SPITZENBERGER et al v. BEECH-NUT NUTRITION COMPANY, INC. et al
Plaintiff: D.M.P., ANNIE POMPA MOREJON, C.R.C., JESSENIA PLASCENCIA, D.P. and MARGARET PETNEAUD
Defendant: RUBY PEREZ CHINO, BEECH-NUT NUTRITION COMPANY, INC., PLUM PBC and SPROUT FOODS, INC.
Petitioner: TIMOTHY SPITZENBERGER
Respondent: C.V.P., AMERICA CARDONA, J.P., GERBER PRODUCTS COMPANY, WALMART, INC. and R.C.
Interested Party: PLUM PBC doing business as PLUM ORGANICS and ALFRED WAYSLOW
Case Number: 1:2023cv12103
Filed: August 28, 2023
Court: US District Court for the District of New Jersey
Presiding Judge: Christine P O'Hearn
Referring Judge: Elizabeth A Pascal
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2023 Opinion or Order Filing 17 TEXT ORDER: The Court having received and considered (1) Interested Party Dr. Alfred Wayslow's September 8, 2023 letter, ECF No. 14, requesting to withdraw his Motion to Quash, ECF No. 7; (2) Petitioner Timothy Spitzenberger's September 8, 2023 letter, ECF No. 15, requesting to withdraw his Motions to Quash, ECF Nos. 1, 9; and (3) Interested Party Plum, PBC's September 8, 2023 letter, ECF No. 16, requesting to withdraw its Motions to Quash, ECF Nos. 4, 13; and the Court noting that the Petitioner and all Interested Parties agree that Respondents no longer intend to enforce the relevant subpoenas; and for good cause shown; it is ORDERED that all pending Motions to Quash in this matter, ECF Nos. 1, 4, 7, 9, 13, are WITHDRAWN. Because there are no further motions pending, it is further ORDERED that the Clerk of Court shall ADMINISTRATIVELY TERMINATE this matter. So Ordered by Magistrate Judge Elizabeth A. Pascal on 9/11/2023. (bda)
September 8, 2023 Filing 16 Letter from Defendant Plum, PBC. (YEARY, MICHELLE)
September 8, 2023 Filing 15 Letter re #9 MOTION to Quash/Compel/Enforce , #1 MOTION to Quash/Compel/Enforce Subpoenas ( Filing fee $ 49 receipt number ANJDC-14600715.). (ROSE, BETH)
September 8, 2023 Filing 14 Letter from Alfred Wayslow, DO. (RIGDEN, JOHN)
September 7, 2023 Set Deadlines as to #13 MOTION to Quash/Compel/Enforce Amended Deposition Subpoena on Non-Party Witness Dr. Alfred Wayslow. Motion set for 10/2/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag)
September 6, 2023 Filing 13 MOTION to Quash/Compel/Enforce Amended Deposition Subpoena on Non-Party Witness Dr. Alfred Wayslow by PLUM PBC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(YEARY, MICHELLE)
September 6, 2023 Filing 12 NOTICE by PLUM PBC of Motion to Quash Amended Deposition Subpoena of Non-Party Witness Dr. Alfred Wayslow (YEARY, MICHELLE)
September 6, 2023 Opinion or Order Filing 11 TEXT ORDER: The Motion to Quash Subpoena Served by Plaintiffs to Alfred Wayslow, filed by Dr. Alfred Wayslow, (ECF No. 7), and the Motion to Quash Amended Deposition Subpoena of Non-Party Witness Dr. Alfred Wayslow, filed by Plumb, PBC, (ECF No. 8), are hereby ADMINISTRATIVELY TERMINATED, without prejudice, for failure to comply with Local Civil Rule 7.1, as the moving party failed to file a brief or statement pursuant to Local Civil Rule 7.1(d)(4). Parties are directed to re-file the motions and with a legal brief, which seems appropriate to the Court, or statement as to why no brief is necessary. So Ordered by Judge Christine P. O'Hearn on 9/6/23. (hem, )
September 5, 2023 Filing 10 BRIEF in Support filed by TIMOTHY SPITZENBERGER re #9 MOTION to Quash/Compel/Enforce (Attachments: #1 Declaration of Beth S. Rose, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J, #9 Exhibit K, #10 Text of Proposed Order)(ROSE, BETH)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
September 5, 2023 Filing 9 MOTION to Quash/Compel/Enforce by TIMOTHY SPITZENBERGER. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit G)(ROSE, BETH)
September 5, 2023 Set Deadlines as to #9 MOTION to Quash/Compel/Enforce. Motion set for 10/2/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag)
September 5, 2023 Set Deadlines as to #4 MOTION to Quash/Compel/Enforce , #1 MOTION to Quash/Compel/Enforce Subpoenas ( Filing fee $ 49 receipt number ANJDC-14600715.), #7 MOTION to Quash/Compel/Enforce Subpoena, #8 MOTION to Quash/Compel/Enforce Deposition of Alfred Wayslow. Motion set for 10/2/2023 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmw)
September 1, 2023 Filing 8 MOTION to Quash/Compel/Enforce Deposition of Alfred Wayslow by PLUM PBC. (Attachments: #1 Declaration, #2 Statement Notice of Motion, #3 Text of Proposed Order)(YEARY, MICHELLE)
September 1, 2023 Filing 7 MOTION to Quash/Compel/Enforce Subpoena by Alfred Wayslow. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(RIGDEN, JOHN)
September 1, 2023 Filing 6 NOTICE of Appearance by JOHN SAXBY RIGDEN, II on behalf of Alfred Wayslow (RIGDEN, JOHN)
August 30, 2023 Filing 5 Exhibit to #1 Motion to Quash/Compel/Enforce Civil Cover Sheet by TIMOTHY SPITZENBERGER. (ROSE, BETH)
August 28, 2023 Judge Christine P. O'Hearn and Magistrate Judge Elizabeth A. Pascal added. (dmw)
August 28, 2023 Filing 4 MOTION to Quash/Compel/Enforce by PLUM PBC. (Attachments: #1 Statement Notice of Motion, #2 Declaration, #3 Text of Proposed Order)(YEARY, MICHELLE)
August 28, 2023 Filing 3 NOTICE of Appearance by VINCENT R. LODATO on behalf of TIMOTHY SPITZENBERGER (LODATO, VINCENT)
August 28, 2023 Filing 2 BRIEF in Support filed by TIMOTHY SPITZENBERGER re #1 MOTION to Quash/Compel/Enforce Subpoenas ( Filing fee $ 49 receipt number ANJDC-14600715.) (Attachments: #1 Declaration of T. Spitzenberger, #2 Declaration of B. Rose, #3 Exhibit A, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit G)(ROSE, BETH)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
August 28, 2023 Filing 1 MOTION to Quash/Compel/Enforce Subpoenas ( Filing fee $ 49 receipt number ANJDC-14600715.), filed by TIMOTHY SPITZENBERGER. (Attachments: #1 Exhibit B, #2 Exhibit F, #3 Exhibit H, #4 Text of Proposed Order)(ROSE, BETH)

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Search for this case: SPITZENBERGER et al v. BEECH-NUT NUTRITION COMPANY, INC. et al
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Plaintiff: D.M.P.
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Plaintiff: ANNIE POMPA MOREJON
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Plaintiff: C.R.C.
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Plaintiff: JESSENIA PLASCENCIA
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Plaintiff: D.P.
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Plaintiff: MARGARET PETNEAUD
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Respondent: C.V.P.
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Respondent: AMERICA CARDONA
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Respondent: J.P.
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Respondent: GERBER PRODUCTS COMPANY
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Respondent: WALMART, INC.
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Respondent: R.C.
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Petitioner: TIMOTHY SPITZENBERGER
Represented By: VINCENT R. LODATO
Represented By: BETH S. ROSE
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Defendant: RUBY PEREZ CHINO
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Defendant: BEECH-NUT NUTRITION COMPANY, INC.
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Defendant: PLUM PBC
Represented By: MICHELLE HART YEARY
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Defendant: SPROUT FOODS, INC.
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Interested party: PLUM PBC doing business as PLUM ORGANICS
Represented By: MICHELLE HART YEARY
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Interested party: ALFRED WAYSLOW
Represented By: JOHN SAXBY RIGDEN, II
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