Stephens et al v. Target Corporation
| Jennifer Stephens, James Bruno and Krystal Lopez |
| Target Corporation |
| 0:2022cv01576 |
| June 15, 2022 |
| US District Court for the District of Minnesota |
| Douglas L Micko |
| Patrick J Schiltz |
| David T Schultz |
| Fraud |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 57
ORDER granting in part and denying in part #35 Motion to Dismiss. IT IS HEREBY ORDERED THAT defendant's motion to dismiss #35 is GRANTED IN PART and DENIED IN PART as follows: 1. Count III of the amended complaint #23 is DISMISSED WITHOUT PREJUDICE; 2. Plaintiff Stephens's claim in Count X of the amended complaint #23 is DISMISSED WITH PREJUDICE; and 3. The motion is DENIED in all other respects. (Written Opinion) Signed by Chief Judge Patrick J. Schiltz on 9/25/2023. (CLG)
|
|
Filing 56
NOTICE by James Bruno, Krystal Lopez, Jennifer Stephens Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit(s) 1)(Shelquist, Robert)
|
|
Filing 55
NOTICE by James Bruno, Krystal Lopez, Jennifer Stephens Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit(s) A)(Shelquist, Robert)
|
|
Filing 54
(Text-Only) ORDER/NOTICE: Due to the pending Motion to Dismiss (Doc.35), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Douglas L. Micko on 5/25/2023. (jme)
|
|
Filing 53
(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Douglas L. Micko, this case is reassigned to him. Magistrate Judge Tony N. Leung is no longer assigned to the case. NOTE: the new case number is 22-cv-1576 PJS/DLM. Please use this case number for all subsequent filings. Scheduling orders entered before this case was reassigned will remain in effect unless otherwise ordered by the Court. If a previously scheduled proceeding conflicts with an event already on Magistrate Judge Micko's schedule, the parties will be contacted, and a new date and time agreed upon. Magistrate Judge Micko's #practice pointers are available on the Court's website. Please contact Magistrate Judge Micko's chambers, at 651-848-1900, for scheduling or other matters. (kt)
|
|
Filing 52
TRANSCRIPT of Motions Hearing held on 1/9/2023 before Chief Judge Patrick J. Schiltz. (69 pages). Court Reporter: Paula Richter. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 1/30/2023. Redaction Request due 2/13/2023. Redacted Transcript Deadline set for 2/22/2023. Release of Transcript Restriction set for 4/24/2023. (PKR)
|
|
Filing 51
TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of #49 Motion Hearing, to Court Reporter Paula Richter. (Sugisaka, Keiko)
|
|
Filing 50
ORDER OF RECUSAL. Magistrate Judge David T. Schultz recused. Case reassigned to Magistrate Judge Tony N. Leung for all further proceedings. NOTE: the new case number is 22-cv-1576 (PJS/TNL). Please use this case number for all subsequent pleadings Signed by Magistrate Judge David T. Schultz on 1/10/2023.(MTB)
|
|
Filing 49
Minute Entry for proceedings held before Chief Judge Patrick J. Schiltz: Motion Hearing held on 1/9/2023 re #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Target Corporation. Motion taken under advisement, written order forthcoming. (Court Reporter Paula Richter) (CLG)
|
|
Filing 48
(Text-Only) ORDER granting #43 Motion for Admission Pro Hac Vice of Attorney Nick Suciu, III for James Bruno and Jennifer Stephens. Approved by Magistrate Judge David T. Schultz on 1/9/2023. (KMO)
|
|
Filing 47
NOTICE of Withdrawal as Attorney Gabriel Ramirez-Hernandez (Sugisaka, Keiko)
|
|
Filing 46
(Text-Only) AMENDED NOTICE of Hearing on Motion: #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) : Motion Hearing set for 1/9/2023 at 08:30 AM via Video Conference (no courtroom) before Chief Judge Patrick J. Schiltz. NOTE LOCATION CHANGE ONLY.Notice to Public: Please visit our website at #https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(CLG)
|
|
Filing 45
LETTER TO DISTRICT JUDGE by James Bruno, Krystal Lopez, Jennifer Stephens . (Shelquist, Robert)
|
|
Filing 44
LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Target Corporation re #42 Reply to Response to Motion, filed by Target Corporation.(Weissenberger, Emily)
|
|
Filing 43
MOTION for Admission Pro Hac Vice for Attorney Nick Suciu III. Filing fee $ 100, receipt number AMNDC-9980375 filed by James Bruno, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 42
Reply to Response to Motion re #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Target Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weissenberger, Emily)
|
|
Filing 41
MEMORANDUM in Opposition re #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Shelquist, Robert)
|
|
Filing 40
PROPOSED ORDER TO JUDGE re Granting Defendant's Motion to Dismiss #35 Motion to Dismiss/General. (Weissenberger, Emily)
|
|
Filing 39
MEET and CONFER STATEMENT re #35 Motion to Dismiss/General filed by Target Corporation.(Weissenberger, Emily)
|
|
Filing 38
AFFIDAVIT in Support re #37 Memorandum in Support of Motion, #36 Notice of Hearing on Motion, #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I)(Weissenberger, Emily)
|
|
Filing 37
MEMORANDUM in Support re #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Target Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Weissenberger, Emily)
|
|
Filing 36
NOTICE OF HEARING ON MOTION #35 MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) : Motion Hearing set for 1/9/2023 at 08:30 AM before Chief Judge Patrick J. Schiltz. (Weissenberger, Emily)
|
|
Filing 35
MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Target Corporation. (Weissenberger, Emily)
|
|
Filing 34
DOCUMENT FILED IN ERROR-WILL REFILE. MOTION to Dismiss/General Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Target Corporation. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss, #2 Declaration of Emily Weissenberger ISO Motion to Dismiss, #3 Exhibit(s) "A" Label, #4 Exhibit(s) "B" Efficacy and Tolerabiity, #5 Exhibit(s) "C" Medline Plus, #6 Exhibit(s) "D" Mayo Clinic, #7 Exhibit(s) "E" Safety Data Sheet, #8 Exhibit(s) "F" Federal Aviation Admin., #9 Exhibit(s) "G" Lopez Demand Letter, #10 Exhibit(s) "H" Bruno Demand Letter, #11 Exhibit(s) "I" Stephens Demand Letter, #12 Meet and Confer Statement, #13 LR7.1/LR72.2 Word Count Compliance Certificate LR7.1(F) Word Count Compliance Certificate, #14 Proposed Order)(Weissenberger, Emily) Modified text on 11/29/2022 (MKB).
|
|
Filing 33
ORDER TO ATTORNEY. Signed by Chief Judge Patrick J. Schiltz on 8/29/2022.(CLG)
|
|
Filing 32
(Text-Only) ORDER granting #31 Motion for Admission Pro Hac Vice of Attorney Mark S. Reich for James Bruno, Krystal Lopez and Jennifer Stephens; granting #28 Motion for Admission Pro Hac Vice of Attorney Brittany Scott for James Bruno, Krystal Lopez and Jennifer Stephens; granting #29 Motion for Admission Pro Hac Vice of Attorney Yeremey O. Krivoshey for James Bruno, Krystal Lopez and Jennifer Stephens; granting #30 Motion for Admission Pro Hac Vice of Attorney Courtney Maccarone for James Bruno, Krystal Lopez and Jennifer Stephens. Approved by Magistrate Judge David T. Schultz on 8/26/2022. (KMO)
|
|
Filing 31
MOTION for Admission Pro Hac Vice for Attorney Mark S. Reich. Filing fee $ 100, receipt number AMNDC-9720060 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 30
MOTION for Admission Pro Hac Vice for Attorney Courtney E. Maccarone. Filing fee $ 100, receipt number AMNDC-9720050 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 29
MOTION for Admission Pro Hac Vice for Attorney Yeremey O. Krivoshey. Filing fee $ 100, receipt number AMNDC-9718097 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 28
MOTION for Admission Pro Hac Vice for Attorney Brittany S. Scott. Filing fee $ 100, receipt number AMNDC-9718084 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 27
(Text-Only) ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Simon Carlo Franzini for James Bruno, Krystal Lopez and Jennifer Stephens; granting #26 Motion for Admission Pro Hac Vice of Attorney Jonas Bram Jacobson for James Bruno, Krystal Lopez and Jennifer Stephens. Approved by Magistrate Judge David T. Schultz on 8/24/2022. (KMO)
|
|
Filing 26
MOTION for Admission Pro Hac Vice for Attorney Jonas B. Jacobson. Filing fee $ 100, receipt number AMNDC-9716148 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 25
MOTION for Admission Pro Hac Vice for Attorney Simon C. Franzini. Filing fee $ 100, receipt number AMNDC-9716130 filed by James Bruno, Krystal Lopez, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 24
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Gary M. Klinger, Jonas B. Jacobson, Simon Franzini, Yeremey Krivoshey, and Brittany S. Scott 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 #www.mnd.uscourts.gov/forms/all-forms#. (MMP)
|
|
Filing 23
AMENDED COMPLAINT First Amended Class Action Complaint against Target Corporation. filed by Jennifer Stephens, James Bruno, Krystal Lopez. No summons requested. (Shelquist, Robert)
|
|
Filing 22
(Text-Only) ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Michael Kevin Underhill for Target Corporation. Approved by Magistrate Judge David T. Schultz on 8/16/2022. (KMO)
|
|
Filing 21
(Text-Only) ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Emily Marie Weissenberger for Target Corporation; granting #20 Motion for Admission Pro Hac Vice of Attorney Michael Fitzgerald Healy for Target Corporation. Approved by Magistrate Judge David T. Schultz on 8/15/2022. (KMO)
|
|
Filing 20
MOTION for Admission Pro Hac Vice for Attorney Michael F. Healy. Filing fee $ 100, receipt number AMNDC-9685735 filed by Target Corporation. (Sugisaka, Keiko)
|
|
Filing 19
MOTION for Admission Pro Hac Vice for Attorney Michael Kevin Underhill. Filing fee $ 100, receipt number AMNDC-9685730 filed by Target Corporation. (Sugisaka, Keiko)
|
|
Filing 18
MOTION for Admission Pro Hac Vice for Attorney Emily M. Weissenberger. Filing fee $ 100, receipt number AMNDC-9685720 filed by Target Corporation. (Sugisaka, Keiko)
|
|
Filing 17
ORDER on #14 Stipulation. Target Corporation answer due 8/22/2022. Signed by Magistrate Judge David T. Schultz on 8/3/2022. (TJB)
|
|
Filing 16
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Michael F. Healy, Kevin Underhill 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 #www.mnd.uscourts.gov/forms/all-forms#. (ABR)
|
|
Filing 15
PROPOSED ORDER TO JUDGE re #14 Stipulation. (Sugisaka, Keiko)
|
|
Filing 14
STIPULATION re #7 Stipulation, #10 Order on Stipulation to Further Extend Response to Complaint by Target Corporation. Jointly Signed by Jennifer Stephens and James Bruno. (Sugisaka, Keiko)
|
|
Filing 13
FILED IN ERROR. FILED IN WRONG CASE//Clerk's Notice to JPML regarding case potentially related to MDL #2885 re: #1 Complaint. (ACH) Modified text on 7/18/2022 (ACH).
|
|
Filing 12
FILED IN ERROR. FILED IN WRONG CASE//(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Richard M. Paul III, Ashlea G. Schwarz 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 #www.mnd.uscourts.gov/forms/all-forms#. (ACH) Modified text on 7/18/2022 (ACH).
|
|
NOTICE OF DOCKETING CORRECTION for 13 Clerk's Notice to JPML re Potentially Related Case, 12 Notice re: Non-Admitted Attorney: These entries were filed in the wrong case and do not pertain to this case. (ACH)
|
|
Filing 11
NOTICE of Appearance by Keiko L Sugisaka on behalf of Target Corporation. (Sugisaka, Keiko)
|
|
Filing 10
ORDER on #7 Stipulation. Target Corporation answer due 8/8/2022. Signed by Magistrate Judge David T. Schultz on 7/11/2022. (TJB)
|
|
Filing 9
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Emily M. Weissenberger 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 #www.mnd.uscourts.gov/forms/all-forms#. cc: Emily M. Weissenberger.(CLK) Modified text on 7/11/2022 (CLK).
|
|
Filing 8
PROPOSED ORDER TO JUDGE re #7 Stipulation. (Shelquist, Robert)
|
|
Filing 7
STIPULATION for Extension of Time to Respond to Complaint by James Bruno, Jennifer Stephens. Jointly Signed by Target Corporation. (Shelquist, Robert)
|
|
Filing 6
(Text-Only) ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Gary M. Klinger for James Bruno and Jennifer Stephens. Approved by Magistrate Judge David T. Schultz on 6/22/2022. (KMO)
|
|
Filing 5
MOTION for Admission Pro Hac Vice for Attorney Gary M. Klinger. Filing fee $ 100, receipt number AMNDC-9588491 filed by James Bruno, Jennifer Stephens. (Shelquist, Robert)
|
|
Filing 4
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Mark S. Reich, Courtney E. Maccarone, Nick Suciu III 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 #www.mnd.uscourts.gov/forms/all-forms#. (MTB)
|
|
Filing 3
Summons Issued as to Target Corporation. (MTB)
|
|
Filing 2
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil (3rd/4th Master) list, referred to Magistrate Judge David T. Schultz. Please use case number 22-cv-01576 PJS/DTS.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MTB)
|
|
Filing 1
COMPLAINT against Target Corporation (filing fee $ 402, receipt number AMNDC-9576585) filed by Jennifer Stephens, James Bruno. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Shelquist, Robert)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Minnesota District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
