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 93 |
Filed: 2/2/2016, Entered: None |
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MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. 90 : In light of the length of Plaintiffs' motion (ECF No. 91 ), Defendant's opposition may be no more than ten (10) pages in length. This order does not otherwise change the Court's 1/27/2016 minute order (see ECF No. 90 ). (no document attached) (smm) (Entered: 02/02/2016)
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| 92 |
Filed: 2/2/2016, Entered: None |
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Notice of Document Discrepancies and Order Thereon by Magistrate Judge Jill L. Burkhardt Accepting re 91 MOTION to Compel Supplemental Responses to Interrogatory No. 7 and Interrogatory No. 22, from Plaintiff Gary Hofmann. Non-compliance with local rule(s): The Memorandum of Points and Authorities exceeds the 6 page length limit ordered by the Court on January 27, 2016. (See ECF No. 90 .) Plaintiffs motion papers identify the wrong courtroom for Judge Burkhardt. (Id.). IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Magistrate Judge Jill L. Burkhardt on 2/2/2016.(dls) (Entered: 02/02/2016)
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Request |
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| 91 |
Filed: 2/1/2016, Entered: None |
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MOTION to Compel Supplemental Responses to Interrogatory No. 7 and Interrogatory No. 22 by Marc Cabrera, Gary Hofmann. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Taylor Asen, # 3 Proof of Service)(Donboli, John) (rlu). (Entered: 02/01/2016)
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Request |
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| 90 |
Filed: 1/27/2016, Entered: None |
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MINUTE ORDER: Motion to Compel due by 2/1/2016. Defendant shall file and serve its opposition on or before 2/4/2016. Plaintiffs shall file any reply to the opposition on or before 2/8/2016. For purposes of complying with CivLR 5.1.j.4., a hearing date of 2/11/2016 at 10:30 AM is assigned.(rlu) (Entered: 01/27/2016)
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Request |
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| 89 |
Filed: 1/27/2016, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 1/27/2016 re: ECF No. 87 . Briefing schedule to follow. (Plaintiff Attorney Taylor Asen; Camille Joy DeCamp). (Defendant Attorney Marcy Hogan Greer; Ricky Lynn Shackelford). (no document attached) (smm) (Entered: 01/27/2016)
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Request |
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| 88 |
Filed: 1/25/2016, Entered: None |
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ORDER Granting 85 Joint Motion to Continue Hearing on 79 Motion for Class Certification and to Set Briefing Schedule. Defendant's opposition shall be filed no later than 2/222016. Any reply shall be filed no later than 3/14/2016. Motion Hearing set for 3/21/2016 10:00 AM before Judge Jeffrey T. Miller. Signed by Judge Jeffrey T. Miller on 1/25/2016. (rlu) (Entered: 01/25/2016)
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Request |
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| 87 |
Filed: 1/25/2016, Entered: None |
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MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. 86 : On 1/21/2016, the Court received a joint voicemail message from the parties requesting the Court's assistance with a discovery dispute concerning 2 interrogatories. The Court hereby SETS a telephonic, counsel-only Discovery Conference for Wednesday, 1/27/2016, at 11:00 AM. For purposes of the Conference, counsel shall place a joint call to Judge Burkhardt's chambers. Further, by the close of business today, 1/25/2016, the parties shall LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov the following: (1) an excerpt of only the relevant interrogatories and responses at issue (including any material definitions and general objections); and (2) an excerpt of only Defendant's most recent proposed compromises previously communicated to Plaintiffs with respect to the relevant interrogatories. Beyond lodging these requested documents, the parties are reminded that the efile e-mail address for Judge Burkhardt is not to be utilized to communicate with the Court unless otherwise permitted or when communications are solicited by the Court. (no document attached) (smm) (Entered: 01/25/2016)
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Request |
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| 86 |
Filed: 1/21/2016, Entered: None |
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MINUTE ORDER for proceedings held before Magistrate Judge Jill L. Burkhardt: On 1/21/2016, the Court received a joint voicemail message from the parties requesting the Court's assistance with an unidentified discovery dispute. Counsel for the parties are directed to re-place a joint call to Judge Burkhardt's chambers and leave a detailed message with a law clerk or the voicemail for chambers regarding the nature of the discovery dispute. As contemplated by Judge Burkhardt's Civil Chambers Rules, the message should outline whether the parties met and conferred to resolve the dispute, the nature of the dispute, and the parties' respective positions concerning the dispute. Further, counsel should provide the Court with all mutually agreeable dates during the 1/21/2016 - 1/29/2016 time period for an in-person or telephonic hearing with the Court. (no document attached) (smm) (Entered: 01/21/2016)
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Request |
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| 85 |
Filed: 1/15/2016, Entered: None |
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Joint MOTION to Continue Hearing on Motion for Class Certification And Set A Briefing Schedule For Opposition and Reply Briefs by Fifth Generation, Inc.. (Shackelford, Ricky)(rlu). (Entered: 01/15/2016)
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| 83 |
Filed: 1/11/2016, Entered: None |
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ORDER granting Plaintiff's 80 Ex Parte Motion to File Declaration of Taylor Asen in Support of Joint Motion for Class Certificiation, and Appointment of Lead Counsel and Liaison Counsel Under Seal. Signed by Judge Jeffrey T. Miller on 1/11/2016. (jah) (Entered: 01/12/2016)
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Request |
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| 82 |
Filed: 1/11/2016, Entered: None |
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CERTIFICATE OF SERVICE by Marc Cabrera, Gary Hofmann re 80 MOTION to File Documents Under Seal (Donboli, John) (rlu). (Entered: 01/11/2016)
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Request |
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| 81 |
Filed: 1/8/2016, Entered: None |
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[FILED AS SEALED DOCUMENT 1/11/2016] SEALED LODGED Proposed Document re: 80 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Donboli, John). (jah). (Main Document 81 replaced on 1/12/2016) (jah). Modified on 1/12/2016 - Added file date of lodgment (jah). (Entered: 01/08/2016)
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Request |
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| 80 |
Filed: 1/8/2016, Entered: None |
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MOTION to File Documents Under Seal (With attachments)(Donboli, John). Modified on 1/11/2016 - No Proof of Service. QC Email sent to file Proof of Service (jah). (Entered: 01/08/2016)
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Request |
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| 79 |
Filed: 1/8/2016, Entered: None |
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Joint MOTION to Certify Class and Appoint Lead Counsel and Liaison Counsel by Marc Cabrera, Gary Hofmann. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Plaintiff Gary Hofmann, # 3 Declaration of Plaintiff Marc Cabrera, # 4 Declaration of Jonathan W. Cueno, Esq., # 5 Declaration of John H. Donboli, Esq., # 6 Declaration of Abbas Kazerounian, Esq., # 7 Declaration of Taylor Asen, Esq., # 8 Proof of Service)(Donboli, John)Attorney John H Donboli added to party Marc Cabrera(pty:pla) (rlu). (Entered: 01/08/2016)
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Request |
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| 78 |
Filed: 1/8/2016, Entered: None |
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NOTICE by Gary Hofmann re 77 MOTION to Stay Related Case (Notice of Withdrawal of Motion to Stay Related Case) (Attachments: # 1 Proof of Service)(Donboli, John) (Entered: 01/08/2016)
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Request |
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| 77 |
Filed: 12/16/2015, Entered: None |
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MOTION to Stay Related Case by Gary Hofmann. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Donboli, John) (rlu). (Entered: 12/16/2015)
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Request |
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| 76 |
Filed: 12/14/2015, Entered: None |
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ORDER Granting 74 Joint Motion with Modification. Signed by Magistrate Judge Jill L. Burkhardt on 12/14/2015. (rlu) (Entered: 12/14/2015)
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Request |
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| 75 |
Filed: 12/11/2015, Entered: None |
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Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Discovery Conference held on 12/11/2015. With one exception, all discovery issues are resolved. Counsel were directed to place a joint call to chambers by 12/17/2015 and leave a detailed message with a law clerk or voicemail as to whether the one remaining issue is resolved. The Court set a 12/24/2015 deadline for production. (Plaintiff Attorney Taylor Asen; Kasey C. Swisher).(Defendant Attorney Ricky Lynn Shackelford). (no document attached) (smm) (Entered: 12/11/2015)
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Request |
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| 74 |
Filed: 12/10/2015, Entered: None |
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Joint MOTION for Discovery Disputes Re: Plaintiff's Second Set of Discovery to Defendant by Gary Hofmann. (Attachments: # 1 Proof of Service)(Donboli, John) qc email re proposed order on 12/11/2015 (rlu). (Entered: 12/10/2015)
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Request |
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| 73 |
Filed: 12/9/2015, Entered: None |
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NOTICE of Appearance of Attorney for Plaintiff Gary Hofmann by K.C. Swisher on behalf of Gary Hofmann (Attachments: # 1 Proof of Service)(Swisher, K.C.)Attorney K.C. Swisher added to party Gary Hofmann(pty:pla) (rlu). (Entered: 12/09/2015)
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Request |
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| 72 |
Filed: 12/8/2015, Entered: None |
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MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 12/8/2015, the Court received a joint call from counsel for the parties regarding Plaintiffs' requests for production. Counsel requested the Court's assistance with a discovery dispute and represented that the parties agree that certain discovery may be deferred with court approval. As to the parties' agreement to defer certain discovery, and consistent with Judge Burkhardt's Civil Chambers Rules, the Court invites the parties to file a joint motion by 12/10/2015 at 1:00 PM that sets forth the extension sought, good cause for the length of the extension sought, and what category(ies) of discovery the parties seek to defer. As to the parties' discovery dispute, the Court hereby SETS a telephonic, counsel-only Discovery Conference for Friday, 12/11/2015, at 2:30 PM. For purposes of the Conference, counsel for the parties shall place a joint call to Judge Burkhardt's chambers. Further, by 1:00 PM on Thursday, 12/10/2015, the parties shall LODGE by e-mail with efile_Burkhardt@casd.uscourts.gov an excerpt of ONLY the disputed requests, responses, and the most recent proposed compromises previously communicated amongst the parties (including any material definitions and general objections). Beyond lodging the requested excerpt, the parties are reminded that the efile e-mail address for Judge Burkhardt is not to be utilized to communicate with the Court unless otherwise permitted or when communications are solicited by the Court.(no document attached) (smm) (Entered: 12/08/2015)
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Request |
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| 71 |
Filed: 11/25/2015, Entered: None |
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ORDER Granting in part and Denying in part Plaintiff's 53 Motion to Compel Site Inspection. On or before 2/26/2016, Defendant shall permit Plaintiff to conduct an in-person, non-videotaped site inspection of Defendant's distillery and manufacturing facility sufficient to show Defendants process for making Tito brand vodka. Signed by Magistrate Judge Jill L. Burkhardt on 11/25/2015. (rlu) (Entered: 11/25/2015)
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| 70 |
Filed: 11/20/2015, Entered: None |
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ORDER Denying 47 Defendant Fifth Generation's Motion for Summary Judgment. Signed by Judge Jeffrey T. Miller on 11/20/15. (dlg) (Entered: 11/20/2015)
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Request |
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| 69 |
Filed: 11/12/2015, Entered: None |
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SECOND AMENDED SCHEDULING ORDER (ECF No. 68 ) Regulating Discovery and Other Pre-Trial Proceedings: Mandatory Settlement Conference set for 8/10/2016 at 1:45 PM in the chambers of Magistrate Judge Jill L. Burkhardt. In jury trial cases, neither party is required to file Memoranda of Contentions of Fact and Law. Proposed Pretrial Order due by 11/10/2016. Final Pretrial Conference set for 11/18/2016 at 8:30 AM before Judge Jeffrey T. Miller. Trial set for 12/19/2016 at 10:00 AM before Judge Jeffrey T. Miller. Signed by Magistrate Judge Jill L. Burkhardt on 11/12/2015. (rlu) (Entered: 11/12/2015)
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| 68 |
Filed: 11/6/2015, Entered: None |
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Joint MOTION to Amend/Correct 38 Scheduling Order, and Memorandum of Points and Authorities by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service Certificate of Service Re Joint Motion to Amend Scheduling Order)(Shackelford, Ricky) (rlu). (Entered: 11/06/2015)
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Request |
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| 67 |
Filed: 10/28/2015, Entered: None |
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ORDER Denying 21 Plaintiff Gary Hofmann's Motion to Consolidate Related Cases. Signed by Judge Jeffrey T. Miller on 10/28/15. (dlg) (Entered: 10/28/2015)
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| 66 |
Filed: 10/23/2015, Entered: None |
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ORDER Approving Pro Hac Vice as to Marcy Greer. Signed by Judge Jeffrey T. Miller on 10/14/2015.(vam) (Entered: 10/23/2015)
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| 65 |
Filed: 10/15/2015, Entered: None |
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Notice of Document Discrepancies and Order Thereon by Magistrate Judge Jill L. Burkhardt Accepting re 53 Ex Parte MOTION to Compel Site Inspection, from Plaintiff Gary Hofmann. Non-compliance with local rule(s), CivLR 5.1.j.4 The following information must appear on the cover page of each motion, and any opposition and reply, in the space opposite the caption below the case number: name of judicial officer, courtroom number, and the date and time of hearing. Document number 53 fails to reflect on the cover page that the motion is before the assigned judicial officer supervising discovery, Magistrate Judge Jill L. Burkhardt, Courtroom 1D. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record.(rlu) (Entered: 10/15/2015)
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| 64 |
Filed: 10/13/2015, Entered: None |
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Minute Order by Judge Jeffrey T. Miller: Submitting Motions 47 MOTION for Summary Judgment. Motion Hearing set for 10/19/2015 10:00 AM before Judge Jeffrey T. Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 10/13/2015)
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Request |
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| 63 |
Filed: 10/9/2015, Entered: None |
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RESPONSE in Support re 47 MOTION for Summary Judgment Fifth Generation, Inc.'s Reply In Further Support of Motion for Summary Judgment filed by Fifth Generation, Inc.. (Attachments: # 1 Supplement Reply to Plaintiffs Evidentiary Objections in Opposition to Motion for Summary Judgment, # 2 Proof of Service Proof of Service ISO Reply to MSJ)(Shackelford, Ricky) (dlg). (Entered: 10/09/2015)
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Request |
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| 61 |
Filed: 10/6/2015, Entered: None |
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ORDER granting Plaintiff's 58 Ex Parte Motion to File Documents Under Seal. Signed by Judge Jeffrey T. Miller on 10/6/2015. (jah) (Entered: 10/06/2015)
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Request |
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| 60 |
Filed: 10/6/2015, Entered: None |
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[FILED AS SEALED DOCUMENT ON 10/6/2015] SEALED LODGED Proposed Document re: 58 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Donboli, John). (jah). (Main Document 60 replaced on 10/6/2015) (jah). Modified on 10/6/2015 - Added file date of lodgment (jah). (Entered: 10/06/2015)
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Request |
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| 59 |
Filed: 10/5/2015, Entered: None |
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REDACTED RESPONSE in Opposition re 47 MOTION for Summary Judgment filed by Gary Hofmann. (Attachments: # 1 Declaration of John Donboli in Support of Opposition to Defendant's Motion for Summary Judgment, # 2 Plaintiff's Evidentiary Objections to Defendant's Proffered Evidence, # 3 Proof of Service)(Donboli, John) Modified text on 10/6/2015 (rlu). (Entered: 10/05/2015)
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Request |
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| 58 |
Filed: 10/5/2015, Entered: None |
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MOTION to File Documents Under Seal (With attachments)(Donboli, John). Modified on 10/6/2015 - Proposed documents not lodged. QC Email sent to lodge documents requested to be sealed (jah). (Entered: 10/05/2015)
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Request |
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| 57 |
Filed: 10/2/2015, Entered: None |
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Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-8463588.) (Application to be reviewed by Clerk.) (Greer, Marcy) (vam). (Entered: 10/02/2015)
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Request |
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| 56 |
Filed: 9/29/2015, Entered: None |
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Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: By 9/30/2015, counsel are directed to lodge courtesy copies of the motion, opposition, and reply papers filed in connection with the Ex Parte Motion to Compel Site Inspection (see ECF No. 53 ). (no document attached) (smm) (Entered: 09/29/2015)
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Request |
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| 55 |
Filed: 9/17/2015, Entered: None |
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REPLY to Response to Motion re 53 Ex Parte MOTION to Compel Site Inspection filed by Gary Hofmann. (Attachments: # 1 Proof of Service)(Donboli, John) (rlu). (Entered: 09/17/2015)
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Request |
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| 54 |
Filed: 9/15/2015, Entered: None |
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RESPONSE in Opposition re 53 Ex Parte MOTION to Compel Site Inspection Defendant Fifth Generation, Inc.'s Opposition to Plaintiff Gary Hofmann's Ex Parte Motion to Compel Site Inspection filed by Fifth Generation, Inc.. (Attachments: # 1 Exhibit A to Defendants Opposition to Plaintiff's Motion to Compel Site Inspection, # 2 Proof of Service Defendants Certificate of Service RE Opposition to Plaintiff's Motion to Compel Site Inspection)(Shackelford, Ricky) (rlu). (Entered: 09/15/2015)
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Request |
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| 53 |
Filed: 9/10/2015, Entered: None |
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Ex Parte MOTION to Compel Site Inspection by Gary Hofmann. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(DeCamp, Camille) (rlu). (Entered: 09/10/2015)
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Request |
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| 52 |
Filed: 9/4/2015, Entered: None |
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Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Having received a joint document from the parties on 9/2/2015 informing the Court of the nature of the discovery dispute and the parties' meet and confer efforts, plaintiffs are GRANTED LEAVE to file, on or before 9/10/2015, an ex parte motion to compel the site inspection at issue. Defendants shall file their opposition by 9/15/2015. Plaintiffs shall file a reply thereto by 9/17/2015. (no document attached) (smm) (Entered: 09/04/2015)
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Request |
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| 50 |
Filed: 9/4/2015, Entered: None |
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ORDER Granting 45 Deendant's Ex Parte Motion to File Documents Under Seal. Signed by Judge Jeffrey T. Miller on 9/4/2015. (jao) (Entered: 09/04/2015)
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Request |
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| 49 |
Filed: 9/3/2015, Entered: None |
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NOTICE of Appearance by Darcie Tilly on behalf of Fifth Generation, Inc. (Attachments: # 1 Proof of Service)(Tilly, Darcie)Attorney Darcie Tilly added to party Fifth Generation, Inc.(pty:dft) (rlu). (Entered: 09/03/2015)
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Request |
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| 48 |
Filed: 9/1/2015, Entered: None |
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NOTICE of Appearance by Camille Joy DeCamp on behalf of Gary Hofmann (Attachments: # 1 Proof of Service)(DeCamp, Camille)Attorney Camille Joy DeCamp added to party Gary Hofmann(pty:pla) (rlu). (Entered: 09/01/2015)
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Request |
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| 47 |
Filed: 8/28/2015, Entered: None |
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MOTION for Summary Judgment by Fifth Generation, Inc.. (Attachments: # 1 Memo of Points and Authorities ISO Motion for Summary Judgment, # 2 Exhibit A to Memorandum of Points and Authorities ISO Motion for Summary Judgment, # 3 Proof of Service Re Motion for Summary Judgment)(Shackelford, Ricky) (rlu). (Entered: 08/28/2015)
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Request |
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| 46 |
Filed: 8/28/2015, Entered: None |
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[Filed as Sealed Document on 9/4/2015] SEALED LODGED Proposed Document re: 45 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Shackelford, Ricky). (jah). (Main Document 46 replaced on 9/4/2015) (jao). (Entered: 08/28/2015)
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Request |
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| 45 |
Filed: 8/28/2015, Entered: None |
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MOTION to File Documents Under Seal (With attachments)(Shackelford, Ricky). (jah). (Entered: 08/28/2015)
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Request |
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| 44 |
Filed: 8/28/2015, Entered: None |
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Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: Having received joint calls from counsel for the parties on 8/25/2015 and 8/26/2015 requesting a discovery conference and briefing, but not advising the Court of the nature of any discovery dispute between the parties as contemplated by Judge Burkhardt's Civil Chambers Rules, IT IS HEREBY ORDERED THAT no later than Tuesday, 9/1/2015, counsel shall LODGE by e-mail to Judge Burkhardt's chambers at efile_Burkhardt@casd.uscourts.gov a joint and integrated document that lists the issue(s) in dispute along with each party's position on each issue. The submission should not exceed 3 pages in total length. As set forth in the CM/ECF Administrative Policies and Procedures Manual for this district court, the efile_Burkhardt@casd.uscourts.gov e-mail address is not to be utilized to communicate with the Court unless otherwise permitted or when communications are solicited by the Court. (no document attached) (smm) (Entered: 08/28/2015)
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| 43 |
Filed: 8/25/2015, Entered: None |
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Minute Entry for proceedings before Magistrate Judge Jill L. Burkhardt: On 8/20/2015, the Court received a voicemail on behalf of the Del Mar Law Group regarding a potential discovery dispute. The Court reminds counsel that its Civil Chambers Rules contemplate that scheduling questions and discovery disputes be raised by counsel of record through a joint call to chambers. (See Sections I. and IV.) The Court further reminds counsel that the Court's Local and Chambers Rules require that, unless the other side willfully refuses or fails to meet and confer, the parties must meet and confer regarding all disputed issues before seeking court intervention. There is no discovery dispute presently before the Court. (no document attached) (smm) (Entered: 08/25/2015)
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| 42 |
Filed: 8/14/2015, Entered: None |
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ORDER Granting 41 Joint Motion and Entering Stipulated Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 8/14/2015. (rlu) (Entered: 08/14/2015)
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| 41 |
Filed: 8/10/2015, Entered: None |
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Joint MOTION for Protective Order by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service)(Doolin, Michelle) (rlu). (Entered: 08/10/2015)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 40 |
Filed: 7/23/2015, Entered: None |
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AMENDED SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings (ECF # 39 ): Mandatory Settlement Conference set for 6/29/2016 at 9:00 AM before Magistrate Judge Jill L. Burkhardt. Pretrial Order due by 9/23/2016. Final Pretrial Conference set for 9/30/2016 at 8:30 AM before Judge Jeffrey T. Miller. Trial set for 10/31/2016 at 10:00 AM before Judge Jeffrey T. Miller. Signed by Magistrate Judge Jill L. Burkhardt on 7/23/2015. (rlu) (Entered: 07/23/2015)
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| 39 |
Filed: 7/16/2015, Entered: None |
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Joint MOTION to Amend/Correct 38 Scheduling Order, Memorandum of Points and Authorities by Fifth Generation, Inc.. (Attachments: # 1 Exhibit 1 to Joint Motion to Amend Scheduling Order, # 2 Exhibit 2 to Joint Motion to Amend Scheduling Order)(Shackelford, Ricky) (rlu). (Entered: 07/16/2015)
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| 38 |
Filed: 6/19/2015, Entered: None |
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SCHEDULING ORDER: Mandatory Settlement Conference set for 5/25/2016 09:00 AM before Magistrate Judge Jill L. Burkhardt. Proposed Pretrial Order due by 9/23/2016. Final Pretrial Conference set for 9/30/2016 08:30 AM before Judge Jeffrey T. Miller. Jury Trial set for 10/31/2016 10:00 AM before Judge Jeffrey T. Miller. Signed by Magistrate Judge Jill L. Burkhardt on 6/19/2015.(jao) (Entered: 06/19/2015)
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Request |
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| 37 |
Filed: 6/19/2015, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Case Management Conference held on 6/19/2015. (Plaintiff Attorney John H Donboli; Mona Amini). (Defendant Attorney Matthew Ryan Gershman; Ricky Lynn Shackelford; D. Tilly). (no document attached) (smm) (Entered: 06/19/2015)
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| 36 |
Filed: 6/12/2015, Entered: None |
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JOINT DISCOVERY PLAN by Fifth Generation, Inc. (Shackelford, Ricky) (rlu). (Entered: 06/12/2015)
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Request |
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| 35 |
Filed: 6/8/2015, Entered: None |
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REPLY - Other re 28 MOTION, 30 Response in Opposition to Motion Plaintiff Marc Cabrera's Reply Brief in Support of Plaintiff Cabrera's Counter Motion to Appoint Interim Co-Lead Counsel filed by Marc Cabrera. (Attachments: # 1 Proof of Service)(Kazerounian, Abbas) (rlu). (Entered: 06/08/2015)
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Request |
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| 34 |
Filed: 6/8/2015, Entered: None |
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Minute Order by Judge Jeffrey T. Miller: Motions Submitted 21 MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsel; and Schedule Filing of Plaintiffs' Consolidated Complaint, 28 Counter Motion to appoint interim co-lead counsel. Motion Hearing set for 6/15/2015 10:00 AM before Judge Jeffrey T. Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 06/08/2015)
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Request |
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| 33 |
Filed: 6/8/2015, Entered: None |
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REPLY to Response to Motion re 21 MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsl; and Schedule Filing of Plaintiffs' Consolidated Complaint filed by Gary Hofmann. (Attachments: # 1 Proof of Service)(Donboli, John) (rlu). (Entered: 06/08/2015)
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Request |
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| 32 |
Filed: 6/5/2015, Entered: None |
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Order Following ENE. Early Neutral Evaluation Conference held on 6/4/2015. Case Management Conference set for 6/19/2015 at 2:30 PM before Magistrate Judge Jill L. Burkhardt. The conference shall be telephonic, with attorneys only. Signed by Magistrate Judge Jill L. Burkhardt on 6/4/2015.(rlu) (Entered: 06/05/2015)
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Request |
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| 31 |
Filed: 6/4/2015, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Early Neutral Evaluation Conference held on 6/4/2015. The case did not settle. (Plaintiff Attorney John H Donboli; Abbas Kazerounian & Mona Amini (counsel for Plaintiff in 14cv2990)). (Defendant Attorney Ricky Lynn Shackelford & Michelle C Doolin). (no document attached) (smm) (Entered: 06/05/2015)
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Request |
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| 30 |
Filed: 6/1/2015, Entered: None |
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RESPONSE in Opposition re 28 MOTION [Counter-Motion] to Appoint Interim Co-Counsel filed by Gary Hofmann. (Attachments: # 1 Proof of Service)(Donboli, John) (rlu). (Entered: 06/01/2015)
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Request |
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| 29 |
Filed: 5/20/2015, Entered: None |
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ORDER: (1) Continuing Hearing on 21 Motion to Interim Class Counsel; and (2) Setting Schedule for 28 Counter-Motion to Appoint Interim Co-Lead Counsel. The 21 28 Motion Hearings are set for June 15, 2015, at 10:00 AM. Oppositions, if any, are due on or before June 1, 2015. Replies, if any, are due on or before June 8, 2015. Signed by Judge Jeffrey T. Miller on 5/20/2015.(rlu) (Entered: 05/20/2015)
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Request |
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| 28 |
Filed: 5/18/2015, Entered: None |
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RESPONSE in Opposition re 21 MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsl; and Schedule Filing of Plaintiffs' Consolidated Complaint ; and COUNTER MOTION to Appoint Interim Co-Lead Counsel filed by Marc Cabrera. (Attachments: # 1 Declaration of Abbas Kazerounian, # 2 Declaration of Joshua B. Swigart, # 3 Proof of Service)(Kazerounian, Abbas) (rlu). Modified event on 5/20/2015 (rlu). (Entered: 05/18/2015)
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Request |
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| 27 |
Filed: 5/18/2015, Entered: None |
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NOTICE of Appearance by Abbas Kazerounian on behalf of Marc Cabrera (Attachments: # 1 Proof of Service)(Kazerounian, Abbas)Attorney Abbas Kazerounian added to party Marc Cabrera(pty:pla) (rlu). (Entered: 05/18/2015)
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Request |
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| 26 |
Filed: 5/18/2015, Entered: None |
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RESPONSE in Opposition re 21 MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsl; and Schedule Filing of Plaintiffs' Consolidated Complaint filed by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service Re Response to Motion to Consolidate)(Shackelford, Ricky) (rlu). (Entered: 05/18/2015)
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Request |
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| 25 |
Filed: 5/5/2015, Entered: None |
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NOTICE of MDL Filing: MDL Panel Order Deeming Motion Withdrawn (kas) (Entered: 05/05/2015)
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Request |
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| 24 |
Filed: 5/4/2015, Entered: None |
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ORDER by Magistrate Judge Jill L. Burkhardt granting in part and denying in part (Doc. No. 23 ) MOTION to Vacate Early Neutral Evaluation Conference and Related Dates Pendign Determination by the JPML Regarding Whether This Action Will Be Part of An MDL Proceeding. The telephonic Early Neutral Evaluation is hereby RESET for 6/4/2015 at 04:00 PM before Magistrate Judge Jill L. Burkhardt. This order does not otherwise alter this Court's 4/10/2015 Order (Doc. No. 19 ). (no document attached) (smm) (Entered: 05/04/2015)
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Request |
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| 23 |
Filed: 4/24/2015, Entered: None |
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MOTION to Vacate Early Neutral Evaluation Conference and Related Dates Pendign Determination by the JPML Regarding Whether This Action Will Be Part of An MDL Proceeding by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service Re Joint Motion to Vacate Early Neutral Evaluation Conference)(Shackelford, Ricky) (rlu). (Entered: 04/24/2015)
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Request |
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| 22 |
Filed: 4/22/2015, Entered: None |
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CERTIFICATE OF SERVICE by Gary Hofmann re 21 MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsl; and Schedule Filing of Plaintiffs' Consolidated Complaint (Donboli, John) (rlu). (Entered: 04/22/2015)
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Request |
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| 21 |
Filed: 4/22/2015, Entered: None |
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MOTION to Consolidate Cases Pursuant to FRCP Rule 42(A); Appoint Interim Class Counsl; and Schedule Filing of Plaintiffs' Consolidated Complaint by Gary Hofmann. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jonathan W. Cuneo, # 3 Declaration of John H. Donboli)(Donboli, John) (rlu). (Entered: 04/22/2015)
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Request |
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| 20 |
Filed: 4/13/2015, Entered: None |
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NOTICE of MDL Filing: Plaintiff Gary Hofmann's Motion to Transfer Related Tito's Handmade Vodka Marketing and Sales Practices Litigation Actions to the Southern District of California for Coordinated Pretrial Proceedings Pursuant to 28 U.S.C. 1407 (Attachments: # 1 (continued), # 2 (continued), # 3 (continued))(kas) (Entered: 04/13/2015)
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Request |
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| 19 |
Filed: 4/10/2015, Entered: None |
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NOTICE AND ORDER for Early Neutral Evaluation Conference: Telephonic Counsel-Only Early Neutral Evaluation set for 5/7/2015 at 2:00 PM before Magistrate Judge Jill L. Burkhardt. Signed by Magistrate Judge Jill L. Burkhardt on 4/10/2015.(rlu) (Entered: 04/13/2015)
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Request |
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| 18 |
Filed: 4/10/2015, Entered: None |
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Defendant Fifth Generation, Inc.'s Answer to Plaintiff's Second Amended Nationwide Complaint (DKT #16) ANSWER to 16 Amended Complaint by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service Certificate of Service Re Answer to Plaintiff's Second Amended Naitonwide Complaint)(Shackelford, Ricky) (rlu). (Entered: 04/10/2015)
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Request |
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| 17 |
Filed: 3/31/2015, Entered: None |
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NOTICE of Appearance by Matthew Ryan Gershman on behalf of Fifth Generation, Inc. (Gershman, Matthew)Attorney Matthew Ryan Gershman added to party Fifth Generation, Inc.(pty:dft)(rlu). (Entered: 03/31/2015)
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Request |
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| 16 |
Filed: 3/27/2015, Entered: None |
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AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Gary Hofmann. (Attachments: # 1 Proof of Service) (Donboli, John) (dls). (Entered: 03/27/2015)
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Request |
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| 15 |
Filed: 3/18/2015, Entered: None |
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ORDER granting in part and denying in part 8 Fifth Generation, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint. Fifth Generation's request for judicial notice (Doc. No. 8-2) is GRANTED. Its motion to dismiss the first amended complaint, (Doc. No. 8), is GRANTED IN PART AND DENIED IN PART. Specifically: 1. Plaintiff's UCL, FAL, and CLRA claims are dismissed. 2. Plaintiff's negligent-misrepresentation claim remains. 3. The court DENIES Fifth Generation's alternative request for a more definite statement. 4. The court GRANTS Plaintiff's request for leave to amend. Any amended pleading must be filed within fourteen days after entry of this order. Signed by Judge Jeffrey T. Miller on 3/18/2015. (aef) (Entered: 03/18/2015)
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Request |
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| 14 |
Filed: 2/3/2015, Entered: None |
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CERTIFICATE OF SERVICE by Fifth Generation, Inc. re 11 Notice of Related Case, , SUMMONS Returned Executed by Fifth Generation, Inc.. Fifth Generation, Inc. served. (Shackelford, Ricky) (rlu). (Entered: 02/03/2015)
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Request |
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| 13 |
Filed: 2/3/2015, Entered: None |
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CERTIFICATE OF SERVICE by Fifth Generation, Inc. re 10 Reply to Response to Motion (Shackelford, Ricky) (rlu). (Entered: 02/03/2015)
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Request |
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| 12 |
Filed: 2/3/2015, Entered: None |
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Minute Order by Judge Jeffrey T. Miller: Motions Submitted: 8 MOTION Dismiss Class Action Complaint, MOTION to Dismiss. Motion Hearing set for 2/9/2015 10:00 AM before Judge Jeffrey T. Miller is vacated. Written order to follow. (no document attached) (gac) (Entered: 02/03/2015)
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Request |
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| 11 |
Filed: 2/2/2015, Entered: None |
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NOTICE OF RELATED CASE(S) by Fifth Generation, Inc. of case(s) 3:14-cv-2990 Fifth Generation, Inc.'s Notice of Related Case Re (Cabrera v. Fifth Generation). (Shackelford, Ricky) qc email re lacking pos on 2/3/2015; low number order not prepared, this appears to be the low number case (rlu). (Entered: 02/02/2015)
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| 10 |
Filed: 2/2/2015, Entered: None |
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REPLY to Response to Motion re 8 MOTION Dismiss Class Action Complaint MOTION to Dismiss Class Action Complaint filed by Fifth Generation, Inc.. (Shackelford, Ricky) qc email re lacking pos on 2/3/2015 (rlu). (Entered: 02/02/2015)
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| 9 |
Filed: 1/26/2015, Entered: None |
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RESPONSE in Opposition re 8 MOTION Dismiss Class Action Complaint MOTION to Dismiss filed by Gary Hofmann. (Attachments: # 1 Proof of Service)(Donboli, John) (rlu). (Entered: 01/26/2015)
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| 8 |
Filed: 12/18/2014, Entered: None |
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MOTION Dismiss Class Action Complaint , MOTION to Dismiss by Fifth Generation, Inc.. (Attachments: # 1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Motion to Dismiss Class Action Complaint, # 2 Request for Judicial Notice Request for Judicial Notice in Support of Motion to Dismiss Class Action Complaint, # 3 Exhibit Exhibit 1 - Request for Judicial Notice in Support of Motion to Dismiss Class Action Complaint, # 4 Exhibit Exhibit 2 - Request for Judicial Notice in Support of Motion to Dismiss Class Action Complaint)(Shackelford, Ricky)Attorney Ricky Lynn Shackelford added to party Fifth Generation, Inc.(pty:dft) qc email re lacking pos on 12/19/2014 (rlu). (Entered: 12/18/2014)
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Request |
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| 7 |
Filed: 11/26/2014, Entered: None |
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PRO HAC APPROVED: Taylor Asen appearing for Plaintiff Gary Hofmann. (vam) (Entered: 11/26/2014)
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Request |
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| 6 |
Filed: 11/26/2014, Entered: None |
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PRO HAC APPROVED: Jonathan W Cuneo appearing for Plaintiff Gary Hofmann. (vam) (Entered: 11/26/2014)
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Request |
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| 5 |
Filed: 11/13/2014, Entered: None |
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NOTICE by Gary Hofmann of Association of Counsel (Attachments: # 1 Proof of Service)(Donboli, John) noa is needed to place atty on the docket on 11/14/2014 (rlu). (Entered: 11/13/2014)
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Request |
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| 4 |
Filed: 11/3/2014, Entered: None |
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ORDER Granting in Part 3 Joint Motion for Extension of Time to Answer. The court extends the time for Defendant to answer or otherwise respond to the FAC until Friday, December 18, 2014. Signed by Judge Jeffrey T. Miller on 11/3/14. (rlu) (Entered: 11/03/2014)
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Request |
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| 3 |
Filed: 10/29/2014, Entered: None |
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Joint MOTION for Extension of Time to File Answer to Plaintiff's First Amended Complaint by Fifth Generation, Inc.. (Attachments: # 1 Proof of Service)(Doolin, Michelle) (rlu). (Entered: 10/29/2014)
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Request |
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| 2 |
Filed: 10/28/2014, Entered: None |
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Corporate Disclosure Statement by Fifth Generation, Inc. (dls)(jrd) (Entered: 10/28/2014)
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Request |
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| 1 |
Filed: 10/28/2014, Entered: None |
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NOTICE OF REMOVAL From Superior Court, San Diego County, Central Division, case number 37-2014-00031150-CU-NP-CTL. (Filing fee $400, receipt number 0974-7508219), filed by Fifth Generation, Inc. (t/w Complaint (FAC) in Removal). (Attachments: # 1 Exhibit A - State Complaint (FAC), # 2 Declaration of K. White, # 3 Cover Sheet)The new case number is 3:14-cv-02569-JM-JLB. Judge Jeffrey T. Miller and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Doolin, Michelle)(dls)(jrd) (Entered: 10/28/2014)
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Request |
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