Aduli, et al v. J.M. Smucker Company, et al
| Farhad Aduli and Cheri Aduli |
| The J.M. Smucker Company, Smucker Foodservice, Inc., Walmart Inc., J.M. Smucker Company and Smucker Foodservice, Inc |
| 2:2023cv02514 |
| July 14, 2023 |
| US District Court for the Eastern District of Louisiana |
| Janis van Meerveld |
| Wendy B Vitter |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 Correction of Docket Entry by Clerk re #43 MOTION to Substitute Document. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. (cs) |
| Filing 43 EXPARTE/CONSENT MOTION to Substitute Document by J.M. Smucker Company, Smucker Foodservice, Inc. (Attachments: #1 Proposed Order, #2 Exhibit)(O'Cain, Patrick) Modified text on 11/16/2023 (cs). |
| Filing 42 TELEPHONE STATUS CONFERENCE REPORT - On October 2, 2023, the Court held a Telephone Status Conference in this matter. During the conference, the Court discussed with counsel the status of the case. The deadlines set forth in the Court's Scheduling Order (R. Doc. #36 ) remain in effect. (cg) |
Filing 41
TEXT ORDER (No PDF Document Attached) Due to a scheduling conflict with the Courts calendar, the Telephone Status Conference scheduled on Monday, October 2, 2023 at 10:00 a.m.. is hereby CONTINUED to begin at 12:00 p.m. The dial information will remain the same. Signed by Judge Wendy B Vitter.(mf)
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Filing 40
ORDER granting #38 Motion for Extension of Time to Respond to Plaintiffs' Written Discovery. J.M. Smucker and Smucker Foodservice shall have until October 30, 2023, to respond to plaintiffs' "First Set of Requests for Admission, Interrogatories, and Requests for Production." Signed by Magistrate Judge Janis van Meerveld on 9/19/2023. (rt)
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| Filing 39 Correction of Docket Entry by Clerk re #38 MOTION for Extension of Time to Respond to Plaintiffs' Written Discovery. **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action.** (mmv) |
| Filing 38 EXPARTE/CONSENT MOTION for Extension of Time to Respond to Plaintiffs' Written Discovery by J.M. Smucker Company, Smucker Foodservice, Inc. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(O'Cain, Patrick) Modified text/added referral on 9/18/2023 (mmv). |
| Filing 37 Rule 7.1 Disclosure Statement by All Plaintiffs . (Taylor, Jameson) Modified text on 9/14/2023 (mmv). |
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Filing 36
SCHEDULING ORDER:Jury Trial set for 6/24/2024 09:00 AM before Judge Wendy B Vitter. Final Pretrial Conference set for 6/7/2024 10:00 AM before Judge Wendy B Vitter. Telephone Status Conference set for 10/2/2023 10:00 AM before Judge Wendy B Vitter. All discovery must be completed by 4/8/2024. Signed by Judge Wendy B Vitter on 8/31/23. (Attachments: #1 Rule 7.1 Disclosure Form, #2 Pretrial Notice Form)(cg)
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Filing 35
ORDER - Considering the Motion to Enroll Additional Counsel Pro Hac Vice (R. Doc. #30 ); IT IS HEREBY ORDERED that the Motion is GRANTED. Richard Fama is permitted to appear as a visiting attorney for and on behalf of defendant, Walmart Inc. Signed by Judge Wendy B Vitter on 8/30/23. (cg)
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Filing 34
ORDER granting #29 Motion to Appear Pro Hac Vice as to Richard Fama. Signed by Judge Wendy B Vitter on 8/30/23. (Attachments: #1 Pro Hac Notice) (cg)
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| Filing 33 Rule 7.1 Disclosure Statement by Walmart Inc. . (O'Cain, Patrick) Modified text on 8/29/2023 (mmv). |
| Filing 32 Rule 7.1 Disclosure Statement by Smucker Foodservice, Inc . (O'Cain, Patrick) Modified text on 8/29/2023 (mmv). |
| Filing 31 Rule 7.1 Disclosure Statement by J.M. Smucker Company . (O'Cain, Patrick) Modified text on 8/29/2023 (mmv). |
| Filing 30 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Richard Fama) (Filing fee $ 100 receipt number ALAEDC-10119586) by Walmart Inc.. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Consent to Electronic Filing, #4 Proposed Order)(O'Cain, Patrick) (Attachment 4 replaced on 8/29/2023) (mmv). |
| Filing 29 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Richard Fama (Filing fee $ 100 receipt number ALAEDC-10119457) by J.M. Smucker Company, Smucker Foodservice, Inc. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Consent to Electronic Filing, #4 Proposed Order)(O'Cain, Patrick) Modified text on 8/29/2023 (mmv). |
| Filing 28 Statement of Corporate Disclosure by Walmart Inc. (O'Cain, Patrick) |
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Filing 27
TEXT ORDER (No PDF Document Attached) GRANTING #25 Motion to Substitute Attorney. Frances H. Brown, III (La. Bar No. 16831), shall be enrolled as lead counsel of record for defendant, Walmart, Inc. Attorney Gary Gerard Hebert terminated. Signed by Judge Wendy B Vitter on 8/14/23. (fml)
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Filing 26
TEXT ORDER (No PDF Document Attached) GRANTING #24 Motion to Substitute Attorney. Francis H. Brown, III (La. Bar No. 16831), shall be enrolled as lead counsel of record for defendants, The J.M. Smucker Company and Smucker Foodservice, Inc. Attorney Gary Gerard Hebert terminated. Signed by Judge Wendy B Vitter on 8/14/23. (fml)
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| Filing 25 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Francis H. Brown, III to be substituted in place of Gary G. Hebert by Walmart Inc.. (Attachments: #1 Proposed Order)(O'Cain, Patrick) |
| Filing 24 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Francis H. Brown, III to be substituted in place of Gary G. Hebert by J.M. Smucker Company, Smucker Foodservice, Inc. (Attachments: #1 Proposed Order)(O'Cain, Patrick) |
| Filing 23 NOTICE OF HEARING. A call-in scheduling conference is set for 8/29/2023 02:30 PM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(mmv) |
| Filing 22 Correction of Docket Entry by Clerk re #20 , #21 Answers to Complaint. **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 10.** (mmv) |
| Filing 21 ANSWER to #10 Notice of Removal (Original Complaint) with Jury Demand by Walmart Inc. Attorney Patrick J. O'Cain added to party Walmart Inc.(pty:dft).(O'Cain, Patrick) Modified text/added linkage on 8/10/2023 (mmv). |
| Filing 20 ANSWER to #10 Notice of Removal (Original Complaint) with Jury Demand by J.M. Smucker Company.(O'Cain, Patrick) Modified text/added linkage on 8/10/2023 (mmv). |
| Filing 19 Supplemental Notice of Compliance by J.M. Smucker Company, Smucker Foodservice, Inc. re #11 Directive Pursuant to 28 U.S.C. 1447(b). (Attachments: #1 Exhibit Citation (process) served on defendants)(O'Cain, Patrick) Modified text on 7/20/2023 (mmv). |
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Filing 18
TEXT ORDER (No PDF Document Attached) GRANTING #14 Motion for Extension of Time to Answer. Pursuant to LR 7.8, The J.M. Smucker Company and Smucker Foodservice, Inc., shall have an additional 21 days, or until August 11, 2023, to file responsive pleadings in this matter. Signed by Judge Wendy B Vitter on 7/20/23. (fml)
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| Filing 17 Correction of Docket Entry by Clerk re #15 Response/Reply. **Filing attorney selected incorrect event. Correct event is NOTICE OF COMPLIANCE. Clerk took corrective action by changing the event.** (mmv) |
| Filing 16 Correction of Docket Entry by Clerk re #14 First MOTION for Extension of Time to Answer plaintiffs' petition (Doc. 10-2). **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on otherappropriate screen. Clerk took corrective action by linking document to document 10.** (mmv) |
| Filing 15 Notice of Compliance by J.M. Smucker Company, Smucker Foodservice, Inc. re #11 Directive Pursuant to 28 U.S.C. 1447(b). (Attachments: #1 State Court Pleadings Pleadings, #2 State Court Service returns)(O'Cain, Patrick) Modified text/event on 7/20/2023 (mmv). |
| Filing 14 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #10 Notice of Removal (Original Petition) by J.M. Smucker Company, Smucker Foodservice, Inc. (Attachments: #1 Proposed Order)(O'Cain, Patrick) Modified text/added linkage on 7/20/2023 (mmv). |
| Filing 13 Consent to Removal of Case to Federal Court by Smucker Foodservice, Inc. (O'Cain, Patrick) Modified text on 7/20/2023 (mmv). |
| Filing 12 Correction of Docket Entry by Clerk re #4 , AND #9 Notices of Removal. **Documents have been marked- **FILED INCORRECT DOCUMENTS- SEE CORRECT FILING, REC. DOC. 10.** (mmv) |
| Filing 11 DIRECTIVE PURSUANT TO 28 U.S.C. 1447(b) re #10 Notice of Removal. By Clerk.(mmv) Modified to correct linkage on 7/17/2023 (mmv). |
| Filing 10 NOTICE OF REMOVAL from 22nd JDC, St. Tammany Parish, case number 2023-12769 Div B (Fee previously paid) filed by Smucker Foodservice, Inc., J.M. Smucker Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings Petition (redacted), #3 Exhibit Consent to Removal)(O'Cain, Patrick) |
| Filing 9 **FILED INCORRECT DOCUMENTS- SEE CORRECT FILING, REC. DOC. 10** NOTICE OF REMOVAL from 22nd JDC, St. Tammany Parish, case number 2023-12769 Div B (Fee previously paid) filed by Smucker Foodservice, Inc., J.M. Smucker Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings Petition, #3 Exhibit Consent to Removal)(O'Cain, Patrick) Modified on 7/17/2023 (mmv). |
| Filing 8 Correction of Docket Entry by Clerk re #7 Statement of Corporate Disclosure. **Filing attorney did not enter J.M. Smucker Company as a corporate parent(s) at the prompt 'Search for a corporate parent or other affiliate'. Clerk took corrective action.** (mmv) |
| Filing 7 Statement of Corporate Disclosure by Smucker Foodservice, Inc. identifying Corporate Parent CP APN, Inc., Corporate Parent NU Pet Company for Smucker Foodservice, Inc. Corporate Parent J.M. Smucker Company for Smucker Foodservice, Inc. (O'Cain, Patrick) Modified text/corporate parent on 7/17/2023 (mmv). |
| Filing 6 Statement of Corporate Disclosure by J.M. Smucker Company (O'Cain, Patrick) Modified text on 7/17/2023 (mmv). |
| Filing 5 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Janis van Meerveld. (kls) |
| Filing 4 **FILED INCORRECT DOCUMENTS- SEE CORRECT FILING, REC. DOC. 10** NOTICE OF REMOVAL from 22nd J.D.C., St. Tammany Parish, LA, case number 2023-12769 Div. B (Fee previously paid) filed by Smucker Foodservice, Inc., The J.M. Smucker Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings Petition, #3 Exhibit Consent to Removal by Walmart Inc.)(O'Cain, Patrick) Modified text yon 7/17/2023 (mmv). Modified on 7/17/2023 (mmv). |
| Filing 3 Statement of Corporate Disclosure by The J.M. Smucker Company (O'Cain, Patrick) |
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