IN RE: MIDWESTERN PET FOODS MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION
Plaintiff: TIFFANY CARLSON, CHANLER POTTS, BRITTANY A. LEE, KELLEEN REGAN, MARCIA BERGER, JANNETTE KERN, JAMES BUECHLER, SUE FLYNN, CONNOR STAPONSKI, SHANNON PROULX and HENRY FRANCO, JR.
Defendant: MIDWESTERN PET FOODS, INC. and NUNN MILLING COMPANY INC
In Re: MIDWESTERN PET FOODS MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION
Consolidated Plaintiff: SHANDA MARSHALL, CHARLES FOSTER, HARVEY E. WILLIAMS, OWEN WOODALL, VOLLIE GRIFFIN, MEL LAFEBRE, STEPHANIE ROMERO, DAVID STARNES, STACI FOOTE, ASHLEY LILL, CRYSTAL FABELA and TAMMY JOHNSON
Case Number: 3:2021cv00007
Filed: January 13, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: Mark J Dinsmore
2 Judge: Richard L Young
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2023 Opinion or Order Filing 161 ORDER ON MOTION TO SEAL - The joint motion for leave and to file and maintain documents under seal, Dkt. #153 , is GRANTED. The Clerk is directed to maintain Docket No. 152 UNDER SEAL. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 8/25/2023. (KAA)
August 25, 2023 Filing 160 NOTICE of FILING of OFFICIAL TRANSCRIPT of Final Approval Hearing held before District Judge Matthew P. Brookman on 8/21/2023 (Hooten, Amy)
August 25, 2023 Filing 159 TRANSCRIPT of Final Approval Hearing held on 8/21/2023 before District Judge Matthew P. Brookman. (36 pages.) Court Reporter/Transcriber: Amy Hooten (Email: Amy_Hooten@insd.uscourts.gov). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 9/15/2023. Release of Transcript Restriction set for 11/24/2023. (Hooten, Amy)
August 21, 2023 Opinion or Order Filing 158 FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court now enters FINAL JUDGMENT in this matter consistent with the terms set forth in the Court's Order entered on this date approving the parties' Class Action Settlement Agreement. Signed by District Judge Matthew P. Brookman on 8/21/2023.(JRB)
August 21, 2023 Opinion or Order Filing 157 FINAL APPROVAL ORDER OF CLASS ACTION SETTLEMENT - Judgment consistent with this Order shall now issue by separate entry. SEE ORDER. Signed by District Judge Matthew P. Brookman on 8/21/2023.(JRB)
August 18, 2023 Filing 156 NOTICE OF, AND RESPONSE TO, UNTIMELY OBJECTION, filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL (Attachments: #1 Exhibit A: Objection) (Goldenberg, Jeffrey)
August 17, 2023 Opinion or Order Filing 155 ORDER - granting #154 Motion to Appear pro hac vice. Attorney Melinda J. Morales for MARCIA BERGER, Melinda J. Morales for JAMES BUECHLER, Melinda J. Morales for TIFFANY CARLSON, Melinda J. Morales for SUE FLYNN, Melinda J. Morales for HENRY FRANCO, JR, Melinda J. Morales for JANNETTE KERN, Melinda J. Morales for BRITTANY A. LEE, Melinda J. Morales for CHANLER POTTS, Melinda J. Morales for SHANNON PROULX, Melinda J. Morales for KELLEEN REGAN, Melinda J. Morales for CONNOR STAPONSKI added. Signed by Magistrate Judge Mark J. Dinsmore on 8/17/2023. (CW)
August 15, 2023 Filing 154 MOTION for Attorney(s) Melinda J. Morales to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7766750), filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI. (Attachments: #1 Text of Proposed Order)(Morales, Melinda)
August 7, 2023 Filing 153 Joint MOTION to Maintain Document Under Seal #152 SEALED Document (Case Participants - doc) , filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Memorandum in Support of Joint Motion for Leave to File and Maintain Documents Under Seal, #2 Text of Proposed Order)(Wexler, Kenneth)
August 7, 2023 Filing 152 SEALED Exhibit 1, re #151 Brief/Memorandum in Support, filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Wexler, Kenneth)
August 7, 2023 Filing 151 BRIEF/MEMORANDUM in Support re #150 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT , filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit 1 - Redacted Declaration of Cameron R. Azari, #2 Exhibit 2 - Declaration on Behalf of Amazon.com, Inc. Regarding Email Notice, #3 Exhibit 3 - Text of Proposed Order)(Wexler, Kenneth)
August 7, 2023 Filing 150 Unopposed MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Wexler, Kenneth)
July 31, 2023 Opinion or Order Filing 149 ORDER denying with leave to refile #148 Request to Speak at Final Approval Hearing. Settlement Class Members are reminded that deadline to object is August 3, 2023. No Settlement Class member will be entitled to be heard at the Final Approval Hearing (whether individually or through separate counsel) unless their timely objection or comment states their intention to appear at the Final Approval Hearing. Signed by District Judge Matthew P Brookman on 7/31/2023. (LES) (Copy sent via U.S. Mail per distribution list.)
July 28, 2023 Filing 148 MOTION to the Court. (Attachments: #1 Envelope)(JRB)
July 14, 2023 Filing 147 BRIEF/MEMORANDUM in Support re #145 MOTION for Attorney Fees , Reimbursement of Expenses, and Class Representative Service Awards (Amended), filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit 1: Joint Declaration of Co-Lead Counsel, #2 Exhibit 2: Class Representative Declarations)(Goldenberg, Jeffrey)
July 13, 2023 Filing 146 BRIEF/MEMORANDUM in Support re #145 MOTION for Attorney Fees , Reimbursement of Expenses, and Class Representative Service Awards , filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit 1: Joint Declaration of Co-Lead Counsel, #2 Exhibit 2: Class Representative Declarations)(Goldenberg, Jeffrey)
July 13, 2023 Filing 145 MOTION for Attorney Fees , Reimbursement of Expenses, and Class Representative Service Awards, filed by Plaintiffs MARCIA BERGER, JAMES BUECHLER, TIFFANY CARLSON, SUE FLYNN, HENRY FRANCO, JR, JANNETTE KERN, BRITTANY A. LEE, CHANLER POTTS, SHANNON PROULX, KELLEEN REGAN, CONNOR STAPONSKI, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Goldenberg, Jeffrey)
July 11, 2023 Opinion or Order Filing 144 ORDER granting #143 Motion to Substitute Party. The Clerk shall replace Plaintiff "Robert H. Lee" with Plaintiff "Brittany A. Lee, as the Personal Representative of the Estate of Robert H. Lee, Deceased," on the docket. Signed by Magistrate Judge Mark J. Dinsmore on 7/11/2023. (TPS)
July 6, 2023 Filing 143 MOTION to Substitute Party Pursuant to Fed. R. Civ. P. 25(a), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Memorandum in Support, #2 Exhibit 1: Letters of Administration, #3 Exhibit 2: Proposed Order)(Goldenberg, Jeffrey)
July 6, 2023 Filing 142 NOTICE of Suggestion of Death, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL (Goldenberg, Jeffrey)
June 5, 2023 Filing 141 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Mark H. Troutman hereby notifies the Clerk of the court of changed contact information. (Troutman, Mark)
April 4, 2023 Opinion or Order Filing 140 ENTRY UNDOING REFERENCE TO THE MAGISTRATE JUDGE - This case was previously referred to the Magistrate Judge to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P 73. (Docket No. #136 ). The reference is hereby withdrawn. Refer to updated case number 3:21-cv-7-MPB-MJD on all future filings. Signed by Judge Matthew P. Brookman on 04/04/2023.(AAS)
April 4, 2023 Filing 139 NOTICE of Reassignment of Case to Judge Matthew P. Brookman and Magistrate Judge Mark J. Dinsmore. Judge Richard L. Young is no longer assigned to this case. Please include the new case number, 3:21-cv-00007-MPB-MJD, on all future filings in this matter. (JD)
March 27, 2023 Filing 138 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gary E. Mason hereby notifies the Clerk of the court of changed contact information. (Mason, Gary)
February 6, 2023 Opinion or Order Filing 137 ORDER granting #133 PRELIMINARY APPROVING CLASS ACTION SETTLEMENT. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 02/06/2023. (AAS)
February 3, 2023 Opinion or Order Filing 136 ORDER REFERRING CASE to Magistrate Judge -RDER REFERRING CASE to Magistrate Judge - This case is referred to the currently assigned United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. PLEASE USE ALTERED CASE NO. 3:21-cv-7-MPB-RLY ON ALL FUTURE FILINGS WITH THIS COURT. Signed by Magistrate Judge Matthew P. Brookman on 02/03/2023.(AAS)
January 27, 2023 Filing 135 JOINT CONSENT to Jurisdiction to US Magistrate Judge by All Plaintiffs. (Goldenberg, Jeffrey)
January 9, 2023 Filing 134 BRIEF/MEMORANDUM in Support re #133 Unopposed MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit 1: Settlement Agreement, #2 Exhibit A to Settlement Agreement: Claim Form, #3 Exhibit B to Settlement Agreement: Mail and Email Notices, #4 Exhibit C to Settlement Agreement: List of Recalled Products, #5 Exhibit D to Settlement Agreement: Plan of Allocation, #6 Exhibit E to Settlement Agreement: Azari Declaration-Notice Plan, #7 Exhibit 2: Proposed Order Granting Preliminary Approval, #8 Exhibit 3: Goldenberg Declaration)(Goldenberg, Jeffrey)
January 9, 2023 Filing 133 Unopposed MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Goldenberg, Jeffrey)
November 22, 2022 Opinion or Order Filing 132 ORDER granting #131 Motion for Extension of Time - The parties shall have up to and including December 12, 2022 to file a motion for preliminary approval of a class action settlement. Signed by Magistrate Judge Matthew P. Brookman on 11/22/22. (JRB)
November 21, 2022 Filing 131 Joint MOTION for Extension of Time to December 12, 2022 to file a motion for preliminary approval of the class action settlement, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
November 4, 2022 Filing 130 NOTICE of Change of Address, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS (Wexler, Kenneth)
October 28, 2022 Opinion or Order Filing 129 ORDER granting #128 Motion for Extension of Time - The Joint Motion for Extension of Time is GRANTED. The parties shall have up to and including November 21, 2022 to file a motion for preliminary approval of a class action settlement. Signed by Magistrate Judge Matthew P. Brookman on 10/28/2022. (AAS)
October 27, 2022 Filing 128 Joint MOTION for Extension of Time to November 21, 2022 to file a motion for preliminary approval of the class action settlement, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
October 3, 2022 Opinion or Order Filing 127 ORDER granting #126 Motion for Extension of Time to File a Motion for Preliminary Approval of a Class Action Settlement to 10/31/2022. Signed by Magistrate Judge Matthew P. Brookman on 10/3/2022. (JRB)
September 30, 2022 Filing 126 Joint MOTION for Extension of Time to October 31, 2022 to file a motion for preliminary approval, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
August 29, 2022 Opinion or Order Filing 125 ORDER granting #124 Motion for Extension of Time - The Joint Motion for Extension of Time is GRANTED. The parties shall have up to and including October 3, 2022 to file a motion for preliminary approval of a class action settlement. Signed by Magistrate Judge Matthew P. Brookman on 08/29/2022. (AAS)
August 26, 2022 Filing 124 Joint MOTION for Extension of Time to October 3, 2022 to file a motion for preliminary approval, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
August 18, 2022 Opinion or Order Filing 123 ORDER granting #121 Motion for Appointment of Kenneth A. Wexler to Replace Mark J. Tamblyn as Interim Counsel Pursuant to Federal Rule of Civil Procedure 23(g) - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/18/2022. (JRB)
August 1, 2022 Filing 122 Submission of Proposed Order , re #121 MOTION Plaintiffs' Renewed Motion for Appointment of Kenneth A. Wexler to Replace Mark J. Tamblyn as Interim Counsel Pursuant to Federal Rule of Civil Procedure 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Wexler, Kenneth)
August 1, 2022 Filing 121 MOTION Plaintiffs' Renewed Motion for Appointment of Kenneth A. Wexler to Replace Mark J. Tamblyn as Interim Counsel Pursuant to Federal Rule of Civil Procedure 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Wexler, Kenneth)
July 14, 2022 Opinion or Order Filing 120 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 7/14/2022. The Court has been advised that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery filings, schedules, conferences, and trial, if any, are VACATED. The parties shall file a Proposed Settlement Motion on or before August 29, 2022.This order has been formulated after a conference at which the respective parties have appeared. Any party shall file any corrections or additions within fourteen (14) days after receipt of this order. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
July 14, 2022 Filing 119 Submission of Proposed Order , re #117 MOTION Plaintiffs' Motion for Appointment of Kenneth A. Wexler as Replacement Interim Counsel for Mark J. Tamblyn Pursuant to Federal Rule of Civil Procedure 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Wexler, Kenneth)
July 13, 2022 Filing 118 BRIEF/MEMORANDUM in Support re #117 MOTION Plaintiffs' Motion for Appointment of Kenneth A. Wexler as Replacement Interim Counsel for Mark J. Tamblyn Pursuant to Federal Rule of Civil Procedure 23(g) , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Wexler, Kenneth)
July 13, 2022 Filing 117 MOTION Plaintiffs' Motion for Appointment of Kenneth A. Wexler as Replacement Interim Counsel for Mark J. Tamblyn Pursuant to Federal Rule of Civil Procedure 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Wexler, Kenneth)
June 7, 2022 Opinion or Order Filing 115 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 6/7/2022. Plaintiffs' motion for class certification and any supporting expert reports shall be filed by September 26, 2022. Status Conference set for 7/14/2022 at 09:00 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
June 2, 2022 Opinion or Order Filing 114 ORDER granting #113 Motion to Withdraw Attorney Appearance. Attorney Gary M. Klinger withdrawn.. Signed by Magistrate Judge Matthew P. Brookman on 6/2/2022. (JRB)
June 1, 2022 Filing 113 MOTION to Withdraw Attorney Appearance of Gary M. Klinger, filed by Plaintiff TIFFANY CARLSON. (Attachments: #1 Text of Proposed Order)(Klinger, Gary)
May 12, 2022 Filing 111 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Mark H. Troutman hereby notifies the Clerk of the court of changed contact information. (Troutman, Mark)
May 12, 2022 Filing 110 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, David K. Stein hereby notifies the Clerk of the court of changed contact information. (Stein, David)
May 12, 2022 Filing 109 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Rosemary M. Rivas hereby notifies the Clerk of the court of changed contact information. (Rivas, Rosemary)
May 12, 2022 Opinion or Order Filing 108 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/12/2022. Status Conference set for 6/7/2022 at 09:00 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
April 28, 2022 Opinion or Order Filing 106 ORDER GRANTING #105 MOTION TO RE-SET CASE MANAGEMENT CONFERENCE : Telephonic Status Conference set for May 2, 2022 is hereby VACATED and RESET to May 12, 2022 at 10:00 AM (CDT) before Magistrate Judge Matthew P. Brookman. The deadline to submit the brief outline of the discovery status is extended until Noon on May 11, 2022. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 4/28/2022.(JRB) Modified on 4/29/2022 (JRB).
April 27, 2022 Filing 105 Joint MOTION TO RE-SET CASE MANAGEMENT CONFERENCE, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
April 15, 2022 Opinion or Order Filing 103 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 4/15/2022. Telephonic Status Conference set for 5/2/2022 at 01:30 PM (Central Time) before Magistrate Judge Matthew P. Brookman. Parties are DIRECTED to email the Magistrate Judge at Lauren_Steed@insd.uscourts.gov, and opposing counsel, a brief outline, which shall not exceed two pages, of their discovery dispute and their respective positions on the issue by 5:00 p.m. (CDT) on April 29, 2022. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
April 15, 2022 Opinion or Order Filing 102 ORDER granting #101 Motion to Extend Case Management Plan Deadlines - Dispositive Motions due by 1/25/2023., Discovery due by 10/31/2022. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 4/15/2022.(JRB)
April 14, 2022 Filing 101 Joint MOTION to Amend/Correct January 20, 2022 Case Management Plan, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
March 15, 2022 Opinion or Order Filing 99 NOTICE AND ORDER - On the Court's own motion, due to a scheduling conflict, the TELEPHONIC STATUS CONFERENCE set for April 15, 2022 at 10:00 a.m. (CDT), is hereby RESCHEDULED for APRIL 15, 2022 at 2:00 p.m., Evansville time (CDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge. Please note this is a time change ONLY. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 3/15/2022.(AAS)
March 10, 2022 Opinion or Order Filing 98 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 3/10/2022. A Telephonic Status and Discovery Conference set for 4/15/2022 at 10:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
March 9, 2022 Filing 97 RESPONSE in Opposition re #94 MOTION for Protective Order DEFENDANTS' MOTION FOR PROTECTIVE ORDER TO LIMIT THE RETENTION OF RECALLED PRODUCT AND TO COMPEL PLAINTIFFS TO SHARE IN STORAGE COSTS , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Exhibit 1: Rosemary Rivas Declaration)(Goldenberg, Jeffrey)
February 28, 2022 Opinion or Order Filing 95 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 2/28/2022. Parties were represented by counsel. Telephonic Status Conference set for 3/10/2022 at 10:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (LES)
February 23, 2022 Filing 94 MOTION for Protective Order DEFENDANTS' MOTION FOR PROTECTIVE ORDER TO LIMIT THE RETENTION OF RECALLED PRODUCT AND TO COMPEL PLAINTIFFS TO SHARE IN STORAGE COSTS, filed by Defendants MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2))(Penn, Justin)
February 15, 2022 Opinion or Order Filing 92 ORDER granting #91 Motion to Appear pro hac vice. Attorney Kathleen Erin Kelly for MIDWESTERN PET FOODS, INC.,Kathleen Erin Kelly for NUNN MILLING COMPANY INC added. Signed by Magistrate Judge Matthew P. Brookman on 2/15/2022. (JRB)
February 11, 2022 Filing 91 MOTION for Attorney(s) Kathleen E. Kelly to Appear pro hac vice (Filing fee $100, receipt number AINSDC-6967930), filed by Defendants MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC. (Kelly, Kathleen)
January 20, 2022 Opinion or Order Filing 90 ORDER granting #89 PLAINTIFFS' UNOPPOSED MOTION TO AMEND SEPTEMBER 29, 2021 CASE MANAGEMENT PLAN - Dispositive Motions due by 10/25/2022, Discovery due by 7/29/2022. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 1/20/2022.(AAS)
January 18, 2022 Filing 89 Unopposed MOTION for Extension of Time to 04/25/2022 in which to #74 Order: Case Management Deadlines, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion to Amend CMP Deadlines)(DeLaney, Kathleen)
January 13, 2022 Opinion or Order Filing 88 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/13/2022. Telephonic Status Conference set for 2/28/2022 at 09:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (LES)
December 22, 2021 Opinion or Order Filing 86 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 12/22/2021. Status Conference set for 1/13/2022 at 10:30 AM (Central Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
November 12, 2021 Filing 84 NOTICE of Firm Name Change, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS (Tamblyn, Mark)
November 9, 2021 Opinion or Order Filing 83 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Settlement Conference held on 11/5/2021. Telephonic Status Conference set for 12/22/2021 at 09:30 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (LES)
November 4, 2021 Filing 82 NOTICE of Appearance by Irwin B. Levin on behalf of Consol Plaintiffs STEPHANIE ROMERO, DAVID STARNES. (Levin, Irwin)
October 29, 2021 Opinion or Order Filing 81 ORDER granting #79 Motion to Conduct Settlement Conference via Telephone or Zoom - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/29/2021. (JRB)
October 29, 2021 Opinion or Order Filing 80 STIPULATED PROTECTIVE ORDER - SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 10/29/2021.(JRB)
October 28, 2021 Filing 79 Joint MOTION to Conduct Settlement Conference via Telephone or Zoom, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen)
October 28, 2021 Filing 78 Joint MOTION for Protective Order , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL, In Re MIDWESTERN PET FOODS MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION. (Attachments: #1 Stipulated Protective Order)(DeLaney, Kathleen)
October 25, 2021 Filing 77 Witness List DEFENDANTS' PRELIMINARY WITNESS AND EXHIBIT LIST, filed by Defendants MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC, Exhibit List , filed by Defendants MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC. (Penn, Justin)
October 18, 2021 Filing 76 Witness List (Preliminary), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Tamblyn, Mark)
October 18, 2021 Filing 75 Exhibit List (Preliminary), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Tamblyn, Mark)
September 29, 2021 Opinion or Order Filing 74 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 9/24/2021. Dispositive Motions due by 7/26/2022. Discovery due by 5/6/2022. Settlement Conference set for 11/5/2021 at 10:30 AM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 9/29/2021.(TMB)
September 24, 2021 Opinion or Order Filing 73 ORDER granting #72 UNOPPOSED MOTION FOR LEAVE TO FILE ANSWER INSTANTER - Defendants' Motion is GRANTED. The Court notes that Defendants' Answer to Amended Complaint was filed on September 23, 2021 Dkt. No. [71. Signed by Magistrate Judge Matthew P. Brookman on 9/24/2021. (AAS)
September 23, 2021 Filing 72 Unopposed MOTION for Leave to File Answer Instanter, filed by Defendants MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC. (Attachments: #1 Text of Proposed Order)(Penn, Justin)
September 23, 2021 Filing 71 ANSWER to #48 Amended Complaint DEFENDANTS MIDWESTERN PET FOODS, INC. AND NUNN MILLING COMPANY'S ANSWER TO PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT, filed by MIDWESTERN PET FOODS, INC., NUNN MILLING COMPANY INC.(Penn, Justin)
September 14, 2021 Opinion or Order Filing 70 ORDER granting #69 Motion for Continuance of Initial Pretrial Conference - Telephonic Initial Pretrial Conference set for September 14, 2021 is VACATED and RESCHEDULED to SEPTEMBER 24, 2021 at 10:30 a.m. Central time, before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephone conference was previously provided (Dkt. No. 67) and remains unchanged. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/14/2021.(JRB)
September 13, 2021 Filing 69 Joint MOTION for Continuance of Initial Pretrial Conference From September 14, 2021 To September 24, 2021, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
September 7, 2021 Filing 68 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL . (Goldenberg, Jeffrey)
September 2, 2021 Opinion or Order Filing 66 ORDER SETTING TELEPHONIC INITIAL PRE-TRIAL CONFERENCE - Defendant's Motion for Rule 16 Conference or in the Alternative for Clarification (Docket No. 59) is GRANTED in part to the extent that the above case is hereby assigned for a TELEPHONIC INITIAL PRETRIAL CONFERENCE on September 14, 2021 at 9:30 a.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 9/2/2021.(JRB)
September 2, 2021 Filing 65 WAIVER OF SERVICE Returned Executed, filed by STEPHANIE ROMERO. NUNN MILLING COMPANY INC waiver sent on 8/27/2021. (Toops, Lynn)
September 1, 2021 Filing 64 Summons Issued as to NUNN MILLING COMPANY INC. (AAS)
August 31, 2021 Filing 63 Proposed Summons submitted for issuance by the clerk as to NUNN MILLING COMPANY INC. (Toops, Lynn)
August 30, 2021 Filing 62 RESPONSE in Opposition re #59 MOTION for Pretrial Conference and Other Alternative Relief , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (DeLaney, Kathleen)
August 27, 2021 Filing 61 Proposed Summons submitted for issuance by the clerk as to NUNN MILLING COMPANY INC. (Toops, Lynn)
August 24, 2021 Filing 60 BRIEF/MEMORANDUM in Support re #59 MOTION for Pretrial Conference and Other Alternative Relief , filed by Defendant MIDWESTERN PET FOODS, INC.. (Penn, Justin)
August 24, 2021 Filing 59 MOTION for Pretrial Conference and Other Alternative Relief, filed by Defendant MIDWESTERN PET FOODS, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Penn, Justin)
August 13, 2021 Opinion or Order Filing 58 ORDER granting #54 DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME - Defendant shall have up to and including August 30, 2021 to answer or otherwise plead. Signed by Magistrate Judge Matthew P. Brookman on 8/13/2021. (AAS)
August 12, 2021 Filing 57 NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION FOR ENLARGEMENT OF TIME, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, re #54 MOTION for Extension of Time to August 30, 2021 . (Goldenberg, Jeffrey)
August 10, 2021 Opinion or Order Filing 56 ORDER granting in part and denying in part #34 Motion for Protective Order - In sum, Plaintiffs' Motion for Protective Order (Docket No. 34) is GRANTED to the extent that Midwestern must produce within fourteen days of this order copies of all communications to and from any named representatives and absent class members, along with any internal Midwestern or agent/affiliate documents relating to Midwestern's or agent/affiliate contacts with absent class members, including copies of all executed Releases, and is DENIED as to Plaintiffs' other requests for relief. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/10/2021. (AAS)
August 10, 2021 Opinion or Order Filing 55 ORDER granting #52 Motion to Withdraw Attorney Appearance. Attorney Michelle Lukic withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 8/10/2021. (AAS)
August 9, 2021 Filing 54 MOTION for Extension of Time to August 30, 2021 , filed by Defendant MIDWESTERN PET FOODS, INC.. (Attachments: #1 Text of Proposed Order)(Penn, Justin)
August 9, 2021 Filing 53 Submission of Proposed Order , re #52 MOTION to Withdraw Attorney Appearance , filed by Consol Plaintiff SHANDA MARSHALL. (Lukic, Michelle)
August 6, 2021 Filing 52 MOTION to Withdraw Attorney Appearance , filed by Consol Plaintiff SHANDA MARSHALL. (Lukic, Michelle)
August 5, 2021 Filing 51 NOTICE of FILING of OFFICIAL TRANSCRIPT of Motion for Protective Order held before Magistrate Judge Matthew P. Brookman on July 22, 2021 (Techert, Maggie)
August 5, 2021 Filing 50 TRANSCRIPT of Motion for Protective Order held on July 22, 2021 before Magistrate Judge Matthew P. Brookman. (31 pages.) Court Reporter/Transcriber: Maggie Techert (Telephone: (812) 205-0682). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/26/2021. Release of Transcript Restriction set for 11/3/2021. (Techert, Maggie) Released on 11/3/2021 (SWM).
July 27, 2021 Opinion or Order Filing 49 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Motion Hearing held on 7/22/2021 re #34 MOTION for Protective Order Governing Defendant's Communication with Putative Class Members filed by CHANLER POTTS, TIFFANY CARLSON. Parties appeared telephonically.The Court now takes this matter under advisement, Order to follow. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
July 26, 2021 Filing 48 AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit A- FDA's Inspectional Observations Report)(Toops, Lynn)
July 16, 2021 Filing 46 REPLY in Support of Motion re #34 MOTION for Protective Order Governing Defendant's Communication with Putative Class Members , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (DeLaney, Kathleen)
July 16, 2021 Opinion or Order Filing 45 ORDER granting #37 MOTION FOR HEARING ON THEIRMOTION FOR PROTECTIVE ORDER GOVERNING DEFENDANT'S COMMUNICATIONS WITH PUTATIVE CLASS MEMBERS - A TELEPHONIC HEARING is set for JULY 22, 2021 at 10:30 a.m., Evansville time (CDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic hearing will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 7/16/2021.(AAS)
July 13, 2021 Filing 44 RESPONSE to Motion re #34 MOTION for Protective Order Governing Defendant's Communication with Putative Class Members , filed by Defendant MIDWESTERN PET FOODS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Penn, Justin)
July 9, 2021 Opinion or Order Filing 43 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 7/9/2021. Plaintiffs' Motion for Expedited Briefing on Plaintiffs' Motion for Protective Order (Docket No. #36 ) is GRANTED to the extent that Defendant's response to Plaintiffs' Motion for Protective Order is due July 13, 2021, and Plaintiffs' reply to Defendant's response is due July 16, 2021. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
July 7, 2021 Opinion or Order Filing 42 ORDER granting #24 Motion to Appoint Counsel - In sum, Plaintiffs' Motion for Appointment of Interim Counsel Pursuant to Fed R. Civ. P. 23(g) Docket No. #24 is GRANTED. Signed by Magistrate Judge Matthew P. Brookman on 7/7/2021. (AAS)
July 7, 2021 Opinion or Order Filing 40 SCHEDULING ORDER - The above case is hereby assigned for a TELEPHONIC STATUS CONFERENCE on JULY 9, 2021 at 10:30 a.m., Evansville time (CDT), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 7/7/2021.(AAS)
June 30, 2021 Filing 39 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Gary E. Mason hereby notifies the Clerk of the court of changed contact information. (Mason, Gary)
June 30, 2021 Filing 38 RESPONSE to Motion re #36 MOTION for Expedited Briefing on Plaintiffs' Motion for Protective Order , filed by Defendant MIDWESTERN PET FOODS, INC.. (Penn, Justin)
June 29, 2021 Filing 37 MOTION for Hearing on Plaintiffs' Motion for Protective Order, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen)
June 29, 2021 Filing 36 MOTION for Expedited Briefing on Plaintiffs' Motion for Protective Order, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen)
June 29, 2021 Filing 35 BRIEF/MEMORANDUM in Support re #34 MOTION for Protective Order Governing Defendant's Communication with Putative Class Members , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Declaration of Mark J. Tamblyn, #2 Exhibit A to Tamblyn Declaration - Release, #3 Exhibit B to Tamblyn Declaration - Test Results, #4 Exhibit C to Tamblyn Declaration - Casteel Email to Potts, #5 Exhibit D to Tamblyn Declaration - June 3, 2021 letter to Hinshaw Culbertson, #6 Exhibit E to Tamblyn Declaration - June 7, 2021 Email response, #7 Exhibit F to Tamblyn Declaration - June 16, 2021 letter to Hinshaw Culbertson, #8 Exhibit G to Tamblyn Declaration - June 18, 2021 letter to plaintiffs' counsel, #9 Exhibit H to Tamblyn Declaration - June 23, 2021 letter to Hinshaw Culbertson, #10 Exhibit I to Tamblyn Declaration - April 12, 2021 Email from S. Casteel)(DeLaney, Kathleen)
June 29, 2021 Filing 34 MOTION for Protective Order Governing Defendant's Communication with Putative Class Members, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen)
May 5, 2021 Filing 33 REPLY in Support of Motion re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit A- Time and Expense Protocol)(Toops, Lynn)
April 28, 2021 Filing 32 RESPONSE to Motion re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) , filed by Defendant MIDWESTERN PET FOODS, INC.. (Penn, Justin)
April 28, 2021 Filing 31 NOTICE of Appearance by Justin M. Penn on behalf of Defendant MIDWESTERN PET FOODS, INC.. (Penn, Justin)
April 22, 2021 Filing 30 NOTICE of Substitution of Appearance by Daniel E. Gustafson replacing Raina C. Borrelli on behalf of SHANDA MARSHALL (Gustafson, Daniel)
April 19, 2021 Filing 29 Submission of Proposed Order , re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Toops, Lynn)
April 19, 2021 Filing 28 AFFIDAVIT in Support of Motion re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) Jeffrey S. Goldenberg, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit A- Goldenberg Schneider, LPA firm resume, #2 Exhibit B- Jeffrey S. Goldenberg CV)(Toops, Lynn)
April 19, 2021 Filing 27 AFFIDAVIT in Support of Motion re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) of Rosemary M. Rivas, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit A- Gibbs Law Group LLP firm resume, #2 Exhibit B- Cohen & Malad, LLP firm resume, #3 Exhibit C- Anderson Sleater Sianni LLC firm resume, #4 Exhibit D- Levin Sedran & Berman, LLP firm resume, #5 Exhibit E- Sauder Schelkopf, LLC firm resume, #6 Exhibit F- Brown, Paindiris & Scott, LLP firm resume)(Toops, Lynn)
April 19, 2021 Filing 26 AFFIDAVIT in Support of Motion re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) of Mark J. Tamblyn, filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Attachments: #1 Exhibit A- Wexler Wallace LLP firm resume)(Toops, Lynn)
April 19, 2021 Filing 25 BRIEF/MEMORANDUM in Support re #24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g) , filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Toops, Lynn)
April 19, 2021 Filing 24 MOTION to Appoint Counsel Pursuant to Fed. R. Civ. P. 23(g), filed by Plaintiffs TIFFANY CARLSON, CHANLER POTTS, Consol Plaintiffs CRYSTAL FABELA, STACI FOOTE, CHARLES FOSTER, VOLLIE GRIFFIN, TAMMY JOHNSON, MEL LAFEBRE, ASHLEY LILL, SHANDA MARSHALL, STEPHANIE ROMERO, DAVID STARNES, HARVEY E. WILLIAMS, OWEN WOODALL. (Toops, Lynn)
April 12, 2021 Filing 23 NOTICE of Appearance by Annavieve C. Conklin on behalf of Consol Plaintiff SHANDA MARSHALL, Plaintiff CHANLER POTTS. (Conklin, Annavieve)
April 7, 2021 Opinion or Order Filing 22 ORDER granting #21 Motion to Appear pro hac vice. Attorney Rebecca A. Peterson for SHANDA MARSHALL,Rebecca A. Peterson for CHANLER POTTS added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 4/7/2021. (JRB)
April 6, 2021 Filing 21 MOTION for Attorney(s) Rebecca A. Peterson to Appear pro hac vice (Filing fee $100, receipt number 0756-6497862), filed by Consol Plaintiff SHANDA MARSHALL. (Attachments: #1 Exhibit A - Certification of Rebecca A. Peterson, #2 Text of Proposed Order)(DeLaney, Kathleen)
April 5, 2021 Filing 20 AMENDED COMPLAINT against MIDWESTERN PET FOODS, INC., filed by SHANDA MARSHALL. (Attachments: #1 Exhibit A - Inspection Report)(DeLaney, Kathleen)
March 29, 2021 Opinion or Order Filing 19 ORDER granting #17 Motion to Consolidate Cases - The Clerk is DIRECTED to consolidate Cause Nos. 3:21-cv-00009-RLY-MPB, 3:21-cv-00014-RLY-MPB, 3:21-cv-00022-RLY-MPB, 1:21-cv-00360-JPH-TAB, and 3:21-cv-00050-RLY-MPB ("the consolidated actions") into Cause No. 3:21-cv-00007-RLY-MPB and close the other actions. The Clerk is FURTHER DIRECTED to docket this entry in the consolidated actions prior to their closure. No final judgment will issue in the consolidated actions. The Court directs that all future filings be made in 3:21-cv-00007-RLY-MPB. The deadline to file an application(s) for the appointment of Interim Counsel by Monday, April 19, 2021 of entry of this Order. The deadline for the filing of a consolidated complaint is within 60 days of the entry of an order appointing Interim Counsel. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 3/29/2021. (JRB)
March 22, 2021 Filing 18 NOTICE of Filing Marshall Plaintiff's Notice of Joinder in Joint Motion to Consolidate Cases And For Entry Of Scheduling Order by TIFFANY CARLSON (Attachments: #1 Exhibit A: Notice of Joinder by Plaintiff Shanda Marshall, #2 Exhibit B: Proposed Order on Plaintiffs' Motion to Consolidate) (Goldenberg, Jeffrey)
February 26, 2021 Filing 17 MOTION to Consolidate Cases , filed by Plaintiff TIFFANY CARLSON. (Attachments: #1 Text of Proposed Order)(Goldenberg, Jeffrey)
February 11, 2021 Opinion or Order Filing 16 ORDER granting #13 Motion to Appear pro hac vice. Attorney Charles E. Schaffer for TIFFANY CARLSON added. The Court FURTHER ORDERS that Charles E. Schaffer register as a user of the court's electronic case filing system by February 25, 2021. Failure to register could result in the revocation of his admission pro hac vice. Copy to Counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 2/11/2021. (AAS)
February 11, 2021 Opinion or Order Filing 15 ORDER granting #14 Motion to Appear pro hac vice. Attorney Jeffrey S. Goldenberg for TIFFANY CARLSON added. Copy sent to counsel via US MAil. Signed by Magistrate Judge Matthew P. Brookman on 2/11/2021. (JRB)
February 10, 2021 Filing 14 MOTION for Attorney(s) Jeffrey S. Goldenberg to Appear pro hac vice (Filing fee $100, receipt number 0756-6409898), filed by Plaintiff TIFFANY CARLSON. (Attachments: #1 Exhibit Ex. A: Certification of J. Goldenberg, #2 Text of Proposed Order)(Klinger, Gary)
February 10, 2021 Filing 13 MOTION for Attorney(s) Charles E. Shaffer to Appear pro hac vice (Filing fee $100, receipt number 0756-6409836), filed by Plaintiff TIFFANY CARLSON. (Attachments: #1 Exhibit Ex. A: Certification of C.Shaffer, #2 Text of Proposed Order)(Klinger, Gary)
February 8, 2021 Opinion or Order Filing 12 ORDER granting #11 Motion to Appear pro hac vice. Attorney Gary E. Mason for TIFFANY CARLSON added. Copy sent to counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 2/8/2021. (JRB)
February 7, 2021 Filing 11 MOTION for Attorney(s) Gary E. Mason to Appear pro hac vice (Filing fee $100, receipt number 0756-6403443), filed by Plaintiff TIFFANY CARLSON. (Attachments: #1 Exhibit Ex. A; Certification of Gary E. Mason, #2 Text of Proposed Order)(Klinger, Gary)
February 4, 2021 Filing 10 NOTICE of Appearance by Jeffrey W. Ahlers on behalf of Plaintiff TIFFANY CARLSON. (Ahlers, Jeffrey)
February 3, 2021 Filing 9 RETURN of Service, filed by TIFFANY CARLSON. MIDWESTERN PET FOODS, INC. served on 1/19/2021. (Klinger, Gary)
February 1, 2021 Opinion or Order Filing 8 ORDER granting #6 Motion to Appear pro hac vice. Attorney Gary S. Graifman for TIFFANY CARLSON added. The Court FURTHER ORDERS that Gary S. Graifman register as a user of the court's electronic case filing system by February 15, 2021. Failure to register could result in the revocation of his admission pro hac vice. SEE ORDER. Copy to Counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 2/1/2021. (AAS)
February 1, 2021 Opinion or Order Filing 7 ORDER granting #5 Motion to Appear pro hac vice. Attorney Melissa R. Emert for TIFFANY CARLSON added. The Court FURTHER ORDERS that Melissa R. Emert register as a user of the court's electronic case filing system by February 15, 2021. Failure to register could result in the revocation of his admission pro hac vice. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 2/1/2021. (AAS)
January 29, 2021 Filing 6 MOTION for Attorney(s) Gary S. Graifman to Appear pro hac vice (Filing fee $100, receipt number 0756-6391823), filed by Plaintiff TIFFANY CARLSON. (Klinger, Gary)
January 29, 2021 Filing 5 MOTION for Attorney(s) Melissa R. Emert to Appear pro hac vice (Filing fee $100, receipt number 0756-6391806), filed by Plaintiff TIFFANY CARLSON. (Klinger, Gary)
January 14, 2021 Filing 4 NOTICE of Appearance by Gary M. Klinger on behalf of Plaintiff TIFFANY CARLSON. (Klinger, Gary)
January 14, 2021 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS)
January 14, 2021 Filing 2 Summons Issued as to MIDWESTERN PET FOODS, INC.. (AAS)
January 13, 2021 Filing 1 COMPLAINT against MIDWESTERN PET FOODS, INC., filed by TIFFANY CARLSON. (Filing fee $402, receipt number 0756-6365842) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Klinger, Gary)

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Search for this case: IN RE: MIDWESTERN PET FOODS MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION
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Defendant: MIDWESTERN PET FOODS, INC.
Represented By: Justin M. Penn
Represented By: Kathleen Erin Kelly
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Defendant: NUNN MILLING COMPANY INC
Represented By: Justin M. Penn
Represented By: Kathleen Erin Kelly
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Plaintiff: TIFFANY CARLSON
Represented By: Gary M. Klinger
Represented By: Gary E. Mason
Represented By: Charles E. Schaffer
Represented By: Melissa R. Emert
Represented By: Jeffrey W. Ahlers
Represented By: Gary S. Graifman
Represented By: Jeffrey S. Goldenberg
Represented By: Kathleen Ann DeLaney
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Melinda J. Morales
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Plaintiff: CHANLER POTTS
Represented By: Annavieve C. Conklin
Represented By: Kathleen Ann DeLaney
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Melinda J. Morales
Represented By: Rebecca A. Peterson
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Plaintiff: BRITTANY A. LEE
Represented By: Jeffrey S. Goldenberg
Represented By: Kathleen Ann DeLaney
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Melinda J. Morales
Represented By: Rosemary M. Rivas
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Plaintiff: KELLEEN REGAN
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: MARCIA BERGER
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: JANNETTE KERN
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: JAMES BUECHLER
Represented By: Melinda J. Morales
Represented By: Kenneth A. Wexler
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Plaintiff: SUE FLYNN
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: CONNOR STAPONSKI
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: SHANNON PROULX
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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Plaintiff: HENRY FRANCO, JR.
Represented By: Kenneth A. Wexler
Represented By: Melinda J. Morales
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In re: MIDWESTERN PET FOODS MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION
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Consolidated plaintiff: SHANDA MARSHALL
Represented By: Annavieve C. Conklin
Represented By: Daniel E. Gustafson
Represented By: Kathleen Ann DeLaney
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Mark J. Tamblyn
Represented By: Michelle Lukic
Represented By: Raina C. Borrelli
Represented By: Rebecca A. Peterson
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Consolidated plaintiff: CHARLES FOSTER
Represented By: Blake P. Holler
Represented By: Bruce E. Newman
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Scott Stuart Morrisson
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Consolidated plaintiff: HARVEY E. WILLIAMS
Represented By: David K. Stein
Represented By: John P. Young
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Mark H. Troutman
Represented By: Rosemary M. Rivas
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Consolidated plaintiff: OWEN WOODALL
Represented By: David K. Stein
Represented By: John P. Young
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Mark H. Troutman
Represented By: Rosemary M. Rivas
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Consolidated plaintiff: VOLLIE GRIFFIN
Represented By: David K. Stein
Represented By: John P. Young
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Rosemary M. Rivas
Represented By: Mark H. Troutman
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Consolidated plaintiff: MEL LAFEBRE
Represented By: David K. Stein
Represented By: John P. Young
Represented By: Lynn A. Toops
Represented By: Mark H. Troutman
Represented By: Rosemary M. Rivas
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Consolidated plaintiff: STEPHANIE ROMERO
Represented By: Gretchen Elsner
Represented By: Irwin B. Levin
Represented By: Jessica Sleater
Represented By: Kenneth A. Wexler
Represented By: Lisa Marie La Fornara
Represented By: Lynn A. Toops
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Consolidated plaintiff: DAVID STARNES
Represented By: Gretchen Elsner
Represented By: Irwin B. Levin
Represented By: Jessica Sleater
Represented By: Kenneth A. Wexler
Represented By: Lisa Marie La Fornara
Represented By: Lynn A. Toops
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Consolidated plaintiff: STACI FOOTE
Represented By: Gretchen Elsner
Represented By: Irwin B. Levin
Represented By: Jessica Sleater
Represented By: Lisa Marie La Fornara
Represented By: Lynn A. Toops
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Consolidated plaintiff: ASHLEY LILL
Represented By: Gretchen Elsner
Represented By: Irwin B. Levin
Represented By: Jessica Sleater
Represented By: Kenneth A. Wexler
Represented By: Lisa Marie La Fornara
Represented By: Lynn A. Toops
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Consolidated plaintiff: CRYSTAL FABELA
Represented By: Gretchen Elsner
Represented By: Irwin B. Levin
Represented By: Jessica Sleater
Represented By: Kenneth A. Wexler
Represented By: Lisa Marie La Fornara
Represented By: Lynn A. Toops
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Consolidated plaintiff: TAMMY JOHNSON
Represented By: Joseph G. Sauder
Represented By: Kenneth A. Wexler
Represented By: Lynn A. Toops
Represented By: Scott D. Gilchrist
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