In Re: Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation
| Rachel VerNooy, Joy Beckner, Vicki M. Tysseling-Mattiace, Nicolle DiSimone, Hans Kueck, Leonie Lloyd, Debra Haines, Maya Fiallos, Paul Bowen, April D Subashe, Rebecca Freyre, Helen Phillips, Patrick Hudspeth, Hillary White, Margot A. West, Ilsa Lee Kaye, Diane Benya, Channing Hesse, Tammy Gardner Coselli, Kristen Finnegan, Elida Gollomp, Levitte Cruz, Naomi Mardock, Mary Elbertai, Fernanado Freyre, Elisabeth Banse, Richard E. Ehly, Olive Knaus, Steve Shriver, Joseph Villari, Brenda Gallardo, Caryn Poirier, Eileen Ptak, Debra Schmidt, Odelia Weiss, Scott Ross, Kim King, Fayetta Cowan, Erin Diserens, Donita Lynn Robinson, Debbie Millikan, Lisa Hopkins, Lynn Michalson, Jeanmarie Zirger, Ilene Rachford, Laurelanne Davis, Kristine Mothershead, Elizabeth Cockrell, Theadora King, Liana Hoodes, Robert Edward Koch, Lisa Meacham, Sherry Brice Leigh, Joan Scheutz, Noelle Fincham, Amy Forsman, Oksana Jensen, Eve Hana, Claire M. Theodore, Mona Still, John Barrera, Jim Snell, Steven Joel Clark, Shawn Riley, Gabriela Waschewsky, Caryn Hudspeth, Sandie Regan and Cynthia Roche-Cotter |
| Wild Oats Market, Inc., Aurora Dairy Corporation, QAI, Inc., Publix Super Markets, Inc., Case Vander Eyk, Jr., Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Whole Foods Market Group, Inc. and Costco Wholesale Corporation |
| Alison Paul, Sandra Yuen, Burke Fort, Cery Perle, Nancy Brown, John Hightower and Jeffrey Weinstein |
| Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation |
| 4:2008md01907 |
| February 20, 2008 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| E Richard Webber |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2013. A more recent docket listing may be available from PACER.
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ORDER RECEIPT: (see receipt) Docket No: 391. Order sent to non-electronic parties this date. Fri Jul 12 09:11:29 CDT 2013 (Long, Carol)
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| Filing 393 MANDATE of USCA as to #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown USCA #:13-1745. In accordance with the judgment of 07/11/2013, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (CBL) |
| Filing 392 USCA JUDGMENT as to #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown. Appellants' motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The Court's mandate shall issue forthwith. (CBL) |
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Filing 391
Docket Text ORDER: The Court has been advised that a Motion to Dismiss Appeal has been filed with the Eighth Circuit. By agreement of all related parties and this Court, Motion for Appeal Bond #369 is DENIED, as moot and the July 12, 2013 Hearing on said Motion is VACATED. So Ordered by Judge E. Richard Webber on 07/11/2013. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 393. USCA Mandate sent to non-electronic parties this date. Thu Jul 11 13:42:26 CDT 2013 (Long, Carol)
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| Filing 390 Minute Entry for proceedings held before District Judge E. Richard Webber: Telephone Status Conference held on 7/8/2013 re: settlement payments. Counsel heard. The Court agrees that paragraph 23 of the Final Order and Judgment [#356] filed on February 26, 2013, does permit parties to proceed with settlement negotiations and agreements. (Court Reporter:G. Madden.) (FTR Gold: No.) (MCB) |
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ORDER RECEIPT: (see receipt) Docket No: 389. Sent to non-electronic party this date Wed Jun 26 08:16:34 CDT 2013 (Porter, Brittany)
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Filing 389
Docket Text ORDER: Telephone Hearing on pending Motion for Appeal Bond #369 will be held on July 12, 2013, at 11:00 a.m. The Court will initiate this conference call with participating counsel on the date and time set forth above. So Ordered by Judge E. Richard Webber on 06/25/2013 (BABS)
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Filing 388
ORDER of USCA as to #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown USCA Appeal #: 13-1745. Upon consideration of appellants' response to the court's June 3, 2013 order to show cause, the show cause order is set aside. Appellants are granted leave to file their brief out of time, and the clerk will file the brief tendered with the motion. (CBL)
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ORDER RECEIPT: (see receipt) Docket No: 387. sent to non-electronic parties this date Thu Jun 13 13:01:00 CDT 2013 (Berg, Melanie)
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Filing 387
Docket Text ORDER: Motion to Postpone Hearing #386 relating to pending Motion for Appeal Bond #369 is GRANTED. June 17, 2013 Hearing is VACATED until further Order of this Court. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 386 MOTION for Bond Plaintiffs' Motion and Memorandum in Support to Postpone Hearing on Plaintiffs' Motion for Appeal Bond by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Downing, Don) |
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Filing 385
ORDER of USCA as to #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown. USCA Appeal #: 13-1745. Appellants' brief was due on 05/24/2013, but has not been filed. It is hereby ordered that appellants show cause, within fourteen (14) days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (BRP)
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ORDER RECEIPT: (see receipt) Docket No: 384. Sent to non-electronic parties this date. Thu May 9 08:49:35 CDT 2013 (Porter, Brittany)
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Filing 384
Docket Text ORDER: In-Court Hearing on Motion for Appeal Bond #369 is reset to June 17, 2013, at 2:00 p.m. in Courtroom 10 South. Counsel for all affected parties shall be present at this Hearing. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 381. Sent to non-electronic party this date. Tue May 7 09:04:42 CDT 2013 (Porter, Brittany)
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ORDER RECEIPT: (see receipt) Docket No: 377. Sent to non-electronic parties this date. Tue May 7 09:00:48 CDT 2013 (Porter, Brittany)
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| Filing 383 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #382 Reply to Response to Motion, Declaration of Daniel J. Kurowski Regarding Reply Memorandum in Support of Plaintiffs Motion for Appeal Bond. (Attachments: #1 Exhibit Ex. 1 - Uponor Motion to Stay, #2 Exhibit Ex. 2 - Uponor Motion to Dismiss, #3 Exhibit Ex. 3 - Uponor Judgment)(Kurowski, Daniel) |
| Filing 382 REPLY to Response to Motion re #369 MOTION for Bond Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond Reply Memorandum in Support of Plaintiffs Motion for Appeal Bond filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Kurowski, Daniel) |
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Filing 381
Docket Text ORDER: Motion to Withdraw #380 is GRANTED. John E. Campbell and Erich V. Vieth shall be termed as counsel of record for Plaintiffs and shall be immediately removed from all further CM/ECF Notifications. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 380 MOTION to Withdraw as Attorney ;attorney/firm John E. Campbell and Erich V. Vieth by Plaintiffs Leonie Lloyd, Kristine Mothershead. Associated Cases: 4:08-md-01907-ERW, 4:07-cv-01701-ERW(Campbell, John) |
| Filing 379 ENTRY of Appearance by Stephanie H. To for Plaintiffs Leonie Lloyd, Kristine Mothershead. Associated Cases: 4:08-md-01907-ERW, 4:07-cv-01701-ERW(To, Stephanie) |
| Filing 378 TRANSCRIPT proceedings of Fairness Hearing (Plaintiffs' Motion for Final Approval of Class Settlement and Plaintiffs' Motion for Attorney Fees) held on February 26, 2013 before Honorable E. Richard Webber. Court Reporter/Transcriber Deborah A. Kriegshauser, Telephone number 314-244-7449. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/28/2013. Redacted Transcript Deadline set for 6/6/2013. Release of Transcript Restriction set for 8/5/2013. (CBL) |
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Filing 377
Docket Text ORDER: In-Court Hearing on Motion for Appeal Bond #369 will be held on May 15, 2013, at 3:00 p.m. in Courtroom 10 South. Counsel for all affected parties shall be present at this Hearing. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 376 MANDATE of USCA as to #361 Notice of Appeal filed by Burke Fort, Jeffrey Weinstein. USCA #:13-1726. In accordance with the judgment of 04/26/2013, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (BRP) |
| Filing 375 USCA JUDGMENT as to #361 Notice of Appeal filed by Burke Fort, Jeffrey Weinstein. Appellants' notice and motion to dismiss this appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b). The Court's mandate shall issue forthwith. (BRP) NEF regenerated 4/30/2013 to reflect correction to documents linked. (CBL). |
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ORDER RECEIPT: (see receipt) Docket No: 376. Sent to non-electronic parties this date. Fri Apr 26 16:53:15 CDT 2013 (Porter, Brittany)
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| Filing 374 RESPONSE in Opposition re #369 MOTION for Bond Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond filed by Objectors Nancy Brown, John Hightower, Alison Paul, Cery Perle. (Attachments: #1 Declaration of Darrell Palmer ISO Response in Opposition to bond motion, #2 Exhibit A to Declaration of Darrell Palmer, #3 Exhibit B to Declaration of Darrell Palmer, #4 Exhibit C to Declaration of Darrell Palmer)(Palmer, Joseph) |
| Filing 373 NOTICE by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #369 MOTION for Bond Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond Notice of Withdrawal of Plaintiffs' Motion for Appeal Bond With Respect to Objectors Jeffrey Weinstein and Burke Fort Only (Kurowski, Daniel) |
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ORDER RECEIPT: (see receipt) Docket No: 372. Order sent to non-electronic parties this date. Wed Apr 24 07:46:25 CDT 2013 (Long, Carol)
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Filing 372
Docket Text ORDER: Motion to Withdraw #371 is GRANTED. Martha Fessenden shall be termed as counsel of record for Plaintiffs and shall immediately be removed from any further CM/ECF Notifications in this matter. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 371 MOTION to Withdraw as Attorney Martha Fessenden by Plaintiffs Fernanado Freyre, Rebecca Freyre. (Attachments: #1 Cover Letter)(BRP) |
| Filing 370 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #369 MOTION for Bond Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond Declaration of Daniel J. Kurowski Regarding Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond. (Attachments: #1 Exhibit Ex. 1 to Kurowksi Declaration, #2 Exhibit Ex. 2 to Kurowksi Declaration, #3 Exhibit Ex. 3 to Kurowksi Declaration, #4 Exhibit Ex. 4 to Kurowksi Declaration, #5 Exhibit Ex. 5 to Kurowksi Declaration)(Kurowski, Daniel) |
| Filing 369 MOTION for Bond Motion and Memorandum of Law in Support of Plaintiffs' Motion for Appeal Bond by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Text of Proposed Order)(Kurowski, Daniel) |
| Filing 368 Initial Notification and or Briefing Schedule from USCA for #361 Notice of Appeal filed by Burke Fort, Jeffrey Weinstein, #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown USCA Appeal Number: 13-1726 & 13-1745 Method of Appendix due: 4/18/2013 Notice of Appeal forwarded to panel: No Transcript due: 05/14/2013 Briefs due: 05/24/2013 (BRP) |
| Filing 367 Initial Notification and or Briefing Schedule from USCA for #363 Notice of Appeal filed by Cery Perle, Alison Paul, John Hightower, Nancy Brown USCA Appeal Number: 13-1745 Notice of Appeal forwarded to panel: No(BRP) |
| Filing 366 Initial Notification and or Briefing Schedule from USCA for #361 Notice of Appeal filed by Objectors Jeffrey Weinstein, Burke Fort. USCA Appeal Number: 13-1726. Notice of Appeal forwarded to panel: No(BRP) Modified on 4/30/2013 to correct document linked (CBL). |
| ***REMARK. Transcript Order Request #365 forwarded to Court Reporter D. Kriegshauser this date. (CBL) |
| Filing 365 TRANSCRIPT ORDER REQUEST by Burke Fort, Jeffrey Weinstein for proceedings of Fairness Hearing for proceedings held on February 26, 2013. (Weinstein, Jeffrey) |
| Filing 364 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #355 Order, #356 Judgment - (Case),. Notice of Appeal filed on 3/28/13 by Objectors Nancy Brown, John Hightower, Alison Paul, Cery Perle. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(BAK) |
| Filing 363 NOTICE OF APPEAL as to #355 Order, #356 Judgment - (Case), by Objectors Nancy Brown, John Hightower, Alison Paul, Cery Perle. Filing fee $ 455, receipt number 0865-3745107. |
| Filing 362 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #355 Order, #356 Judgment - (Case),. Notice of Appeal filed on 3/26/13 by Objectors Burke Fort, Jeffrey Weinstein. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE(BAK) |
| Filing 361 NOTICE OF APPEAL as to #355 Order, #356 Judgment - (Case), by Objectors Jeffrey Weinstein, Burke Fort. Filing fee $ 455, receipt number 0865-3739652. |
| Filing 360 NOTICE by Plaintiff Margot A. West NOTICE OF CHANGE IN FIRM AFFILIATION & OF WITHDRAWAL (Rezvani, Tracy) |
| Filing 359 SEALED DOCUMENT re #338 Affidavit,, #358 Notice (Other) Exhibit 2 to Notice of Amended Opt-Out List - Unredacted Opt-Out List by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Kurowski, Daniel) |
| Filing 358 NOTICE by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #338 Affidavit,, Notice of Amended Opt-Out List (Attachments: #1 Exhibit 1 - Amended Opt-Out List [Redacted])(Kurowski, Daniel) |
| Filing 357 TRANSCRIPT ORDER REQUEST by Aurora Dairy Corporation for proceedings of Fairness Hearing for proceedings held on February 26, 2013 court reporter D. Kriegshauser before Judge E. Richard Webber.. (Mester, Mark) |
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Filing 356
FINAL ORDER AND JUDGMENT: This matter, having come before the Court on Plaintiffs' Motion for Final Approval #328 , the Court after conducting a fairness hearing, considering all arguments in support of and/or in opposition to the Settlement Agreement, finds and/or orders the following: See Final Order and Judgment and Stipulated Injucntion for further details. Signed by District Judge E. Richard Webber on February 26, 2013. (Attachments: #1 Stipulated Injunction)(MCB)
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Filing 355
ORDER re #333 MOTION for Attorney Fees PLAINTIFFS' MOTION AND MEMORANDUM IN SUPPORT FOR ATTORNEYS' FEES AND EXPENSES, AND FOR SERVICE AWARDS TO CLASS REPRESENTATIVES filed by Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. Motion is GRANTED. (See Order for further details.) Signed by District Judge E. Richard Webber on February 26, 2013. (MCB)
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| Filing 354 ENTRY of Appearance by Mila F. Bartos for Plaintiffs Richard E. Ehly, Margot A. West. (Bartos, Mila) |
| Filing 353 Minute Entry for proceedings held before District Judge E. Richard Webber:Fairness Hearing. Counsel heard. Court made rulings on the record. Order to follow. (Court Reporter:D. Kriegshauser.) (FTR Gold: No.) (MCB) |
| Filing 352 RESPONSE to Motion re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT - Aurora's Response to Letter from The Cornucopia Institute filed by Defendant Aurora Dairy Corporation. (Mester, Mark) |
| Filing 351 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #343 Notice (Other) Declaration of Tricia M. Solorzano on Behalf of Settlement Administrator Regarding William Kopper Letter. (Kurowski, Daniel) |
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Filing 350
Docket Text ORDER: Motion to Amend/Seal #349 is GRANTED. Exhibit #1 to Affidavit #338 shall be sealed by this Court. Redacted Version shall be submitted by Clerk of Court as Attachment #2 to said Affidavit. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 349 MOTION to Amend/Correct #338 Affidavit, , MOTION to Seal Document #338 Affidavit, Motion to Amend by Redaction and/or Seal Document [Dkt # 338-1] by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A)(Kurowski, Daniel) |
| Filing 348 RESPONSE to Motion re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT - Defendants' Response to Objections to Final Approval of Settlement Agreement filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 347 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #346 Memorandum in Support of Motion, Declaration of Daniel J. Kurowski in Support of Plaintiffs' Response to Objections. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kurowski, Daniel) |
| Filing 346 MEMORANDUM in Support of Motion re #333 MOTION for Attorney Fees PLAINTIFFS' MOTION AND MEMORANDUM IN SUPPORT FOR ATTORNEYS' FEES AND EXPENSES, AND FOR SERVICE AWARDS TO CLASS REPRESENTATIVES, #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT Plaintiffs' Response to Objections filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Fegan, Elizabeth) |
| Filing 345 Request to be Included as a Class Member re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT. (BRP) |
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Filing 344
Docket Text ORDER: Motion for Leave to File in Excess of Page Limitation #339 is GRANTED. Response to Objections consisting of up to 36 pages in length, exclusive of signature and certificate of service pages, will be accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BABS) Modified on 2/19/2013 (MCB).
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| Filing 342 Objection re #328 MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT (BRP) |
| Filing 341 Opt Out re #328 MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT (BRP) |
| Filing 339 MOTION for Leave to File in Excess of Page Limitation Plaintiffs' Unopposed Motion and Memorandum for Leave to File Excess Page Response in Opposition to Objections by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Kurowski, Daniel) Modified on 2/19/2013 (MCB). |
| Filing 338 AFFIDAVIT of Tricia M. Solorzano on Behalf of Settlement Administrator Regarding Requests for Exclusion by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Requests for Exclusion)(Kurowski, Daniel) [Per the Court's instructions, Exhibit A has been SEALED with access restricted to Court Users Only. Modified on 2/20/2013 (MRC).] (Additional attachment(s) added on 2/21/2013: #2 Attachment 2 - Redacted Exhibit A) (CBL). |
| Filing 340 Opt Out re #328 MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT (BRP) |
| Filing 337 MEMORANDUM in Opposition re #333 MOTION for Attorney Fees PLAINTIFFS' MOTION AND MEMORANDUM IN SUPPORT FOR ATTORNEYS' FEES AND EXPENSES, AND FOR SERVICE AWARDS TO CLASS REPRESENTATIVES, #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT filed by Objectors Nancy Brown, John Hightower, Alison Paul, Cery Perle. (Palmer, Joseph) |
| Filing 336 ENTRY of Appearance by Joseph Darrell Palmer for Objectors Alison Paul, John Hightower, Cery Perle. (Palmer, Joseph) |
| Filing 335 ENTRY of Appearance by Joseph Darrell Palmer for Objectors Sandra Yuen, Nancy Brown. (DLB) |
| Filing 334 MEMORANDUM in Opposition re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT filed by Objector Jeffrey Weinstein. (Weinstein, Jeffrey) |
| Filing 343 OBJECTION re #328 MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT (BRP) |
| Filing 333 MOTION for Attorney Fees PLAINTIFFS' MOTION AND MEMORANDUM IN SUPPORT FOR ATTORNEYS' FEES AND EXPENSES, AND FOR SERVICE AWARDS TO CLASS REPRESENTATIVES by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit 1 - Declaration of Gretchen Garrison Regarding Expenses Paid By Plaintiffs From the Litigation Fund, #2 Exhibit 2 - Declaration of Elizabeth A. Fegan, #3 Exhibit 3 - Declaration of Don M. Downing, #4 Exhibit 4 - Declaration of Hank Bates, #5 Exhibit 5 - Declaration of Garrett D. Blanchfield, Jr., #6 Exhibit 6 - Declaration of Robert M. Bramson, #7 Exhibit 7 - Declaration of David M. Buckner, #8 Exhibit 8 - Declaration of Kenneth S. Canfield, #9 Exhibit 9 - Declaration of Maury A. Herman, #10 Exhibit 10 - Declaration of Edith M. Kallas, #11 Exhibit 11 - Declaration of Laurence D. King, #12 Exhibit 12 - Declaration of Gideon Kracov, #13 Exhibit 13 - Declaration of Adam J. Levitt, #14 Exhibit 14 - Declaration of Joseph A. Gerling, #15 Exhibit 15 - Declaration of Scott E. Poynter, #16 Exhibit 16 - Declaration of Tracy D. Rezvani, #17 Exhibit 17 - Declaration of Christopher M. McGrath, #18 Exhibit 18 - Declaration of Christopher P. Ridout, #19 Exhibit 19 - Declaration of Edward D. Robinson, Jr., #20 Exhibit 20 - Declaration of David A. Rosen, #21 Exhibit 21 - Declaration of Richard E. Shevitz, #22 Exhibit 22 - Declaration of J. Gerard Stranch, IV, #23 Exhibit 23 - Declaration of James A.Streett, #24 Exhibit 24 - Declaration of Erich Vieth, #25 Exhibit 25 - Declaration of Thomas A. Tucker Ronzetti, #26 Exhibit 26 - Declaration of Joseph N. Williams, #27 Exhibit 27 - Declaration of Kendall S. Zylstra, #28 Text of Proposed Order [Proposed] Order Granting Plaintiffs' Motion for Attorneys' Fees and Expenses, and Service Awards to Class Representatives)(Fegan, Elizabeth) |
| Filing 332 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT DECLARATION OF DAN ROSS [OF COSTCO WHOLESALE CORP. RE NOTICE]. (Attachments: #1 Exhibit A - E-mail Notice, #2 Exhibit B - Postcard Notice)(Kurowski, Daniel) |
| Filing 331 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT DECLARATION OF TRICIA M. SOLORZANO ON BEHALF OF SETTLEMENT ADMINISTRATOR REGARDING NOTICE AND ADMINISTRATION. (Attachments: #1 Exhibit A - Published Notice, #2 Exhibit B - Proof of Publication, #3 Exhibit C - Official Notice, #4 Exhibit D - Claim Form)(Kurowski, Daniel) |
| Filing 330 DECLARATION filed by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT DECLARATION OF DANIEL J. KUROWSKI IN SUPPORT OF MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Independent Monitor Agreement, #3 Exhibit 3 - Katie Lindquist IOIA Member Report, #4 Exhibit 4 - Memorandum from Dr. Uravashi Rangan)(Kurowski, Daniel) |
| Filing 329 DECLARATION filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc. re #328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT - Declaration of Andrew J. Mellen. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit C - Part 1, #5 Exhibit C - Part 2, #6 Exhibit C - Part 3, #7 Exhibit C - Part 4)(Hardwicke, Timothy) |
| Filing 328 MOTION for Settlement MOTION AND MEMORANDUM IN SUPPORT FOR FINAL APPROVAL OF CLASS SETTLEMENT by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Text of Proposed Order [Proposed] Final Judgment and Order, #2 Text of Proposed Order Stipulated Injunction)(Fegan, Elizabeth) |
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Filing 327
Docket Text ORDER: Motion for Leave to File in Excess of Page Limitation #326 is GRANTED. Memorandums of Law in support of Motion for Final Approval and Motion for Attorneys' Fees, Expenses and Service Awards in excess of page limitation as set forth in said Motion will be accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 326. Order sent to non-electronic parties this date. Fri Jan 11 08:36:29 CST 2013 (Long, Carol)
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| Filing 326 MOTION for Leave to File in Excess of Page Limitation , MOTION for Leave to UNOPPOSED MOTION AND MEMORANDUM FOR LEAVE TO FILE EXCESS PAGE FINAL APPROVAL, FEE, EXPENSE AND SERVICE AWARD BRIEFS File Excess Page Final Approval, Fee, Expense and Service Award Briefs by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Text of Proposed Order)(Kurowski, Daniel) |
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ORDER RECEIPT: (see receipt) Docket No: 325. Order sent to non-electronic parties this date. Tue Oct 23 07:56:28 CDT 2012 (Long, Carol)
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Filing 325
Docket Text ORDER: Pursuant to the Notice of Withdrawal #324 , Attorney Stephen H. Gardner shall be termed as counsel of record for Plaintiff Brenda Gallardo. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 324 NOTICE Withdrawal as counsel: by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation Associated Cases: 4:08-md-01907-ERW et al.(Gardner, Stephen) |
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ORDER RECEIPT: (see receipt) Docket No: 323. sent to non-electronic parties this date Wed Sep 19 10:04:11 CDT 2012 (Berg, Melanie)
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Filing 323
Docket Text ORDER: Motion to Reschedule Fairness Hearing #322 is GRANTED. By agreement of all parties and this Court, Fairness Hearing will be held on February 26, 2013, at 9:00 a.m. in Courtroom 10 South. The February 28th Hearing previously set is vacated. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 322 MOTION to Amend/Correct #321 Order,,,, Unopposed Motion to Reschedule Fairness Hearing by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Attachment Proposed Order)(Downing, Don) |
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ORDER RECEIPT: (see receipt) Docket No: 320. Order sent to non-electronic parties this date. Mon Sep 17 08:29:14 CDT 2012 (Long, Carol)
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Filing 321
PRELIMINARY APPROVAL ORDER re #315 MOTION for Settlement re: Preliminary Approval of Class Settlement, for Certification of a Settlement Class, and for Permission to Disseminate Class Notice filed by April D Subashe, Brenda Gallardo, Steven Joel Clark, Elida Gollomp, Paul Bowen, Lisa Meacham, Odelia Weiss, Debbie Millikan, Tammy Gardner Coselli, Jim Snell, Donita Lynn Robinson, Caryn Hudspeth, Levitte Cruz, Vicki M. Tysseling-Mattiace, Claire M. Theodore, Diane Benya, Rachel VerNooy, Hans Kueck, Leonie Lloyd, Scott Ross. THE COURT PRELIMINARILY APPROVES THE SETTLEMENT AGREEMENT SUBJECT TO THE FAIRNESS HEARING FOR PURPOSES OF DECIDING WHETHER TO GRANT FINAL APPROVAL TO THE SETTLEMENT - **SEE ORDER FOR FURTHER DETAILS** THE COURT ORDERS THAT A FAIRNESS HEARING SHALL BE HELD ON FEBRUARY 28, 2013 AT 9:00 A.M. BEFORE THE UNDERSIGNED TO CONSIDER THE FAIRNESS, REASONABLENESS, AND ADEQUACY OF THE PROPOSED SETTLEMENT AND WHETHER IT SHOULD BE FINALLY APPROVED BY THE COURT PURSUANT TO THE FINAL APPROVAL ORDER AND JUDGMENT. Signed by District Judge E. Richard Webber on September 14, 2012. (MCB)
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Filing 320
Docket Text ORDER: Motion for Preliminary Approval of Class Settlement, for Certification of a Settlement Class, and for Permission to Disseminate Class Notice #315 is GRANTED. Preliminary Approval Order signed by this Court shall issue forthwith. See Order for details. The Court orders a Fairness Hearing to be held on February 28, 2013, at 9:00 a.m. in Courtroom 10 South of the U.S. District Court, Eastern District of Missouri, St. Louis. All other pending motions in this matter are termed, as moot. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 319 SUPPLEMENTAL re #316 Memorandum in Support of Motion,, for Preliminary Approval of Class Settlement, For Certification of a Settlement Class, and for Permission to Disseminate Class Notice by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: (Signature Pages) #1 Exhibit A, #2 Exhibit B)(Hardwicke, Timothy) Modified on 9/17/2012 to keep entries of signature pages consistent (CBL). |
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ORDER RECEIPT: (see receipt) Docket No: 320, 321. sent to non-electronic parties this date Fri Sep 14 14:44:00 CDT 2012 (Berg, Melanie)
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| Filing 318 SUPPLEMENTAL re #316 Memorandum in Support of Motion,, for Preliminary Approval of Class Settlement, For Certification of a Settlement Class, and for Permission to Disseminate Class Notice by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A: Signature Page)(Downing, Don) |
| Filing 317 SEALED DOCUMENT by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Downing, Don) |
| Filing 316 MEMORANDUM in Support of Motion re #315 MOTION for Settlement re: Preliminary Approval of Class Settlement, for Certification of a Settlement Class, and for Permission to Disseminate Class Notice filed by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A: Settlement Agreement, #2 Exhibit B: Burke Declaration)(Downing, Don) |
| Filing 315 MOTION for Settlement re: Preliminary Approval of Class Settlement, for Certification of a Settlement Class, and for Permission to Disseminate Class Notice by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Downing, Don) |
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ORDER RECEIPT: (see receipt) Docket No: 314. copy mailed to counsel not electronically notified Wed Aug 8 11:29:25 CDT 2012 (Spurgeon, Katherine)
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Filing 314
Docket Text ORDER: Motion for Additional Time #313 to finalize settlement is GRANTED. Pending Motions will be held in abeyance at the request of the parties up to and including September 7, 2012, at which time the parties shall file a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 313 STATUS REPORT - Joint Status Report and Motion and Supporting Memorandum for Extension of Time by Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Hardwicke, Timothy) Modified on 8/6/2012 (MCB). |
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ORDER RECEIPT: (see receipt) Docket No: 312. Order sent to non-electronic parties this date. Tue Jun 19 07:48:30 CDT 2012 (Long, Carol)
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Filing 312
Docket Text ORDER: Request for Additional Time to continue settlement discussions #311 is GRANTED. Pending Motions will be held in abeyance at the request of the parties up to and including August 3, 2012, at which time counsel shall file an additional Joint Status Report. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 311 STATUS REPORT - Joint Status Report and Motion and Supporting Memorandum for Extension of Time by Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Wal-Mart Stores, Inc., Wild Oats Market, Inc. and Target Corp. (Hardwicke, Timothy) Modified on 6/18/2012 (per telephone call, added Target as a filer as well). (MCB) |
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ORDER RECEIPT: (see receipt) Docket No: 310. Order sent to non-electronic parties this date. Wed May 16 12:40:43 CDT 2012 (Long, Carol)
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Filing 310
Docket Text ORDER: The Court has reviewed the Joint Status Report #309 submitted by the parties. Pending Motions will continue to be held in abeyance at the request of the parties up to and including June 15, 2012, at which time counsel shall file an additional Joint Status Report relating to ongoing negotiations. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 309 STATUS REPORT JOINT/and Motion for Extension by Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, Aurora Dairy Corporation, Elisabeth Banse, John Barrera, Joy Beckner, Diane Benya, Paul Bowen, Steven Joel Clark, Elizabeth Cockrell, Tammy Gardner Coselli, Costco Wholesale Corporation, Fayetta Cowan, Levitte Cruz, Laurelanne Davis, Nicolle DiSimone, Erin Diserens, Richard E. Ehly, Mary Elbertai, Maya Fiallos, Noelle Fincham, Kristen Finnegan, Amy Forsman, Fernanado Freyre, Rebecca Freyre, Brenda Gallardo, Elida Gollomp, Debra Haines, Eve Hana, Channing Hesse, Liana Hoodes, Lisa Hopkins, Caryn Hudspeth, Patrick Hudspeth, Oksana Jensen, Ilsa Lee Kaye, Kim King, Theadora King, Olive Knaus, Robert Edward Koch, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Naomi Mardock, Lisa Meacham, Lynn Michalson, Debbie Millikan, Kristine Mothershead, Helen Phillips, Caryn Poirier, Eileen Ptak, Publix Super Markets, Inc., QAI, Inc., Ilene Rachford, Sandie Regan, Shawn Riley, Donita Lynn Robinson, Cynthia Roche-Cotter, Scott Ross, Safeway, Inc., Joan Scheutz, Debra Schmidt, Steve Shriver, Jim Snell, Mona Still, April D Subashe, Target Corp., Claire M. Theodore, Vicki M. Tysseling-Mattiace, Case Vander Eyk, Jr., Rachel VerNooy, Joseph Villari, Wal-Mart Stores, Inc., Gabriela Waschewsky, Odelia Weiss, Margot A. West, Hillary White, Whole Foods Market Group, Inc., Wild Oats Market, Inc., Jeanmarie Zirger. (Downing, Don) |
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ORDER RECEIPT: (see receipt) Docket No: 308. Order sent to non-electronic parties this date. Tue Apr 3 09:34:11 CDT 2012 (Long, Carol)
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Filing 308
Docket Text ORDER: The Court has reviewed the Joint Status Report #307 submitted by the parties. Pending Motions will continue to be held in abeyance at the request of the parties up to and including May 15, 2012, at which time counsel shall file an additional Joint Status Report relating to ongoing negotiations. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 307 STATUS REPORT - Joint Status Report by Aurora Dairy Corporation, Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Costco Wholesale Corporation, Levitte Cruz, Laurelanne Davis, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Safeway, Inc., April D Subashe, Target Corp., Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Wal-Mart Stores, Inc., Odelia Weiss, Wild Oats Market, Inc.. (Hardwicke, Timothy) |
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ORDER RECEIPT: (see receipt) Docket No: 305, 306. Sent to non-electronic parties this date. Mon Jan 30 08:22:58 CST 2012 (Porter, Brittany)
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Filing 306
Docket Text ORDER: Upon oral request of counsel, the February 8, 2012 Hearing is VACATED. The Court's rulings on pending Motions to Strike #260 , #261 , #262 , #263 , #264 , #265 ; Motion to Extend Discovery Deadlines #290 ; and Motion to Compel #293 are held in abeyance. Counsel shall file a Status Report with this Court no later than March 30, 2012. So Ordered by Judge E. Richard Webber. (BABS)
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Filing 305
Docket Text ORDER: Pending Motions to Strike #260 , #261 , #262 , #263 , #264 , #265 ; Motion to Extend Discovery Deadlines #290 ; and Motion to Compel #293 will be addressed before this Court on February 8, 2012, at 9:00 a.m. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 304 MEMORANDUM in Opposition re #293 MOTION to Compel Plaintiffs Motion to Compel Production of Native Format Electronically Stored Information and Memorandum in Support - Defendants' Memorandum in Opposition to Plaintiffs' Motion to Compel the Production of Electronically Stored Information in Native Format filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Appendix List, #9 Appendix Exhibit 1, #10 Appendix Exhibit 2, #11 Appendix Exhibit 3, #12 Appendix Exhibit 4, #13 Appendix Exhibit 5, #14 Appendix Exhibit 6, #15 Appendix Exhibit 7, #16 Appendix Exhibit 8, #17 Appendix Exhibit 9, #18 Appendix Exhibit 10, #19 Appendix Exhibit 11, #20 Appendix Exhibit 12, #21 Appendix Exhibit 13, #22 Appendix Exhibit 14, #23 Appendix Exhibit 15, #24 Appendix Exhibit 16)(Hardwicke, Timothy) |
| Filing 303 REPLY to Response to Motion re #290 First MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Plaintiffs' Motion for an Extension of Discovery and Class Certification Deadlines and Memorandum in Support Plaintiffs' Reply in Support of Their Motion for an Extension of Discovery and Class Certification Deadlines filed by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Declaration of Daniel J. Kurowski in Support of Motion, #2 Exhibit A to Kurowski Declaration)(Kurowski, Daniel) |
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ORDER RECEIPT: (see receipt) Docket No: 302. sent to non-electronic parties this date Thu Jan 19 10:09:55 CST 2012 (Berg, Melanie)
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Filing 302
Docket Text ORDER: Motion to Withdraw #301 is GRANTED. Johnathan C. Miesen shall be termed as counsel of record for Defendants Target Corp. in this matter. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 301 MOTION to Withdraw as Attorney for Target Corp. ;attorney/firm Jonathan C. Miesen by Defendants Target Corp., Target Corp.. Associated Cases: 4:08-md-01907-ERW, 4:08-cv-00374-ERW(Bartsch, Eric) |
| Filing 300 SURREPLY to Motion re #265 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wal-Mart Stores, Inc.'s Affirmative Defenses, #262 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Costco Wholesale Corporation's Affirmative Defenses, #260 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Markets, Inc.'s Affirmative Defenses, #261 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Aurora Dairy Corporation's Affirmative Defenses, #263 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Safeway, Inc.'s Affirmative Defenses, #264 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Target Corporation's Affirmative Defenses - Defendants' Sur-Reply in Opposition to Plaintiffs' Motions to Strike Defendants' Affirmative Defenses filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Appendix List, #2 Appendix Exhibit 1, #3 Appendix Exhibit 2, #4 Appendix Exhibit 3)(Hardwicke, Timothy) |
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Filing 299
Docket Text ORDER: Motion for Leave to File Sur-Reply #298 is GRANTED. Defendants' Sur-Reply relating to pending Motions to Strike #260 , #261 , #262 , #263 , #264 and #265 is accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 299. sent to non-electronic parties this date Wed Jan 18 08:37:50 CST 2012 (Berg, Melanie)
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| Filing 298 MOTION for Leave to - Defendants' Motion for Leave to File a Sur-Reply in Opposition to Motions of Plaintiffs to Strike Defendants' Affirmative Defenses File a Sur-Reply in Opposition to Motions of Plaintiffs to Strike Defendants' Affirmative Defenses by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Exhibit A)(Hardwicke, Timothy) |
| Filing 297 RESPONSE to Motion re #290 First MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Plaintiffs' Motion for an Extension of Discovery and Class Certification Deadlines and Memorandum in Support - Defendants' Response To Plaintiffs' Motion For An Extension Of Discovery And Class Certification Deadlines filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway Inc., Target Corporation, Wal-Mart Stores, Inc. and Wild Oats Market, Inc. (Attachments: #1 Declaration of Kathleen P. Lally, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Mester, Mark) Modified on 1/18/2012 (MCB). |
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ORDER RECEIPT: (see receipt) Docket No: 295. sent to non-electronic parties this date Tue Jan 17 09:02:24 CST 2012 (Berg, Melanie)
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| Filing 296 REPLY to Response to Motion re #265 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wal-Mart Stores, Inc.'s Affirmative Defenses, #262 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Costco Wholesale Corporation's Affirmative Defenses, #260 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Markets, Inc.'s Affirmative Defenses, #261 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Aurora Dairy Corporation's Affirmative Defenses, #263 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Safeway, Inc.'s Affirmative Defenses, #264 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Target Corporation's Affirmative Defenses Consolidated Reply in Support of Plaintiffs' Motion to Strike Defendants' Affirmative Defenses filed by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Fegan, Elizabeth) |
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Filing 295
Docket Text ORDER: Motion for Extension of Time #294 is GRANTED. Defendants' Response to pending Motion to Compel #293 shall be filed no later than January 24, 2012. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 294 MOTION for Extension of Time to File Response/Reply as to #293 MOTION to Compel Plaintiffs Motion to Compel Production of Native Format Electronically Stored Information and Memorandum in Support - Unopposed Motion For An Extension of Time To Respond To Plaintiffs' Motion To Compel by Defendants Aurora Dairy Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation. (Mester, Mark) Modified on 1/13/2012 to add Costco as filer (CBL). |
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ORDER RECEIPT: (see receipt) Docket No: 292. Mailed to parties not electronically notified Mon Jan 9 08:15:27 CST 2012 (Shirley, Kelley)
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| Filing 293 MOTION to Compel Plaintiffs Motion to Compel Production of Native Format Electronically Stored Information and Memorandum in Support by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy. (Attachments: #1 Declaration of Daniel J. Kurowski in Support of Plaintiffs Motion to Compel Production of Native Format Electronically Stored Information, #2 Exhibit Ex. 1 to Kurowski Decl., #3 Exhibit Ex. 2 to Kurowski Decl., #4 Exhibit Ex. 3 to Kurowski Decl., #5 Exhibit Ex. 4 to Kurowski Decl., #6 Exhibit Ex. 5 to Kurowski Decl., #7 Exhibit Ex. 6 to Kurowski Decl., #8 Exhibit Ex. 7 to Kurowski Decl., #9 Exhibit Ex. 8 to Kurowski Decl., #10 Exhibit Ex. 9 to Kurowski Decl., #11 Exhibit Ex. 10 to Kurowski Decl., #12 Exhibit Ex. 11 to Kurowski Decl., #13 Exhibit Ex. 12 to Kurowski Decl., #14 Exhibit Ex. 13 to Kurowski Decl., #15 Exhibit Ex. 14 to Kurowski Decl., #16 Exhibit Ex. 15 to Kurowski Decl.)(Kurowski, Daniel) |
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Filing 292
Docket Text ORDER: Motion to Withdraw #291 is GRANTED. Attorney Jay W. Connolly shall be termed as counsel of record for Defendant Wild Oats Market, Inc., in this matter. Said Defendant shall be represented by Court-appointed Lead Counsel. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 291 MOTION to Withdraw Appearance of Jay W. Connolly by Defendant Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 290 First MOTION for Extension of Time to Complete Discovery, MOTION for Extension of Time to File Plaintiffs' Motion for an Extension of Discovery and Class Certification Deadlines and Memorandum in Support by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Declaration of Daniel J. Kurowski in Support of Motion, #2 Exhibit A to Kurowski Declaration, #3 Exhibit B to Kurowski Declaration)(Kurowski, Daniel) |
| Filing 289 MEMORANDUM in Opposition re #262 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Costco Wholesale Corporation's Affirmative Defenses, #261 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Aurora Dairy Corporation's Affirmative Defenses, #263 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Safeway, Inc.'s Affirmative Defenses, #264 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Target Corporation's Affirmative Defenses, #265 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wal-Mart Stores, Inc.'s Affirmative Defenses, #260 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Markets, Inc.'s Affirmative Defenses - Defendants' Memorandum in Opposition to Plaintiffs' Motions to Strike Defendants' Affirmative Defenses filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Appendix List, #6 Appendix Exhibit 1, #7 Appendix Exhibit 2, #8 Appendix Exhibit 3, #9 Appendix Exhibit 4, #10 Appendix Exhibit 5, #11 Appendix Exhibit 6, #12 Appendix Exhibit 7, #13 Appendix Exhibit 8, #14 Appendix Exhibit 9, #15 Appendix Exhibit 10, #16 Appendix Exhibit 11, #17 Appendix Exhibit 12, #18 Appendix Exhibit 13)(Mester, Mark) |
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ORDER RECEIPT: (see receipt) Docket No: 287-288. Mailed to parties not electronically notified Wed Dec 21 08:26:17 CST 2011 (Shirley, Kelley)
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Filing 288
Docket Text ORDER: Motion for Leave to File in Excess of Page Limitation #286 is GRANTED. Defendants' single Response to pending Motions to Strike will be accepted by this Court in excess of page limitation and shall not exceed twenty-five (25) pages, excluding signature and certificate of service pages. So Ordered by Judge E. Richard Webber. (BABS)
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Filing 287
Docket Text ORDER: Motion to Withdraw #285 is GRANTED. Livia M. Kiser shall be termed as counsel of record for Defendants in this matter. Timothy B. Hardwicke shall replace Ms. Kiser as Liaison Counsel for Defendants in this matter. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 286 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of Defendants for Leave to File a Memorandum in Excess of the Applicable Page Limitation by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 285 MOTION to Withdraw as Attorney ;attorney/firm Livia M. Kiser by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 284 ENTRY of Appearance by Andrew J. Mellen for Defendant Aurora Dairy Corporation. (Mellen, Andrew) |
| Filing 283 ENTRY of Appearance by Andrew J. Mellen for Defendant Costco Wholesale Corporation. (Mellen, Andrew) |
| Filing 282 ENTRY of Appearance by Andrew J. Mellen for Defendant Safeway, Inc.. (Mellen, Andrew) |
| Filing 281 ENTRY of Appearance by Andrew J. Mellen for Defendant Wild Oats Market, Inc.. (Mellen, Andrew) |
| Filing 280 ENTRY of Appearance by Andrew J. Mellen for Defendant Wal-Mart Stores, Inc.. (Mellen, Andrew) |
| Filing 279 ENTRY of Appearance by Kathleen P. Lally for Defendant Wal-Mart Stores, Inc.. (Lally, Kathleen) |
| Filing 278 ENTRY of Appearance by Kathleen P. Lally for Defendant Wild Oats Market, Inc.. (Lally, Kathleen) |
| Filing 277 ENTRY of Appearance by Kathleen P. Lally for Defendant Costco Wholesale Corporation. (Lally, Kathleen) |
| Filing 276 ENTRY of Appearance by Kathleen P. Lally for Defendant Safeway, Inc.. (Lally, Kathleen) |
| Filing 275 ENTRY of Appearance by Mark S. Mester for Defendant Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 274 ENTRY of Appearance by Timothy B. Hardwicke for Defendant Wild Oats Market, Inc.. (Hardwicke, Timothy) |
| Filing 273 ENTRY of Appearance by Timothy B. Hardwicke for Defendant Safeway, Inc.. (Hardwicke, Timothy) |
| Filing 272 ENTRY of Appearance by Timothy B. Hardwicke for Defendant Aurora Dairy Corporation. (Hardwicke, Timothy) |
| Filing 271 ENTRY of Appearance by Timothy B. Hardwicke for Defendant Costco Wholesale Corporation. (Hardwicke, Timothy) |
| Filing 270 ENTRY of Appearance by Timothy B. Hardwicke for Defendant Wal-Mart Stores, Inc.. (Hardwicke, Timothy) |
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ORDER RECEIPT: (see receipt) Docket No: 269. Order sent to non-ecf parties this date. Fri Dec 2 08:15:55 CST 2011 (Long, Carol)
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Filing 269
Docket Text ORDER: Motion to Withdraw #268 is GRANTED. Viviann Stapp shall be termed as counsel of record for Aurora Dairy Corp. in this matter. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 268 MOTION to Withdraw as Attorney - Motion to Withdraw Appearance of Viviann Stapp ;attorney/firm Viviann Stapp by Defendant Aurora Dairy Corporation. (Mester, Mark) |
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ORDER RECEIPT: (see receipt) Docket No: 267. Sent to non-electronic parties this date Mon Nov 21 10:04:30 CST 2011 (Berg, Melanie)
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Filing 267
Docket Text ORDER: Joint Motion for Briefing Schedule #266 is GRANTED. Responses by the appropriate Defendants to pending Motions to Strike #260 , #261 , #262 , #263 , #264 and #265 shall be filed no later than December 22, 2011. Plaintiffs shall file their respective Replies, if any, no later than January 16, 2012. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 266 Joint MOTION for a Briefing Schedule to Respond/Reply as to #260 MOTION to Strike, #261 MOTION to Strike, #262 MOTION to Strike, #263 MOTION to Strike, #264 MOTION to Strike, and #265 MOTION to Strike by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc. (Mester, Mark) Modified on 11/18/2011 to clarify document title per atty request (CBL). |
| Filing 265 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wal-Mart Stores, Inc.'s Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Wal-Mart Stores, Inc. to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 264 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Target Corporation's Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Target Corporation to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 263 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Safeway, Inc.'s Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Safeway, Inc. to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 262 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Costco Wholesale Corporation's Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Costco Wholesale Corporation to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 261 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Aurora Dairy Corporation's Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Aurora Dairy Corporation to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 260 MOTION to Strike Plaintiffs' Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Markets, Inc.'s Affirmative Defenses by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - Answer and Affirmative Defenses of Wild Oats Markets, Inc. to Plaintiffs' Second Amended Master Complaint)(Fegan, Elizabeth) |
| Filing 259 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Wal-Mart Stores, Inc. to Plaintiffs' Second Amended Master Complaint by Wal-Mart Stores, Inc..(Mester, Mark) |
| Filing 258 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Target Corporation to Plaintiffs' Second Amended Master Complaint by Target Corp..(Mester, Mark) |
| Filing 257 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Safeway Inc. to Plaintiffs' Second Amended Master Complaint by Safeway, Inc..(Mester, Mark) |
| Filing 256 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Costco Wholesale Corporation to Plaintiffs' Second Amended Master Complaint by Costco Wholesale Corporation.(Mester, Mark) |
| Filing 255 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Aurora Dairy Corporation to Plaintiffs' Second Amended Master Complaint by Aurora Dairy Corporation.(Mester, Mark) |
| Filing 254 ANSWER to #250 Amended Complaint,, and Affirmative Defenses of Wild Oats Markets, Inc. to Plaintiffs' Second Amended Master Complaint by Wild Oats Market, Inc..(Mester, Mark) |
| Filing 253 NOTICE of Change of Address filed by Tracy D. Rezvani - Finkelstein Thompson, LLP. (Attachments: #1 Envelope)(forwarded to OSU)(CBL) |
| Filing 252 PROTECTIVE ORDER: IT IS HEREBY ORDERED THAT this Protective Order governs the treatment of all documents, testimony or other products of discovery and all information derived therefrom, including but not limited to all copies, excerpts or summaries of any depositions or transcripts, deposition exhibits, interrogatory answers, responses to requests for admission, and any other discovery authorized by the Federal Rules of Civil Procedure, as well as any other disclosed information (collectively, "Discovery Material") produced by any Party or third party in these proceedings (the "Producing Party") and designated as "CONFIDENTIAL," "CONFIDENTIAL--ATTORNEYS' EYES ONLY" or "CONFIDENTIAL--COMPETITIVELY SENSITIVE" (hereinafter, collectively referred to as "Covered Matter") in the Action. Nothing in this Protective Order precludes any Party from seeking a further protective order from discovery propounded by a Requesting Party on any grounds or otherwise challenging the appropriateness of any discovery request. (See Order for further details.) Signed by Honorable E. Richard Webber on October 17, 2011. (BRP) |
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ORDER RECEIPT: (see receipt) Docket No: 252. Sent to non-electronic parties this date. Mon Oct 17 14:28:09 CDT 2011 (Porter, Brittany)
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| Filing 251 MOTION for Protective Order - Defendants' Unopposed Motion for Entry of Stipulated Confidentiality Agreement and Protective Order by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
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ORDER RECEIPT: (see receipt) Docket No: 249. Order sent to non-electronic parties this date. Mon Sep 12 09:46:05 CDT 2011 (Porter, Brittany)
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| Filing 250 SECOND AMENDED MASTER COMPLAINT against defendant Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., filed by Caryn Hudspeth, Elida Gollomp, Mona Still, Brenda Gallardo, Debbie Millikan, Sherry Brice Leigh, Rachel VerNooy, Claire M. Theodore, Hans Kueck, Odelia Weiss, Lisa Meacham, Leonie Lloyd, Diane Benya, Donita Lynn Robinson, Steven Joel Clark, Jim Snell, Tammy Gardner Coselli, April D Subashe, Scott Ross, Vicki M. Tysseling-Mattiace, Paul Bowen, Levitte Cruz.(BRP) |
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Filing 249
Docket Text ORDER: Motion for Leave to File Second Amended Master Complaint #247 is GRANTED. Second Amended Master Complaint is accepted for filing by this Court. Defendants shall Answer or otherwise respond to the Second Amended Master Complaint no later than October 24, 2011. Previously filed Motion to Dismiss #219 and Motions to Strike #230 , #232 , #233 , #234 , #235 and #236 relating to the First Amended Master Complaint are DENIED, as moot. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 248 RESPONSE to Motion re #247 MOTION to Amend/Correct Amended Complaint - Defendants' Response to Plaintiffs' Motion for Leave to File Second Amended Complaint filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 247 MOTION to Amend/Correct Amended Complaint by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Noelle Fincham, Brenda Gallardo, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit Second Amended Master Complaint)(Downing, Don) |
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Filing 246
ORDER: IT IS HEREBY ORDERED that Plaintiffs Noelle Fincham, Oksana Jensen, Mary Elbertai and Debra Haines are dismissed from this action for failure to respond with this Court's Order to Show Cause. (Debra Haines, Oksana Jensen, Mary Elbertai and Noelle Fincham terminated.) Signed by Honorable E. Richard Webber on August 1, 2011. (BRP)
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ORDER RECEIPT: (see receipt) Docket No: 245, 246. Sent to non-electronic parties this date. Mon Aug 1 14:45:31 CDT 2011 (Porter, Brittany)
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Filing 245
Docket Text ORDER: Motion for Extension of Time #244 is GRANTED. Any Motion for Leave to Amend the Amended Master Complaint shall be filed no later than August 15, 2011. The Court will hold in abeyance Response deadlines to the pending Motion to Dismiss #219 and pending Motions to Strike #230 , #232 , #233 , #234 , #235 and #236 . If the Motion to Amend is filed and granted, these pending motions will be moot and the motions will be termed by the Court. If the Motion to Amend is filed and is not granted, Plaintiffs' Response to the pending Motion to Dismiss and Defendants' Responses to each of the Motions to Strike, shall be filed within fourteen (14) days of the Court's denial of said Motion to Amend. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 244 MOTION for Extension of Time to File Response/Reply to Defendants Motion to Dismiss by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Noelle Fincham, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Downing, Don) |
| Filing 243 RETURN RECEIPT BY MAIL UNEXECUTED re #226 Order to Show Cause Sent to: Mary Elbertai, 12355 Parker Terrace, Olathe, KS 60061-9712. (DLB)(enveloped marked "Return to Sender - Unclaimed - Unable to forward" Modified on 7/22/2011 (MCB). |
| Filing 242 CERTIFIED Mail Returned DELIVERED on July 13, 2011 addressed to Debra Haines. Certified Mail sent to Debra Haines, P.O. Box 1180, Draper, UT 84020. Re: #226 Order to Show Cause. (MCB) |
| Filing 241 Certified Mail Returned as Undeliverable. Mail sent to Okana Jensen. Returned document(s): #226 Order to Show Cause. Could not verify new address and mail was not resent. (BRP) |
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Filing 240
ORDER IT IS HEREBY ORDERED that Defendants' Unopposed Motion for an Extension ofTime #239 is GRANTED, in part and DENIED, in part. Defendants shall file their responses, if any, to Plaintiffs' various motions to strike [230, 232, 222, 234, 235 and 236] no later than August 19, 2011. The Court will not consider any extensions to Plaintiffs' reply deadline until after those responses have been filed. Signed by Honorable E. Richard Webber on July 5, 2011. (MCB)
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ORDER RECEIPT: (see receipt) Docket No: 240. sent to non-electronic parties this date. Tue Jul 5 15:17:54 CDT 2011 (Berg, Melanie)
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| Filing 239 MOTION for Extension of: Time to Extend Briefing Schedule on Various Motions to Strike by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) Modified on 7/11/2011 (MCB). |
| Filing 238 NOTICE of Change of Address filed by Livia M. Kiser (Kiser, Livia) |
| Filing 237 RETURN RECEIPT BY MAIL re #226 Order to Show Cause. Sent to: Noelle Fincham Executed on: 6/21/11. (BRP) |
| Filing 236 MOTION to Strike #214 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Market Inc.'s Affirmative Defenses by Plaintiffs Diane Benya, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
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ORDER RECEIPT: (see receipt) Docket No: 229. sent to non-electronic parties this date Mon Jun 27 08:22:23 CDT 2011 (Berg, Melanie)
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| Filing 235 MOTION to Strike #218 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Safeway Inc.'s Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
| Filing 234 MOTION to Strike #217 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wal-Mart Stores, Inc.'s Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
| Filing 233 MOTION to Strike #216 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Target Corporation's Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
| Filing 232 MOTION to Strike #215 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Costco Wholesale Corporation's Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
| Filing 231 (FILED IN ERROR - CORRECT MOTION TO BE REFILED MONDAY, JUNE 27, 2011 RE: MOTION TO STRIKE WILD OATS MARKET INC'S AFFIRMATIVE DEFENSES) MOTION to Strike #214 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Wild Oats Market Inc's Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) Modified on 6/27/2011 (MCB). |
| Filing 230 MOTION to Strike #213 Answer to Amended Complaint Motion and Memorandum in Support of Plaintiffs' Motion to Strike Aurora Dairy Corp.'s Affirmative Defenses by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Exhibit A)(Fegan, Elizabeth) |
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Filing 229
Docket Text ORDER: Joint Motion for Extension of Certain Deadlines #228 is GRANTED. Response to Motion to Dismiss Fraud Based Claims #219 as set forth the Amended Master Complaint shall be filed no later than August 1, 2011; Reply relating to said Motion shall be filed no later than August 29, 2011. The parties shall submit ESI Protocol to Court for approval no later than July 29, 2011. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 228 MOTION for Extension (AGREED) of: Time (and Memorandum in Support of) by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Noelle Fincham, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Downing, Don) |
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ORDER RECEIPT: (see receipt) Docket No: . Order 227 sent to non ecf attorneys. Tue Jun 21 11:40:30 CDT 2011 (Long, Carol)
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Filing 227
Docket Text ORDER: CASE MANAGEMENT ORDER - Joint Scheduling Plan as submitted by the parties is approved by this Court. See JSP #224 for complete details. Requests for Production - June 8, 2011; Protective Order to Court - July 8, 2011; ESI Protocol to Court - June 29, 2011; Interrogatories - Defendants collectively up to twenty-five to each Plaintiff / Plaintiffs collectively up to twenty-five to each Defendant; Depositions - no more than seven hours on the record; Joinder of Additional Parties/Amendment of Pleadings - November 1, 2011; Initial Disclosures - July 15, 2011; Written and Oral Discovery relating to class certification - January 9, 2012; Motion to Dismiss #219 - Response ddl July 1, 2011 / Reply ddl July 29, 2011; Motion for Class Certification - March 30, 2012 / Response ddl May 29, 2012 / Reply ddl July 13, 2012 / In-court Hearing set August 27, 2012; Supplemental JSP due twenty-days after Court's ruling on Class Certification. So Ordered by Judge E. Richard Webber. (BABS)
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Filing 226
ORDER TO SHOW CAUSE Accordingly,IT IS HEREBY ORDERED that no later than June 30, 2011, Noelle Fincham, Oksana Jensen, Mary Elbertai and Debra Haines shall notify this Court of their intention to remain pro se or to retain new counsel in this matter. Failure to respond to this Show Cause Order may result in dismissal of these Plaintiffs' claims from this action. IT IS FURTHER ORDERED that this Order be sent by U.S. and Certified mail to Plaintiffs Noelle Fincham, Oksana Jensen, Mary Elbertai and Debra Haines at the addresses set forth in the Notice of Last Known Addresses #225 . Signed by Honorable E. Richard Webber on June 16, 2011. (MCB) (Order sent regular and certified to Noelle Fincham, Oksana Jensen, May Elbertai and Debra Haines this date.)
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ORDER RECEIPT: (see receipt) Docket No: 226. sent to non-electronic parties this date Thu Jun 16 13:47:44 CDT 2011 (Berg, Melanie)
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| Filing 225 NOTICE Last Known Addresses: by Plaintiffs Mary Elbertai, Noelle Fincham, Debra Haines, Oksana Jensen re 222 Docket Text Order, (Neill, Thomas) |
| Filing 224 JOINT SCHEDULING PLAN by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. Joint Proposed Scheduling Plan. (Fegan, Elizabeth) |
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ORDER RECEIPT: (see receipt) Docket No: 222. Docket Text Order sent to non-electronic parties this date. Wed Jun 8 08:16:00 CDT 2011 (Porter, Brittany)
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ORDER RECEIPT: (see receipt) Docket No: 223. Docket Text Order sent to non-electronic parties this date. Wed Jun 8 08:21:01 CDT 2011 (Porter, Brittany)
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ORDER RECEIPT: (see receipt) Docket No: 221. Docket Text Order sent to non-electronic parties this date. Wed Jun 8 08:11:15 CDT 2011 (Porter, Brittany)
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Filing 223
Docket Text ORDER: Joint Motion for Extension of Time #212 is GRANTED. A Joint Scheduling Plan, or separate plans if the parties are unable to agree, shall be filed no later than June 8, 2011. So Ordered by Judge E. Richard Webber. (BABS)
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Filing 222
Docket Text ORDER: Motion to Withdraw #210 is GRANTED. Upon receipt from counsel of the last known addresses of Plaintiffs Noelle Fincham, Oksana Jensen, Mary Elbertai, and Debra Haines, the Court shall term counsel's representation of these individuals. The last known addresses shall be filed with the Court no later than June 17, 2011. So Ordered by Judge E. Richard Webber. (BABS)
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Filing 221
Docket Text ORDER: Motion for Leave to File in Excess of Page Limitation #207 is GRANTED. Memorandum #220 in Support of pending Motion to Dismiss #219 is accepted for filing by this Court. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 220 MEMORANDUM in Support of Motion re #219 MOTION to Dismiss : the Fraud-Based Claims in The Amended Master Complaint - Defendants' Memorandum of Law in Support of Their Motion to Dismiss the Claims in the Amended Master Complaint Sounding in Fraud filed by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Mester, Mark) |
| Filing 219 MOTION to Dismiss : the Fraud-Based Claims in The Amended Master Complaint by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 218 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Safeway Inc. to the Non-Fraud-Based Counts and Claims in Plaintiffs Amended Master Complaint by Safeway, Inc..(Mester, Mark) |
| Filing 217 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Wal-Mart Stores, Inc. to the Non-Fraud-Based Counts and Claims in Plaintiffs Amended Master Complaint by Wal-Mart Stores, Inc..(Mester, Mark) |
| Filing 216 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Target Corporation to the Non-Fraud-Based Counts and Claims in Plaintiffs' Amended Master Complaint by Target Corp..(Mester, Mark) |
| Filing 215 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Costco Wholesale Corporation to the Non-Fraud-Based Counts and Claims in Plaintiffs' Amended Master Complaint by Costco Wholesale Corporation.(Mester, Mark) |
| Filing 214 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Wild Oats Market, Inc. to the Non-Fraud-Based Counts and Claims in Plaintiffs' Amended Master Complaint by Wild Oats Market, Inc..(Mester, Mark) |
| Filing 213 ANSWER to #169 Amended Complaint,, - Answer and Affirmative Defenses of Aurora Diary Corporation to the Non-Fraud-Based Counts and Claims in Plaintiffs' Amended Master Complaint by Aurora Dairy Corporation.(Mester, Mark) |
| Filing 212 Joint MOTION for Extension of Time to File JOINT MOTION AND STIPULATION FOR AN EXTENSION OF THE DEADLINE FOR THE FILING OF SCHEDULING PLAN(S) ;Extension to file the following: Scheduling Plan(s) ;Proposed extension date June 8, 2011 by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Kurowski, Daniel) |
| Filing 211 NOTICE by Plaintiffs Diane Benya, Paul Bowen, Steven Joel Clark, Tammy Gardner Coselli, Levitte Cruz, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Lynn Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss re #169 Amended Complaint,, ERRATA TO AMENDED MASTER COMPLAINT (Fegan, Elizabeth) |
| Filing 210 MOTION to Withdraw as Attorney ;attorney/firm Gray, Ritter & Graham P.C.; Lane, Alton & Horst LLC; Wolf Haldenstein Adler Freeman & Herz, LLC by Plaintiffs Mary Elbertai, Noelle Fincham, Debra Haines, Oksana Jensen. (Attachments: #1 Exhibit Affidavit)(Downing, Don) |
| Filing 209 NOTICE of Voluntary Dismissal by Fernanado Freyre, Rebecca Freyre (Downing, Don) |
| Filing 208 NOTICE of Voluntary Dismissal by Joy Beckner, Laurelanne Davis, Erin Diserens, Kristen Finnegan, Amy Forsman, Eve Hana, Liana Hoodes, Lisa Hopkins, Kim King, Olive Knaus, Helen Phillips, Caryn Poirier, Eileen Ptak, Ilene Rachford, Sandie Regan, Cynthia Roche-Cotter, Joan Scheutz, Debra Schmidt, Steve Shriver, Gabriela Waschewsky, Jeanmarie Zirger (Downing, Don) |
| Filing 207 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of Defendants for Leave to File a Memorandum in Excess of the Applicable Page Limitation by Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc.. (Mester, Mark) |
| Filing 206 NOTICE of Voluntary Dismissal by Patrick Hudspeth (Fegan, Elizabeth) |
| Filing 205 NOTICE of Voluntary Dismissal by John Barrera, Joseph Villari (Fegan, Elizabeth) |
| Filing 204 NOTICE of Voluntary Dismissal by Elisabeth Banse (Fegan, Elizabeth) |
| Filing 203 NOTICE of Voluntary Dismissal by Elizabeth Cockrell, Lynn Michalson, Hillary White (Fegan, Elizabeth) |
| Filing 202 NOTICE of Voluntary Dismissal by Ilsa Lee Kaye (Fegan, Elizabeth) |
| Filing 201 NOTICE of Voluntary Dismissal by Richard E. Ehly, Margot A. West (Fegan, Elizabeth) |
| Filing 200 NOTICE of Voluntary Dismissal by Maya Fiallos (Fegan, Elizabeth) |
| Filing 199 NOTICE of Voluntary Dismissal by Nicolle DiSimone (Fegan, Elizabeth) |
| Filing 198 NOTICE of Voluntary Dismissal by Fayetta Cowan (Fegan, Elizabeth) |
| Filing 197 NOTICE of Voluntary Dismissal by Robert Edward Koch (Fegan, Elizabeth) |
| Filing 196 NOTICE of Voluntary Dismissal by Theadora King (Fegan, Elizabeth) |
| Filing 195 NOTICE of Voluntary Dismissal by Shawn Riley (Fegan, Elizabeth) |
| Filing 194 NOTICE of Voluntary Dismissal by Channing Hesse (Fegan, Elizabeth) |
| Filing 193 NOTICE of Change of Law Firm Affiliation: by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, Plaintiff Maya Fiallos (Buckner, Daivd) |
| Filing 192 TRANSCRIPT proceedings of Status Conference held on April 13, 2011 before Judge E. Richard Webber. Court Reporter/Transcriber Deborah Kriegshauser, Telephone number 314-244-7449. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/24/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 8/1/2011. (MCB) |
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Filing 191
Docket Text ORDER: Defendants shall file an Answer to Plaintiffs' First Amended Master Complaint no later than June 1, 2011. The Parties shall meet and confer to reduce the number of potential motions for Court consideration and submit a Joint Proposed Scheduling Plan, or separate plans if they are unable to agree to a Joint Proposed Scheduling Plan, no later than June 1, 2011. The Parties expressed that they shall continue to meet and confer concerning settlement of this case. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 190 Minute Entry for proceedings held before Honorable E. Richard Webber: Telephone Status Conference held on 4/13/2011 re: case management. Discussions held regarding mediation, joint scheduling plan, and meet and confer. Agreed Court deadline 6/1/11. Order to issue. (Court Reporter: D. Kriegshauser.) (FTR Gold: No.) (KLH) |
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ORDER RECEIPT: (see receipt) Docket No: 191. Wed Apr 13 16:15:58 CDT 2011 (Hisaw, Kari)
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| Mail Returned as Undeliverable. Mail sent to Kip Shuman. Returned document: 188 Docket Text Order. Contacted attorney by phone and got new address. New address given to OSU. Mr. Shuman said not to resend the docket text order and that he will be filing a motion to withdraw. (MCB) |
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Filing 189
ORDER IT IS HEREBY ORDERED that the telephone status conference originally scheduled for April 5, 2011 at 10:00 AM is rescheduled to April 13, 2011 at 1:00 PM. Prior to the conference date, counsel shall notify chambers of the names and contact numbers of participating counsel of record. Status Conference reset for 4/13/2011 01:00 PM in Telephone before Honorable E. Richard Webber. Signed by Honorable E. Richard Webber on April 1, 2011. (MCB)
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ORDER RECEIPT: (see receipt) Docket No: 189. sent to non-electronic parties this date Fri Apr 1 15:05:43 CDT 2011 (Berg, Melanie)
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| Mail Returned as Undeliverable. Mail sent to Attorneys Robert Wade Mills, Jr., Christopher Lovell, Craig Essenmacher, Keith Essenmacher. Returned document(s): DTO [doc.#188]. Contacted attorneys by telephone. Verified current addresses. New addresses updated. Order w/ E-Filing Registration Form remailed to updated addresses. (KLH) |
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Filing 188
Docket Text ORDER: Joint Motion for Hearing #187 is GRANTED. A Telephone Status Conference will be held on April 5, 2011, at 10:00 a.m. Prior to the conference date, counsel shall notify chambers of the name and contact numbers for participating counsel of record. The deadline for Defendants' Answer or other responsive pleading is VACATED until further order of this Court. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 188 and Notice of Electronic Filing with Registration Form mailed to all attorneys currently not receiving electronic notifications. Fri Mar 18 11:43:00 CDT 2011 (Hisaw, Kari)
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| Filing 187 Joint MOTION for Hearing - Joint Motion to set a Case Management Conference and to Vacate the Deadline for Defendants to Answer or Otherwise Plead by In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation, Defendants Aurora Dairy Corporation, Costco Wholesale Corporation, Publix Super Markets, Inc., QAI, Inc., Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Whole Foods Market Group, Inc., Wild Oats Market, Inc.. (Kiser, Livia) |
| Filing 186 Mail Returned as Undeliverable. Mail sent to Robert Wade Mills, Jr.. Returned document(s): 184 Docket Text Order. Could not verify new address and mail was not resent. (MGK) |
| Filing 185 NOTICE of Appointment of Neutral Neutral name: Jonathan Marks Neutral selected by parties (notification to neutral by mail)(LSD) |
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Filing 184
Docket Text ORDER: The Court approves Jonathan B. Marks as the agreed mediator in this matter. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 184. sent to non-electronic parties this date Mon Feb 7 13:28:04 CST 2011 (Berg, Melanie)
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| Filing 183 Mail Returned as Undeliverable. Mail sent to Robert Wade Mills Jr.. Returned document(s): 180 Docket Text Order. Could not verify new address and mail was not resent. (KMS) |
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ORDER RECEIPT: (see receipt) Docket No: 182. sent to parties not set up for electronic notification Wed Jan 19 10:11:35 CST 2011 (Scheele, Kara)
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Filing 182
Docket Text ORDER: Motion to Withdraw as Attorney #181 is GRANTED. Alexis B. Djivre shall be termed as counsel of record for Plaintiffs. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 181 MOTION to Withdraw as Attorney ;attorney/firm Alexis B. Djivre by Plaintiffs Nicolle DiSimone, Robert Edward Koch. (Rosen, David) |
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ORDER RECEIPT: (see receipt) Docket No: 180. sent to non-electronic parties this date Tue Jan 11 08:43:45 CST 2011 (Berg, Melanie)
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Filing 180
Docket Text ORDER: Joint Motion for Two-Day Extension of Time #179 is GRANTED. Alternative Dispute Resolution Completion Deadline is extended up to and including March 17, 2011. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 179 Joint MOTION for Extension of: For a Two-Day Extension of Time to Complete Alternative Dispute Resolution Conference by Defendant Aurora Dairy Corporation. (Attachments: #1 Exhibit A - Resume of Jonathan Marks, #2 Text of Proposed Order)(Mester, Mark) |
| Filing 178 Designation of Neutral by parties and ADR Conference Report by Defendant Aurora Dairy Corporation Neutral: Jonathan Marks Date of Conference: March 15, 2011 time: 9:00 a.m. Location: Washington, DC(Kiser, Livia) |
| Filing 177 Mail Returned as Undeliverable. Mail sent to Robert Wade Mills, Jr. Returned document(s): 172 Docket Text Order, #173 Order Referring Case to ADR. Could not verify new address and mail was not resent. (KLH) |
| Filing 176 TRANSFER ORDER (CTO-3) regarding multidistrict litigation by Clerk of the Panel. Case transferred in: Benya et al v. Aurora Dairy Corporation et al, N.D. California, Case No. 3:1005292, opened as EDMO Case No. 4:10-cv-02439-ERW. (DLB) |
| Filing 175 Mail Returned as Undeliverable. Mail sent to Robert Wade Mills, Jr. Returned document(s): 170 Docket Text Order. Could not verify new address and mail was not resent. (KLH) |
| Filing 174 CONDITIONAL TRANSFER ORDER (CTO-3) regarding multidistrict litigation by Clerk of the Panel Jeffery N. Luthi Re: MDL No. 1907-IN RE: Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. Benya et al v. Aurora Dairy Corporation et al, N.D. California, Case No. 3:1005292.(DLB) |
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Filing 173
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Livia M. Kiser ADR Completion Deadline due by 3/15/2011. Designation of Neutral due by 1/7/2011. ADR Conference Schedule due by 1/7/2011. (see order for details). Signed by Honorable E. Richard Webber on 12/7/2010. (KMS)
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Filing 172
Docket Text ORDER: Upon request of the parties, this matter is referred to Mediation. An Order Referring Case to Alternative Dispute Resolution shall issue forthwith. The Answer Deadline is stayed up to and including March 15, 2011, pending said mediation. So Ordered by Judge E. Richard Webber. (BABS)
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ORDER RECEIPT: (see receipt) Docket No: 172, 173. sent to parties not set up for electronic notification Tue Dec 7 10:09:47 CST 2010 (Scheele, Kara)
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| Filing 171 NOTICE of Change of Address filed by Robert B. Carey Modified on 12/3/2010 (MGK). |
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ORDER RECEIPT: (see receipt) Docket No: 170. mailed to parties not set up for electronic notification Tue Nov 30 08:47:27 CST 2010 (Scheele, Kara)
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Filing 170
Docket Text ORDER: Motion for Leave to File Amended Master Complaint #168 is GRANTED. Amended Master Complaint #169 is accepted for filing by this Court. This Amended Master Complaint identifies Debbie Millikan as a party Plaintiff. Ms. Millikan was inadvertently omitted from the Master Complaint timely filed on November 22, 2010. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 169 AMENDED COMPLAINT Amended Master Complaint against defendant Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc. N Summons(es) issued, Waivers issued N, Consents issued N, Y demand, Amended Master Complaint, filed by Caryn Hudspeth, Elida Gollomp, Mona Still, Brenda Gallardo, Debbie Millikan, Sherry Brice Leigh, Rachel VerNooy, Claire M. Theodore, Hans Kueck, Odelia Weiss, Lisa Meacham, Leonie Lloyd, Diane Benya, Donita Robinson, Steve Clark, Jim Snell, Tammy Coselli, April D Subashe, Scott Ross, Vicki M. Tysseling-Mattiace, Paul Bowen, Levitte Cruz.(Downing, Don) |
| Filing 168 MOTION for Leave to File Amended Master Complaint by Plaintiffs Diane Benya, Paul Bowen, Steve Clark, Tammy Coselli, Levitte Cruz, Brenda Gallardo, Elida Gollomp, Caryn Hudspeth, Hans Kueck, Sherry Brice Leigh, Leonie Lloyd, Lisa Meacham, Debbie Millikan, Donita Robinson, Scott Ross, Jim Snell, Mona Still, April D Subashe, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Rachel VerNooy, Odelia Weiss. (Attachments: #1 Amended Master Complaint)(Downing, Don) |
| Filing 167 COMPLAINT Master Complaint against defendant Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc. Jury Demand,, filed by Caryn Hudspeth, Elida Gollomp, Mona Still, Brenda Gallardo, Debbie Millikan, Sherry Brice Leigh, Rachel VerNooy, Claire M. Theodore, Hans Kueck, Odelia Weiss, Lisa Meacham, Leonie Lloyd, Diane Benya, Donita Robinson, Steve Clark, Jim Snell, Tammy Coselli, April D Subashe, Scott Ross, Vicki M. Tysseling-Mattiace, Paul Bowen, Levitte Cruz.(Downing, Don) |
| Filing 166 Mail Returned as Undeliverable. Mail sent to Christopher Lovell. Returned document(s): 158 Docket Text Order. Could not verify new address and mail was not resent. (KLH) |
| Filing 165 Mail Returned as Undeliverable. Mail sent to Keith Essenmacher. Returned document(s): 158 Docket Text Order. Could not verify new address and mail was not resent. (KLH) |
| Filing 164 Mail Returned as Undeliverable. Mail sent to Craig M. Essenmacher. Returned document: 158 Docket Text Order. (Contacted Mr. Essenmacher. Change of address forthcoming.) (RJD) |
| Filing 163 Mail Returned as Undeliverable. Mail sent to Kip B. Shuman. Returned document(s): 158 Docket Text Order,. New address obtained and clerk resent document. Attorney notified to file notice of change of address. (MGK) |
| Filing 162 Mail Returned as Undeliverable. Mail sent to Robert Wade Mills, Jr.. Returned document(s): 158 Docket Text Order,. New address obtained and clerk resent document. Attorney notified to file notice of change of address. (MGK) |
| Filing 161 NOTICE of Change of Address filed by Elizabeth A. Fegan (Fegan, Elizabeth) |
| Filing 160 Minute Entry for proceedings held before Honorable E. Richard Webber: Status Conference (telephone) held on 11/2/2010. In accordance with the parties' recommendations, Plaintiffs shall file an Amended Class Action Complaint on or before November 22, 2010, and within 10 (ten) days thereafter, Defendants shall advise the Court of their desired deadline for filing an Answer or other responsive pleading. (Court Reporter or FTR Gold Operator initials:C. Simpson.) (FTR Gold yes or no: No.) (RJD) |
| Filing 159 ENTRY of Appearance by Kathleen P. Lally for Defendant Aurora Dairy Corporation. (RJD) |
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ORDER RECEIPT: (see receipt) Docket No: . 158 Fri Oct 22 09:04:29 CDT 2010 (Hisaw, Kari)
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Filing 158
Docket Text ORDER: On September 15, 2010, the United States Court of Appeals entered an Opinion affirming in part, reversing in part, and remanding to this Court for proceedings consistent with said opinion. The Mandate issued on October 6, 2010. This Court will hold a Telephone Status Conference in this matter on November 2, 2010, at 10:00 a.m. Counsel wishing to participate in this Conference shall contact chambers prior to the Hearing date indicating the name and contact number of participating counsel. So Ordered by Judge E. Richard Webber. (BABS)
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| Filing 156 MANDATE of USCA as to (148 in 4:08-md-01907-ERW) Notice of Appeal,, filed by April D Subashe, Brenda Gallardo, Steve Clark, Donita Robinson, Tammy Coselli, Elida Gollomp, Noelle Fincham, Paul Bowen, Lisa Meacham, Odelia Weiss, Jim Snell, Caryn Hudspeth, Sherry Brice Leigh, Levitte Cruz, Vicki M. Tysseling-Mattiace, Mona Still, Claire M. Theodore, Diane Benya, Rachel VerNooy, Leonie Lloyd, Hans Kueck, Scott Ross. In accordance with the opinion and judgment of 09/15/2010, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. USCA #:09-2762(MCB) |
| Filing 155 OPINION from USCA re (148 in 4:08-md-01907-ERW) Notice of Appeal,, : USCA Appeal #: 09-2762 AFFIRMED IN PART, REVERSED IN PART AND REMANDED (BAK) |
| Filing 154 JUDGMENT of USCA USCA Appeal #: 09-2762. This appeal from the United States District Court was submitted on the record of the district court, briefs of the parties and was argued by counsel. After consideration, it is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in part, reversed in part, and remanded to the district court for proceedings consistent with the opinion of this court. (BAK) |
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Filing 153
ORDER of USCA USCA Appeal #: 09-2762Craig R. Spiegel's motion to file a brief in excess of limits set forth in FRAP Rule 32(a)(A) and (B). Craig R. Spiegel may file a brief not to exceed 10,000 words.(BAK)
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| Filing 152 Briefing Schedule from USCA for #148 Notice of Appeal filed by April D Subashe, Brenda Gallardo, Steve Clark, Donita Robinson, Tammy Coselli, Elida Gollomp, Noelle Fincham, Paul Bowen, Lisa Meacham, Odelia Weiss, Jim Snell, Caryn Hudspeth, Sherry Brice Leigh, Levitte Cruz, Vicki M. Tysseling-Mattiace, Mona Still, Claire M. Theodore, Diane Benya, Rachel VerNooy, Leonie Lloyd, Hans Kueck, and Scott Ross. USCA Appeal Number: 09-2762.(RJD) |
| Filing 151 Initial Notification from USCA for #148 Notice of Appeal,, filed by April D Subashe, Brenda Gallardo, Steve Clark, Donita Robinson, Tammy Coselli, Elida Gollomp, Noelle Fincham, Paul Bowen, Lisa Meacham, Odelia Weiss, Jim Snell, Caryn Hudspeth, Sherry Brice Leigh, Levitte Cruz, Vicki M. Tysseling-Mattiace, Mona Still, Claire M. Theodore, Diane Benya, Rachel VerNooy, Leonie Lloyd, Hans Kueck, Scott Ross USCA Appeal Number: 09-2762(KLH) |
| Filing 150 DESIGNATION of Record on Appeal by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham re #148 Notice of Appeal,, |
| Filing 149 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #146 Memorandum & Order, #147 Judgment - (Case). Notice of Appeal filed on 7/2/09. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE. SUBMIT FORM A & B TO EIGHTH CIRCUIT CLERKS OFFICE(BAK) |
| Filing 148 NOTICE OF APPEAL by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. Filing fee $ 455, receipt number 08650000000001898087. Appeal Record due by 7/6/2009. (Attachments: #1 Appendix Attachment 1, #2 Appendix Attachment 1 Form A, #3 Appendix Attachment 2 Form A) |
| Filing 147 JUDGMENT In accordance with the Memorandum and Order entered on this date and incorporated herein, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss of Aurora Dairy Corporation [doc. #98], the Motion to Dismiss of the Retailer Defendants [doc. #102] the Motion to Dismiss of Defendant QAI, Inc. [doc. #104] are GRANTED. Plaintiffs claimsagainst all Defendants are DISMISSED WITH PREJUDICE. Signed by Honorable E. Richard Webber on June 3, 2009. Associated Cases: 4:08-md-01907-ERW et al.(MCB) |
| Filing 146 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' Motion to Strike the Consolidated Complaint [doc. #96] is DENIED, as moot. IT IS FURTHER ORDERED that Motion to Dismiss of Aurora Dairy Corporation [doc. #98] is GRANTED. All claims against Defendant Aurora are DISMISSED, with prejudice. IT IS FURTHER ORDERED that Motion to Dismiss of the Retailer Defendants [doc.#102] is GRANTED. All claims against the Retailer Defendants are DISMISSED, with prejudice. IT IS FURTHER ORDERED that Motion to Dismiss of Defendant QAI, Inc. [doc. #104] is GRANTED. All claims against Defendant QAI are DISMISSED, with prejudice. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Amended Class Action Complaint [doc. #116] is DENIED, as moot.IT IS FURTHER ORDERED that Defendants' Motion to Strike and Memorandum inSupport Regarding Plaintiffs' Submission Styled "Notice of Supplemental Authority" [doc. #125] is GRANTED. The Court strikes Plaintiffs' Notices and the Responses filed to the Second Notice. Signed by Honorable E. Richard Webber on June 3, 2009. Associated Cases: 4:08-md-01907-ERW et al.(MCB) |
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ORDER RECEIPT: (see receipt) Wed Jun 3 16:11:59 CDT 2009 (Berg, Melanie)
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ORDER RECEIPT: (see receipt) Wed Jun 3 16:12:20 CDT 2009 (Berg, Melanie)
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| Filing 145 NOTICE of Change of Address filed by Joseph N. Williams (Williams, Joseph) |
| Filing 144 Mail Returned as Undeliverable. Mail sent to Laurence D. King Docket Text Order dated 4/2/09 (MCB) |
| Filing 143 MEMORANDUM re #140 Notice (Other), Notice (Other), Notice (Other) - QAI'S Response to Plaintiffs' Notice of Supplemental Authority by Defendant QAI, Inc.. (Mester, Mark) |
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ORDER RECEIPT: (see receipt) Thu Apr 2 09:36:08 CDT 2009 (Berg, Melanie)
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Docket Text ORDER: Motion by Defendant QAI, Inc. [doc. #142] for leave to file a Separate Response to Plaintiffs' Second Notice of Supplemental Authority [doc. #140] is GRANTED. QAI, Inc.'s separate Response consisting of no more than ten (10) pages, excluding signature and certificate of service pages, shall be filed no later than April 3, 2009. So Ordered by Judge E. Richard Webber. (BAB) Modified on 4/2/2009 (BAB).
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| Filing 142 MOTION for Leave to File - Defendant QAI, Inc.'s Motion for Leave to File a Separate Response to Plaintiffs' Second "Notice of Supplemental Authority" and for Enlargement of Time by Defendant QAI, Inc.. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
| Filing 141 RESPONSE to #140 Notice - Defendants' Response to Plaintiffs' Second "Notice of Supplemental Authority" by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc. (Mester, Mark) Modified text on 3/31/2009 (KLH). |
| Filing 140 NOTICE Supplemental Authority: by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham re #109 Memorandum in Opposition to Motion, #111 Response in Opposition to Motion, #110 Response in Opposition to Motion,,, (Attachments: #1 Exhibit A-Wyeth v. Levine, #2 Exhibit B-Certiorari Summary Dispositions)(Downing, Don) |
| Filing 139 ENTRY of Appearance by Curtis F Gantz for Plaintiffs Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck. (Gantz, Curtis) |
| Filing 138 REPLY to Response to Motion re #125 MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" --- Defendants' Reply in Further Support of Their Motion to Strike Plaintiffs' Submission Styled "Notice of Supplemental Authority" filed by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc.. (Attachments: #1 List of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Mester, Mark) |
| Filing 137 REPLY MEMORANDUM in Support of Motion re #116 MOTION for Leave to File Amended Class Action Complaint and Memorandum In Support Reply Memorandum filed by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) Modified on 2/9/2009 (MCB). |
| Filing 136 RESPONSE in Opposition re #125 MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" MOTION to Strike (124 in 4:08-md-01907-ERW) Notice (Other), Notice (Other), Notice (Other) - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" Plaintiffs' Memorandum in Opposition to Defendants' Motion to Strike Plaintiffs' Notice of Supplemental Authority filed by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fegan, Elizabeth) |
| Filing 135 MEMORANDUM in Support of Motion re #96 MOTION to Strike - Defendants' Motion to Strike the Consolidated Complaint - Defendants' Reply Memorandum in Further Support of Their Motion to Strike Plaintiffs' Consolidated Complaint filed by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc.. (Mester, Mark) |
| Filing 134 REPLY to Response to Motion re #104 MOTION to Dismiss Case - Motion to Dismiss of Defendant QAI, Inc. - Reply to Plaintiffs' Opposition to QAI's Motion to Dismiss filed by Defendant QAI, Inc.. (Mester, Mark) |
| Filing 133 REPLY to Response to Motion re #102 MOTION to Dismiss Case - Motion to Dismiss of the Retailer Defendants - Reply Memorandum in Further Support of the Motion to Dismiss of the Retailer Defendants filed by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Mester, Mark) |
| Filing 132 MEMORANDUM in Opposition re #116 MOTION for Leave to File Amended Class Action Complaint and Memorandum In Support - Defendants' Memorandum in Opposition to Plaintiffs' Motion for Leave to File a First Amended Consolidated Complaint filed by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Mester, Mark) |
| Filing 131 REPLY to Response to Motion re #98 MOTION to Dismiss Case - Motion to Dismiss of Defendant Aurora Dairy Corporation - Reply Memorandum in Further Support of the Motion to Dismiss of Defendant Aurora Dairy Corporation filed by Defendant Aurora Dairy Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Mester, Mark) |
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Filing 130
ORDER granting #126 MOTION for Leave to File in Excess of Page Limitation by Defendant Aurora Dairy Corporation; granting #127 MOTION for Leave to File in Excess of Page Limitation by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc.; granting #128 MOTION for Leave to File in Excess of Page Limitation by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc. Please refer to order regarding page limitations. Signed by Honorable E. Richard Webber on 1/23/09. (KLH)
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ORDER RECEIPT: (see receipt) Fri Jan 23 13:59:48 CST 2009 (Hisaw, Kari)
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| Filing 129 NOTICE to Court That Plaintiffs Do Not Oppose: by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham re #128 MOTION for Leave to File in Excess of Page Limitation - Defendants' Motion for Leave to File a Memorandum in Excess of the Applicable Page Limitation and Memorandum in Support (Downing, Don) |
| Filing 128 MOTION for Leave to File in Excess of Page Limitation - Defendants' Motion for Leave to File a Memorandum in Excess of the Applicable Page Limitation and Memorandum in Support by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc.. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
| Filing 127 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of the Retailer Defendants for Leave to File a Memorandum in Excess of the Applicable Page Limitation and Memorandum in Support by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc.. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
| Filing 126 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of Defendant Aurora Dairy Corporation for Leave to File a Memorandum in Excess of the Applicable Page Limitation and Memorandum in Support by Defendant Aurora Dairy Corporation. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
| Filing 125 MOTION to Strike (124 in 4:08-md-01907-ERW) Notice - Motion to Strike and Memorandum in Support Regarding Plainitffs' Submission Styled "Notice of Supplemental Authority" by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc.. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 124 NOTICE by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham re #109 Memorandum in Opposition to Motion, #111 Response in Opposition to Motion, #110 Response in Opposition to Motion,,, Plaintiffs' Notice of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Fegan, Elizabeth) |
| Filing 123 ENTRY of Appearance by Steven J. Simerlein for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (BAK) |
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Filing 122
ORDER - IT IS HEREBY ORDERED that the appropriate Defendant(s) shall file any Reply to the following Motions to Dismiss no later than January 23, 2009: Motion to Dismiss by Defendant Aurora Dairy Corporation [doc. #98]; Motion to Dismiss by Retailer Defendants [doc. #102]; and Motion to Dismiss by Defendant QAI, Inc. [doc. #104]. Plaintiffs have filed a Motion for Leave to File Amended Complaint [doc. #116] in Response to a pending Motion to Strike [doc. #96]. Defendants Response to the Motion for Leave to File Amended Complaint shall be filed no later than January 23, 2009. Any Reply by Plaintiffs shall be filed no later than February 6, 2009. The parties have referred to Plaintiffs Affidavit [doc. #115] pursuant to Rule 56(f) as a pending Motion. The Court does not construe the Affidavit as a pending Motion and does not intend to convert any of the Motions to Dismiss [doc. #98, #102, or #104] into Motions for Summary Judgment and therefore, no Response to Plaintiffs Affidavit is required at this time. If the Court deems it appropriate at a later date to construe said motions as Motions for Summary Judgment, an additional scheduling plan shall be issued by this Court.. Signed by Honorable E. Richard Webber on 12/19/08. (BAK)
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ORDER RECEIPT: (see receipt) Fri Dec 19 09:24:50 CST 2008 (Kirkland, Beth)
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Filing 121
ORDER - IT IS HEREBY ORDERED that the Unopposed Notice of Voluntary Dismissal of Defendant Whole Food Market Group, Inc. is GRANTED. All claims against said Defendant are dismissed without prejudice with each party to bear its own costs. IT IS FURTHER ORDERED that the pending Motion to Dismiss #97 by said Defendant is DENIED, as moot. Signed by Honorable E. Richard Webber on 12/18/08. (BAK) Modified on 12/18/2008 (BAK).
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ORDER RECEIPT: (see receipt) Thu Dec 18 14:58:20 CST 2008 (Kirkland, Beth)
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| Filing 120 MOTION for Extension of Time to File Response/Reply - Defendants' Unopposed Motion for an Extension of Time and Memorandum in Support by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc., Quality Assurance International, Inc.. (Attachments: #1 Proposed Order)Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 119 NOTICE of Voluntary Dismissal by Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham (Attachments: #1 Exhibit 12/15/08 letter from Buckner)(Downing, Don) |
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ORDER RECEIPT: (see receipt) Thu Dec 11 10:23:02 CST 2008 (Berg, Melanie)
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Filing 118
ORDER - IT IS HEREBY ORDERED that Plaintiffs' Unopposed Notice of Voluntary Dismissal of Defendant Publix Super Markets, Inc. #112 is GRANTED. All claims against Defendant Publix Super Markets, Inc. are dismissed without prejudice and without costs. Signed by Honorable E. Richard Webber on 12/10/08. (BAK)
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Filing 117
ORDER granting #113 Motion for Extension of Time to File Response/Reply re #97 MOTION to Dismiss for Lack of Jurisdiction - Whole Foods Market Group, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(b)(2). Responses due by 12/15/2008 Signed by Honorable E. Richard Webber on 12/9/08. (BAK)
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ORDER RECEIPT: (see receipt) Tue Dec 9 16:49:21 CST 2008 (Kirkland, Beth)
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| Filing 116 MOTION for Leave to File Amended Class Action Complaint and Memorandum In Support (Response to Motion to Srike #96 ) by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Attachments: #1 Exhibit A: First Amended Consolidated Class Action Complaint)(Downing, Don) Modified on 12/18/2008 (BAB). |
| Filing 115 AFFIDAVIT Of Don Downing Pursuant to Fed. R. Civ. P. 56(f) by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) |
| Filing 114 PLAINTIFF'S MEMORANDUM relating to Aurora's Motion to Dismiss [doc. #98] - Opposition to Defendant's Alternative Motion for Summary Judgment by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) Modified on 12/9/2008 (BAB). |
| Filing 113 MOTION for Extension of Time to File Response/Reply To Motion To Dismiss Filed By Whole Foods Market Group, Inc. by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) |
| Filing 112 NOTICE of Voluntary Dismissal by Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham (Downing, Don) |
| Filing 111 RESPONSE in Opposition re #104 MOTION to Dismiss Case - Motion to Dismiss of Defendant QAI, Inc. filed by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) |
| Filing 110 RESPONSE in Opposition re #102 MOTION to Dismiss Case - Motion to Dismiss of the Retailer Defendants filed by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Attachments: #1 Exhibit 1: Declaration of Don Downing, #2 Appendix A: Relevant Consumer Protection Laws with no Statutory Exemptions, #3 Appendix B: Relevant State Consumer Protection Laws with Inapplicable Exemptions, #4 Appendix C: Relevant Consumer Protection Laws with Narrowly Drawn Exemptions)(Downing, Don) |
| Filing 109 MEMORANDUM in Opposition re #98 MOTION to Dismiss Case - Motion to Dismiss of Defendant Aurora Dairy Corporation filed by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) |
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Filing 108
ORDERED that the Joint Motion for Briefing Schedule #106 is GRANTED. FURTHER ORDERED that the Motion for Leave to File in Excess of Page Limitation #107 is GRANTED. Please refer to order for all deadlines. Signed by Honorable E. Richard Webber on 10/27/08. (KLH)
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ORDER RECEIPT: (see receipt) Mon Oct 27 13:03:03 CDT 2008 (Hisaw, Kari)
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| Filing 107 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Brenda Gallardo, Noelle Fincham. (Downing, Don) |
| Filing 106 Joint MOTION for Extension of Time to File Response/Reply and for Briefing Schedule by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Brenda Gallardo, Noelle Fincham, Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc., Publix Super Markets, Inc., Whole Foods Market Group, Inc.. (Downing, Don) |
| Filing 105 MEMORANDUM in Support of Motion re #104 MOTION to Dismiss Case - Motion to Dismiss of Defendant QAI, Inc. - Memorandum of Law in Support of Motion to Dismiss of Defendant QAI, Inc. This relates to case nos. 4:08-cv-254-ERW and 4:08-cv-526-ERW. filed by Defendant QAI, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Mester, Mark) |
| Filing 104 MOTION to Dismiss Case - Motion to Dismiss of Defendant QAI, Inc. by Defendant QAI, Inc.. (Mester, Mark) |
| Filing 103 MEMORANDUM in Support of Motion re #102 MOTION to Dismiss Case - Motion to Dismiss of the Retailer Defendants - Memorandum in Support of the Motion to Dismiss of the Retailer Defendants filed by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., Publix Super Markets, Inc., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Errata 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26)(Mester, Mark) |
| Filing 102 MOTION to Dismiss Case - Motion to Dismiss of the Retailer Defendants by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., Publix Super Markets, Inc., Whole Foods Market Group, Inc.. (Mester, Mark) |
| Filing 101 DECLARATION filed by Defendant Aurora Dairy Corporation re (29 in 4:08-cv-00305-ERW, 33 in 4:08-cv-00385-ERW, 28 in 4:08-cv-00280-ERW, 24 in 4:08-cv-00374-ERW, 31 in 4:08-cv-01462-ERW, 42 in 4:08-cv-01460-ERW, 46 in 4:08-cv-01464-ERW, 8 in 4:08-cv-00526-ERW, 42 in 4:07-cv-01701-ERW, 98 in 4:08-md-01907-ERW, 25 in 4:08-cv-00384-ERW, 36 in 4:08-cv-00254-ERW, 25 in 4:08-cv-00391-ERW, 26 in 4:08-cv-00386-ERW, 14 in 4:08-cv-00466-ERW, 11 in 4:08-cv-00444-ERW, 25 in 4:08-cv-00382-ERW, 25 in 4:08-cv-00387-ERW, 26 in 4:08-cv-00371-ERW, 30 in 4:08-cv-00303-ERW) MOTION to Dismiss Case - Declaration of Sally Keefe in Support of the Motion to Dismiss of Defendant Aurora Dairy Corporation. (Attachments: #1 Verification of Signed Original Document (for Sally Keefe))Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 100 STATEMENT of Material Facts re (29 in 4:08-cv-00305-ERW, 33 in 4:08-cv-00385-ERW, 28 in 4:08-cv-00280-ERW, 24 in 4:08-cv-00374-ERW, 31 in 4:08-cv-01462-ERW, 42 in 4:08-cv-01460-ERW, 46 in 4:08-cv-01464-ERW, 8 in 4:08-cv-00526-ERW, 42 in 4:07-cv-01701-ERW, 98 in 4:08-md-01907-ERW, 25 in 4:08-cv-00384-ERW, 36 in 4:08-cv-00254-ERW, 25 in 4:08-cv-00391-ERW, 26 in 4:08-cv-00386-ERW, 14 in 4:08-cv-00466-ERW, 11 in 4:08-cv-00444-ERW, 25 in 4:08-cv-00382-ERW, 25 in 4:08-cv-00387-ERW, 26 in 4:08-cv-00371-ERW, 30 in 4:08-cv-00303-ERW) MOTION to Dismiss Case - Local Rule 7-4.01(E) Statement of Defendant Aurora Dairy Corporation filed by Defendant Aurora Dairy Corporation. Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 99 MEMORANDUM in Support of Motion re (42 in 4:08-cv-01460-ERW, 8 in 4:08-cv-00526-ERW, 98 in 4:08-md-01907-ERW, 25 in 4:08-cv-00387-ERW, 33 in 4:08-cv-00385-ERW, 42 in 4:07-cv-01701-ERW, 25 in 4:08-cv-00384-ERW, 26 in 4:08-cv-00371-ERW, 24 in 4:08-cv-00374-ERW, 31 in 4:08-cv-01462-ERW, 46 in 4:08-cv-01464-ERW, 14 in 4:08-cv-00466-ERW, 11 in 4:08-cv-00444-ERW, 25 in 4:08-cv-00382-ERW, 29 in 4:08-cv-00305-ERW, 28 in 4:08-cv-00280-ERW, 36 in 4:08-cv-00254-ERW, 25 in 4:08-cv-00391-ERW, 26 in 4:08-cv-00386-ERW, 30 in 4:08-cv-00303-ERW) MOTION to Dismiss Case - Memorandum in Support of the Motion to Dismiss of Defendant Aurora Dairy Corporation filed by Defendant Aurora Dairy Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48)Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 98 MOTION to Dismiss Case - Motion to Dismiss of Defendant Aurora Dairy Corporation by Defendant Aurora Dairy Corporation. Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 97 MOTION to Dismiss for Lack of Jurisdiction - Whole Foods Market Group, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(b)(2) - This filing relates to 4:08-cv-00385-ERW and 4:08-cv-00386-ERW by Defendant Whole Foods Market Group, Inc.. (Attachments: #1 Affidavit - Affidavit of Patricia Yost in Support of Motion to Dismiss for Lack of Personal Jurisdiction, #2 Verification of Signed Original Document (for Affidavit of Patricia Yost))(Mester, Mark) |
| Filing 96 MOTION to Strike - Defendants' Motion to Strike the Consolidated Complaint by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., QAI, Inc., Publix Super Markets, Inc., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Mester, Mark) |
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Filing 95
ORDERED that Retailer Defendants' Motion to Exceed Page Limitation #94 is GRANTED. Signed by Honorable E. Richard Webber on 10/17/08. (KLH)
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ORDER RECEIPT: (see receipt) Fri Oct 17 10:19:49 CDT 2008 (Hisaw, Kari)
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ORDER RECEIPT: (see receipt) Fri Oct 17 10:20:02 CDT 2008 (Hisaw, Kari)
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| Filing 94 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of the Retailer Defendants for Leave to File a Memorandum in Excess of the Applicable Page Limitation by Defendants Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., Publix Super Markets, Inc., Whole Foods Market Group, Inc.. (Attachments: #1 Text of Proposed Order)(Mester, Mark) |
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Filing 93
ORDERED that Defendant's Motion to Exceed Page Limitation #92 is GRANTED. Defendant's Memorandum in Support of its Motion to Dismiss consisting of no more than fifty (50) pages, not including certificate of service pages, shall be accepted for filing by this Court. Signed by Honorable E. Richard Webber on 10/15/08. (KLH)
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| Filing 92 MOTION for Leave to File in Excess of Page Limitation - Unopposed Motion of Defendant Aurora Dairy Corporation for Leave to File a Memorandum in Excess of the Applicable Page Limitation by Defendant Aurora Dairy Corporation. (Attachments: #1 Text of Proposed Order)Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 91 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of California Northern; Case Number 3:08-cv-00999, {King v. Safeway, Inc.} and EDMO case number is 4:08cv1464ERW. (Attachments: #1 Docket Sheet CAND)(SAJ) |
| Filing 90 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of California Northern; Case Number 3:07-cv-06174, {Riley v. Safeway, Inc.) and EDMO case number is 4:08cv1462ERW. (Attachments: #1 Docket Sheet CAND)(SAJ) |
| Filing 89 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of California Northern; Case Number 3:07-cv-05331, {Gallardo v. Aurora Dairy Corporation} and EDMO case number is 4:08cv1460ERW. (Attachments: #1 Docket Sheet CAND)(SAJ) |
| Filing 88 NOTICE of Withdrawal by Attorney Suzanna Wasito Tiftickjian (KLH) |
| Filing 87 SUMMONS Returned Executed filed by Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. Whole Foods Market Group, Inc. served on 8/26/2008, answer due 9/15/2008. (Downing, Don) |
| Filing 86 SUMMONS Returned Executed filed by Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. Publix Super Markets, Inc. served on 8/15/2008, answer due 9/4/2008. (Downing, Don) |
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Filing 85
ORDER: (39 in 4:07-cv-01701-ERW, 25 in 4:08-cv-00280-ERW, 22 in 4:08-cv-00391-ERW, 11 in 4:08-cv-00466-ERW, 23 in 4:08-cv-00371-ERW, 22 in 4:08-cv-00382-ERW, 22 in 4:08-cv-00384-ERW, 33 in 4:08-cv-00254-ERW, 8 in 4:08-cv-00444-ERW, 5 in 4:08-cv-00526-ERW, 22 in 4:08-cv-00386-ERW, 26 in 4:08-cv-00303-ERW, 21 in 4:08-cv-00374-ERW, 84 in 4:08-md-01907-ERW, 29 in 4:08-cv-00385-ERW, 26 in 4:08-cv-00305-ERW, 22 in 4:08-cv-00387-ERW) MOTION for Extension of Time to File Answer filed by Publix Super Markets, Inc. is GRANTED. Defendants shall Answer or otherwise respond to Plaintiffs' Consolidated Complaint no later than October 17, 2008. Signed by Honorable E. Richard Webber on September 2, 2008. Associated Cases: 4:08-md-01907-ERW et al.(MCB)
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ORDER RECEIPT: (see receipt) Tue Sep 2 14:45:20 CDT 2008 (Berg, Melanie)
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| Filing 84 MOTION for Extension of Time to File Answer - Unopposed Motion of Defendants for an Extension of Time in Which to Answer or Otherwise Plead in Response to Plaintiffs' Consolidated Complaint. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)Associated Cases: 4:08-md-01907-ERW et al.(Mester, Mark) |
| Filing 83 NOTICE OF PROCESS SERVER by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham Process Server: Polk County Sheriff (Downing, Don) |
| Filing 82 NOTICE OF PROCESS SERVER by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham Process Server: St. Louis County Sheriff (Downing, Don) |
| Filing 81 MEMORANDUM TO CLERK by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Attachments: #1 Summons Publix, #2 Summons Whole Foods Market Group)(Downing, Don) |
| Filing 80 DEMAND for Trial by Jury by Plaintiffs Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Noelle Fincham. (Downing, Don) |
| Filing 79 COMPLAINT (Consolidated) against defendant all defendants Jury Demand,, filed by Diane Benya, Sherry Brice Leigh, Scott Ross, April D Subashe, Rachel VerNooy, Lisa Meacham, Levitte Cruz, Odelia Weiss, Donita Robinson, Tammy Coselli, Hans Kueck, Caryn Hudspeth, Paul Bowen, Leonie Lloyd, Jim Snell, Steve Clark, Elida Gollomp, Claire M. Theodore, Vicki M. Tysseling-Mattiace, Brenda Gallardo, Mona Still, Noelle Fincham.(Downing, Don) |
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ORDER RECEIPT: (see receipt) Wed May 14 10:20:38 CDT 2008 (Hisaw, Kari)
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| Filing 78 CORRECTED CONDITIONAL TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel -- regarding T. King v. Safeway #3:08-999. (KCM) |
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Docket Text ORDER: Motion for Extension of Time [doc. #77] is GRANTED. Plaintiffs' Consolidated Class Action Complaint shall be filed no later than July 18, 2008. Defendants' Answer shall be filed no later than August 29, 2008. Upon receipt of the Answer, the Court will schedule a Rule 16 Conference. So Ordered by Judge E. Richard Webber. (BAB)
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| Filing 77 MOTION for Extension of Time to File Plaintiffs Unopposed Motion for Extension of Time to File A Consolidated Class Action Complaint ;Extension to file the following: Consolidated Class Action Complaint ;Proposed extension date 7/18/2008 by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Ilsa Lee Kaye, Patrick Hudspeth, Caryn Hudspeth, Kristine Mothershead, Paul Bowen, Leonie Lloyd, Elizabeth Cockrell, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Vicki M. Tysseling-Mattiace, Margot A. West, Richard E. Ehly, Channing Hesse, Rebecca Freyre, Hillary White, Lynn Michalson, Fayetta Cowan, Brenda Gallardo, Fernanado Freyre, Nicolle DiSimone, Robert Edward Koch, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Maya Fiallos, In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. (Attachments: #1 Exhibit A - [Proposed] Order)(Fegan, Elizabeth) |
| ***REMARK -- PLEASE NOTE: Transferor court (Northern Dist. of California) notified electronically to send case regarding MDL Transfer Order. (KCM) |
| Filing 76 CONDITIONAL TRANSFER ORDER (CERTIFIED) regarding multidistrict litigation - (Order Vacating Conditional Transfer Order and Vacating the May 29, 2008, Hearing Session) by Clerk of the Panel. (KCM) |
| Filing 75 ENTRY of Appearance by James A. Streett for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (MCB) |
| Filing 74 ENTRY of Appearance by William T. Brown for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Brown, William) |
| Filing 73 ENTRY of Appearance by Edith M. Kallas for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Kallas, Edith) |
| Filing 72 ENTRY of Appearance by Patrick J. Sheehan for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Sheehan, Patrick) |
| ***REMARK re 71 NOTICE by Don Downing. Docketing of Notice incorrectly spread text to all civil cases. All Notices deleted from all civil cases except in 4:08-md-1907 ERW. Attorney's office notified of docketing error. (RJD) |
| Filing 71 NOTICE Fifth Attorney for Steering Committee: by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Paul Bowen, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Vicki M. Tysseling-Mattiace, Channing Hesse, Brenda Gallardo, Nicolle DiSimone, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Maya Fiallos, Robert Edward Koch, Maya Fiallos, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Paul Bowen, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Vicki M. Tysseling-Mattiace, Channing Hesse, Nicolle DiSimone (Attachments: #1 Exhibit Firm Resume)Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) (Additional attachment(s) added on 5/13/2008: #1 Exhibit 1) (MCB). |
| Filing 70 ENTRY of Appearance by Robert M. Bramson for Plaintiff Brenda Gallardo. (Bramson, Robert) |
| ***REMARK re #69 Entry of Appearance by John Emerson. Docketing of Entry incorrectly spread text to all civil cases. All Entries of Appearances deleted from all civil cases except in 4:08-md-1907 ERW and 4:08-cv-385 ERW, where counsel represents listed plaintiffs. Attorney's office notified of docketing error. (KLH) |
| Filing 69 ENTRY of Appearance by John G. Emerson for Plaintiffs Claire M. Theodore, Elisabeth Banse, Claire M. Theodore, Elisabeth Banse. Associated Cases: 4:08-md-01907-ERW et al.(Emerson, John) (KLH). |
| Filing 68 MOTION to Withdraw as Attorney; attorneys Max W. Hittle, Jr. and Greg A. Small by Defendants Aurora Dairy Corporation and Wal-Mart Stores, Inc. (4:08CV466-ERW) (Attachments: #1 Letter, #2 Proposed Order)(RJD) |
| Filing 67 ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 3/28/08 before Judge E. Richard Webber. Court Reporter: G. Madden. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM) |
| Filing 66 NOTICE to Withdraw - Defendants' Motion to Withdraw Counsel by Defendants Aurora Dairy Corporation, Wal-Mart Stores, Inc., Costco Wholesale Corporation, Safeway, Inc., Aurora Dairy Corporation, Aurora Dairy Corporation, Aurora Dairy Corporation, Aurora Dairy Corp., Wal-Mart Stores, Inc., Aurora Dairy Corporation, Costco Wholesale Corporation, Safeway, Inc., Wal-Mart Stores, Inc., Aurora Dairy Corporation, Aurora Dairy Corporation, Costco Wholesale Corporation, Aurora Dairy Corp., Aurora Dairy Corporation, Wal-Mart Stores, Inc., Aurora Dairy Corporation, In Re Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation. Associated Cases: 4:08-md-01907-ERW et al.(Kiser, Livia) Modified on 4/23/2008 (KLH). |
| Filing 65 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED the Motion of the KTHB Group to Appoint Two Co-Lead Counsel, an Executive Committee and Liaison Counsel for the Putative Class is DENIED. IT IS FURTHER ORDERED that The national Plaintiffs Group's Motion to Appoint Co-Interim Class Counsel is DENIED. IT IS FURTHER ORDERED that Mark S. Mester, is appointed Defendants' Lead Counsel. IT IS FURTHER ORDERED that Livia M. Kiser is appointed Defendants' Liaison Counsel. IT IS FURTHER ORDERED that the Plaintiffs' leadership stucture will be (see order for list of attorneys) Plaintiffs' Lead Counsel shall confer and submit the name of a fifth attorney for the Plaintiffs' Steering Committee to the Court no later than 4/25/08. The Steering Committee shall operate under the direction of Lead Counsel and shall assist Lead Counsel in all aspects of the case. IT IS FURTHER ORDERED that Plaintiffs' Lead Counsel shall act on behalf of all Plaintiffs and the other members of the proposed classes as follows: (see order for details). IT IS FURTHER ORDERED that a Consolidated Complaint be filed no later than 5/19/08. IT IS FRUTHER ORDERED that Defendants' Answer be filed no later than 7/3/08. Upon receipt of the Answer, the Court will schedule a Rule 16 Conference. IT IS FURTHER ORDERED that within 10 days, Lead Counsel for Plaintiffs and Defendants should meet and confer regarding the preservation of documents and electronic materials, confidentiality issues, and protective orders. Signed by Honorable E. Richard Webber on 4/18/08. (BAK) Modified on 5/19/2008 (BAB). |
| Filing 64 ENTRY of Appearance by Nadeem Faruqi for Plaintiffs John Barrera, Joseph Villari, Elida Gollomp. (Faruqi, Nadeem) |
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ORDER RECEIPT: (see receipt) Fri Apr 18 15:25:04 CDT 2008 (Kirkland, Beth)
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| Filing 62 NOTICE of Appearance: by Defendant Quality Assurance International, Inc. (McCarthy, Patrick) |
| Filing 63 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from Central District of California, 2:08cv00746 and EDMO case number 4:08cv526ERW. (Attachments: #1 Docket Sheet CACD)(SAJ) |
| Filing 61 ENTRY of Appearance by Jon P. Kardassakis for Defendant Quality Assurance International, Inc. (RJD) |
| Filing 60 ENTRY of Appearance by Herman A. Watson, Jr for Plaintiffs Rebecca Freyre, Fernanado Freyre. (Watson, Herman) |
| Filing 59 ENTRY of Appearance by Joe P. Leniski, Jr for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Leniski, Joe) |
| Filing 58 ENTRY of Appearance by J. Gerard Stranch, IV for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Stranch, J.) |
| Filing 57 REPLY to Response to Motion re (3 in 4:08-cv-00254-ERW, 18 in 4:07-cv-01701-ERW, 3 in 4:08-cv-00280-ERW, 6 in 4:08-md-01907-ERW, 4 in 4:08-cv-00303-ERW, 4 in 4:08-cv-00305-ERW) MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP (Appendix to Reply, including Exhibits A through H) filed by Plaintiffs Kristine Mothershead, Leonie Lloyd. (Attachments: #1 Exhibit USDA Documents, #2 Exhibit Cornucopia Inst. v. USDA, #3 Exhibit NPG Response in Opposition in Intel, #4 Exhibit NPG Reply in Intel Micro., #5 Exhibit Declaration of Thomas A. Tucker Ronzetti, #6 Exhibit Declaration of Elizabeth A. Fegan, #7 Exhibit Declaration of John Campbell, #8 Exhibit Declaration of Stephen Gardner)Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 56 REPLY to Response to Motion re (3 in 4:08-cv-00254-ERW, 18 in 4:07-cv-01701-ERW, 3 in 4:08-cv-00280-ERW, 6 in 4:08-md-01907-ERW, 4 in 4:08-cv-00303-ERW, 4 in 4:08-cv-00305-ERW) MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP filed by Plaintiff Kristine Mothershead. Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 55 ENTRY of Appearance by James G. Stranch, III for Plaintiffs Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse. (Stranch, James) |
| Filing 54 ENTRY of Appearance. (Gardner, Stephen) |
| Filing 53 DECLARATION filed by Plaintiff Mona Still re #52 Response in Opposition to Motion,,,,,, Supplemental Declaration of Adam J. Levitt In Support of the National Plaintiffs Group's Memorandum In Opposition to the KTHB Group's Rule 23(g) Motion. (Attachments: #1 Exhibit A, #2 Exhibit B)(Levitt, Adam) |
| Filing 52 RESPONSE in Opposition re (3 in 4:08-cv-00254-ERW, 18 in 4:07-cv-01701-ERW, 3 in 4:08-cv-00280-ERW, 6 in 4:08-md-01907-ERW, 4 in 4:08-cv-00303-ERW, 4 in 4:08-cv-00305-ERW) MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP filed by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Robert Edward Koch, Rebecca Freyre, Fernanado Freyre, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly. Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) |
| Filing 51 NOTICE Filing Under Seal (KTHB Group): by Plaintiffs Kristine Mothershead, Leonie Lloyd (Campbell, John) |
| Filing 50 NOTICE Filing Under Seal: by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Robert Edward Koch, Rebecca Freyre, Fernanado Freyre, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) |
| Filing 49 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from Southern District of Indiana(Indianapolis), 1:08cv00157 and EDMO case number 4:08cv466ERW. (Attachments: #1 Docket Sheet INSD)(SAJ) |
| ***REMARK -- PLEASE NOTE: Transferor courts (Central Dist. of California and Sourthern Dist. of Indiana) notified electronically to send cases regarding MDL Transfer Order CTO 2. (KCM) |
| Filing 48 MEMORANDUM AND ORDER. ORDERED a Notice of Filing Under Seal should be submitted electronically to the Court on Wednesday, April 9, 2008, at 3:00 p.m., and that relevant information on attorney compensation then be faxed to the Court at (314) 244-7469. FURTHER ORDERED that Motion for Extension of Time #17 is GRANTED. A response to Motion of the KTHB Group to Appoint Two Co-Lead Counsel, an Executive Committee and Liaison Counsel for the Putative Class #6 is due April 9, 2008, and a reply must be filed no later than April 14, 2008. FURTHER ORDERED that a Consolidated Complaint be filed on May 15, 2008, or within 30 days of the appointment of lead counsel, whichever is later. FURTHER ORDERED that Defendants initial responsive pleading be filed June 30, 2008, or within 45 days of the filing of the Consolidated Complaint, whichever is later. FURTHER ORDERED that a Rule 16 Conference will be held approximately 30 days after the appointment of lead counsel. Deadlines for Rule 26(a) disclosures along with a schedule for motions and discovery will be set at that time. FURTHER ORDERED that all discovery will be stayed until the Rule 16 Conference is held. This stay encompasses the eight cases in which Defendants have already filed an Answer. FURTHER ORDERED that within 10 days of the appointment of lead counsel, counsel for Plaintiffs and Defendants should meet and confer regarding the preservation of documents and electronic materials, confidentiality issues, and protective orders. FURTHER ORDERED that any objections to venue will be preserved until after the Court rules on any dispositive motions that are filed in this action. FURTHER ORDERED that the Organic Consumers Association's Motion for Leave to File an Amicus Curiae Brief and Supporting Memorandum #35 is GRANTED. FURTHER ORDERED that the Center for Food Safety's Motion for Leave to File an Amicus Curiae Brief and Supporting Memorandum #36 is GRANTED. FURTHER ORDERED that based upon the prospective filing of a Consolidated Complaint, the Stipulated Request for Extension of Time #39 is DENIED, as MOOT. Signed by Honorable E. Richard Webber on 4/3/08. (KLH) |
| Filing 47 ENTRY of Appearance by Scott E. Poynter for Plaintiffs Claire M. Theodore, Elisabeth Banse. (Poynter, Scott) |
| Filing 46 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred from Southern District of New York (Foley Square), 1:07cv09418 and EDMO case number 4:08cv444ERW. (Attachments: #1 Docket Sheet SDNY)(SAJ) |
| Filing 45 CONDITIONAL TRANSFER ORDER (CERTIFIED) regarding multidistrict litigation - CTO 2 - by Clerk of the Panel. (KCM) |
| Filing 44 Minute Entry for proceedings held before Honorable E. Richard Webber: Motion Hearing held on 3/28/2008. Order to issue. (Court Reporter or FTR Gold Operator initials: G. Madden.) (FTR Gold yes or no: no.) (KLH) |
| Filing 43 ENTRY of Appearance by Kenneth S. Canfield for Plaintiffs Rebecca Freyre, Fernanado Freyre. (KLH) |
| Filing 42 ENTRY of Appearance by Kimberly J. Johnson for Plaintiffs Rebecca Freyre, Fernanado Freyre. (KLH) |
| Filing 41 ENTRY of Appearance by Martha J. Fessenden for Plaintiffs Rebecca Freyre, Fernanado Freyre. (KLH) |
| Filing 40 NOTICE Claims and Defenses Raised in Consolidated Cases: by Plaintiffs Kristine Mothershead, Leonie Lloyd (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 36 MOTION for Leave to File an Amicus Curiae Brief by the Center for Food Safety by Plaintiff Robert Edward Koch. (Attachments: #1 Exhibit Brief Amicus Curiae of the Center for Food Safety)Associated Cases: 4:08-md-01907-ERW et al.(Robertson, Edward) |
| Filing 35 MOTION for Leave to File an Amicus Curiae Brief by the Organic Consumers Association by Plaintiff Robert Edward Koch. (Attachments: #1 Exhibit Amicus Curiae Brief by the Organic Consumers Association)Associated Cases: 4:08-md-01907-ERW et al.(Robertson, Edward) |
| Filing 34 DECLARATION filed by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Robert Edward Koch, Rebecca Freyre, Fernanado Freyre, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly re (27 in 4:07-cv-01701-ERW, 9 in 4:08-cv-00391-ERW, 32 in 4:08-md-01907-ERW, 13 in 4:08-cv-00303-ERW, 12 in 4:08-cv-00280-ERW, 10 in 4:08-cv-00386-ERW, 13 in 4:08-cv-00305-ERW, 9 in 4:08-cv-00382-ERW, 15 in 4:08-cv-00385-ERW, 9 in 4:08-cv-00387-ERW, 9 in 4:08-cv-00374-ERW, 19 in 4:08-cv-00254-ERW, 9 in 4:08-cv-00384-ERW, 10 in 4:08-cv-00371-ERW) MOTION to Appoint Lead Counsel names:Doffermyre Shields Canfield Knowles & Devine, LLC; Gray Ritter & Graham, P.C.; Whatley Drake & Kallas, LLC; Wolf Haldenstein Adler Freeman & Herz LLC. (Attachments: #1 Exhibit A - Doffermyre Firm Resume, #2 Exhibit B - 1 of 3 - Gray Ritter Graham Firm Resume, #3 Exhibit B - 2 of 3 - Gray Ritter Graham Firm Resume, #4 Exhibit B - 3 of 3 - Gray Ritter Graham Firm Resume, #5 Exhibit C - Whatley Firm Resume, #6 Exhibit D - Wolf Firm Resume, #7 Exhibit E - Bartimus Firm Resume, #8 Exhibit F - Branstetter Firm Resume, #9 Exhibit G - Finkelstein Firm Resume, #10 Exhibit H - Herman Firm Resume, #11 Exhibit I - Lane Firm Resume, #12 Exhibit J - Watson Firm Resume)Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) |
| Filing 33 MEMORANDUM in Support of Motion re (9 in 4:08-cv-00382-ERW, 27 in 4:07-cv-01701-ERW, 9 in 4:08-cv-00391-ERW, 32 in 4:08-md-01907-ERW, 15 in 4:08-cv-00385-ERW, 9 in 4:08-cv-00387-ERW, 13 in 4:08-cv-00303-ERW, 12 in 4:08-cv-00280-ERW, 10 in 4:08-cv-00386-ERW, 13 in 4:08-cv-00305-ERW, 9 in 4:08-cv-00374-ERW, 19 in 4:08-cv-00254-ERW, 9 in 4:08-cv-00384-ERW, 10 in 4:08-cv-00371-ERW) MOTION to Appoint Lead Counsel names:Doffermyre Shields Canfield Knowles & Devine, LLC; Gray Ritter & Graham, P.C.; Whatley Drake & Kallas, LLC; Wolf Haldenstein Adler Freeman & Herz LLC filed by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Robert Edward Koch, Rebecca Freyre, Fernanado Freyre, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly. Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) |
| Filing 32 MOTION to Appoint Lead Counsel names:Doffermyre Shields Canfield Knowles & Devine, LLC; Gray Ritter & Graham, P.C.; Whatley Drake & Kallas, LLC; Wolf Haldenstein Adler Freeman & Herz LLC by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Robert Edward Koch, Rebecca Freyre, Fernanado Freyre, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Kristen Finnegan, Amy Forsman, Joy Beckner, Mona Still, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Helen Phillips, Debra Schmidt, Hans Kueck, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly. Associated Cases: 4:08-md-01907-ERW et al.(Downing, Don) |
| Filing 31 SUPPLEMENTAL re (8 in 4:08-cv-00280-ERW, 6 in 4:08-cv-00371-ERW, 5 in 4:08-cv-00387-ERW, 5 in 4:08-cv-00382-ERW, 5 in 4:08-cv-00374-ERW, 9 in 4:08-cv-00303-ERW, 23 in 4:07-cv-01701-ERW, 11 in 4:08-cv-00385-ERW, 28 in 4:08-md-01907-ERW, 5 in 4:08-cv-00391-ERW, 9 in 4:08-cv-00305-ERW, 6 in 4:08-cv-00386-ERW, 15 in 4:08-cv-00254-ERW, 5 in 4:08-cv-00384-ERW) Notice (Other), Notice (Other) - Proposed Case Management Order No. 1 by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc., Quality Assurance International, Inc., Case Vander Eyk, Jr. d/b/a Case Vander Eyk, Jr. Dairy. Associated Cases: 4:08-md-01907-ERW et al.(Kiser, Livia) |
| Filing 30 NOTICE Filing Application of William N. Riley for Appointment to the Plaintiffs' Executive Committee: by Plaintiffs Patrick Hudspeth, Caryn Hudspeth, Patrick Hudspeth, Caryn Hudspeth Associated Cases: 4:08-md-01907-ERW et al.(Riley, William) |
| Filing 29 NOTICE Plaintiffs' Proposed Agenda and Case Management Order: by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Ilsa Lee Kaye, Patrick Hudspeth, Caryn Hudspeth, Kristine Mothershead, Paul Bowen, Leonie Lloyd, Elizabeth Cockrell, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Vicki M. Tysseling-Mattiace, Margot A. West, Richard E. Ehly, Channing Hesse, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter, Maya Fiallos, Defendant Safeway, Inc. (Attachments: #1 Exhibit A)Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 28 NOTICE by Defendants Aurora Dairy Corporation, Target Corp., Wal-Mart Stores, Inc., Wild Oats Market, Inc., Costco Wholesale Corporation, Safeway, Inc. , Quality Assurance International, Inc., Case Vander Eyk, Jr. d/b/a Case Vander Eyk, Jr. Dairy - Defendants' Proposed Agenda for the March 28, 2008 Initial Scheduling Conference (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 4:08-md-01907-ERW et al.(Kiser, Livia) |
| Filing 27 NOTICE by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Jim Snell, Steve Clark, John Barrera, Joseph Villari, Elida Gollomp, Claire M. Theodore, Elisabeth Banse, Margot A. West, Richard E. Ehly, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter of Recommendation of Liaison Counsel (Attachments: #1 Exhibit A - Edward Robertson Resume)(Downing, Don) |
| Filing 26 ENTRY of Appearance by Bryan D. LeMoine for Defendant Aurora Dairy Corporation. (LeMoine, Bryan) |
| Filing 25 NOTICE Compliance with Court's Practice and Procedure Order: by Plaintiffs Kristine Mothershead, Leonie Lloyd Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 39 MOTION for Extension of Time to file an answer or other responsive pleading by Defendant Quality Assurance International, Inc. (RJD) |
| Filing 38 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Quality Assurance International, Inc. Parent companies: NSF Acquisition Two, LLC. Subsidiaries: None. Publicly held company: None. (RJD) |
| Filing 37 ENTRY of Appearance by Tracy C. Litzinger for Defendant Quality Assurance International, Inc. (RJD) |
| Filing 23 RESPONSE to Motion re (17 in 4:08-md-01907-ERW) MOTION for Extension of Time to File Response/Reply and Supporting Memorandum filed by Plaintiffs Kristine Mothershead, Leonie Lloyd. Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 24 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred from the Western District of Washington, 2:07cv01975 and EDMO case 4:08cv391ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 22 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of Colorado, 1:07cv02625 and EDMO case 4:08cv387ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 21 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of Colorado, 1:07cv02622 and EDMO case 4:08cv386ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 20 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of Colorado, 1:07cv02449 and EDMO case 4:08cv385ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 19 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of Colorado, 1:07cv02285 and EDMO case 4:08cv384ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 18 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from Eastern District of Arkansas(Little Rock), 4:08cv00010 and EDMO case 4:08cv382ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 17 MOTION for Extension of Time to File Response/Reply and Supporting Memorandum by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Rebecca Freyre, Fernanado Freyre, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter. (Neill, Thomas) |
| Filing 16 RESPONSE to Motion re #6 MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP Declaration of Jody R. Krisiloff In Support Of Case Management Structure To Include Lead Counsel, Liason Counsel And Executive And/Or Steeting Committee And Requesting That Lovell Stewart Halebian, LLP Be Appointed To Such Executive And/Or Steering Committee filed by Plaintiff Ilsa Lee Kaye. (Krisiloff, Jody) |
| Filing 15 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from District of Minnesota(DMN), 0:07cv04755 and EDMO case 4:08cv374ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 14 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from Eastern District of New York (Central Islip), 2:07cv04425 and EDMO case 4:08cv371ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 12 ENTRY of Appearance by Thomas K. Neill for Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Laurelanne Davis, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter. (Neill, Thomas) |
| ***REMARK - PLEASE NOTE- transferor courts - Eastern District Arkansas, Northern District California, District of Colorado, District of Minnesota, Eastern District of New York, and Western District of Washington notified electronically to send cases regarding CTO 1, and transferor court Southern District of New York notified by mail to send case regarding CTO 1. (SAC) |
| Filing 13 CONDITIONAL TRANSFER ORDER (CERTIFIED) regarding multidistrict litigation - CTO 1 - by Clerk of the Panel. (SAC) |
| Filing 11 RESPONSE to Motion (FILED IN ERROR TO BE REFILED WHEN CIVIL TAG ALONG CASE IS TRANSFERRED PER MDL) re #6 MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP Declaration of Jody R. Krisiloff In Support of Case Management Structure To Include Lead Counsel, Liason Counsel And Executive And/Or Steering Committee And Requesting That Lovell Stewart Halebian, LLP Be Appointed To Such Executive And/Or Steering Committee. (Krisiloff, Jody) Modified on 3/18/2008 (MCB). |
| Filing 10 PRACTICE AND PROCEDURE ORDER: Initial Scheduling Conference set for 3/28/2008 at 1:30 PM in Courtroom 12S before Honorable E. Richard Webber. No later than March 25, 2008, counsel shall furnish suggestions for items to be included on the agenda for this conference. At least one counsel for each party shall appear in person for the conference. Telephone conferences will not be permitted at this hearing. Signed by Honorable E. Richard Webber on 3/14/08. (Attachment: #(1) Panel Attorney Service List)(RJD) (Additional attachment(s) added on 3/19/2008: #2 Practice and Procedure Order Upon Transfer Pursuant to 28 U.S.C. Section 1407(a)) (MCB). Modified on 3/27/2008 (BAB). |
| Filing 9 MOTION for Hearing re (8 in 4:08-md-01907-ERW) MOTION for Hearing /Status or Case Management Conference and Memorandum in Support Thereof by Plaintiff Robert Edward Koch. Associated Cases: 4:08-md-01907-ERW et al.(Hirsch, Andrea) |
|
ORDER RECEIPT: (see receipt) Fri Mar 14 16:55:33 CDT 2008 (Douglas, Ronald)
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| Filing 8 MOTION for Hearing /Status or Case Management Conference and Memorandum in Support Thereof by Plaintiffs Kristen Finnegan, Amy Forsman, Joy Beckner, Naomi Mardock, Olive Knaus, Liana Hoodes, Donita Robinson, Ilene Rachford, Lisa Hopkins, Caryn Poirier, Erin Diserens, Tammy Coselli, Debra Haines, Debra Schmidt, Hans Kueck, Mona Still, Helen Phillips, Eve Hana, Jeanmarie Zirger, Kim King, Noelle Fincham, Oksana Jensen, Gabriela Waschewsky, Debbie Millikan, Joan Scheutz, Sandie Regan, Steve Shriver, Mary Elbertai, Eileen Ptak, Cynthia Roche-Cotter. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Downing, Don) |
| Filing 7 MEMORANDUM in Support of Motion re (4 in 4:08-cv-00303-ERW, 3 in 4:08-cv-00254-ERW, 18 in 4:07-cv-01701-ERW, 3 in 4:08-cv-00280-ERW, 6 in 4:08-md-01907-ERW, 4 in 4:08-cv-00305-ERW) MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP filed by Plaintiffs Kristine Mothershead, Leonie Lloyd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 6 MOTION to Appoint Lead Counsel names:Kozyak Tropin & Throckmorton PA and Hagens Berman Sobol Shapiro LLP by Plaintiffs Kristine Mothershead, Leonie Lloyd. Associated Cases: 4:08-md-01907-ERW et al.(Campbell, John) |
| Filing 5 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from the District of Colorado, 1:07cv02188 and EDMO case number 4:08cv305ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 4 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred in from the District of Colorado, 1:07cv02183 and EDMO case number 4:08cv303ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| Filing 3 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel.Case transferred from the Eastern District of Missouri(St. Louis), 4:07cv1701 ERW. (SAJ) |
| Filing 2 TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Case transferred from the Southern District of Florida(Miami), 1:07cv22748 and EDMO case number 4:08cv280 ERW. (Attachments: #1 Docket Sheet)(SAJ) |
| ***REMARK - PLEASE NOTE: Transferor courts (Dist. of Colorado, Southern Dist. of Florida, and Eastern Dist. of Missouri) notified electronically to send cases regarding MDL Transfer Order filed 2/20/07 listed on Schedule A. (SAC) |
| Filing 1 TRANSFER ORDER received from the MDL Panel establishing a multidistrict litigation: IN RE: Aurora Dairy Corp. Organic Milk Marketing and Sales Practices Litigation; cases for coordinated or consolidation of pretrial proceedings are Rebecca Freyre, et al. v. Aurora Dairy Corp., C.A. No. 1:07-2183(District of Colodrado); Mona Still, et al. v. Aurora Dairy Corp., C.A. No. 1:07-2188 (District of Colodrado); Maya Fiallos v. Aurora Dairy Corp., C.A. No. 1:07-22748(Southern District of Florida); Kristine Mothershead, et al. v. Aurora Dairy Corp., C.A. No. 4:07-1701(Eastern District of Missouri). Signed for the Panel: D. Lowell Jensen, Acting Chairman on 02/20/2008. (SAJ) |
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