Forsher v. J.M. Smucker Co.
| Graham Forsher |
| J.M. Smucker Co. |
| 5:2019cv00194 |
| January 25, 2019 |
| U.S. District Court for the Northern District of Ohio |
| John R Adams |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2020. A more recent docket listing may be available from PACER.
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Filing 96
Order that Defendant's Motion to Dismiss (Doc. #89 ) is GRANTED. Plaintiff's Complaint is dismissed in its entirety. Furthermore, Plaintiff's Motion to Change or Transfer Venue to the Northern District of California (Doc. #93 ) is DENIED AS MOOT. Judge John R. Adams on 3/31/20. (K,C)
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 95 Marginal Entry Order granting Defendant's Motion to Suspend Briefing (Related Doc #94 ). Judge John R. Adams on 9/25/19.(K,C) |
| Filing 94 Motion to Suspend Briefing on Plaintiff's #93 Motion to Transfer Venue filed by Defendant J.M. Smucker Co.. (Attachments: #1 Memorandum in Support of Defendant's Motion to Suspend Briefing on Plaintiff's Motion to Transfer Venue)(Rothstein, Ronald) |
| Filing 93 Motion to change/transfer venue to the United States District Court for the Northern District of California Pursuant to 28 U.S.C. Section 1404(a) filed by Plaintiff Graham Forsher. (Attachments: #1 Brief in Support)(Goldenberg, Jeffrey) |
| Filing 92 Reply in support of #87 Motion to dismiss filed by J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 91 Address Change Notice by George V. Granade, II filed by on behalf of Graham Forsher. (Granade, George) |
| Filing 90 Memorandum in Opposition to #87 Motion to dismiss filed by Graham Forsher. (Weiner, Melissa) |
| Filing 89 Motion by Adrianne K. Rosenbluth to withdraw as attorney filed by Defendant J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 88 Brief In Support Of Its Motion To Dismiss filed by J.M. Smucker Co.. Related document(s) #87 . (Attachments: #1 Exhibit 1, Reliance and Notice to Remote Manufacturer Required) (Rosenbluth, Adrianne) |
| Filing 87 Motion to dismiss filed by Defendant J.M. Smucker Co.. (Wrong attorney s/_____) (Rosenbluth, Adrianne) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Maura T. Levine-Patton for J.M. Smucker Co. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #86 ). Judge John R. Adams on 6/6/19.(K,C)
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| Filing 86 Motion for attorney Maura Levine-Patton to Appear Pro Hac Vice for Defendant J.M. Smucker Co. Filing fee $ 120, receipt number 54660007080. (Attachments: #1 Certificate of Good Standing)(S,HR) |
| Filing 85 Transcript of Status Conference held on May 9, 2019 before Judge John R. Adams. To obtain a bound copy of this transcript please contact court reporter Caroline Mahnke at 330-252-6021. [20 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/10/2019. Redaction Request due 6/24/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. Related document(s) #84 . (M,Ca) |
| Filing 84 Expedited Non-Appeal Transcript Order Form for proceedings held on 5/14/2019 before Judge Hon. John R. Adams, Court Reporter: Caroline Mahnke. Requested completion date: 6/3/2019 filed by J.M. Smucker Co. (Rosenbluth, Adrianne) Document unsigned . (S,HR). |
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Filing 83
Order that motions to dismiss are due 7/1/19 with oppositions due 8/19/19 and replies due 9/4/19. Discovery is stayed until the motions to dismissed are decided. Judge John R. Adams on 5/14/19. (K,C)
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| Minutes of proceedings[non-document] before Judge John R. Adams. Status Conference held on 5/9/19. (Court Reporter: Caroline Mahnke.)Time: 30 Mins. (K,C) |
| Filing 82 Marginal Entry Order granting in part Defendant's Motion to continue the status conference (Related Doc #80 ). The motion misstates the date of the status hearing. The Status Conference is rescheduled to 5/9/2019 at 12:30 PM in Courtroom 575 before Judge John R. Adams. Note change in the time only. Judge John R. Adams on 5/7/19.(K,C) |
| Filing 81 Joint Status Report filed by J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 80 Unopposed Motion to continue Status Hearing scheduled for Tuesday, April 30, 2019 filed by Defendant J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 79 Marginal Entry Order granting Plaintiff's Motion to attend the status hearing by telephone (Related Doc #78 ). Plaintiff shall call the Court and appear by phone at the May 9, 2019 conference. Judge John R. Adams on 5/3/19.(K,C) |
| Filing 78 Unopposed Motion to attend Status Hearing scheduled for May 9, 2019 by telephone filed by Plaintiff Graham Forsher. (Goldenberg, Jeffrey) |
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Filing 77
Order granting the parties stipulated forms and format (Doc. #75 ). Judge John R. Adams on 4/4/19.(K,C)
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Filing 76
Order granting the joint #74 Consent Motion to continue Status Hearing currently scheduled for April 30, 2019. Status Conference rescheduled to 5/9/2019 at 10:00 AM in Courtroom 575 before Judge John R. Adams. Judge John R. Adams on 4/3/19. (K,C)
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| Filing 75 Stipulated forms and format for document productions with exhibit a-b, fields for production and proposed order filed by Defendant J.M. Smucker Co.. (Rothstein, Ronald) |
| Filing 74 Joint Motion to continue Status Hearing currently scheduled for April 30, 2019 filed by Plaintiff Graham Forsher. Related document(s) #73 . (Attachments: #1 Proposed Order)(Reese, Michael) |
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Filing 73
Order. This matter was transferred to this District and is now pending before this Court. In view of the transfer, all motions listed as pending (Doc. #s #12 , #17 , #18 , #21 , #23 , #29 ) will be terminated, subject to refiling as necessary after a status hearing. A status hearing will be held with counsel present before the Court in Courtroom 575 on Tuesday, April 30, 2019 at 10:00 a.m. If any counsel has a conflict with this date, please confer with opposing counsel and present three mutually-acceptable alternate dates to the Court via a written motion to continue. Judge John R. Adams on 03/28/2019. (M,TL)
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| Filing 72 Protective Order regarding confidential documents. (Related Doc. #71 .) Judge John R. Adams on 3/21/19. (S,HR) |
| Filing 71 Proposed Stipulated Protective Order filed by Defendant J.M. Smucker Co. (Rothstein, Ronald) Modified event on 3/21/2019 (S,HR). |
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Order [non-document] granting Motions for appearance pro hac vice by Attorney Melissa S. Weiner, Attorney George V. Granade, and Attorney Michael R. Reese representing Plaintiff Graham Forsher and the proposed class. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #68 ), (Related Doc #69 ), and (Related Doc #70 ). Judge John R. Adams on 3/1/19.(K,C)
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| Filing 70 Motion for attorney George V. Granade, II to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9148643, filed by Plaintiff Graham Forsher. (Attachments: #1 Exhibit Declaration of George V. Granade)(Goldenberg, Jeffrey) |
| Filing 69 Motion for attorney Michael R. Reese to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9148602, filed by Plaintiff Graham Forsher. (Attachments: #1 Exhibit Declaration of Michael R. Reese)(Goldenberg, Jeffrey) |
| Filing 68 Motion for attorney Melissa S. Weiner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9148415, filed by Plaintiff Graham Forsher. (Attachments: #1 Exhibit Certificate of Good Standing)(Goldenberg, Jeffrey) |
| Filing 67 Attorney Appearance by Jeffrey S. Goldenberg filed by on behalf of Graham Forsher. (Goldenberg, Jeffrey) |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Christopher M. Hynes. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #66 ). Judge John R. Adams on 2/14/19.(K,C)
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| Filing 66 Motion for attorney Christopher M. Hynes to Appear Pro Hac Vice on behalf of Defendant J.M. Smucker Co. Filing fee $ 120, receipt number 54660006927. (Attachments: #1 Certificate of Good Standing)(S,HR) |
| Filing 65 Corporate Disclosure Statement filed by J.M. Smucker Co.. (Rothstein, Ronald) |
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Order [non-document] granting Motion for appearance pro hac vice for Attorney Adrianne Rosenbluth and Attorney Ronald Rothstein for Defendant J.M. Smucker Co. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #63 ) &(Related Doc #64 ). Judge John R. Adams on 2/8/19.(K,C)
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| Filing 64 Motion for attorney Ronald Rothstein to Appear Pro Hac Vice on behalf of Defendant J.M. Smucker Co. Filing fee $ 120, receipt number 54660006920. (Attachments: #1 Certificate of Good Standing)(S,HR) |
| Filing 63 Motion for attorney Adrianne Rosenbluth to Appear Pro Hac Vice on behalf of Defendant J.M. Smucker Co. Filing fee $ 120, receipt number 54660006921. (Attachments: #1 Certificate of Good Standing)(S,HR) |
| Notice to Attorney Michael Robert Reese. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney George Volney Granade, II. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Melissa S. Weiner. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) Modified middle initial on 2/14/2019 (O,K). |
| Notice to Attorney Kenneth K. Lee. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Adrianne K. Rosenbluth. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Christopher Hynes. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Notice to Attorney Ronald Y. Rothstein. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,WL) |
| Filing 62 Magistrate Consent Form issued. (M,TL) |
| Filing 61 CASE TRANSFERRED IN from District of New York Eastern. Case number 1:15-cv-07180. Electronic file, transfer order and docket sheet received. |
| Judge John R. Adams assigned to case. (M,TL) |
| Case transferred to District of Northern District of Ohio. Copy of file, transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Almonte, Giselle) [Transferred from nyed on 1/25/2019.] |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), J.M. Smucker Co. is reminded of the requirement to file a corporate disclosure statement. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
| Copy of #62 Magistrate Consent Form and docket sheet mailed to attorney George Volney Granade, II, Reese LLP, 100 West 93rd Street, 16th floor, New York, NY 10025; attorney Melissa W. Weiner, Halunen & Associates, 1650 Ids Center, 80 South Eighth Street, Minneapolis, MN 55402; attorney Michael Robert Reese, Reese LLP, 100 West 93rd Street, 16th floor, New York, NY 10025; attorney Adrianne K. Rosenbluth, Winston & Strawn/Chicago, 35 West Wacker Drive, Chicago, IL 60601; attorney Christopher Hynes, Winston & Strawn LLP, 200 Park Avenue, New York, NY 10166 and attorney Ronald Y. Rothstein, Winston & Strawn LLP, 35 W. Wacker Drive, Chicago, IL 60601 on 01/25/2019. (M,TL) |
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Filing 60
MEMORANDUM AND ORDER: The Court finds that venue is not appropriate in this district and that transfer is warranted. Taking into account the factors described above, most notably the convenience of material witnesses and the fact that the location of Defendant's strategic decisions regarding product labeling and nutritional content is the strongest contender for the "locus of operative facts," Defendant's motion to transfer venue to the Northern District of Ohio is granted. So Ordered by Judge Raymond J. Dearie on 1/16/2019. (Almonte, Giselle) [Transferred from nyed on 1/25/2019.]
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| Filing 59 Letter brief to Hon. J. Dearie re proper venue by Graham Forsher (Attachments: #1 Exhibit A) (Weiner, Melissa) [Transferred from nyed on 1/25/2019.] |
| Filing 58 Letter brief to Hon. Raymond J. Dearie re proper venue, by The J.M. Smucker Co. (Attachments: #1 Declaration of Jeannette Knudsen in Support) (Rothstein, Ronald) [Transferred from nyed on 1/25/2019.] |
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ORDER finding as moot #54 Motion for Pre Motion Conference. In light of the current impasse between the parties, the Court will accept letter briefs addressing (1) whether venue is proper in this district and (2) even if venue is proper, whether the interests of justice will be furthered by transferring this action to either the Northern District of Ohio or the Northern District of California. The parties shall submit letter briefs not to exceed three pages according to the following schedule: Defendant will submit its letter brief by 5:00 PM on Friday, January 4, 2019. Plaintiff will respond by 5:00 PM on Friday January 11, 2019. No reply will be filed unless requested by the Court. So Ordered by Judge Raymond J. Dearie on 12/18/2018. (Baker, Nathalie) [Transferred from nyed on 1/25/2019.]
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| Filing 57 Letter to Hon. Raymond J. Dearie from Ronald Y. Rothstein in response to 12/13/2018 Order and re: setting deadlines as to #54 Letter Motion for pre motion conference re: bases for anticipated motion to transfer venue, by The J.M. Smucker Co. (Rothstein, Ronald) [Transferred from nyed on 1/25/2019.] |
| Filing 56 Letter to Judge Gold with Update from the Parties Regarding Discovery in response to November 21, 2018 Order (ECF No. 50) by Graham Forsher (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 55 REPLY in Opposition re Order,, #54 Letter MOTION for pre motion conference re: bases for anticipated motion to transfer venue, filed by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
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ORDER re #54 The Court is in receipt of Defendant's December 12, 2018 letter regarding its impending venue transfer motion. Defendant's letter brings to light serious questions as to whether venue is in any event proper in this district. U.S. ex rel. Sero v. Preiser, 506 F.2d 1115, 1129 (2d Cir. 1974); Kruse v. Wells Fargo Home Mortg., Inc., 2006 WL 1212512, at *7 (E.D.N.Y. May 3, 2006). Unless the parties can resolve the venue issue by agreement the case will proceed to motion practice. The parties are advised that if they cannot reach a swift agreement regarding venue, the Court will shortly rule on Defendant's motion to dismiss. SO ORDERED by Judge Raymond J. Dearie on 12/13/2018. (Baker, Nathalie) [Transferred from nyed on 1/25/2019.]
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| Filing 54 Letter MOTION for pre motion conference re: bases for anticipated motion to transfer venue, by The J.M. Smucker Co.. (Rothstein, Ronald) [Transferred from nyed on 1/25/2019.] |
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Filing 53
ORDER granting #49 Motion to Substitute Attorney. Added attorney Christopher Hynes for The J.M. Smucker Co. Attorney Kenneth K. Lee and Dean N. Panos terminated. So Ordered by Judge Raymond J. Dearie on 11/20/2018. (Almonte, Giselle) [Transferred from nyed on 1/25/2019.]
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Filing 52
ORDER granting #48 Motion to Substitute Attorney. Added attorney Adrianne K. Rosenbluth for The J.M. Smucker Co. Attorney Kenneth K. Lee and Dean N. Panos terminated. So Ordered by Judge Raymond J. Dearie on 11/20/2018. (Almonte, Giselle) [Transferred from nyed on 1/25/2019.]
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Filing 51
ORDER granting #47 Motion to Substitute Attorney. Added attorney Ronald Y. Rothstein for The J.M. Smucker Co. Attorney Kenneth K. Lee and Dean N. Panos terminated. So Ordered by Judge Raymond J. Dearie on 11/20/2018. (Almonte, Giselle) [Transferred from nyed on 1/25/2019.]
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| Filing 50 Minute Entry: Telephone Conference held on 11/19/2018 before Magistrate Judge Steven M. Gold. Weiner and Granade for plaintiff, Rothstein and Hynes for defendant. Plaintiff's application to list the discovery stay is granted to the extent indicated on the record. Counsel shall confer on a discovery plan consistent with the limitations indicated by the Court today and submit a letter by December 17, 2018, reporting on their progress reaching agreement with respect to a first round of discovery. (FTR Log #3:00-3:16.) (Gillespie, Saudia) [Transferred from nyed on 1/25/2019.] |
| Filing 49 MOTION to Substitute Attorney Christopher Hynes as counsel of record in place of Dean N. Panos and Kenneth K. Lee, by The J.M. Smucker Co.. (Hynes, Christopher) [Transferred from nyed on 1/25/2019.] |
| Filing 48 MOTION to Substitute Attorney Adrianne Rosenbluth as counsel of record in place of Dean N. Panos and Kenneth K. Lee, by The J.M. Smucker Co.. (Rosenbluth, Adrianne) [Transferred from nyed on 1/25/2019.] |
| Filing 47 MOTION to Substitute Attorney Ronald Rothstein as counsel of record in place of Dean N. Panos and Kenneth K. Lee, by The J.M. Smucker Co.. (Rothstein, Ronald) [Transferred from nyed on 1/25/2019.] |
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ORDER granting #44 Motion for Discovery; granting #44 Motion to Lift Stay, to the extent and for the reasons stated during the conference held earlier today. Ordered by Magistrate Judge Steven M. Gold on 11/19/2018. (Gold, Steven) [Transferred from nyed on 1/25/2019.]
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SCHEDULING ORDER: A telephone conference will be held at 3:00 p.m. on November 19, 2018 before the undersigned. Counsel for all parties must participate. Counsel for plaintiff is directed to arrange the call with all parties as well as immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/7/2018. (Gillespie, Saudia) [Transferred from nyed on 1/25/2019.]
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| Filing 46 MOTION to Appear Pro Hac Vice of Ronald Y. Rothstein, Filing fee $ 150, receipt number ANYEDC-10910044. by The J.M. Smucker Co.. (Attachments: #1 Affidavit of Ronald Y. Rothstein, with Certificates of Good Standing, #2 Proposed Order re: Admission to Practice Pro Hac Vice) (Rothstein, Ronald) [Transferred from nyed on 1/25/2019.] |
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ORDER: Granting #46 Motion for Leave to Appear Pro Hac Vice. Attorney Ronald Y. Rothstein shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 11/6/2018. (Gillespie, Saudia) [Transferred from nyed on 1/25/2019.]
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| Filing 45 RESPONSE in Opposition re #44 Letter MOTION for Discovery to request that the Court lift the discovery stay MOTION to Stay re #30 Order on Motion to Stay filed by The J.M. Smucker Co.. (Hynes, Christopher) [Transferred from nyed on 1/25/2019.] |
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ORDER: Granting #43 Motion for Leave to Appear Pro Hac Vice. Attorney Adrianne K. Rosenbluth shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 10/30/2018. (Gillespie, Saudia) [Transferred from nyed on 1/25/2019.]
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| Filing 44 Letter MOTION for Discovery to request that the Court lift the discovery stay, MOTION to Stay re #30 Order on Motion to Stay by Graham Forsher. (Weiner, Melissa) [Transferred from nyed on 1/25/2019.] |
| Filing 43 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10878527. by The J.M. Smucker Co.. (Attachments: #1 Affidavit of Adrianne K. Rosenbluth, with Certificate, #2 Proposed Order) (Rosenbluth, Adrianne) [Transferred from nyed on 1/25/2019.] |
| Filing 42 NOTICE of Appearance by Christopher Hynes on behalf of The J.M. Smucker Co. (aty to be noticed) (Hynes, Christopher) [Transferred from nyed on 1/25/2019.] |
| Filing 41 Letter re Notice of Supplemental Authority in Opposition to Motion to Dismiss by Graham Forsher (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
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ORDER granting #39 Motion to Set Aside. The Order staying the present action #32 is vacated. The Court will proceed to consider the motion to dismiss #24 . So ordered by Judge Raymond J. Dearie on 9/12/2018. (Ryan, Victoria) [Transferred from nyed on 1/25/2019.]
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| Filing 40 RESPONSE in Opposition re #39 Letter MOTION to Set Aside #38 Memorandum & Opinion filed by The J.M. Smucker Co.. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
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Opposition to #39 Motion to Set Aside, if any, should be filed by 5:00 P.M. on Friday, April 6, 2018. So ordered by Judge Raymond J. Dearie on 3/30/2018. (Ryan, Victoria) [Transferred from nyed on 1/25/2019.]
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| Filing 39 Letter MOTION to Set Aside #38 Memorandum & Opinion by Graham Forsher. (Weiner, Melissa) [Transferred from nyed on 1/25/2019.] |
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Filing 38
MEMORANDUM AND ORDER: for the reasons stated, we will continue to wait, hopeful that the agency will act or at a minimum assure us that responsive agency action is forthcoming. SO Ordered by Judge Raymond J. Dearie on 9/27/2017. (Ramesar, Thameera) [Transferred from nyed on 1/25/2019.]
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| Filing 37 REPLY in Support re #36 Order, Question for Counsel filed by The J.M. Smucker Co.. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
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Filing 36
ORDER re #35 Reply in Opposition filed by The J.M. Smucker Co. Question for Counsel: What evidence supports the assertion that "the FDA is actively engaged in a (relevant) rulemaking process." SO Ordered by Judge Raymond J. Dearie on 8/2/2017. (Ramesar, Thameera) [Transferred from nyed on 1/25/2019.]
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| Filing 35 REPLY in Opposition re #34 MOTION to Set Aside Order, #32 Order on Motion to Dismiss for Failure to State a Claim,,,,, REQUEST TO LIFT STAY DUE TO INACTIVITY OF FDA filed by The J.M. Smucker Co.. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
| Filing 34 MOTION to Set Aside Order, #32 Order on Motion to Dismiss for Failure to State a Claim,,,,, REQUEST TO LIFT STAY DUE TO INACTIVITY OF FDA by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
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ORDER re #33 Status Report filed by The J.M. Smucker Co. The request to lift the stay in this matter is denied with leave to renew in 120 days. So Ordered by Judge Raymond J. Dearie on 3/24/2017. (Downing, Casey) [Transferred from nyed on 1/25/2019.]
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| Filing 33 STATUS REPORT Letter (Joint) by The J.M. Smucker Co. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
| Case Reassigned to Magistrate Judge Steven M. Gold. Magistrate Judge Marilyn D. Go no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August) [Transferred from nyed on 1/25/2019.] |
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Filing 32
MEMORANDUM AND ORDER: For the reasons stated on the record during oral argument on October 13, 2016, as well as the reasons articulated in Magistrate Judge Go's Order dated September 30, 2016, ECF No. 30, the Court orders that this case be stayed pending the FDA's rulemaking process. The Court does so with the hope and expectation that the FDA will complete its process expeditiously and enable this matter-and others around the country-to proceed in a timely fashion. Defendant's motion to dismiss, ECF No. 24, is denied, without prejudice to defendant renewing the motion if and when the present stay is lifted. The parties are directed to provide the Court with a joint status report no later than March 1, 2017. If there is any material development with respect to the FDA's rulemaking process in the interim, however, the parties are directed to notify the Court promptly. Plaintiff also asks the Court to permit limited discovery at this time on the question of whether defendant's products were, in fact, prepared using sugar beets derived from genetically modified seed varieties, rather than sugar cane or other varieties of sugar beets. Plaintiffs request is denied. Such discovery may proceed if and when the present stay is lifted. Ordered by Judge Raymond J. Dearie on 10/18/2016. (Rodriguez, Lori) [Transferred from nyed on 1/25/2019.]
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| Filing 31 Minute Entry for proceedings held before Judge Raymond J. Dearie: Plaintiff Counsel: Michael Reese and George Granade, Deft Counsel: Dean Panos. Oral Argument held on 10/13/2016. Case called for Oral Argument. Argument Heard. The case is stayed for the reasons stated on the record. Defendant's Motion to Dismiss is denied without prejudice to deft renewing the motion if and when the present stay is lifted. (Court Reporter ESR) (Rodriguez, Lori) [Transferred from nyed on 1/25/2019.] |
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Filing 30
ORDER granting #20 Motion to Stay pending disposition of defendant's motion to dismiss. Ordered by Magistrate Judge Marilyn D. Go on 9/30/2016. (Proujansky, Josh) [Transferred from nyed on 1/25/2019.]
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| Filing 29 Letter re Notice of Supplemental Authority in Support of Motion to Dismiss by The J.M. Smucker Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
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ELECTRONIC ORDER finding as moot #28 Motion for Oral Argument Date. See scheduling order dated 9/23/2016. So Ordered by Judge Raymond J. Dearie on 9/23/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC ORDER finding as moot #27 Motion to Continue. See scheduling order dated 9/23/16. So Ordered by Judge Raymond J. Dearie on 9/23/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC SCHEDULING ORDER: re #24 Motion to Dismiss for Failure to State a Claim filed by The J.M. Smucker Co. Counsel are advised that ORAL ARGUMENT has been rescheduled to 10/13/2016 at 11:30 AM in Courtroom 10A South before the undersigned. So Ordered by Judge Raymond J. Dearie on 9/23/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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| Filing 28 Consent MOTION for Hearing re #24 Motion to Dismiss for Failure to State a Claim Requesting noon on September 22, 2016 for hearing by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 27 Consent MOTION to Continue Hearing Scheduled for August 12, 2016 by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 26 MEMORANDUM in Opposition re #24 Motion to Dismiss for Failure to State a Claim filed by Graham Forsher. (Attachments: #1 Declaration of George Granade in Support of Opposition to Motion to Dismiss, #2 Exhibit A to Granade Declaration) (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 25 REPLY in Support re #24 Motion to Dismiss for Failure to State a Claim filed by The J.M. Smucker Co.. (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 24 Motion to Dismiss for Failure to State a Claim by The J.M. Smucker Co.. (Attachments: #1 Memorandum in Support of Smucker's Motion to Dismiss, #2 Declaration of Kenneth K. Lee In Support of Smucker's Motion to Dismiss) (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 23 Letter in support of its request for stay of discovery by The J.M. Smucker Co. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
| Filing 22 REPLY in Opposition to Defendant's Motion for a Stay #20 filed by Graham Forsher. (Attachments: #1 Exhibit A (Opposition to Motion to Dismiss), #2 Exhibit B (Defendant's Responses to Interrogatories)) (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 21 Letter Letter Enclosing Plaintiff's Opposition to Defendant's Motion to Dismiss by Graham Forsher (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
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SCHEDULING ORDER: re #20 Letter filed by The J.M. Smucker Co. Plaintiff's response to defendant's motion to stay must be filed by 5/23/2016 and must include a copy of plaintiff's opposition to the motion to dismiss. Ordered by Magistrate Judge Marilyn D. Go on 5/10/2016. (Proujansky, Josh) [Transferred from nyed on 1/25/2019.]
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| Filing 20 Letter seeking stay of discovery by The J.M. Smucker Co. (Attachments: #1 Exhibit A) (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
| Filing 19 NOTICE of Appearance by George Volney Granade, II on behalf of Graham Forsher (aty to be noticed) (Granade, George) [Transferred from nyed on 1/25/2019.] |
| Filing 18 Letter Enclosing Smucker's Motion to Dismiss and Supporting Documents by The J.M. Smucker Co. (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
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ELECTRONIC ORDER re #17 Letter filed by The J.M. Smucker Co., requesting a briefing schedule for its' anticipated motion to dismiss complaint. Schedule set as follows: motion due 4/25/16; opposition due 5/18/16; reply due 6/6/16. Oral Argument scheduled for 8/12/16 at 12:00pm, to be held in Courtroom 10A S. Counsel are directed to follow the Court's Individual Motion Practices. Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 3/30/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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| Filing 17 Letter by The J.M. Smucker Co. (Panos, Dean) [Transferred from nyed on 1/25/2019.] |
| Filing 16 Minute Entry for proceedings held before Judge Raymond J. Dearie: Plaintiff Counsel: Michael Reese, Deft. Counsel: Dean Panos and Kenneth Lee. Telephonic Pre Motion Conference held on 3/9/2016. Case called for telephonic pre motion conference. Counsel on line. Counsel advise that they do not require a court reporter. Discussion held. Counsel for Deft will electronically file a status report after conferring with his client not later than 03/28/2016. (Rodriguez, Lori) [Transferred from nyed on 1/25/2019.] |
| Minute Entry for Initial Conference held on 3/9/2016 before Magistrate Judge Marilyn D. Go: Appearances by M. Reese for plaintiff; D. Panos, K. Lee for defendant. Automatic disclosures must be served by 3/30/16. A further conference will be set after defendant files a status report, as directed by Judge Dearie. FTR/C 3:55-4:00. (Hugh, Lewis) [Transferred from nyed on 1/25/2019.] |
| NOTICE TO ATTORNEYS: The Pre Motion Conference currently scheduled for 3/9/16 at 3:00pm is converted into a telephone conference. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.] |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Melissa Wolchansky, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiff. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 3/3/2016. (Proujansky, Josh) [Transferred from nyed on 1/25/2019.]
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8424514. by Graham Forsher. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Admission to Practice Pro Hac Vice, #4 Certificate of Service) (Wolchansky, Melissa) [Transferred from nyed on 1/25/2019.] |
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Filing 14
ORDER GOVERNING DISCOVERY. Ordered by Magistrate Judge Marilyn D. Go on 2/23/2016. (Hugh, Lewis) [Transferred from nyed on 1/25/2019.]
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Filing 13
ORDER GOVERNING INITIAL CONFERENCE AND REQUIRED DISCLOSURE: An initial conference following Judge Dearie's pre-motion conference will be held in the above-captioned case on March 9, 2016, at 3:30 p.m., before Marilyn D. Go, United States Magistrate Judge. Parties must discuss the matters set forth in the attached order and questionnaire. Counsel for plaintiff is responsible for confirming that all necessary participants are aware of this conference. Ordered by Magistrate Judge Marilyn D. Go on 2/23/2016. (Hugh, Lewis) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC RE-SCHEDULING ORDER AS TO TIME ONLY: Counsel are advised that due to the Court's unavailability at 11:15am, the time for the Pre Motion Conference scheduled for 3/9/2016 is moved from 11:15am to 3:00 PM in Courtroom 10A South before the undersigned. Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 2/22/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Dean Panos, is permitted to argue or try this action in whole or in part as counsel or advocate for defendant. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 1/20/2016. (Proujansky, Josh) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC ORDER finding as moot #9 defendant's request for a pre motion conference. See electronic scheduling order entered 1/20/16. So Ordered by Judge Raymond J. Dearie on 1/20/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC ORDER finding as moot #8 Motion for Settlement Conference. See electronic scheduling order entered 1/20/16. So Ordered by Judge Raymond J. Dearie on 1/20/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC ORDER finding as moot #6 Motion for Settlement Conference. See electronic scheduling order entered 1/20/16. So Ordered by Judge Raymond J. Dearie on 1/20/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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ELECTRONIC SCHEDULING ORDER: re #9 Letter request of defense counsel for a pre motion conference, filed by The J.M. Smucker Co. Counsel are advised that a Pre Motion Conference is scheduled for 3/9/2016 at 11:15 AM in Courtroom 10A South before the undersigned. Response to above letter due on or before 1/29/16. Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 1/20/2016. (Mulqueen, Ellen) [Transferred from nyed on 1/25/2019.]
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| Filing 12 Letter by The J.M. Smucker Co. (Attachments: #1 Affidavit Certificate of Good Standing) (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 11 RESPONSE to Motion re #9 Letter MOTION to Dismiss filed by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
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SCHEDULING ORDER: the movant must supplement by 1/22/16 his #10 MOTION for Leave to Appear Pro Hac Vice Dean N. Panos by filing a letter attaching a certificate of good standing, as required by Local Civil Rule 1.3(c). Ordered by Magistrate Judge Marilyn D. Go on 1/19/2016. (Proujansky, Josh) [Transferred from nyed on 1/25/2019.]
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Dean N. Panos Filing fee $ 150, receipt number 0207-8305898. by The J.M. Smucker Co.. (Attachments: #1 Proposed Order, #2 Affidavit) (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 9 Letter MOTION to Dismiss by The J.M. Smucker Co.. (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 8 MOTION for Hearing by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 7 NOTICE of Appearance by Kenneth K. Lee on behalf of The J.M. Smucker Co. (aty to be noticed) (Lee, Kenneth) [Transferred from nyed on 1/25/2019.] |
| Filing 6 MOTION for Hearing by Graham Forsher. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Graham Forsher. The J.M. Smucker Co. waiver sent on 12/18/2015, answer due 2/16/2016. (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Filing 4 Summons Issued as to The J.M. Smucker Co.. (Davis, Kimberly) [Transferred from nyed on 1/25/2019.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from nyed on 1/25/2019.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from nyed on 1/25/2019.] |
| Filing 1 COMPLAINT against The J.M. Smucker Co. filing fee $ 400, receipt number 0207-8247556 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Graham Forsher. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Reese, Michael) [Transferred from nyed on 1/25/2019.] |
| Case Assigned to Judge Raymond J. Dearie and Magistrate Judge Marilyn D. Go. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from nyed on 1/25/2019.] |
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