Cousino v. Whole Foods Market, Inc.
| Lynn Marie Cousino |
| Whole Foods Market, Inc., Mrs. Gooch's Natural Food Markets, Inc., Whole Foods Market Group, Inc. and WFM Southern Nevada, Inc. |
| 2:2017cv02531 |
| September 28, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Jennifer A Dorsey |
| Peggy A Leen |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Both |
Docket Report
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| Civil Case Terminated pursuant to #44 Notice Voluntary Dismissal. (MMM) |
| Filing 44 NOTICE of Voluntary Dismissal with Prejudice; filed by Plaintiff Lynn Marie Cousino. (Clark, Miles) |
Filing 43
ORDER re: #42 Notice of Pending Settlement. ORDERED that the parties shall have until June 29, 2018 to either file a stipulation to dismiss with prejudice, or a joint status report advising when the stipulation to dismiss will be filed. Signed by Magistrate Judge Peggy A. Leen on 5/3/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 42 NOTICE of Pending Settlement by Lynn Marie Cousino. (Clark, Miles) |
| Filing 41 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 3/21/2018. Re #39 Motion for Leave to File Supplemental Authority. Good cause appearing, IT IS HEREBY ORDERED that the Motion for Leave #39 is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 40 NON-OPPOSITION to #39 Motion for Leave to File Document, by Plaintiff Lynn Marie Cousino. (Clark, Miles) |
| Filing 39 First MOTION for Leave to File Supplemental Authority re #14 Motion to Dismiss, by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Attachments: #1 Exhibit A - Decision In Re Zappos.com, Inc.) (Miltenberger, Christopher) |
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Filing 38
STIPULATED PROTECTIVE ORDER re #36 Stipulation for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 3/8/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 37
ORDER granting #35 Stipulation for ESI Discovery Protocol. Signed by Magistrate Judge Peggy A. Leen on 3/8/2018.(Copies have been distributed pursuant to the NEF - MMM)
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| Filing 36 STIPULATION (Proposed) Stipulated Protective Order by Plaintiff Lynn Marie Cousino. (Clark, Miles) |
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Filing 35
STIPULATION and Order for ESI Discovery Protocol by Plaintiff Lynn Marie Cousino. (Clark, Miles)
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| Filing 33 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MMM) |
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Filing 32
SCHEDULING ORDER re: #27 Proposed Discovery Plan/Scheduling Order. Discovery due by 10/17/2018. Motions due by 11/16/2018. Proposed Joint Pretrial Order due by 12/14/2018. Signed by Magistrate Judge Peggy A. Leen on 2/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 34 MINUTES OF PROCEEDINGS - Scheduling Conference held on 2/27/2018 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Sean Payne, Esq.; Def Counsel: Christopher Miltenberger, Esq., Scott Holbrook, Esq.; Time of Hearing: 10:45am; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 10:46:20 - 10:55:27; Courtroom: 3B; Counsel have submitted a Proposed Discovery Plan and Scheduling Order #27 , which requests special scheduling review but does not provide additional details regarding the nature of the case or the need for extended deadline. The Court hears the representations of Counsel. IT IS ORDERED: Proposed Discovery Plan and Scheduling Order #27 is GRANTED, and the Court informs counsel that any additional request for extension of these deadlines will be scrutinized for a strong showing of good cause and due diligence. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen on 2/22/2018, re: 30 Notice Setting Hearing. The 30 Notice Setting Hearing for 3/6/2018 was entered in error and shall be terminated, as a Scheduling Conference is already scheduled for 2/27/2018 at 10:45 a.m.(no image attached) (Copies have been distributed pursuant to the NEF - TKH) |
| Filing 30 Notice filed in error by clerks office and is terminated. NOTICE Setting Hearing: A Scheduling Conference is set for 3/6/2018 at 10:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties' #27 Proposed Discovery Plan and Scheduling Order. (no image attached) (TKH) |
| Filing 29 NOTICE Setting Hearing: A Scheduling Conference is set for 2/27/2018 at 10:45 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties' #27 Proposed Discovery Plan and Scheduling Order. (no image attached) (TKH) |
| Filing 28 REPLY to Response to #14 Motion to Dismiss, by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Miltenberger, Christopher) |
| Filing 27 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Lynn Marie Cousino Special Scheduling Review Requested (Clark, Miles) |
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Filing 26
ORDER Granting #25 Stipulation to Extend Time to Reply re #14 Motion to Dismiss. Replies due by 2/16/2018. Signed by Judge Jennifer A. Dorsey on 2/8/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 25 STIPULATION FOR EXTENSION OF TIME (First Request) re #14 Motion to Dismiss by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Miltenberger, Christopher) Modified docket entry relationships on 2/7/2018 (DKJ). |
| Filing 24 RESPONSE to #14 Motion to Dismiss, by Plaintiff Lynn Marie Cousino. Replies due by 2/12/2018. (Attachments: #1 Exhibit A) (Clark, Miles) |
| Filing 23 CERTIFICATE of Interested Parties by Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Whole Foods Market, Inc. for Mrs. Gooch's Natural Food Markets, Inc., Whole Foods Market Group, Inc.; Corporate Parent Walnut Sub Properties, LLC for Whole Foods Market, Inc.; Corporate Parent Mrs. Gooch's Natural Food Markets, Inc. for WFM Southern Nevada, Inc. added. (Miltenberger, Christopher) |
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Filing 22
ORDER granting #21 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John H. Hempfling, II and approving Designation of Local Counsel Mark E. Ferrario. Signed by Judge Jennifer A. Dorsey on 1/25/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MMM)
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| Filing 21 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by John H. Hempfling II and DESIGNATION of Local Counsel Mark E. Ferrario (Filing fee $ 250 receipt number 0978-4943280) by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Ferrario, Mark) |
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Filing 20
ORDER Granting #19 Stipulation to Extend Time to Respond re: #14 Motion to Dismiss. Responses due by 2/5/2018. Signed by Judge Jennifer A. Dorsey on 1/24/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 19 First STIPULATION FOR EXTENSION OF TIME re #14 Motion to Dismiss, by Plaintiff Lynn Marie Cousino. (Clark, Miles) |
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Filing 18
ORDER Granting #13 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Ann Yackshaw and approving Designation of Local Counsel. Signed by Judge Jennifer A. Dorsey on 1/16/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 17
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Scott C. Holbrook and approving Designation of Local Counsel Mark E. Ferrario. Signed by Judge Jennifer A. Dorsey on 1/16/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MMM)
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Filing 16
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Dante A. Marinucci and approving Designation of Local Counsel Mark E. Ferrario. Signed by Judge Jennifer A. Dorsey on 1/16/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MMM)
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Filing 15
ORDER Granting #10 Verified Petition for Permission to Practice Pro Hac Vice by Attorney Daniel R. Warren and approving Designation of Local Counsel Mark E. Ferrario. Signed by Judge Jennifer A. Dorsey on 1/16/2018. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MMM)
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| Filing 14 MOTION to Dismiss #4 Amended Complaint, by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. Responses due by 1/30/2018. (Attachments: #1 Exhibit A - Whole Foods Market Payment Card Investigation Update, #2 Exhibit B - Declaration of Timothy Horn) (Ferrario, Mark) |
| Filing 13 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ann Yackshaw and DESIGNATION of Local Counsel M (Filing fee $ 250 receipt number 0978-4929532) by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Ferrario, Mark) |
| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Scott C. Holbrook and DESIGNATION of Local Counsel Mark E. Ferrario (Filing fee $ 250 receipt number 0978-4929519) by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Ferrario, Mark) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Dante A. Marinucci and DESIGNATION of Local Counsel Mark E. Ferrario (Filing fee $ 250 receipt number 0978-4929491) by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Ferrario, Mark) |
| Filing 10 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daniel R. Warren and DESIGNATION of Local Counsel Mark E. Ferrario (Filing fee $ 250 receipt number 0978-4929432) by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Ferrario, Mark) |
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Filing 9
ORDER Granting #5 Stipulation to Extend Time to Answer/Respond re: #4 Amended Complaint Mrs. Gooch's Natural Food Markets, Inc. answer due 1/16/2018; WFM Southern Nevada, Inc. answer due 1/16/2018; Whole Foods Market Group, Inc. answer due 1/16/2018; Whole Foods Market, Inc. answer due 1/16/2018. Signed by Magistrate Judge Peggy A. Leen on 1/10/2018. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 8 NOTICE of Corrected Image/Document re #5 Stipulation, by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Service of corrected image is attached.) (Miltenberger, Christopher) |
| Filing 7 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Daniel R. Warren and Scott R. Holbrook to comply with completion and electronic filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website #www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 2/23/2018. (no image attached) (DKJ) |
| Filing 6 NOTICE: Attorney Action Required to #5 Stipulation. ERROR: Stipulation is not dated. CORRECTION: Attorney Christopher R Miltenberger advised to correct the deficiency and file a Notice of Corrected Image/Document event under the Notices category and link to #5 Stipulation. (no image attached) (DKJ) |
| Filing 5 STIPULATION FOR EXTENSION OF TIME (First Request) re #4 Amended Complaint, by Defendants Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc., Whole Foods Market Group, Inc., Whole Foods Market, Inc.. (Miltenberger, Christopher) Corrected Image #8 Attached on 1/10/2018 (TR). |
| Filing 4 First AMENDED COMPLAINT with Jury Demand against Whole Foods Market, Inc., Whole Foods Market Group, Inc., Mrs. Gooch's Natural Food Markets, Inc., WFM Southern Nevada, Inc. by Lynn Marie Cousino. Adds new parties. Proof of service due by 3/4/2018.(Clark, Miles) |
| Filing 3 Summons Issued as to Whole Foods Market, Inc.. (MMM) |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Peggy A. Leen. (MMM) |
| Filing 2 CERTIFICATE of Interested Parties filed by Lymm Lynn Marie Cousino. There are no known interested parties other than those participating in the case . (Krieger, David) |
| Filing 1 COMPLAINT against Whole Foods Market, Inc. (Filing fee $400 receipt number 0978-4793460), filed by Lymm Lynn Marie Cousino. Proof of service due by 12/27/2017. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Krieger, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (MMM). |
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