Cousino v. Whole Foods Market, Inc.
Plaintiff: Lynn Marie Cousino
Defendant: Whole Foods Market, Inc., Mrs. Gooch's Natural Food Markets, Inc., Whole Foods Market Group, Inc. and WFM Southern Nevada, Inc.
Case Number: 2:2017cv02531
Filed: September 28, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Jennifer A Dorsey
Referring Judge: Peggy A Leen
Nature of Suit: Consumer Credit
Cause of Action: 15:1681
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2018 Civil Case Terminated pursuant to #44 Notice Voluntary Dismissal. (MMM)
June 12, 2018 Filing 44 NOTICE of Voluntary Dismissal with Prejudice; filed by Plaintiff Lynn Marie Cousino. (Clark, Miles)
May 3, 2018 Opinion or Order 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)
April 30, 2018 Filing 42 NOTICE of Pending Settlement by Lynn Marie Cousino. (Clark, Miles)
March 21, 2018 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)
March 21, 2018 Filing 40 NON-OPPOSITION to #39 Motion for Leave to File Document, by Plaintiff Lynn Marie Cousino. (Clark, Miles)
March 21, 2018 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)
March 8, 2018 Opinion or Order 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)
March 8, 2018 Opinion or Order 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)
March 7, 2018 Filing 36 STIPULATION (Proposed) Stipulated Protective Order by Plaintiff Lynn Marie Cousino. (Clark, Miles)
March 7, 2018 Opinion or Order Filing 35 STIPULATION and Order for ESI Discovery Protocol by Plaintiff Lynn Marie Cousino. (Clark, Miles)
February 28, 2018 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)
February 28, 2018 Opinion or Order 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)
February 27, 2018 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)
February 22, 2018 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)
February 22, 2018 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)
February 20, 2018 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)
February 16, 2018 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)
February 12, 2018 Filing 27 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Lynn Marie Cousino Special Scheduling Review Requested (Clark, Miles)
February 8, 2018 Opinion or Order 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)
February 7, 2018 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).
February 5, 2018 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)
January 26, 2018 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)
January 25, 2018 Opinion or Order 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)
January 25, 2018 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)
January 24, 2018 Opinion or Order 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)
January 24, 2018 Filing 19 First STIPULATION FOR EXTENSION OF TIME re #14 Motion to Dismiss, by Plaintiff Lynn Marie Cousino. (Clark, Miles)
January 16, 2018 Opinion or Order 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)
January 16, 2018 Opinion or Order 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)
January 16, 2018 Opinion or Order 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)
January 16, 2018 Opinion or Order 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)
January 16, 2018 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)
January 16, 2018 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)
January 16, 2018 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)
January 16, 2018 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)
January 16, 2018 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)
January 10, 2018 Opinion or Order 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)
January 9, 2018 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)
January 9, 2018 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)
January 9, 2018 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)
January 9, 2018 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).
December 4, 2017 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)
September 29, 2017 Filing 3 Summons Issued as to Whole Foods Market, Inc.. (MMM)
September 28, 2017 Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Peggy A. Leen. (MMM)
September 28, 2017 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)
September 28, 2017 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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Search for this case: Cousino v. Whole Foods Market, Inc.
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Plaintiff: Lynn Marie Cousino
Represented By: David H. Krieger
Represented By: Miles N Clark
Represented By: Sean N. Payne
Represented By: Matthew I Knepper
Represented By: Sean N Payne
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Defendant: Whole Foods Market, Inc.
Represented By: Christopher R Miltenberger
Represented By: Mark E Ferrario
Represented By: Scott C. Holbrook
Represented By: Ann Yackshaw
Represented By: Daniel R. Warren
Represented By: John H. Hempfling, II
Represented By: Dante A. Marinucci
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Defendant: Mrs. Gooch's Natural Food Markets, Inc.
Represented By: Christopher R Miltenberger
Represented By: Mark E Ferrario
Represented By: Scott C. Holbrook
Represented By: Ann Yackshaw
Represented By: Daniel R. Warren
Represented By: John H. Hempfling, II
Represented By: Dante A. Marinucci
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Defendant: Whole Foods Market Group, Inc.
Represented By: Christopher R Miltenberger
Represented By: Mark E Ferrario
Represented By: Scott C. Holbrook
Represented By: Ann Yackshaw
Represented By: Daniel R. Warren
Represented By: John H. Hempfling, II
Represented By: Dante A. Marinucci
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Defendant: WFM Southern Nevada, Inc.
Represented By: Christopher R Miltenberger
Represented By: Mark E Ferrario
Represented By: Scott C. Holbrook
Represented By: Ann Yackshaw
Represented By: Daniel R. Warren
Represented By: John H. Hempfling, II
Represented By: Dante A. Marinucci
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