Johnston v. Kashi Sales, L.L.C.
| Sheila Johnston |
| Kashi Sales, L.L.C. |
| 3:2021cv00441 |
| May 2, 2021 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Nancy J Rosenstengel |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 45 JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 4/12/2023. (drr) |
| Filing 44 STIPULATION of Dismissal by Sheila Johnston. (Sheehan, Spencer) |
| Filing 43 NOTICE REGARDING FILING re #42 Stipulation filed by Sheila Johnston. When documents will contain multiple Attorney signatures, the non-filing Attorney shall include "with consent" in his/her signature. This Notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 42 STIPULATION re #38 Scheduling Order Modifying Class Certification Deadlines by Sheila Johnston. (Sheehan, Spencer) |
| Filing 41 NOTICE OF MODIFICATION re #40 Stipulation filed by Sheila Johnston. Proposed Second Amended Complaint was attached to the main document. Proposed documents are not to be filed, but rather submitted via email to the Court (see CM/ECF User's Manual at pgs. 2.6-2.7). Proposed Second Amended Complaint to be deleted in accordance with this Court's practices. Proposed documents need to be emailed to the proper judge. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 40 STIPULATION re #16 Amended Complaint (proposed order submitted via email) by Sheila Johnston. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Sheehan, Spencer) |
Filing 39
ORDER: A Class Certification Hearing is SET for 8/24/2023 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 11/2/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 38
ORDER ADOPTING JOINT REPORT. Signed by Chief Judge Nancy J. Rosenstengel on 10/27/2022. (Attachments: #1 Joint Report of Parties)(drb)
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| Filing 37 Minute Entry for proceedings held before Chief Judge Nancy J. Rosenstengel: Telephonic Scheduling Conference held on 10/26/2022. Attorneys Spencer Sheehan and Alex Smith participated. The Joint Report of the Parties is accepted as submitted. Should a discovery dispute arise, the parties are instructed to file a motion and response. The Court will rule on the filings or set a hearing. (Court Reporter N/A.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 36 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #32 Order Referring Case to Mediation. The Court has determined that this order was entered in error and is stricken.(drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 35
ORDER RESETTING TIME OF HEARING: The Telephonic Scheduling Conference set for 10/26/2022 will now begin at 3:00 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 9/28/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is SET for 10/26/2022 at 1:30 PM before Chief Judge Nancy J. Rosenstengel. Instructions for joining the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. The parties shall submit a Joint Report of Parties and Proposed Scheduling and Discovery Order via email to NJRpd@ilsd.uscourts.gov seven (7) days prior to the conference. Signed by Chief Judge Nancy J. Rosenstengel on 9/28/2022. (drb)
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| Filing 33 CJRA TRACK D assigned: Final Pretrial Conference set for 6/20/2024 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial Month set for July 2024.(drb) |
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Filing 32
STRICKEN - MANDATORY MEDIATION REFERRAL ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 9/28/2022. (drb) Modified on 10/26/2022 (drb).
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| Filing 31 Kashi Sales, L.L.C.'s ANSWER to #16 Amended Complaint by Kashi Sales, L.L.C..(Panos, Dean) |
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Filing 30
ORDER: The Motion to Dismiss filed by Kashi (Doc. #20 ) is GRANTED in part and DENIED in part. The motion is GRANTED as to Johnston's breach of warranty, negligent misrepresentation, common-law fraud claims, injunctive relief, and all claims based on Kashi's representations regarding honey. The motion is DENIED as to Johnston's consumer fraud and unjust enrichment claims. The action will proceed on Johnston's claims in Counts I, II, and VI. Signed by Chief Judge Nancy J. Rosenstengel on 9/8/2022. (drr)
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| Filing 29 Corporate Disclosure Statement by Kashi Sales, L.L.C. identifying Corporate Parent Kellogg Company, Other Affiliate Kellogg Sales Company for Kashi Sales, L.L.C.. (Panos, Dean) |
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Filing 28
ORDER: A review of the record in this case indicates that Defendant has not filed a Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendant, up to and including August 22, 2022, to comply. Defendant is further ordered to provide the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012) ("a limited liability company's citizenship includes every state of which any unit holder is a citizen"); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (a pleading must identify each member of the LLC and the citizenship of each of those members). Signed by Chief Judge Nancy J. Rosenstengel on 8/17/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
ORDER GRANTING MOTION for Leave to File Notice of Supplemental Authority by Kashi Sales, L.L.C. (Doc. #25 ). Signed by Chief Judge Nancy J. Rosenstengel on 5/31/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 SUPPLEMENT by Kashi Sales, L.L.C.. / Notice of Supplemental Authority. (Attachments: #1 Exhibit 1)(Panos, Dean) |
| Filing 25 MOTION for Leave to File Notice of Supplemental Authority by Kashi Sales, L.L.C.. (Attachments: #1 Proposed Notice of Supplemental Authority, #2 Exhibit 1)(Panos, Dean) |
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Filing 24
ORDER GRANTING MOTION for Leave to File Notice of Supplemental Authority by Kashi Sales, L.L.C. (Doc. #23 ). Signed by Chief Judge Nancy J. Rosenstengel on 3/28/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION for Leave to File Notice of Supplemental Authority by Kashi Sales, L.L.C.. (Attachments: #1 Proposed Notice of Supplemental Authority, #2 Exhibit 1)(Panos, Dean) |
| Filing 22 REPLY to Response to Motion re #20 MOTION to Dismiss /Kashi Sales, L.L.C's Motion to Dismiss Plaintiff's First Amended Class Action Complaint filed by Kashi Sales, L.L.C.. (Panos, Dean) |
| Filing 21 MEMORANDUM in Opposition re #20 MOTION to Dismiss /Kashi Sales, L.L.C's Motion to Dismiss Plaintiff's First Amended Class Action Complaint filed by Sheila Johnston. (Sheehan, Spencer) |
| Filing 20 MOTION to Dismiss /Kashi Sales, L.L.C's Motion to Dismiss Plaintiff's First Amended Class Action Complaint by Kashi Sales, L.L.C.. Responses due by 10/25/2021 (Attachments: #1 Memorandum of Law in Support of Kashi Sales L.L.C.'s Motion to Dismiss Plaintiff's First Amended Class Action Complaint)(Panos, Dean) |
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Filing 19
ORDER finding as moot #15 Motion to Dismiss as Shelia Johnston filed an Amended Complaint #16 as of right. Signed by Chief Judge Nancy J. Rosenstengel on 8/27/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER GRANTING #17 Agreed Motion to Continue Deadline to Respond to First Amended Class Action Complaint filed by Defendant Kashi Sales, L.L.C. Kashi shall answer or otherwise respond to the First Amended Class Action Complaint on or before September 20, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 8/17/2021. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION to Continue /Kashi Sales, L.L.C.'s Agreed Motion to Continue Deadline to Respond to First Amended Class Action Complaint by Kashi Sales, L.L.C.. (Panos, Dean) |
| Filing 16 AMENDED COMPLAINT as of right against Kashi Sales, L.L.C., filed by Sheila Johnston.(Sheehan, Spencer) |
| Filing 15 MOTION to Dismiss by Kashi Sales, L.L.C.. Responses due by 8/30/2021 (Attachments: #1 Memorandum of Law In Support of Kashi Sales L.L.C.'s Motion To Dismiss Plaintiff's Class Action Complaint)(Panos, Dean) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Sheila Johnston. Kashi Sales, L.L.C. waiver sent on 5/25/2021, answer due 7/26/2021. (Sheehan, Spencer) |
| Filing 13 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:21-cv-00441-NJR. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 12
ORDER granting #10 Motion to Appear Pro Hac Vice by Attorney Dean N. Panos on behalf of Kashi Sales, L.L.C. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Smith, Alexander) |
| Filing 10 MOTION to Appear Pro Hac Vice by Attorney Dean N. Panos $200 fee paid,receipt number 0754-4493967 by on behalf of Kashi Sales, L.L.C.. (Panos, Dean) |
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Filing 9
ORDER granting #8 Motion to Appear Pro Hac Vice of Attorney Alexander M. Smith on behalf of Defendant. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Appear Pro Hac Vice by Attorney Alexander Michael Smith $200 fee paid,receipt number 0754-4493629 by on behalf of Kashi Sales, L.L.C.. (Smith, Alexander) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Sheehan, Spencer) |
| Filing 6 NOTICE: Sheila Johnston was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Sheila Johnston shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 6/1/2021 (trb) |
| Filing 5 NOTICE of Appearance by Spencer I Sheehan on behalf of Sheila Johnston (Sheehan, Spencer) |
| Filing 4 NOTICE OF ACTION In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Sheehan does not have a Notice of Appearance on file in this case. (trb) |
| Filing 3 Summons Issued as to Kashi Sales, L.L.C. and returned to attorney for service. (trb) |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Sheila Johnston. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 21-441-RJD. Consent due by 5/24/2021 (trb) |
| Filing 1 COMPLAINT against Kashi Sales, L.L.C. ( Filing fee $ 402 receipt number 0754-4468474.), filed by Sheila Johnston. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sheehan, Spencer) |
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| Defendant: Kashi Sales, L.L.C. | |
| Represented By: | Dean N. Panos |
| Represented By: | Alexander Michael Smith |
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| Plaintiff: Sheila Johnston | |
| Represented By: | Spencer I Sheehan |
| Represented By: | Spencer I. Sheehan |
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