Vitort v. The Kroger Company et al
Plaintiff: Sarah Vitort
Defendant: The Kroger Company, Fred Meyer Stores, Inc., Does 1 through 100 and Kroger Company
Case Number: 3:2020cv01317
Filed: August 6, 2020
Court: US District Court for the District of Oregon
Presiding Judge: John V Acosta
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1332 cl Class Action Fairness Action - 2005
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2022 USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #40 . Case Appealed to 9th Circuit Court of Appeals Case Number 22-35185 assigned. (jtj)
March 2, 2022 Filing 40 Notice of Appeal to the 9th Circuit from Judgment #39 , Order on motion to strike,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Findings & Recommendation, #38 Filing fee $505 collected; Agency Tracking ID AORDC-8428419: . Filed by Sarah Vitort. (Attachments: #1 Representation Statement) (Piucci, Joseph)
February 1, 2022 Filing 39 JUDGMENT: Based on the record, IT IS ORDERED AND ADJUDGED that this action is dismissed. Pending motions, if any, are denied as moot. DATED: February 1, 2022, by United States District Judge Marco A. Hernandez. (pjg)
February 1, 2022 Opinion or Order Filing 38 ORDER: The Court adopts Magistrate Judge Acosta's Findings and Recommendation #24 . Therefore, Defendants' Motion to Dismiss #16 is GRANTED. Plaintiff's Motion to Strike #34 Portion of Defendants' Rule 72 Response Brief is DENIED. IT IS SO ORDERED. DATED: February 1, 2022, by United States District Judge Marco A. Hernandez. (pjg)
December 21, 2021 Filing 37 Reply in support of Plaintiff's to Motion to Strike Portion of Defendants' Rule 72 Response Brief Response to Objections to Findings & Recommendation, #33 #34 . Filed by Sarah Vitort. (Attachments: #1 Exhibit A (Briefing Summary)) (Piucci, Joseph)
December 10, 2021 Filing 36 Response in Opposition Defendants' Memorandum in Opposition to Plaintiff's Motion to Strike, or in the Alternative, Motion for Leave to File Reply to Motion to Strike Portion of Defendants' Rule 72 Response Brief Response to Objections to Findings & Recommendation, #33 #34 . Filed by Fred Meyer Stores, Inc., Kroger Company. (Harper, Jacob)
November 26, 2021 Filing 35 Memorandum in Support . Filed by Sarah Vitort. (Related document(s): Motion to Strike #34 .) (Attachments: #1 Exhibit A) (Piucci, Joseph)
November 26, 2021 Filing 34 Motion to Strike Portion of Defendants' Rule 72 Response Brief Response to Objections to Findings & Recommendation, #33 . Filed by Sarah Vitort. (Piucci, Joseph)
November 12, 2021 Filing 33 Response to Objections to Findings & Recommendation. Related document(s): #24 Findings & Recommendation,, #29 Objections to Findings & Recommendation Oral Argument requested. Filed by Fred Meyer Stores, Inc., Kroger Company. (Harper, Jacob)
October 20, 2021 Opinion or Order Filing 32 ORDER: Granting Motion for Extension of Time to File Response to Plaintiff's Objections to Findings & Recommendation #31 . Response is due by 11/12/2021. Ordered by Judge Marco A. Hernandez. (jp)
October 18, 2021 Filing 31 Motion for Extension of Time to File a Response/Reply to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #16 should be GRANTED #24 . Filed by Fred Meyer Stores, Inc., Kroger Company. (Moon, James)
October 15, 2021 Filing 30 Exhibits re Objections to Findings & Recommendation #29 . Filed by Sarah Vitort. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Piucci, Joseph)
October 14, 2021 Filing 29 Objections to Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #16 should be GRANTED #24 Oral Argument requested. Filed by Sarah Vitort. (Piucci, Joseph)
September 24, 2021 Opinion or Order Filing 28 ORDER: Granting Motion for Extension of Time to File Objection to F & R #27 . Objections to the Findings and Recommendation are due by 10/14/2021. Ordered by Judge Marco A. Hernandez. (jp)
September 20, 2021 Filing 27 Motion for Extension of Time to File an Objection to #24 . Filed by Sarah Vitort. (Piucci, Joseph)
September 13, 2021 Opinion or Order Filing 26 Order by Judge Acosta: Defendants requested oral argument in their motion to dismiss and reply. The court finds this motion appropriate for disposition without oral argument, pursuant to LR 7-1(d)(1), and denies the request. (pjg)
September 13, 2021 Opinion or Order Filing 25 Order referring Findings & Recommendation: Motion to Dismiss for Failure to State a Claim #16 should be GRANTED #24 to Judge Marco A. Hernandez. Ordered by Magistrate Judge John V. Acosta. (pjg)
September 13, 2021 Filing 24 Findings & Recommendation: Defendants' motion (ECF No. #16 ) to dismiss should be GRANTED. Scheduling Order - The Findings and Recommendation will be referred to a district judge for review. Objections, if any, are due within seventeen (17) days. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 13th day of September, 2021, by United States Magistrate Judge John V. Acosta. (pjg)
February 3, 2021 Filing 23 Reply to Motion to Dismiss for Failure to State a Claim #16 Oral Argument requested. Filed by Fred Meyer Stores, Inc., Kroger Company. (Harper, Jacob)
January 11, 2021 Opinion or Order Filing 22 ORDER by Judge Acosta: GRANTING Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Failure to State a Claim #16 filed by Fred Meyer Stores, Inc., Kroger Company. Deadline for Reply is extended to 2/3/2021. Motion will be taken under advisement as of 4/19/2021. Any request for oral argument shall be considered in due course. (pjg) Modified typographical error in text on 1/11/2021 (pjg).
January 11, 2021 Filing 21 Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #16 . Filed by Fred Meyer Stores, Inc., Kroger Company. (Kono, Kevin)
January 6, 2021 Filing 20 Response in Opposition to Motion to Dismiss for Failure to State a Claim #16 . Filed by Sarah Vitort. (Attachments: #1 Exhibit A) (Piucci, Joseph)
November 10, 2020 Opinion or Order Filing 19 ORDER by Judge Acosta: GRANTING Motion for Extension of Time to File Response/Reply to Motion to Dismiss for Failure to State a Claim #16 filed by Fred Meyer Stores, Inc., Kroger Company. Response is due by 1/6/2021. Motion to Dismiss #16 will now be taken under advisement as of 4/3/2021. (pjg)
November 10, 2020 Filing 18 Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #16 . Filed by Sarah Vitort. (Piucci, Joseph)
November 6, 2020 Opinion or Order Filing 17 Scheduling Order by Judge Acosta: Motion to Dismiss for Failure to State a Claim #16 is taken under advisement as of 2/3/2021. (pjg)
November 5, 2020 Filing 16 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Kroger Company, Fred Meyer Stores, Inc.. (Harper, Jacob)
November 3, 2020 Filing 15 Declaration of Joe Piucci re: Proof of Mailing. Filed by Sarah Vitort. (Piucci, Joseph)
October 29, 2020 Opinion or Order Filing 14 ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice by Attorney James Hyeoun Moon #9 and Motion for Leave to Appear Pro Hac Vice by Attorney Andrew Row #10 . (pjg)
October 29, 2020 Filing 13 Notice of Correction by Clerk regarding #9 Motion for Leave to Appear Pro Hac Vice, #10 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: The original filing was submitted on an outdated form and has been replaced with the current form. (cw)
October 29, 2020 Opinion or Order Filing 12 ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #11 by Attorney Jacob M. Harper. (pjg)
October 29, 2020 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jacob Michael Harper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7425870 #11 : Reviewed and Ready for Ruling. (ecp)
October 29, 2020 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney. Filing fee in the amount of $300 collected; Receipt No.: AORDC-7419549 #10 : Reviewed and Ready for Ruling. (ecp)
October 29, 2020 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James Hyeoun Moon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7419615 #9 : Reviewed and Ready for Ruling. (ecp)
October 28, 2020 Filing 11 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jacob Michael Harper. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7425870. Filed by Kroger Company, Fred Meyer Stores, Inc.. (Kono, Kevin)
October 27, 2020 Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Andrew G. Row. Filing fee in the amount of $300 collected; Receipt No.: AORDC-7419549. Filed by Kroger Company. (sss)
October 27, 2020 Filing 9 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James Hyeoun Moon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7419615. Filed by Kroger Company, Fred Meyer Stores, Inc.. (Kono, Kevin)
September 29, 2020 Opinion or Order Filing 8 ORDER by Judge Acosta: GRANTING Motion for Extension of Time #5 . Deadline for defendants to file a response is extended to 11/5/2020. (pjg)
September 29, 2020 Filing 7 Corporate Disclosure Statement . Filed by Fred Meyer Stores, Inc.. (Kono, Kevin)
September 29, 2020 Filing 6 Corporate Disclosure Statement . Filed by The Kroger Company. (Kono, Kevin)
September 29, 2020 Filing 5 Unopposed Motion for Extension of Time to Respond to Complaint. Filed by Fred Meyer Stores, Inc., The Kroger Company. (Kono, Kevin)
August 21, 2020 Filing 4 Waiver of Service of Summons Returned Executed by Fred Meyer Stores, Inc. waiver sent on 8/7/2020. Filed by Sarah Vitort. (Piucci, Joseph)
August 21, 2020 Filing 3 Waiver of Service of Summons Returned Executed by The Kroger Company waiver sent on 8/7/2020. Filed by Sarah Vitort. (Piucci, Joseph)
August 6, 2020 Opinion or Order Filing 2 Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/4/2020. Joint Alternate Dispute Resolution Report is due by 1/4/2021. Pretrial Order is due by 1/4/2021. Ordered by Magistrate Judge John V. Acosta. (jn)
August 6, 2020 Filing 1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-7077304 Jury Trial Requested: Yes. Filed by Sarah Vittort against All Defendants (Attachments: #1 Civil Cover Sheet). (Piucci, Joseph)

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Defendant: The Kroger Company
Represented By: Kevin H. Kono
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Defendant: Fred Meyer Stores, Inc.
Represented By: Kevin H. Kono
Represented By: Andrew Row
Represented By: James H. Moon
Represented By: Jacob M. Harper
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Defendant: Does 1 through 100
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Defendant: Kroger Company
Represented By: Kevin H. Kono
Represented By: Andrew Row
Represented By: James H. Moon
Represented By: Jacob M. Harper
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Plaintiff: Sarah Vitort
Represented By: Joseph E. Piucci
Represented By: Gillian L. Wade
Represented By: Sara D. Avila
Represented By: Stephen V. Piucci
Represented By: M. Ryan Casey
Represented By: Marc A. Castaneda
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