Guzman v. Walmart Inc.
| Jeremy Guzman |
| Walmart Inc. |
| 1:2022cv03465 |
| July 5, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 19
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint statement. (Dckt. No. #18 ) The parties do not unanimously request a settlement conference at this time. Mailed notice (jjr, )
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Filing 18
Settlement Conference Joint STATEMENT by Jeremy Guzman (Sheehan, Spencer)
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Filing 17
MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendant's motion to dismiss (Dckt. No. #16 ). Plaintiff's response is due by December 16, 2022. Defendant's reply is due by January 6, 2023. Mailed notice. (jjr, )
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Walmart Inc. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint, #2 Appendix Cited authority not available on Westlaw)(Horvath, August)
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Filing 15
STATEMENT by Walmart Inc. re Olive Oil in Product (Horvath, August)
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Filing 14
Addressing Questions about Olive Oil Representations, ECF No. 12, Oct. 3, 2022 STATEMENT by Jeremy Guzman (Sheehan, Spencer)
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Filing 13
ATTORNEY Appearance for Defendant Walmart Inc. by August Theodore Horvath (Horvath, August)
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Filing 12
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint initial status report. (Dckt. No. #11 ) The parties seek about a year of fact discovery, running through September 8, 2023. That seems excessive. The case is about the labeling of mayonnaise. The parties only expect to take three depositions (each). Fact discovery will close on April 28, 2023. The rest of the schedule, meaning expert dates, will flow from that date at the intervals proposed by the parties. If there is a compelling reason why the parties cannot complete discovery in six months, they can seek more discovery at a later time. But at this point, a long schedule seems like a recipe for delays and inefficiencies. Plaintiff has not made a settlement demand. Plaintiff must make a settlement demand in writing and in good faith by October 14, 2022. Defendant must respond in writing and in good faith by November 4, 2022. The parties must meet and confer, and must file a joint statement by November 15, 2022 addressing whether they seek a settlement conference. In the meantime, the Court has a few questions. The complaint points to the label on the jar of mayonnaise, which says "Mayo with Olive Oil." But by the look of things, it seems that the jar does, in fact, contain olive oil. Olive oil is the third ingredient. And Plaintiff seems to concede that point. The next paragraph of the complaint says: "The labeling gives consumers the impression it has a greater absolute and relative amount of olive oil compared to traditional vegetable oil ingredients than it does." By October 17, 2022, Plaintiff must file a statement addressing the following questions. First, does Plaintiff deny that the jar of mayo does, in fact, contain olive oil? If so, on what basis? Second, what is the basis for Plaintiff's statement that the label "gives consumers the impression it has a greater absolute and relative amount of olive oil compared to traditional vegetable oil ingredients than it does"? By the look of things, the mayo jar said no such thing. The jar said that the mayo had olive oil. The label did not deny the presence of other oils, or suggest that the jar contained more olive oil than other types of oil. By all appearances, the front of the mayo jar did not make any statement about the relative amounts of different types of oil. If Plaintiff disagrees, Plaintiff must explain why. By October 24, 2022, Defendant must file a statement and address whether the mayo does, in fact, contain olive oil. Mailed notice (jjr, ) (Docket Text Modified on 10/3/2022) (jjr, ).
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Filing 11
STATUS Report (Joint) by Jeremy Guzman (Sheehan, Spencer)
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Filing 10
ATTORNEY Appearance for Plaintiff Jeremy Guzman by Francis Richard Greene (Greene, Francis)
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Filing 9
WAIVER OF SERVICE returned executed by Jeremy Guzman. Walmart Inc. waiver sent on 9/6/2022, answer due 11/7/2022. (Sheehan, Spencer)
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Filing 8
MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw (Dckt. No. #7 ) is granted. Attorneys Peter S. Lubin and Patrick D. Austermuehle are terminated as counsel of record. Mailed notice. (jjr, )
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Filing 7
MOTION by Attorney Peter Lubin, Patrick Austermuehle to withdraw as attorney for Jeremy Guzman. No party information provided (LUBIN, PETER)
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Filing 6
ATTORNEY Appearance for Plaintiff Jeremy Guzman by Patrick Doyle Austermuehle (Austermuehle, Patrick)
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Filing 5
ATTORNEY Appearance for Plaintiff Jeremy Guzman by PETER S. LUBIN (LUBIN, PETER)
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Filing 4
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by September 19, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, )
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Filing 3
ATTORNEY Appearance for Plaintiff Jeremy Guzman by Spencer Sheehan (Sheehan, Spencer)
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Filing 2
CIVIL Cover Sheet (Sheehan, Spencer)
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Filing 1
COMPLAINT filed by Jeremy Guzman; Jury Demand. Filing fee $ 402, receipt number AILNDC-19618702.(Sheehan, Spencer)
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SUMMONS Issued as to Defendant Walmart Inc. (ak, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (emc, )
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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, )
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| Plaintiff: Jeremy Guzman | |
| Represented By: | Spencer Sheehan |
| Represented By: | PETER S. LUBIN |
| Represented By: | Patrick Doyle Austermuehle |
| Represented By: | Francis Richard Greene |
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| Defendant: Walmart Inc. | |
| Represented By: | August Theodore Horvath |
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