Vitort v. The Kroger Company et al
| Sarah Vitort |
| The Kroger Company, Fred Meyer Stores, Inc., Does 1 through 100 and Kroger Company |
| 3:2020cv01317 |
| August 6, 2020 |
| US District Court for the District of Oregon |
| John V Acosta |
| Other Statutory Actions |
| 28 U.S.C. § 1332 cl Class Action Fairness Action - 2005 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 41 USCA Memorandum for the 9th Circuit, USCA #22-35185, re Notice of Appeal, #40 The decision of the District Court is: AFFIRMED. (ecp) |
| 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) |
| 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) |
| 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) |
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)
|
| 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) |
| 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) |
| Filing 35 Memorandum in Support . Filed by Sarah Vitort. (Related document(s): Motion to Strike #34 .) (Attachments: #1 Exhibit A) (Piucci, Joseph) |
| 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) |
| 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) |
|
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)
|
| 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) |
| Filing 30 Exhibits re Objections to Findings & Recommendation #29 . Filed by Sarah Vitort. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Piucci, Joseph) |
| 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) |
|
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)
|
| Filing 27 Motion for Extension of Time to File an Objection to #24 . Filed by Sarah Vitort. (Piucci, Joseph) |
|
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)
|
|
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)
|
| 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) |
| 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) |
|
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).
|
| 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) |
| 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) |
|
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)
|
| 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) |
|
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)
|
| Filing 16 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Kroger Company, Fred Meyer Stores, Inc.. (Harper, Jacob) |
| Filing 15 Declaration of Joe Piucci re: Proof of Mailing. Filed by Sarah Vitort. (Piucci, Joseph) |
|
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)
|
| 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) |
|
Filing 12
ORDER by Judge Acosta: GRANTING Motion for Leave to Appear Pro Hac Vice #11 by Attorney Jacob M. Harper. (pjg)
|
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
|
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)
|
| Filing 7 Corporate Disclosure Statement . Filed by Fred Meyer Stores, Inc.. (Kono, Kevin) |
| Filing 6 Corporate Disclosure Statement . Filed by The Kroger Company. (Kono, Kevin) |
| Filing 5 Unopposed Motion for Extension of Time to Respond to Complaint. Filed by Fred Meyer Stores, Inc., The Kroger Company. (Kono, Kevin) |
| 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) |
| 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) |
|
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)
|
| 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oregon District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
