Franco et al v. Chobani, LLC
| Jason Franco, Abigail Franco, Misty M Lacy, John D Baker and similarly situated class and subclass members |
| Chobani, LLC |
| 1:2023cv03047 |
| May 15, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Tort Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' Fed. R. Evid. 201(e) objection to request for judicial notice and request to be heard #30 is taken under advisement. Any response by the defendant is due by 12/4/23. Mailed notice (air, ) |
| Filing 30 MOTION by Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy for order re Objection to Materials Attached to Reply Brief (Burke, Alexander) |
| Filing 29 REPLY by Chobani, LLC to MOTION by Defendant Chobani, LLC to dismiss Plaintiffs' Class Action Complaint and Memorandum in Support #19 (Attachments: #1 Declaration of Andrew S. Tulumello, #2 Exhibit / Reply Exhibit 1)(Tulumello, Andrew) |
| Filing 28 MINUTE entry before the Honorable John J. Tharp, Jr: The defendant's unopposed motion to extend the reply brief deadline #27 is granted. The defendant's reply is due by 10/23/23. Mailed notice (air, ) |
| Filing 27 MOTION by Defendant Chobani, LLC for extension of time to file response/reply as to motion to dismiss, #19 , response in opposition to motion,, #26 CHOBANI'S UNOPPOSED MOTION TO EXTEND THE REPLY BRIEF DEADLINE (Ives, Erik) |
| Filing 26 RESPONSE by John D Baker, Abigail Franco, Jason Franco, Misty M Lacyin Opposition to MOTION by Defendant Chobani, LLC to dismiss Plaintiffs' Class Action Complaint and Memorandum in Support #19 PLAINTIFFS' MEMORANDUM IN OPPOSITION TO CHOBANI, LLC'S MOTION TO DISMISS PLAINTIFFS' CLASS ACTION COMPLAINT (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09)(French, Yates) |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' unopposed motion for leave to file excess pages #24 is granted. Mailed notice (air, ) |
| Filing 24 MOTION by Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy for leave to file excess pages (Unopposed) (Burke, Alexander) |
| Filing 23 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' agreed motion to extend briefing schedule deadlines #22 is granted. The plaintiffs' response is due by 9/18/23; the defendant's reply is due by 10/9/23. Mailed notice (air, ) |
| Filing 22 MOTION by Defendant Chobani, LLC for extension of time AGREED MOTION TO EXTEND BRIEFING SCHEDULE DEADLINES (Ives, Erik) |
| Filing 21 NOTICE by Chobani, LLC / Notice of Errata (Attachments: #1 Exhibit - Updated Exhibit B to Chobani, LLC's Motion to Dismiss)(Tulumello, Andrew) |
| Filing 20 STATUS Report Parties' Joint Initial Status Report by John D Baker, Abigail Franco, Jason Franco, Misty M Lacy (Burke, Alexander) |
| Filing 19 MOTION by Defendant Chobani, LLC to dismiss Plaintiffs' Class Action Complaint and Memorandum in Support (Attachments: #1 Declaration of Erik J. Ives, #2 Exhibit A - FDA Guidance on Allulose, #3 Exhibit B - Chobani's TMP Application, #4 Exhibit C - FDA's Approval of Chobani's TMP)(Tulumello, Andrew) |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' agreed motion for an order extending the time for Chobani, LLC to respond to the complaint and approving the parties' amended briefing schedule on Chobani, LLC's anticipated motion to dismiss #17 is granted. The defendant's responsive pleading is due by 7/28/2023. Response is due 9/11/2023. Reply is due 10/2/2023. Mailed notice (air, ) |
| Filing 17 MOTION by Defendant Chobani, LLC for extension of time AGREED MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE AND SET AMENDED BRIEFING SCHEDULE ON MOTION TO DISMISS (Ives, Erik) |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiffs and Defendant's agreed motion to extend the deadline for filing the initial status report #15 is granted. The parties shall file the initial status report on or before 8/25/2023. Mailed notice (air, ) |
| Filing 15 MOTION by Defendant Chobani, LLC for extension of time AGREED MOTION TO EXTEND THE DEADLINE FOR FILING THE INITIAL STATUS REPORT (Ives, Erik) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chobani, LLC (Amended) (Tulumello, Andrew) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion for an extension of time to answer or otherwise plead and approval of the proposed briefing schedule for the defendant's anticipated motion to dismiss #11 is granted. The defendant's responsive pleading is due by 7/18/2023. Response is due 8/28/2023. Reply is due 9/18/2023. Mailed notice (air, ) |
| Filing 12 ATTORNEY Appearance for Defendant Chobani, LLC by Erik J. Ives (Ives, Erik) |
| Filing 11 MOTION by Defendant Chobani, LLC for extension of time to file answer regarding complaint, #1 , and for approval of proposed briefing schedule for any motion to dismiss (Agreed Motion) (Tulumello, Andrew) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chobani, LLC (Tulumello, Andrew) |
| Filing 9 ATTORNEY Appearance for Defendant Chobani, LLC by Andrew S. Tulumello (Tulumello, Andrew) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 6/26/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 7 SUMMONS Returned Executed by Jason Franco, John D Baker, Misty M Lacy, Abigail Franco as to Chobani, LLC on 5/22/2023, answer due 6/12/2023. (French, Yates) |
| ALIAS Summons Issued as to Defendant Chobani, LLC. (lm, ) |
| Filing 6 ATTORNEY Appearance for Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy by Alexander H. Burke (Burke, Alexander) |
| Filing 5 ATTORNEY Appearance for Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy by Amanda Marie Zannoni (Zannoni, Amanda) |
| SUMMONS Issued as to Defendant Chobani, LLC (jb, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (khg, ) Modified on 5/16/2023 (sxh, ). |
| 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. (khg, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy, similarly situated class and subclass members by Heather L. Kramer (Kramer, Heather) |
| Filing 3 ATTORNEY Appearance for Plaintiffs John D Baker, Abigail Franco, Jason Franco, Misty M Lacy, similarly situated class and subclass members by Yates French (French, Yates) |
| Filing 2 CIVIL Cover Sheet (French, Yates) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT FOR DAMAGES filed by Jason Franco, John D Baker, Misty M Lacy, Abigail Franco, similarly situated class and subclass members; JURY DEMAND. Filing fee $ 402, receipt number AILNDC-20640351. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(French, Yates) |
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