Barnett et al v. The Kroger Company et al
| Tasheba Barnett, Adele Hoffman and Chadaela Lovincey |
| The Kroger Company d/b/a Simple Truth Organic, Harris Teeter, LLC, Harris Teeter Supermarkets, Inc., Fred Meyer, Inc. and The Kroger Company doing business as Simple Truth Organic |
| 1:2022cv00544 |
| September 21, 2022 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 25
OPINION AND ORDER granting #19 Defendants' Motion to Dismiss in full. The Court dismisses #1 the Complaint without prejudice. If Plaintiffs desire to amend the Complaint to clarify their allegations (as conveyed in their response to Defendants' motion (Doc. 21)), they may seek leave from the Court to do so in a separate filing within twenty-one days of entry of this Order. Signed by Judge Douglas R. Cole on 9/11/23. (sct)
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Filing 24
REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Exhibit) (Lopez, Lindsay)
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NOTATION ORDER granting #23 Defendants' Unopposed MOTION for Extension of Time to File Reply in Support of #19 MOTION to Dismiss. Reply due by 2/27/23. SO ORDERED. Signed by Judge Douglas R. Cole on 2/8/23. (sct)
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Filing 23
Unopposed MOTION for Extension of Time to File Response/Reply as to #21 Response in Opposition to Motion, New date requested 2/27/2023. by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Text of Proposed Order) (Lopez, Lindsay)
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Filing 22
NOTICE by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey re #21 Response in Opposition to Motion, of Filing of Unreported Opinion Cited in Brief (Attachments: #1 Exhibit Unreported Opinion in D.C. v. Beech-Nut Nutrition Co., 2021 D.C. Super. LEXIS 43) (Coates, Terence)
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Filing 21
RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey. (Attachments: #1 Exhibit Consumer Reports, #2 Exhibit Hackman v. Aldi Inc., #3 Exhibit Pre-suit Notices (TX) - Harris Teeter, LLC and The Kroger Company, #4 Exhibit Hackman v. The Kroger Company) (Coates, Terence)
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NOTATION ORDER granting #20 Plaintiffs' Unopposed MOTION for Extension of Time to File Response to #19 Defendants' MOTION TO DISMISS. Response due by 1/30/23. SO ORDERED. Signed by Judge Douglas R. Cole on 1/10/23. (sct)
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Filing 20
Unopposed MOTION for Extension of Time New date requested 1/30/2023. by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey. (Attachments: #1 Text of Proposed Order) (Coates, Terence)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Lampley, Nathaniel) Modified docket text on 8/30/2023 (sct).
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Filing 18
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9185706) of Melissa R. Emert by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Coates, Terence)
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Filing 17
NOTICE by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey re #16 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9185617) of Gary S. Graifman of Filing Corrected Certificate of Good Standing (Attachments: #1 Exhibit A - Certificate of Good Standing) (Coates, Terence)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9185617) of Gary S. Graifman by Plaintiffs Tasheba Barnett, Adele Hoffman, Chadaela Lovincey. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Coates, Terence)
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NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Gary S. Graifman as Co-Counsel; granting #18 Motion for Leave to Appear Pro Hac Vice of Melissa R. Emert as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously.Signed by Magistrate Judge Karen L. Litkovitz on 12/16/2022. (eh)
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Filing 15
NOTICE by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company re #7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Fredrick H.L. McClure, #9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Lindsay P. Lopez, #8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Bradley A. Muhs Notice of Filing Certificates of Good Standing (Attachments: #1 Exhibit A-Fredrick H. L. McClure COGS #7 , #2 Exhibit B-Lindsay P. Lopez COGS #9 , #3 Exhibit C-Bradley A.Muhs COGS #8 ) (Lampley, Nathaniel)
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NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Fredrick H.L. McClure; granting #8 Motion for Leave to Appear Pro Hac Vice of Bradley A. Muhs; and granting #9 Motion for Leave to Appear Pro Hac Vice of Lindsay P. Lopez as Co-Counsel. Co-Counsel are directed to register for efiling through PACER unless they have done so previously. Signed by Magistrate Judge Karen L. Litkovitz on 10/26/2022. (kh)
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Filing 14
WAIVER OF SERVICE Returned Executed. Waiver sent to Harris Teeter, LLC on 10/20/2022, answer due 12/19/2022. (Coates, Terence)
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Filing 13
WAIVER OF SERVICE Returned Executed. Waiver sent to Harris Teeter Supermarkets, Inc. on 10/20/2022, answer due 12/19/2022. (Coates, Terence)
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Filing 12
WAIVER OF SERVICE Returned Executed. Waiver sent to Fred Meyer, Inc. on 10/20/2022, answer due 12/19/2022. (Coates, Terence)
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Filing 11
WAIVER OF SERVICE Returned Executed. Waiver sent to The Kroger Company on 10/20/2022, answer due 12/19/2022. (Coates, Terence)
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Filing 10
Notice of Deficiency re: #7 , #8 and #9 MOTIONS for Leave to Appear Pro Hac Vice of Fredrick H.L. McClure, Bradley A. Muhs, and Lindsay P. Lopez filed by Harris Teeter Supermarkets, Inc., Fred Meyer, Inc., The Kroger Company, and Harris Teeter, LLC. The submitted certificates are not from the highest court of a State. Deficiency Deadline by 10/31/2022. (tla)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Lindsay P. Lopez by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Exhibit A - Certificate of Good Standing-L. Lopez, #2 Text of Proposed Order Pro Hac Vice Appearance-L. Lopez) (Lampley, Nathaniel)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Bradley A. Muhs by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Exhibit A - Certificate of Good Standing-B. Muhs, #2 Text of Proposed Order Pro Hac Vice Appearance-B. Muhs) (Lampley, Nathaniel)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 9090820) of Fredrick H.L. McClure by Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company. (Attachments: #1 Exhibit A - Certificate of Good Standing-F. McClure, #2 Text of Proposed Order Pro Hac Vice Appearance-F. McClure) (Lampley, Nathaniel)
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Filing 6
NOTICE of Appearance by Nathaniel Lampley, Jr for Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company (Lampley, Nathaniel)
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Filing 5
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #2 Notice of Appearance filed by Harris Teeter Supermarkets, Inc., Fred Meyer, Inc., The Kroger Company, Harris Teeter, LLC., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #2 Notice of Appearance filed by Harris Teeter Supermarkets, Inc., Fred Meyer, Inc., The Kroger Company, Harris Teeter, LLC. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 10/7/2022. (bjc)
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Filing 4
NOTICE of Appearance by David Frederick Hine for Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company (Hine, David)
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Filing 3
NOTICE of Appearance by Petra G. Bergman for Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company (Bergman, Petra)
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Filing 2
NOTICE of Appearance by Nathaniel Lampley, Jr for Defendants Fred Meyer, Inc., Harris Teeter Supermarkets, Inc., Harris Teeter, LLC, The Kroger Company (Lampley, Nathaniel)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
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Filing 1
COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9057595), filed by Tasheba Barnett, Chadaela Lovincey, Adele Hoffman. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Coates, Terence)
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