Reassignment Status Report) (rao, ) |
| Filing 101 MINUTE entry before the Honorable Martha M. Pacold:The referral to Magistrate Judge Finnegan is expanded to include settlement. The parties are directed to file a joint status report by 12/5/2019. The Court will hold a status hearing on 12/12/2019 at 9:45 a.m. (rao, ) |
| Filing 100 MINUTE entry before the Honorable Sheila M. Finnegan: Motion hearing held on 10/28/19. Defendant's Motion to Compel #70 was previously taken under advisement as to RFP 31 and is now granted for the reasons stated on the record. Plaintiff shall produce documents responsive to that request by 11/18/2019. As to Request to Admit 4, Defendant's motion to compel previously was denied as moot but during today's hearing, the parties raised a dispute regarding the adequacy of Plaintiff's response to an amended version of that request. The parties are to continue to confer in an effort to reach agreement on amended RTA 4. Finally, Plaintiff's Motion to Compel #78 was previously taken under advisement as to RFPs 8 and 9 and ROG 15. Based on review of supplementary briefs and argument and for the reasons stated on the record, the Court rules as follows: (a) as to ROG 15, the motion to compel is granted, and, by 11/7/2019, Defendant shall provide a supplemental response that identifies the materials tested in each of the Beta Analytic, Inc. radiocarbon reports; (b) as to RFP 9, the motion to compel is denied; and (c) as to RFP 8, by 11/7/2019, Defendant shall submit to the Court for in camera inspection the responsive documents withheld on grounds of privilege. Additionally, Defendant shall review the second to the last sentence in the Beta Analytic cover letters that accompanied the reports ("When interpreting the results, please consider any communications you may have had with us regarding the analysis.") and determine whether such communications exist in written form. Defendant shall file a status report by 11/7/2019 indicating the answer and shall provide any such communications for in camera review if they are being withheld based on a claim of privilege. Defendant may provide the materials for in camera review by e-mail to Chambers_Finnegan@ilnd.uscourts.gov. Status hearing is set on 12/4/2019 at 2:15 p.m.Mailed notice (sxw, ) |
| Filing 99 SUPPLEMENT to reply to response to motion #92 (Costales, Roberto) |
| Filing 98 SUPPLEMENT to response in opposition to motion #91 National Beverage Corp.'s Supplemental Response in Opposition to Plaintiff's Motion to Compel Discovery Responses (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Desiree) |
| Filing 97 SUPPLEMENT to reply #93 National Beverage Corp.'s Supplement in Further Support of Its Motion to Compel Discovery Responses (Moore, Desiree) |
| Filing 96 MINUTE entry before the Honorable Sheila M. Finnegan: Motion hearing held on 10/9/2019 as to Plaintiff's motion to compel #78 . The motion is granted in part, denied in part, and taken under advisement in part as follows: (1) As to each RFP, defendant shall identify by bates number any documents produced in response. (2) RFP 1 is denied without prejudice. Plaintiff may serve an interrogatory seeking the information that was described during the hearing, and if necessary a more targeted request for production. If another motion to compel is filed, Plaintiff must explain the probative value of the requested documents in light of the disputed issues in the case, and demonstrate that she is seeking the necessary documents rather than "all" documents bearing the words "all natural". (3) RFPs 4, 5, and 9 are denied as moot. (4) RFP 8, RFP 9 and ROG 15 are taken under advisement since the parties have not adequately addressed the privilege and other issues surrounding these requests. Defendant to file supplemental response by 10/16/2019. Plaintiff's supplemental reply is due by 10/23/2019. Hearing is set on 10/28/2019 at 3:00 p.m. Mailed notice (sxw, ) |
| Filing 95 MINUTE entry before the Honorable Sheila M. Finnegan: Motion hearing held on 10/9/2019 as to National Beverage Corp.'s motion to compel discovery responses #70 . The motion is granted in part and taken under advisement in part for reasons stated on the record as follows: (1) RFP 30 is granted and to the extent Plaintiff withholds any of the emails described by Plaintiff's counsel on any grounds, counsel must disclose this to defense counsel and preserve the withheld emails. (2) RFP 31 is taken under advisement, and the parties are permitted to file a supplement with additional caselaw by 10/14/2019. If a party includes argument in addition to caselaw, a response will be allowed. (3) Request to Admit 4 is denied as moot as Plaintiff agreed to answer this. (4) All other requests are denied as moot as a result of the parties' pre-hearing efforts. Hearing is set on 10/28/2019 at 3:00 p.m.Mailed notice (sxw, ) |
| Filing 94 Hearing on Defendant's Motion to Compel #70 and Plaintiff's Motion to Compel #78 is set on 10/9/2019 at 10:15 a.m. in Courtroom 2214.(sxw, ) |
| Filing 93 REPLY by Defendant National Beverage Corp. in Support of Motion to Compel Discovery Responses (Attachments: #1 Exhibit A)(Moore, Desiree) |
| Filing 92 REPLY by Lenora Rice to response in opposition to motion #91 (Attachments: #1 Exhibit Exhibit 1)(Costales, Roberto) |
| Filing 91 RESPONSE by National Beverage Corp.in Opposition to MOTION by Plaintiff Lenora Rice to compel responses to written discovery #78 (Moore, Desiree) |
| Filing 90 RESPONSE by Lenora Ricein Opposition to MOTION by Defendant National Beverage Corp. to compel National Beverage Corp.'s Motion to Compel Discovery Responses #70 (Costales, Roberto) |
| Filing 89 MINUTE entry before the Honorable Sheila M. Finnegan: Agreed motion for extension of time #87 is granted. Each party to file a brief in response to the other party's motion to compel by 9/27/2019. Each party to file any reply brief in support of their motion by 10/4/2019. Motion hearing set on 9/25/2019 is cancelled and reset to 10/9/2019 at 10:15 a.m. Mailed notice (sxw, ) |
| Filing 88 Agreed NOTICE of Motion by Desiree F. Moore for presentment of extension of time #87 before Honorable Sheila M. Finnegan on 9/19/2019 at 09:15 AM. (Moore, Desiree) |
| Filing 87 MOTION by Defendant National Beverage Corp. for extension of time Agreed Motion for Extension of Time (Moore, Desiree) |
| Filing 86 Notice of Compliance by National Beverage Corp. (Moore, Desiree) |
| Filing 85 MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed Defendant's Motion to Compel #70 and supporting Memorandum [72-1] and Plaintiff's Motion to Compel #78 . The parties are directed to meet and confer in an effort to resolve/narrow the issues raised in both motions. In the event all issues raised in one or both motions are not resolved, each side's response to the other's motion to compel is due by 9/13/2019 and shall explain what disputed issues remain and all reasons for objecting to producing the discovery sought, including without limitation a detailed explanation of the burden and cost associated with doing so if production is opposed on such grounds. To the extent discovery is opposed on privilege/work product grounds and/or confidentiality/trade secret grounds, the response shall also provide detailed bases for such claims and explain why the Confidentiality Order #43 and Order on Defendant's Motion for Protective Order #77 are not sufficient to address them. Any reply in support of a party's motion to compel shall be filed by 9/20/2019. Hearing is set for 9/25/2019 at 10:30 a.m. on the motions to compel #70 , #78 and for status.Mailed notice (sxw, ) |
| Filing 84 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0025 Pursuant that to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Martha M. Pacold; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Martha M. Pacold; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Martha M. Pacolds webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts criminal case assignment system thirty days from the entry of this Order so that she shall receive a full share of such cases. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/23/2019.(aee, ) |
| Filing 83 NOTICE by William Henry Beaumont of Change of Address (Beaumont, William) |
| Filing 82 EXECUTIVE COMMITTEE ORDER: General Order 19-0026: The Honorable Mary M. Rowland has been confirmed as a United States District Judge for the Northern District of Illinois; therefore It is hereby ordered that all previously pending cases and referrals before the Honorable Mary M. Rowland as a U.S. Magistrate Judge are to be reassigned to the remaining magistrate judges of the Eastern Division as indicated on the attached list; and It is also ordered cases where Honorable Mary M. Rowland was the designated magistrate judge and require further action, the Clerk shall randomly assign the matter to another magistrate judge of the Eastern Division. Case referred to the Honorable Sheila M. Finnegan. Signed by Honorable Rebecca R. Pallmeyer on 8/22/2019.(jjr, ) |
| Filing 81 NOTICE by Roberto Luis Costales of Change of Address (Costales, Roberto) |
| Filing 80 MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, Defendant's motion to compel discovery responses #70 and Plaintiff's motion to compel #78 set for 8/22/19 are stricken. Hearing on the motions will be re-set by the Court. Mailed notice. (dm, ) |
| Filing 79 NOTICE of Motion by Roberto Luis Costales for presentment of motion to compel #78 before Honorable Mary M. Rowland on 8/22/2019 at 09:45 AM. (Costales, Roberto) |
| Filing 78 MOTION by Plaintiff Lenora Rice to compel responses to written discovery (Costales, Roberto) |
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Filing 77
ORDER : For the reasons stated in the Order, National Beverage's motion for protective order #55 is granted in part and denied in part. On or before September 4, 2019, National Beverage must supplement its answers to Interrogatory No. 2, Interrogatory No. 3 (as narrowed), Interrogatory No. 10 (as narrowed) and Request for Production No. 6. No further response to Interrogatory 4 is required. Signed by the Honorable Mary M. Rowland on 8/16/2019. (See Order for further details.) Mailed notice. (dm, )
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| Filing 76 MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion for leave to file excess pages #72 is granted. On the Court's own motion, hearing on Defendant's motion to compel #70 on 8/15/19 is stricken and reset for 8/22/19 at 9:45am. Mailed notice (ber, ) |
| Filing 75 Corrected NOTICE of Motion by Desiree F. Moore for presentment of motion for leave to file excess pages #72 before Honorable Mary M. Rowland on 8/15/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 74 Corrected NOTICE of Motion by Desiree F. Moore for presentment of motion to compel #70 before Honorable Mary M. Rowland on 8/15/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 73 NOTICE of Motion by Desiree F. Moore for presentment of motion for leave to file excess pages #72 before Honorable Joan B. Gottschall on 8/15/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 72 MOTION by Defendant National Beverage Corp. for leave to file excess pages National Beverage Corp.'s Motion For Leave to File Instanter Memorandum of Law in Excess of Fifteen Pages (Attachments: #1 Exhibit 1)(Moore, Desiree) |
| Filing 71 NOTICE of Motion by Desiree F. Moore for presentment of motion to compel #70 before Honorable Joan B. Gottschall on 8/15/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 70 MOTION by Defendant National Beverage Corp. to compel National Beverage Corp.'s Motion to Compel Discovery Responses (Moore, Desiree) |
| Filing 69 REPLY by National Beverage Corp. to Response #64 , MOTION by Defendant National Beverage Corp. for protective order #55 (Attachments: #1 Exhibit A)(Moore, Desiree) |
| Filing 68 MINUTE entry before the Honorable Mary M. Rowland: The Court does not require reply briefs on the cross motions. However if either party wishes to file a reply brief, it shall be filed by 8/2/19 and be no more than 7 double spaced pages. Mailed notice. (dm, ) |
| Filing 67 MINUTE entry before the Honorable Mary M. Rowland: Defendant's Motion for Leave to File Under Seal #62 is granted. No appearance on 7/25/19. Mailed notice. (dm, ) |
| Filing 66 RESPONSE by Defendant National Beverage Corp. to memorandum #52 National Beverage Corp.'s Response in Opposition to Plaintiff's Discovery Brief (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Desiree) |
| Filing 65 SEALED RESPONSE by National Beverage Corp. to memorandum #52 National Beverage Corp.'s Response in Opposition to Plaintiff's Discovery Brief (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Desiree) |
| Filing 64 RESPONSE by Plaintiff Lenora Rice to memorandum in support of motion #56 , motion for protective order #55 (Costales, Roberto) |
| Filing 63 NOTICE of Motion by Desiree F. Moore for presentment of motion to seal #62 before Honorable Mary M. Rowland on 7/25/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 62 MOTION by Defendant National Beverage Corp. to seal National Beverage Corp.'s Motion for Leave to File Under Seal (Moore, Desiree) |
| Filing 61 TRANSCRIPT OF PROCEEDINGS held on April 9, 2019 before the Honorable Mary M. Rowland. Order Number: 35308. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. 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 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (Hanhardt, Joene) |
| Filing 60 MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 7/11/2019. Mailed notice(mjc, ) |
| Filing 59 MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order denying defendant's motion for fees and sanctions pursuant to Federal rule of Civil Procedure 11 #33 .Mailed notice (mjc, ) |
| Filing 58 MINUTE entry before the Honorable Mary M. Rowland: In light of the briefing schedule already set by this Court #50 , no appearance on Defendant's motion for protective order #55 necessary on 7/9/19. Response briefs remain due 7/16/19. The Court will rule by mail. Mailed notice. (dm, ) |
| Filing 57 NOTICE of Motion by Desiree F. Moore for presentment of motion for protective order #55 before Honorable Mary M. Rowland on 7/9/2019 at 09:45 AM. (Moore, Desiree) |
| Filing 56 MEMORANDUM by National Beverage Corp. in support of motion for protective order #55 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Moore, Desiree) |
| Filing 55 MOTION by Defendant National Beverage Corp. for protective order (Moore, Desiree) |
| Filing 54 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion to seal #53 is granted. Plaintiff is reminded that a notice of motion stating the date and time of presentment must be filed separately from the motion. No appearance on 7/3/19. Mailed notice. (dm, ) |
| Filing 53 MOTION by Plaintiff Lenora Rice to seal (Attachments: #1 Notice of Filing)(Costales, Roberto) |
| Filing 52 MEMORANDUM by Lenora Rice re discovery (Attachments: #1 Exhibit Defendant's Discovery Response Excerpts)(Costales, Roberto) |
| Filing 51 SEALED DOCUMENT by Plaintiff Lenora Rice (Attachments: #1 Exhibit)(Costales, Roberto) |
| Filing 50 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Out of State counsel for defendant appeared telephonically. Based on correspondence between the counsel, parties believe a settlement conference would not be productive. Parties wish to set a briefing schedule on the issues remaining open from Plaintiff's Motion to Compel. #34 The issues to be briefed are whether the ingredients sought are relevant to the dispute and whether they are trade secrets. #48 . Parties cross motion briefs shall be filed 6/28/19; responses due 7/16/19. The Court will rule by mail. Mailed notice. (dm, ) |
| Filing 49 Notice of Compliance by National Beverage Corp. Notice of Compliance of the Court's May 9, 2019 Order (Moore, Desiree) |
| 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, ) |
| Filing 47 SUR-REPLY by Plaintiff Lenora Rice to motion for sanctions, #33 (Costales, Roberto) |
| 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, ) |
| 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) |
| Filing 44 MOTION by Plaintiff Lenora Rice for leave to file sur-reply (Attachments: #1 Exhibit Proposed Sur-Reply)(Costales, Roberto) |
| Filing 43 CONFIDENTIALITY Order Signed by the Honorable Mary M. Rowland on 4/9/2019. Mailed notice (ao,) |
| 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,) |
| ORAL MOTION by Plaintiff Lenora Rice for 2 week extension to respond to Defendant's discovery. (ao,) |
| 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) |
| 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) |
| 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, ) |
| 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. |
| 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, ) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ) |
| Filing 31 RESPONSE by Plaintiff Lenora Rice to motion for leave to file excess pages #29 (Costales, Roberto) |
| 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) |
| 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) |
| 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, ) |
| 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, ) |
| 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) |
| 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) |
| 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, ) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15379425. (Edison, Eric) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15379385. (Waldman, Glenn) |
| 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, ) |
| 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, ) |
| Filing 19 Corporate Disclosure STATEMENT by National Beverage Corp. (Moore, Desiree) |
| Filing 18 ANSWER to Complaint (Answer and Affirmative Defenses to Class Action Complaint by National Beverage Corp.(Moore, Desiree) |
| 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, ) |
| 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, ) |
| Filing 15 ATTORNEY Appearance for Plaintiff Lenora Rice by Jonathan Mille Kirkland (Kirkland, Jonathan) |
| Filing 14 ATTORNEY Appearance for Plaintiff Lenora Rice by Roberto Luis Costales (Costales, Roberto) |
| 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) |
| 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) |
| Filing 11 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont of Jonathan Mille Kirkland (Beaumont, William) |
| Filing 10 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont of Roberto Luis Costales (Beaumont, William) |
| Filing 9 ATTORNEY Appearance for Plaintiff Lenora Rice by William Henry Beaumont (Beaumont, William) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15118583. (Attachments: #1 Appendix A)(Boyer, April) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15118540. (Attachments: #1 Appendix A)(Ball, Matthew) |
|
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, )
|
| Filing 5 MAILED Notice of Removal letter to counsel of record. (ew, ) |
| Filing 4 ATTORNEY Appearance for Defendant National Beverage Corporation d/b/a LaCroix Sparkling Waters by Matthew Allen Alvis (Alvis, Matthew) |
| Filing 3 ATTORNEY Appearance for Defendant National Beverage Corporation d/b/a LaCroix Sparkling Waters by Desiree F. Moore (Moore, Desiree) |
| Filing 2 CIVIL Cover Sheet (Moore, Desiree) |
| 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) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Mary M. Rowland. Case assignment: Random assignment. (jjr, ) |
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