J. M. Smucker Company et al v. JBS USA Food Company et al
| The J. M. Smucker Company, Big Heart Pet Brands, Inc. and J. M. Smucker Company |
| JBS USA Food Company, JBS Souderton, Inc., JBS USA Food Company doing business as JBS USA, LLC and JBS Souderton, Inc. doing business as MOPAC |
| 5:2019cv01717 |
| July 29, 2019 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on January 22, 2020. A more recent docket listing may be available from PACER.
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Filing 31
Order of Dismissal with Prejudice. (Related Doc. No. #30 ). Judge Sara Lioi on 1/22/2020. (D,N)
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| Filing 30 Joint Stipulation of Dismissal with Prejudice Under FRCP 41(a)(1) (A) filed by All Plaintiffs. (Bollinger, Daniel) |
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Filing 29
Order: Counsel having advised the Court that the case has settled, this case hereby is dismissed. Any and all releases, agreements or judgment entries necessary to comply with this settlement shall be executed by the interested parties.A jointly-proposed final Agreed Entry, approved by counsel for all parties, shall be filed with the Court on or before January 17, 2020.This case hereby is closed. Judge Sara Lioi on 12/19/2019. (D,N)
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| Filing 28 Protective Order regarding confidential documents. Judge Sara Lioi on 10/28/2019. (Attachments: #1 Attachment)(D,N) |
| Filing 27 Proposed Stipulated Protective Order filed by Big Heart Pet Brands, Inc., J. M. Smucker Company. (Attachments: #1 Exhibit Acknowledgment of Understanding and Agreement to be Bound)(Bollinger, Daniel) |
| Filing 26 Preliminary Itemization of Defendants' Attorneys' Fees and Costs filed by JBS Souderton, Inc., JBS USA Food Company. (Mitchell, John) |
| Filing 25 Case Management Plan and Trial Order. Case is assigned to the Standard Track; Deadline to add parties or amend pleadings 1/31/2020; Deadline for completing non-expert discovery 5/13/2020; The parties will agree to a method for conducting discovery of electronically-stored information; Deadline for party with burden of proof to identify experts and provide reports 5/29/2020; Deadline to identify rebuttal experts and provide reports 6/19/2020; Deadline for completing expert discovery 7/10/2020; Deadline for filing dispositive motions 8/21/2020; Deadline for filing oppositions to motions 9/18/2020; Deadline for filing replies to responses 10/30/2020; Status Conference set for 12/1/2020 at 10:00 a.m.; Final Pretrial Conference set for 1/28/2021 at 1:30 p.m.; Jury Trial set on two week standby period beginning 2/16/2021 at 8:00 a.m. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 10/21/2019. (Attachments: #1 Appendix A - Final Pretrial Order, #2 Appendix B - Exhibit List, #3 Appendix C - Witness List) (D,S) Modified on 10/21/2019 (D,S). |
| Minutes of proceedings [non-document]: The telephone Case Management Conference was conducted on 10/18/2019 by Law Clerk Sharon Derivan, in lieu of Judge Lioi, who was in trial. Attorneys Fritz Berckmueller and Perlette Michele Jura participated on behalf of plaintiffs; Attorneys Tyler Young, Sarah Brew, and John Mitchell participated on behalf of defendants. Case management dates and deadlines were reviewed with counsel and the same will issue by separate order. Any jointly proposed protective order shall be submitted for the Court's approval in a timely fashion. Counsel confirmed that they have scheduled a private mediation for 11/15/2019 with Peggy Foley Jones and will keep the Court informed as to the outcome. Attorney Berckmueller requested leave to file his clients' attorney's fee itemization under seal. He was advised to file a motion for the Court's consideration. (Court Reporter: None.) (Time: 15 minutes.) (D,S) |
| Filing 24 Preliminary Estimate/Budget of Amount of Fees and Expenses filed by All Plaintiffs. (Bollinger, Daniel) |
| Filing 23 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by J. M. Smucker Company. (Bollinger, Daniel) |
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Order [non-document] granting Motions for appearance pro hac vice by attorneys Sarah L. Brew, Rachael Dettmann Spiegel, and Tyler A. Young for JBS Souderton, Inc. and JBS USA Food Company. 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 Docs #12 , #13 , #22 ). Judge Sara Lioi on 9/9/2019.(O,K)
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| Filing 22 Motion for attorney Tyler A. Young to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9509566, filed by JBS Souderton, Inc., JBS USA Food Company. (Attachments: #1 Exhibit A - Affidavit of Tyler A. Young)(Barrett, Melissa) |
| Filing 21 Case Management Conference Scheduling Order: Telephone case management conference, with counsel only, to be held on October 18, 2019 at 2:00 p.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by September 27, 2019. All other parties must serve on opposing parties the initial disclosures by October 4, 2019. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 9/6/2019. (Attachments: #1 Report of Parties' Planning Meeting)(D,N) |
| Filing 20 Supplement to Motion for attorney Rachael Dettmann Spiegel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9485582, - Affidavit of Rachael Dettmann Spiegel in Support of Motion to Appear Pro Hac Vice, filed by JBS Souderton, Inc., JBS USA Food Company. Related document(s) #13 . (Mitchell, John) |
| Filing 19 Joint SEALED Document:Answer of JBS USA Food Company and JBS Souderton, Inc. D/B/A Mopac to Plaintiffs' Complaint filed by JBS Souderton, Inc., JBS USA Food Company. Related document(s) #18 , #1 . (Mitchell, John) |
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Filing 18
Order granting #16 defendants' Motion to Seal Document; an unredacted copy of #15 defendants' answer shall be filed under seal forthwith; following defendants' filing under seal, the Clerk is directed to grant access to the sealed document for the parties' counsel only, in addition to the Court. As with any document under seal, the Court reserves the right to determine, as the case proceeds, that the document should be unsealed if sealing was inappropriate. Judge Sara Lioi on 8/28/2019. (D,S)
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| Filing 17 Supplement to Motion for attorney Sarah L. Brew to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9485576, - Supplemental Affidavit of Sarah L. Brew in Support of Motion to Appear Pro Hac Vice, filed by JBS Souderton, Inc., JBS USA Food Company. Related document(s) #12 . (Mitchell, John) |
| Filing 16 Motion for leave to file limited portions of defendants' #15 joint answer under seal filed by JBS Souderton, Inc., JBS USA Food Company. (Mitchell, John) |
| Filing 15 Joint Answer to #1 Complaint with Jury Demand filed by JBS Souderton, Inc., JBS USA Food Company. (Mitchell, John) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent JBS S.A. for JBS USA Food Company ; Corporate Parent JBS Packerland, Inc. for JBS Souderton, Inc. filed by JBS Souderton, Inc., JBS USA Food Company. (Mitchell, John) |
| Filing 13 Motion for attorney Rachael Dettmann Spiegel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9485582, filed by JBS Souderton, Inc., JBS USA Food Company. (Attachments: #1 Affidavit of Rachael Dettmann Spiegel)(Mitchell, John) |
| Filing 12 Motion for attorney Sarah L. Brew to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9485576, filed by JBS Souderton, Inc., JBS USA Food Company. (Attachments: #1 Affidavit of Sarah L. Brew)(Mitchell, John) |
| Filing 11 Initial Standing Order. Judge Sara Lioi on 8/11/2019. (Attachments: #1 Exhibit List, #2 Witness List)(D,N) |
| Filing 10 Return of Service upon agreement with counsel for JBS Souderton, Inc., and JBS USA, LLC, by FedEx, executed on 8/1/2019 (FedEx tracking information indicates package was sent to Sarah L Brew signed for by K. Carsi) upon All Defendants, filed on behalf of All Plaintiffs Related document(s) #4 , #1 . (Attachments: #1 Exhibit Proof of Delivery)(Callam, Kelly) Modified text on 9/5/2019 (T,Je). |
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Order [non-document] granting Plaintiff's motion for appearance pro hac vice by Perlette Michele Jura for Big Heart Pet Brands, Inc., and J. M. Smucker Company. 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 #6 ). Judge Sara Lioi on 8/1/2019.(T,Je)
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Order [non-document] granting Plaintiff's motion for appearance pro hac vice by attorney Daniel M. Kolkey for Big Heart Pet Brands, Inc., and J. M. Smucker Company. 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 #5 ). Judge Sara Lioi on 8/1/2019.(T,Je)
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| Filing 9 Proposed Order Granting Motion of Perlette Michele Jura to Appear Pro Hac Vice filed by All Plaintiffs. Related document(s) #6 . (Callam, Kelly) |
| Filing 8 Proposed Order Granting Motion of Daniel Kolkey to Appear Pro Hac Vice filed by All Plaintiffs. Related document(s) #5 . (Callam, Kelly) |
| Filing 7 Notice of Filing Replacement Exhibit H to Complaint filed by All Plaintiffs. (Attachments: #1 Replacement Exhibit H to Complaint - February 12 2018 JBS Response Letter)Related document(s) #1 .(Callam, Kelly) Modified on 7/31/2019 to note per Attorney Kallam that Exhibit H was actually filed with the #1 complaint - so this filing wasn't necessary (P,G). |
| Filing 6 Motion for attorney Perlette Michele Jura to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9446246, filed by Big Heart Pet Brands, Inc., J. M. Smucker Company. (Attachments: #1 Exhibit A - Affidavit of Perlette Michele Jura, #2 Exhibit B - Certificate of Good Standing Perlette Michele Jura)(Callam, Kelly) |
| Filing 5 Motion for attorney Daniel M Kolkey to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9446231, filed by Big Heart Pet Brands, Inc., J. M. Smucker Company. (Attachments: #1 Exhibit A - Affidavit of Daniel Kolkey, #2 Exhibit B - Certificate of Good Standing Daniel Kolkey)(Callam, Kelly) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon JBS Souderton, Inc., JBS USA Food Company. (Attachments: #1 Magistrate Consent Form) (T,Je) |
| Judge Sara Lioi assigned to case. (T,Je) |
| 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. (T,Je) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent The J. M. Smucker Company for Big Heart Pet Brands, Inc. filed by Big Heart Pet Brands, Inc.. (Callam, Kelly) |
| Filing 2 Corporate Disclosure Statement filed by The J. M. Smucker Company. (Callam, Kelly) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-9442228. Filed by J. M. Smucker Company. (Attachments: #1 Civil Cover Sheet, #2 Summons JBS USA Food Company Summons, #3 Summons JBS Souderton, Inc. Summons, #4 Exhibit A. FDA Alert, #5 Exhibit B. FDA Warning Letter, #6 Exhibit C. FDA Inspection Report, #7 Exhibit D. Purchase Order, #8 Exhibit E. Terms and Conditions, #9 Exhibit F. Supplier Code of Conduct, #10 Exhibit G. Guarantee, #11 Exhibit H. 2-12-18 JBS Response Letter) (Callam, Kelly) |
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