Wallace et al v. ConAgra Foods, Inc.
| Melvin Wallace, Shirley Hardt, Lewis Simpson, William Cobb, Erica Davis-Holder, Rotem Cohen, Julian Wagner, Rose Wagner, Erin Stilwell, Maria Eugenia Saenz Valiente and Adam Burnham |
| ConAgra Foods, Inc. |
| 0:2012cv01354 |
| June 6, 2012 |
| US District Court for the District of Minnesota |
| DMN Office |
| Aitkin |
| Donovan W. Frank |
| Tony N. Leung |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2013. A more recent docket listing may be available from PACER.
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| Filing 63 USCA Case Number 13-1485 for 61 Notice of Appeal to 8th Circuit, filed by Shirley Hardt, Adam Burnham, William Cobb, Lewis Simpson, Maria Eugenia Saenz Valiente, Erica Davis-Holder, Julian Wagner, Erin Stilwell, Melvin Wallace, Rotem Cohen, Rose Wagner. (akl) |
| Filing 62 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit, 61 . (jz) |
| Filing 61 NOTICE OF APPEAL TO 8TH CIRCUIT as to 60 Judgment by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. Filing fee $ 455, receipt number 0864-3465025. (Attachments: # 1 Appellant's Form A)(Robinovitch, Hart) |
| Filing 60 JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMP) |
Filing 59
MEMORANDUM OPINION AND ORDER. 1. Motion to Dismiss Plaintiffs' First Amended Complaint by Defendant ConAgra Foods, Inc. (Doc. No. 14 ) is GRANTED. 2. Plaintiffs' First Amended Class Action Complaint (Doc. No. 8 ) is DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 1/31/2013. (BJS)
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| Filing 58 TRANSCRIPT of Motions Hearing held on 11/30/2012 before Judge Donovan W. Frank. (90 pages). Court Reporter: Jeanne Anderson (E-mail: Jeanne_Anderson@mnd.uscourts.gov. Telephone: (651) 848-1221). Redaction Request due 2/14/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/24/2013. For information on redaction procedures, please review Local Rule 5.5. (jma) |
| Filing 57 NOTICE of Filing of Official Transcript. A total of 1 transcript is associated with this filing. (jma) |
| Filing 56 LETTER to Counsel from Judge Donovan W. Frank. (Attachments: # 1 Attachment Letter from Moshe Git.)(BJS) |
| Filing 55 LETTER TO DISTRICT JUDGE Donovan W. Frank. (BJS) |
| Filing 54 Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 11/30/2012 re 24 MOTION for Protective Order filed by Shirley Hardt, Adam Burnham, William Cobb, Lewis Simpson, Maria Eugenia Saenz Valiente, Erica Davis-Holder, Julian Wagner, Erin Stilwell, Melvin Wallace, Rotem Cohen, Rose Wagner. Matters under advisement; written order to issue. (Court Reporter Jeanne Anderson) (BJS) |
| Filing 53 BRIEF OF AMICUS CURIAE IN SUPPORT OF DEFENDANT. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Procaccini, Karl) |
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Filing 52
ORDER GRANTING LEAVE TO FILE AN AMICUS BRIEF. 1. The amici are GRANTED leave to file an amicus brief not to exceed 13 pages in support of Defendant ConAgra Foods, Inc. Signed by Judge Donovan W. Frank on 11/15/2012. (BJS)
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| Filing 51 AFFIDAVIT of Sybil L. Dunlop in SUPPORT OF 39 MOTION to Appear as Amicus Curiae filed by Agudas Horabonim, Agudath Israel of America, Rabbinical Alliance of America, Star-K Certification, Inc., The National Council of Young Israel, The National Jewish Commission on Law and Public Affairs, The OK Kosher Certification. (Greene, Clifford) |
| Filing 50 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Agudas Horabonim, Agudath Israel of America, Rabbinical Alliance of America, Star-K Certification, Inc., The National Council of Young Israel, The National Jewish Commission on Law and Public Affairs, The OK Kosher Certification re 49 Response in Support of Motion, filed by Agudas Horabonim, Agudath Israel of America, Rabbinical Alliance of America, Star-K Certification, Inc., The National Council of Young Israel, The National Jewish Commission on Law and Public Affairs, The OK Kosher Certification. (Greene, Clifford) |
| Filing 49 RESPONSE in Support re 39 MOTION to Appear as Amicus Curiae filed by Agudas Horabonim, Agudath Israel of America, Rabbinical Alliance of America, Star-K Certification, Inc., The National Council of Young Israel, The National Jewish Commission on Law and Public Affairs, The OK Kosher Certification. (Greene, Clifford) |
| Filing 48 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by ConAgra Foods, Inc. re 47 Reply filed by ConAgra Foods, Inc.. (Gordon, Corey) |
| Filing 47 REPLY re 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by ConAgra Foods, Inc.. (Gordon, Corey) |
| Filing 46 AFFIDAVIT of Hart L Robinovitch in OPPOSITION TO 39 MOTION to Appear as Amicus Curiae filed by All Plaintiffs. (Attachments: # 1 Exhibit(s) A through Q)(Robinovitch, Hart) |
| Filing 45 MEMORANDUM in Opposition re 39 MOTION to Appear as Amicus Curiae filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robinovitch, Hart) |
| Filing 44 LETTER TO DISTRICT JUDGE by ConAgra Foods, Inc. RE: Amicus brief. (Dukart, Jennifer) |
| Filing 43 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Nathan Lewin and Alyza D. Lewin as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (MMP) |
| Filing 42 Plaintiffs' Notice of Opposition to 39 Motion for Leave to File an Amicus Brief by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Robinovitch, Hart) Modified on 11/2/2012 (TSS). |
| Filing 41 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Movant re 39 MOTION to Appear as Amicus Curiae (Greene, Clifford) |
| Filing 40 MEMORANDUM in Support re 39 MOTION to Appear as Amicus Curiae filed by Movant. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Greene, Clifford) |
| Filing 39 MOTION to Appear as Amicus Curiae by Movant. (Greene, Clifford) |
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Filing 38
PROTECTIVE ORDER. Signed by Magistrate Judge Tony N. Leung on 10/12/12. (akl)
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| Filing 37 LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by ConAgra Foods, Inc. re 36 Response filed by ConAgra Foods, Inc.. (Babcock, Emily) |
| Filing 36 RESPONSE re 24 MOTION for Protective Order filed by ConAgra Foods, Inc. (Babcock, Emily) Modified text on 10/9/2012 (MMP). |
| Filing 35 AFFIDAVIT of Hart L. Robinovitch in OPPOSITION TO 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit(s) 1 - 6 to Robinovitch Affidavit, # 3 Exhibit(s) 7 - 12 to Robinovitch Affidavit, # 4 Exhibit(s) 13 - 20 to Robinovitch Affidavit, # 5 Exhibit(s) 21 - 26 to Robinovitch Affidavit)(Robinovitch, Hart) |
| Filing 34 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace re 24 MOTION for Protective Order (Regan, Anne) |
| Filing 33 CERTIFICATE OF SERVICE by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace re 32 Affidavit in Opposition to Motion (Regan, Anne) |
| Filing 32 AFFIDAVIT of Witness #1 in OPPOSITION TO 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction Placeholder for Conventionally Filed Document filed by All Plaintiffs. SEALED DOCUMENT RECEIVED IN CLERKS OFFICE ON 10/1/12. (Robinovitch, Hart) Modified on 10/3/2012 (akl). |
| Filing 31 AFFIDAVIT of Moshe B. Git in OPPOSITION TO 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Robinovitch, Hart) |
| Filing 30 AFFIDAVIT of Anne T. Regan in OPPOSITION TO 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Exhibit(s) 1 to Regan Affidavit)(Robinovitch, Hart) |
| Filing 29 MEMORANDUM in Opposition re 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Robinovitch, Hart) |
| Filing 28 MEET and CONFER STATEMENT re 24 Motion for Protective Order filed by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Regan, Anne) |
| Filing 27 Declaration of Christopher J. Kuhlman in Support of 24 MOTION for Protective Order filed by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Regan, Anne) |
| Filing 26 MEMORANDUM in Support re 24 MOTION for Protective Order filed by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Regan, Anne) |
| Filing 25 NOTICE OF HEARING ON MOTION 24 MOTION for Protective Order: Motion Hearing set for 10/18/2012 03:00 PM in Courtroom 3A (STP)before Magistrate Judge Tony N. Leung. (Regan, Anne) Modified location on 10/1/2012 (lmb). |
| Filing 24 MOTION for Protective Order by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Regan, Anne) |
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Filing 23
ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY TO DEFENDANT'S MOTION TO DISMISS. Plaintiffs shall have until October 1, 2012 to respond to Defendant's Motion to Dismiss and Defendant shall have until November 8, 2012 to Reply. Signed by Judge Donovan W. Frank on 8/16/2012. (BJS)
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| Filing 22 CERTIFICATE OF SERVICE ON PROPOSED ORDER by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner re 21 Stipulation, (Regan, Anne) |
| Filing 21 STIPULATION Extending Time to File Opposition and Reply to Defendant's Motion to Dismiss by Adam Burnham, William Cobb, Rotem Cohen, ConAgra Foods, Inc., Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace. (Regan, Anne) |
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Filing 20
ORDER re 14 MOTION to Dismiss/General. Signed by Magistrate Judge Tony N. Leung on 7/27/12. (akl)
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| Filing 19 CERTIFICATE OF SERVICE ON PROPOSED ORDER by ConAgra Foods, Inc. re 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction (Gordon, Corey) |
| Filing 18 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant ConAgra Foods, Inc. (Babcock, Emily) Modified on 7/26/2012 (RLR). |
| Filing 17 MEET and CONFER STATEMENT re 14 Motion to Dismiss/General, Motion to Dismiss/Lack of Jurisdiction filed by ConAgra Foods, Inc. (Gordon, Corey) Modified on 7/26/2012 (RLR). |
| Filing 16 MEMORANDUM in Support re 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction filed by ConAgra Foods, Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 LR7.1/LR72.2 Word Count Compliance Certificate)(Gordon, Corey) Modified on 7/26/2012 (RLR). |
| Filing 15 NOTICE OF HEARING ON MOTION 14 MOTION to Dismiss/General MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/30/2012 11:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Dukart, Jennifer) |
| Filing 14 MOTION to Dismiss/General , MOTION to Dismiss for Lack of Jurisdiction by ConAgra Foods, Inc. (Gordon, Corey) Modified on 7/26/2012 (RLR). |
| Filing 13 *TEXT ONLY ENTRY* NOTICE to Attorneys: The letter requests for increased word count (Doc. Nos. 11 & 12 ) have been reviewed and approved by Judge Donovan Frank.(BJS) |
| Filing 12 LETTER TO DISTRICT JUDGE by Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner, Melvin Wallace in Response to Defendant ConAgra's Letter Requesting Expansion of Word Limit for Motion to Dismiss Plaintiffs' Amended Complaint. (Robinovitch, Hart) |
| Filing 11 LETTER TO DISTRICT JUDGE by ConAgra Foods, Inc. Requesting Expansion of Word Limit for Motion to Dismiss Plaintiffs' Amended Complaint. (Gordon, Corey) |
| Filing 10 MOTION for Admission Pro Hac Vice for Caleb LH Marker. Filing fee $ 100, receipt number 0864-3236243 by Anne Regan. (Regan, Anne) Modified text on 7/12/2012 (MMP). |
| Filing 9 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Caleb LH Marker as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms. (MMP) |
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TEXT ONLY ENTRY - ORDER granting 10 Motion for Pro Hac Vice Attorney Caleb LH Marker for Adam Burnham, William Cobb, Rotem Cohen, Erica Davis-Holder, Shirley Hardt, Lewis Simpson, Erin Stilwell, Maria Eugenia Saenz Valiente, Julian Wagner, Rose Wagner and Melvin Wallace. Fee paid; receipt number 0864-3236243. Approved by Magistrate Judge Tony N. Leung on 7/11/2012. (MGV)
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Julian Wagner, Erin Stilwell, Rotem Cohen, Lewis Simpson, Erica Davis-Holder, Adam Burnham, Melvin Wallace, Maria Eugenia Saenz Valiente, William Cobb, Rose Wagner, Shirley Hardt. (Attachments: # 1 Exhibit(s) A - Product Photos, # 2 Exhibit(s) B - HN Website, # 3 Exhibit(s) C - NYT Article, # 4 Exhibit(s) D - ConAgra Website, # 5 Exhibit(s) E - Triangle K Website, # 6 Exhibit(s) F - ConAgra PR 001, # 7 Exhibit(s) G - ConAgra PR 002, # 8 Exhibit(s) H - CFS Website, # 9 Exhibit(s) I - ConAgra PR 003, # 10 Exhibit(s) J - ConAgra PR 004, # 11 Exhibit(s) K - CLRA Letter, # 12 Exhibit(s) L - MA Pre Lit Letter, # 13 Exhibit(s) M - Triangle K Statement, # 14 Exhibit(s) N - AER Statement, # 15 Exhibit(s) O - Ralbag Affidavit, # 16 Exhibit(s) P - Small Affidavit, # 17 Exhibit(s) Q - Fyzakov Affidavit, # 18 Exhibit(s) R - Ben David Affidavit) (Robinovitch, Hart) |
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Filing 5
ORDER GRANTING STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS' CLASS ACTION COMPLAINT. Defendant ConAgra Foods, Inc.'s shall have until July 13, 2012 to answer, move, or otherwise respond to Plaintiffs Class Action Complaint. Signed by Judge Donovan W. Frank on 6/11/2012. (BJS)
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| Filing 1 NOTICE OF REMOVAL by ConAgra Foods, Inc. from Dakota County District Court, case number Unknown. ( Filing fee $ 350 receipt number 3-009652) assigned to Judge Donovan W. Frank per Master List and referred to Magistrate Judge Franklin L. Noel, filed by ConAgra Foods, Inc. (Attachments: # 1 Exhibit 1: Complaint, Summons; Exhibits A - K, # 2 Declaration of Matt Russell, # 3 Notice of Filing of Notice of Removal to Federal Court, # 4 Civil Cover Sheet, # 5 Certificate of Service). (lmb) |
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