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Martinelli v. Johnson & Johnson et al, Docket No. 2:15-cv-01733 (E.D. Cal. Aug 14, 2015), Court Docket
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Martinelli v. Johnson & Johnson et al

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U.S. District Court
Eastern District of California - Live System (Sacramento)
CIVIL DOCKET FOR CASE #: 2:15-cv-01733-MCE-DB

Martinelli v. Johnson & Johnson et al

DOCKET INFORMATION
Minimize
Date Filed: Aug 14, 2015
Nature of suit:370 Other Fraud
Assigned to:Chief Judge Morrison C. England, Jr
Cause:28:1332 Diversity-Fraud
Jurisdiction:Diversity
Jury demand:Plaintiff
Referred to:Magistrate Judge Deborah Barnes

Parties and Attorneys

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 Plaintiff
JoAnn Martinelli
Plaintiff
Representation
Annick Marie Persinger
Tycko & Zavareei
1970 Broadway
Suite 1070
Oakland, CA 94612
(510) 254-6808
apersinger@tzlegal.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Frederick J. Klorczyk
Bursor & Fisher, P.A.
888 Seventh Avenue
Third Floor
New York, NY 10019
(646) 837-7150
Fax: (212) 989-9163
fklorczyk@bursor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joel Dashiell Smith
Bursor & Fisher, P.A.
1990 North California Blvd.
Suite 940
Walnut Creek, CA 94596
(925) 300-4455
Fax: (925) 407-2700
jsmith@bursor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joseph I. Marchese , PHV
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
(212) 989-9113
Fax: (212) 989-9163
jmarchese@bursor.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lawrence Timothy Fisher
Bursor and Fisher, PA
1990 N. California Blvd.
Suite 940
Walnut Creek, CA 94596
(925) 300-4455
Fax: (925) 407-2700
ltfisher@bursor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Neal J. Deckant
Bursor & Fisher, P.A.
1990 N. California Blvd.
Suite 940
Walnut Creek, CA 94596-3745
(925) 300-4455
Fax: (925) 407-2700
ndeckant@bursor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Yeremey Olegovich Krivoshey
Bursor & Fisher, P.A.
1990 North California Blvd.
Suite 940
Walnut Creek, CA 94596
(925) 300-4455
Fax: (925) 407-2700
ykrivoshey@bursor.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brittany Skye Scott
Bursor & Fisher P.A
1990 N. California Blvd.
Suite 940
Walnut Creek, CA 94596
(925) 300-4455
Fax: (925) 407-2700
bscott@bursor.com
ATTORNEY TO BE NOTICED

 Defendant
Johnson & Johnson, Inc.
Defendant
Representation
Amanda Villalobos
Tucker Ellis, LLP
515 S. Flower Street
42nd Floor
Los Angeles, CA 90071
(213) 430-3400
Fax: (213) 430-3409
amanda.villalobos@tuckerellis.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carlos M. Lazatin
O'Melveny & Myers LLP
400 So. Hope Street
Los Angeles, CA 90071-2899
(213) 430-6000
Fax: (213) 430-6407
clazatin@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hannah Y. Chanoine
O'Melveny & Myers LLP
Time Square Tower
7 Times Square
New York, NY 10036
(212) 326-2000
Fax: (212) 326-2061
hchanoine@omm.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mollie Fleming Benedict
Tucker Ellis LLP
515 South Flower Street
42nd Floor
Los Angeles, CA 90071-2223
(213) 430-3400 x3399
Fax: (213) 430-3409
mollie.benedict@tuckerellis.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard Blair Goetz
O'Melveny & Myers
400 S Hope Street
Los Angeles, CA 90071-2899
(213) 430-6400
Fax: (213) 430-6407
rgoetz@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ronie Malka Schmelz
Tucker Ellis LLP
515 So. Flower St.
42nd Floor
Los Angeles, CA 90071
(213) 430-3375
Fax: (213) 430-3409
ronie.schmelz@tuckerellis.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Defendant
McNeil Nutritionals, LLC
Defendant
Representation
Amanda Villalobos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carlos M. Lazatin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hannah Y. Chanoine
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Mollie Fleming Benedict
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard Blair Goetz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Ronie Malka Schmelz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Movant
James T Foster
Movant
Representation
Frederick J. Klorczyk
(See above for address)
ATTORNEY TO BE NOTICED

 Movant
Larry Martinelli
Movant
Representation
Frederick J. Klorczyk
(See above for address)
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Aug 14, 2015ViewCOMPLAINT against Johnson & Johnson, McNeil Nutritionals, LLC by JoAnn Martinelli. Attorney Fisher, Lawrence Timothy added. (Filing fee $ 400, receipt number 0972-6032660) (Attachments: # 1 Civil Cover Sheet)(Fisher, Lawrence) (Entered: 08/14/2015)
2Aug 14, 2015RequestSUMMONS ISSUED as to *Johnson & Johnson, McNeil Nutritionals, LLC* with answer to complaint due within *21* days. Attorney *Lawrence Timothy Fisher* *Bursor and Fisher, PA* *1990 N. California Blvd., Suite 940* *Walnut Creek, CA 94596*. (Kaminski, H) (Entered: 08/14/2015)
3Aug 14, 2015RequestCIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Form, # 2 Order re Filing Requirements, # 3 VDRP) (Kaminski, H) (Entered: 08/14/2015)
4Sep 18, 2015RequestSTIPULATION and PROPOSED ORDER extending time to respond to initial 1 Complaint by not more than 28 days (L.R. 144) by all defendants. Attorney Villalobos, Amanda added. (Villalobos, Amanda) Modified on 9/21/2015 (Marciel, M) (Entered: 09/18/2015)
5Sep 18, 2015RequestSUMMONS RETURNED EXECUTED: Johnson & Johnson served on 9/2/2015, answer due 9/23/2015. (Fisher, Lawrence) (Entered: 09/18/2015)
6Sep 18, 2015RequestSUMMONS RETURNED EXECUTED: McNeil Nutritionals, LLC served on 9/2/2015, answer due 9/23/2015. (Fisher, Lawrence) (Entered: 09/18/2015)
7Sep 21, 2015ViewSTIPULATION and ORDER signed by Judge John A. Mendez on 9/18/15 ORDERING that the time for defendants to respond to plaintiff's complaint is EXTENDED TO 10/21/15. (Kastilahn, A) (Entered: 09/21/2015)
8Oct 12, 2015RequestCONSENT to JURISDICTION of US MAGISTRATE JUDGE by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 10/12/2015)
9Oct 16, 2015ViewFIRST AMENDED COMPLAINT against Johnson & Johnson, McNeil Nutritionals, LLC by JoAnn Martinelli.(Fisher, Lawrence) (Entered: 10/16/2015)
10Oct 19, 2015RequestORDER signed by Judge John A. Mendez on 10/16/15 ORDERING that this case is REASSIGNED to Chief Judge Morrison C. England, Jr. for all further proceedings. The New Case Number is 2:15-cv-1733 JAM DAD.(Mena-Sanchez, L) (Entered: 10/19/2015)
11Oct 30, 2015RequestANSWER to 9 First Amended Complaint, with Jury Demand, by Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) Modified on 11/2/2015 (Michel, G.). (Entered: 10/30/2015)
12Oct 30, 2015RequestJOINT STATUS REPORT by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 10/30/2015)
13Nov 6, 2015RequestORDER REASSIGNING CASE by Chief Judge Morrison C. England, Jr.: Due to the elevation of Magistrate Judge Dale A. Drozd to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Edmund F. Brennan*. (Donati, J) (Entered: 11/06/2015)
14Dec 17, 2015ViewMOTION to STAY by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 1/14/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proposed Order)(Villalobos, Amanda) (Entered: 12/17/2015)
15Dec 31, 2015ViewOPPOSITION by JoAnn Martinelli to 14 MOTION to STAY. (Fisher, Lawrence) (Entered: 12/31/2015)
16Jan 6, 2016RequestPRO HAC VICE APPLICATION and PROPOSED ORDER for attorney Neal J. Deckant submitted by plaintiff JoAnn Martinelli. (Filing fee $ 200, receipt number 0972-6250349) (Fisher, Lawrence) Modified on 1/15/2016 (Marciel, M) (Entered: 01/06/2016)
17Jan 6, 2016RequestPRO HAC VICE APPLICATION and PROPOSED ORDER for attorney Frederick Klorczyk submitted by plaintiff JoAnn Martinelli. (Filing fee $ 200, receipt number 0972-6250372) (Fisher, Lawrence) Modified on 1/15/2016 (Marciel, M) (Entered: 01/06/2016)
18Jan 7, 2016RequestREPLY by Johnson & Johnson, McNeil Nutritionals, LLC to RESPONSE to 14 MOTION to STAY. (Villalobos, Amanda) (Entered: 01/07/2016)
19Jan 11, 2016RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Stay (ECF No. 14), scheduled for hearing on January 14, 2016, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 01/11/2016)
20Jan 11, 2016RequestSTIPULATION and PROPOSED ORDER for PROTECTIVE ORDER by Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) (Entered: 01/11/2016)
21Jan 13, 2016ViewSTIPULATED 20 PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/2016. (Marciel, M) (Entered: 01/13/2016)
22Jan 15, 2016RequestPRO HAC VICE 16 ORDER signed by Chief Judge Morrison C. England, Jr. on 1/14/2016. Attorney Neal J. Deckant, PHV is ADDED as counsel for plaintiff JoAnn Martinelli. (Marciel, M) (Entered: 01/15/2016)
23Jan 15, 2016RequestPRO HAC VICE 17 ORDER signed by Chief Judge Morrison C. England, Jr. on 1/14/2016. Attorney Frederick Klorczyk, PHV fis ADDED for plaintiff JoAnn Martinelli. (Marciel, M) (Entered: 01/15/2016)
24Feb 10, 2016ViewORDER denying Defendants' 14 Motion to Stay, signed by Chief Judge Morrison C. England, Jr., on 2/10/16. (Kastilahn, A) (Entered: 02/10/2016)
25Mar 7, 2016ViewSCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr. on 3/3/2016 ORDERING that all Phase I discovery shall be completed by 10/24/2016. Plaintiff's motion shall be filed by 12/15/2016. Defendant's response shall be filed by 1/12/2017. Plaintiff's reply shall be filed by 2/9/2017. The hearing on the certification motion shall be 2/23/2017, at 2:00 p.m. (Zignago, K.) (Entered: 03/07/2016)
26Apr 4, 2016RequestSTIPULATION and PROPOSED ORDER for ESI and Hard Copy Protocol by McNeil Nutritionals, LLC. (Villalobos, Amanda) (Entered: 04/04/2016)
27Apr 8, 2016RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The court received the STIPULATION and PROPOSED ORDER for ESI and Hard Copy Protocol by McNeil Nutritionals, LLC (ECF NO. 26). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) (Entered: 04/08/2016)
28Apr 13, 2016ViewSTIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 4/13/16, ORDERING that the foregoing 26 Stipulation is hereby ADOPTED by the Court and shall govern the production of electronically stored information and paper documents. (Kastilahn, A) (Entered: 04/13/2016)
29Apr 14, 2016ViewMOTION to COMPEL Production of Documents Propounded on Defendants Johnson & Johnson and McNeil Nutritionals, LLC by JoAnn Martinelli. Motion Hearing set for 4/27/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Attachments: # 1 Statement Re Discovery Disagreement)(Fisher, Lawrence) (Entered: 04/14/2016)
30Apr 22, 2016RequestNOTICE of APPEARANCE by Yeremey Olegovich Krivoshey on behalf of JoAnn Martinelli. Attorney Krivoshey, Yeremey Olegovich added. (Krivoshey, Yeremey) (Entered: 04/22/2016)
31Apr 25, 2016RequestMINUTE ORDER: The 4/27/2015 hearing re: Pltf's MOTION to COMPEL Production of Documents Propounded on Defendants Johnson & Johnson and McNeil Nutritionals, LLC 29 is ordered CONTINUED to 5/11/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Ordered by Magistrate Judge Edmund F. Brennan on 4/25/2016. (Text only entry)(Cannarozzi, N) (Entered: 04/25/2016)
32May 9, 2016RequestSTIPULATION and PROPOSED ORDER continuing the hearing on 29 Motion to Compel by Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) Modified on 5/10/2016 (Michel, G.). (Entered: 05/09/2016)
33May 10, 2016ViewSTIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/10/16 ORDERING that the hearing as to 29 MOTION to COMPEL is CONTINUED to 6/22/2016 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kastilahn, A) (Entered: 05/10/2016)
34Jun 15, 2016ViewUPDATED JOINT STATEMENT of Discovery Disagreement by Plaintiff JoAnn Martinelli re 29 MOTION to COMPEL. (Fisher, Lawrence) Modified on 6/16/2016 (Mena-Sanchez, L). (Entered: 06/15/2016)
35Jun 22, 2016RequestMINUTES (Text Only) for MOTION HEARING held on 6/22/2016 before Magistrate Judge Edmund F. Brennan re: Pltf's Motion to Compel Production of Documents 29 . All parties present. Arguments heard. The Court ordered deft to file supplemental briefing by 7/1/2016, with pltf's response due by 7/8/2016. Once the briefing is on file, the matter will stand submitted. Plaintiffs Counsel Annick Persinger present. Defendants Counsel Ronie Schmelz and Amanda Villalobos present. Court Reporter/CD Number: ECRO, CD 1 of 1. (Cannarozzi, N) (Entered: 06/22/2016)
36Jun 22, 2016RequestTRANSCRIPT REQUEST by JoAnn Martinelli for proceedings held on June 22, 2016 before Judge Edmund F. Brennan. Court Reporter ECRO Jonathan Anderson. (Fisher, Lawrence) (Entered: 06/22/2016)
37Jun 30, 2016RequestTRANSCRIPT of Plaintiff's Motion to Compel Production of Documents Proceedings held on 06/22/2016, before Magistrate Judge Edmund F. Brennan. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/21/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/29/2016 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 06/30/2016)
38Jul 1, 2016RequestTRANSCRIPT REQUEST by Johnson & Johnson, McNeil Nutritionals, LLC for proceedings held on June 22, 2016 before Judge Edmund F. Brennan. Court Reporter ECRO Jonathan Anderson. (Villalobos, Amanda) (Entered: 07/01/2016)
39Jul 1, 2016ViewOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 29 MOTION to COMPEL. (Villalobos, Amanda) (Entered: 07/01/2016)
40Jul 8, 2016ViewRESPONSE by JoAnn Martinelli to 39 Opposition to Motion. (Attachments: # 1 Declaration of L. Timothy Fisher)(Fisher, Lawrence) (Entered: 07/08/2016)
41Jul 28, 2016ViewORDER signed by Magistrate Judge Edmund F. Brennan on 7/28/16 ORDERING that Plaintiff's Motion to Compel 29 is granted in part and denied in part. Within thirty days of the date of this order, defendants shall produce responsive documents to Plaintiff's request for production of documents number 4 and request for production of documents number 23; and Within thirty days of the date of this order, defendants shall produce responsive documents to Plaintiffs request for production of documents numbers 10, 12, 13, 15, 18, 20, 22, 24 and 36, to the extent such documents concern Benecol Spreads' claims that it contained no trans fats or no trans fatty acids. (Mena-Sanchez, L) (Entered: 07/28/2016)
42Aug 2, 2016RequestORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Edmund F. Brennan* to Magistrate Judge Deborah Barnes for all further proceedings. (Dillon, M) (Entered: 08/02/2016)
43Aug 26, 2016RequestSTIPULATION and PROPOSED ORDER for to Amend the July 28, 2016 Order and the March 7, 2016 Scheduling Order by Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) (Entered: 08/26/2016)
44Aug 30, 2016ViewSTIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/30/16. The Court's Scheduling Order (ECF No. 26 ) is hereby AMENDED to reflect the following dates and deadlines. Phase I Discovery Cut Off due by 2/24/2017. PL deadline to File Cert 3/31/2017. DE deadline to Respond 4/28/2017. PL deadline to Reply 5/26/2017. The Court sets the hearing on Plaintiff's Motion for Class Certification for 6/15/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Mena-Sanchez, L) (Entered: 08/30/2016)
45Sep 23, 2016RequestMOTION to deny class certification or, in the alternative, MOTION to strike class allegations by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 12/1/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: # 1 Declaration of A. Villalobos, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Proposed Order)(Villalobos, Amanda) Modified on 9/27/2016 (Zignago, K.). (Entered: 09/23/2016)
46Sep 30, 2016RequestMOTION to AMEND the 9 Amended Complaint by JoAnn Martinelli. Motion Hearing set for 11/3/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Declaration of L. Timothy Fisher, # 2 Proposed Order)(Fisher, Lawrence) (Entered: 09/30/2016)
47Oct 20, 2016RequestOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 46 MOTION to AMEND. (Villalobos, Amanda) (Entered: 10/20/2016)
48Oct 27, 2016RequestREPLY by JoAnn Martinelli re 46 Motion to Amend. (Fisher, Lawrence) (Entered: 10/27/2016)
49Nov 1, 2016RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion to Amend the Complaint (ECF No. 46), scheduled for hearing on November 3, 2016, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 11/01/2016)
50Nov 10, 2016RequestSTIPULATION and PROPOSED ORDER for Continuing Hearing re 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations by Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) (Entered: 11/10/2016)
51Nov 16, 2016ViewSTIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/15/16: Hearing as to 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations RESET for 1/12/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Kaminski, H) (Entered: 11/16/2016)
52Dec 29, 2016RequestOPPOSITION by JoAnn Martinelli to 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations. (Attachments: # 1 Declaration of Neal J. Deckant)(Fisher, Lawrence) (Entered: 12/29/2016)
53Jan 4, 2017RequestMOTION to COMPEL Production of Documents Propounded on Defendants Johnson & Johnson and McNeil Nutritionals, LLC by JoAnn Martinelli. Motion Hearing set for 1/25/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Fisher, Lawrence) (Entered: 01/04/2017)
54Jan 5, 2017RequestREPLY by Johnson & Johnson, McNeil Nutritionals, LLC re 45 Motion to deny class certification or, in the alternative, Motion to strike class allegations. (Attachments: # 1 Declaration)(Villalobos, Amanda) (Entered: 01/05/2017)
55Jan 5, 2017Request[WITHDRAWN - see 59 Notice of Withdrawal of Motion] MOTION TO COMPEL by JoAnn Martinelli. Motion Hearing SET for 1/27/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Fisher, Lawrence) Modified on 1/27/2017 (Michel, G.). (Entered: 01/05/2017)
56Jan 5, 2017RequestMOTION to COMPEL Production of Documents Propounded on Defendants Johnson & Johnson and McNeil Nutritionals, LLC by JoAnn Martinelli. Motion Hearing set for 1/27/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Fisher, Lawrence) (Entered: 01/05/2017)
57Jan 9, 2017RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Deny Class Certification (ECF No. 45), scheduled for hearing on January 12, 2017, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 01/09/2017)
58Jan 18, 2017RequestMINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Deborah Barnes on 1/18/2017: On the Court's own motion the plaintiff's Motions to Compel (ECF No. 55 and 56 ) set for hearing on 1/27/2017 are CONTINUED to 2/3/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) (Entered: 01/18/2017)
59Jan 26, 2017RequestNOTICE OF WITHDRAWAL OF MOTION re 55 Motion to Compel by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 01/26/2017)
60Jan 26, 2017RequestMINUTE ORDER (Text Only) issued by Courtroom Deputy A. Shaddox-Waldrop for Magistrate Judge Deborah Barnes on 1/26/2017: In light of the plaintiff's Notice Re: Withdrawal of Motion (ECF No. 59 ), the Plaintiff's Motion to Compel Designation (ECF No. 55 ) is WITHDRAWN and the motion is VACATED from the 2/3/2017 calendar. Plaintiff's other Motion to Compel (ECF No. 56 ) shall remain on calendar. (Shaddox-Waldrop, A) (Entered: 01/26/2017)
61Jan 27, 2017RequestNOTICE of APPEARANCE by Joel Dashiell Smith on behalf of JoAnn Martinelli. Attorney Smith, Joel Dashiell added. (Smith, Joel) (Entered: 01/27/2017)
62Jan 27, 2017RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 01/27/2017)
63Jan 27, 2017RequestSTATEMENT of Discovery Disagreement Re 56 Motion to Compel Production of Documents by Plaintiff JoAnn Martinelli. (Attachments: # 1 Declaration of Neal J. Deckant, # 2 Exhibit A-O (Redacted))(Fisher, Lawrence) Modified on 1/30/2017 (Becknal, R). (Entered: 01/27/2017)
64Jan 31, 2017ViewORDER signed by Magistrate Judge Deborah Barnes on 1/30/17: Hearing as to 56 MOTION to COMPEL continued to 2/10/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 2/3/2017, the parties shall file a joint statement re discovery disagreement. On or before 2/3/2017, defendants shall file a statement explaining their failure to contribute to the 1/27/2017 joint statement. Plaintiff's 1/27/2017 request to seal 62 is denied without prejudice. (Kaminski, H) (Entered: 01/31/2017)
65Feb 1, 2017RequestSTIPULATION and PROPOSED ORDER for Amending the August 30, 2016 Scheduling Order by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 02/01/2017)
66Feb 3, 2017RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 02/03/2017)
67Feb 3, 2017RequestJOINT STATEMENT re Discovery Disagreement re 56 Motion to Compel Production of Documents by Plaintiff JoAnn Martinelli. (Attachments: # 1 Exhibit A - O - Redacted Version, # 2 Declaration of Amanda Villalobos)(Fisher, Lawrence) (Entered: 02/03/2017)
68Feb 3, 2017RequestSTATEMENT of Defendants McNeil Nutritionals, LLC and Johnson & Johnson Regarding January 27, 2017 Submission by Defendants Johnson & Johnson, McNeil Nutritionals, LLC. (Villalobos, Amanda) (Entered: 02/03/2017)
69Feb 9, 2017ViewORDER signed by Magistrate Judge Deborah Barnes on 2/6/17 ORDERING that Plaintiff's 66 notice of request to seal (ECF No. 66) is GRANTED. The Clerk shall file under seal an unredacted version of the Joint Statement of Discovery Disagreement and Exhibits J-N at pages 123-142 of the Exhibits to the Joint Statement of Discovery Disagreement re Motion to Compel Production of Documents. (Kastilahn, A) (Entered: 02/09/2017)
70Feb 10, 2017ViewSTIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/9/2017 ORDERING the defendants to produce the documents from the three new custodians by 2/10/2017; ORDERING that Phase I Discovery be completed by 5/25/2017; ORDERING the plaintiffs to file a Motion for Class Certification by 6/29/2017 and that the hearing on said motion be noticed for hearing on 9/21/2017 at 02:00 PM; ORDERING the defendants to file their opposition to said motion by 7/27/2017; ORDERING that any reply be filed by 8/24/2017. (Michel, G.) (Entered: 02/10/2017)
71Feb 10, 2017RequestMINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 2/10/2017 re 56 Motion to Compel filed by JoAnn Martinelli. Court addressed defense refusal to participate in joint statement. Defense addressed court and stated time constraints. After hearing of extensive arguments, including redaction, custodian of records, for reasons stated on the record, pltf's 56 Motion to Compel Production of documents submitted. Court to issue written order. Plaintiffs Counsel L. Timothy Fisher present. Defendants Counsel Amanda Villalobos, Mollie Benedict present. Court Reporter/CD Number: Tiffany Brown/1. (Buzo, P) (Entered: 02/10/2017)
72Feb 13, 2017ViewORDER signed by Magistrate Judge Deborah Barnes on 2/10/2017 GRANTING IN PART, DENYING IN PART 56 Motion to Compel; ORDERING The defendants to meet and confer with the plaintiff, develop a list of additional search terms and additional custodians, conduct an additional search for responsive documents, and produce responsive documents to the plaintiff within twenty-eight days; ORDERING the defendants to produce to the plaintiff within twenty-eight days, a redaction log identifying each redaction, including the redaction of email attachments, and explaining why the information was redacted. (Michel, G.) (Entered: 02/13/2017)
73Apr 5, 2017RequestNOTICE of Supplemental Authority Re Defendants' Motion to Deny Nationwide Class Certification or, in the Alternative, to Strike Nationwide Class Allegations by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 04/05/2017)
74Apr 26, 2017RequestSTIPULATION and PROPOSED ORDER for Amending the August 30, 2016 Scheduling Order by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 04/26/2017)
75May 5, 2017RequestSTIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 5/4/2017 ORDERING that the Scheduling Order is AMENDED as follows: Plaintiff's Deadline to Move for Class Certification CONTINUED to 8/28/2017; Defendants' Deadline to Oppose Class Certification CONTINUED to 10/2/2017; Plaintiff's Deadline to File Class Certification Reply CONTINUED to 11/3/2017; Class Certification Hearing CONTINUED to 12/14/2017 at 2:00 PM. (Zignago, K.) (Entered: 05/05/2017)
76May 17, 2017RequestPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by JoAnn Martinelli for attorney Joseph I Marchese to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7067370) (Fisher, Lawrence) (Entered: 05/17/2017)
77May 19, 2017RequestPRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr. on 5/18/2017 ORDERING attorney Joseph I. Marchese, PHV ADDED for JoAnn Martinelli. (Zignago, K.) (Entered: 05/19/2017)
78May 23, 2017ViewMEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr on 5/22/17 ORDERING Plaintiff's Motion for Leave to File Second Amended Class Action Complaint (ECF No. 45 ) is DENIED and Defendants' Motion to Deny Class Certification (ECF No. 46 ) is GRANTED. Plaintiff's California subclass is not affected by this ruling. (Becknal, R) (Entered: 05/23/2017)
79Aug 28, 2017RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order)(Fisher, Lawrence) (Entered: 08/28/2017)
80Aug 28, 2017ViewMOTION to CERTIFY CLASS (Redacted Versions) by JoAnn Martinelli. Motion Hearing set for 12/14/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Declaration of Frederick J. Klorczyk III, # 2 Declaration of Colin B. Weir, # 3 Declaration of J. Michael Dennis, Ph.D., # 4 Declaration of JoAnn Martinelli, # 5 Proposed Order)(Fisher, Lawrence) (Entered: 08/28/2017)
81Sep 6, 2017RequestORDER signed by District Judge Morrison C. England, Jr. on 9/5/2017 GRANTING Request to Seal Documents re 80 Motion to Certify Class. (Michel, G.) (Entered: 09/06/2017)
82Oct 2, 2017ViewOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 80 Motion to Certify Class. Attorney Schmelz, Ronie Malka added. (Schmelz, Ronie) (Entered: 10/02/2017)
83Oct 2, 2017ViewMOTION to EXCLUDE Plaintiff's Surveys and Expert Testimony of J. Michael Dennis, Ph.D. by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 12/14/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibits A-L (Redacted), # 3 Expert Rebuttal Report Submitted by Dr. Bruce Isaacson in Response to the Report of J. Michael Dennis, Ph.D (Redacted), # 4 Proposed Order)(Schmelz, Ronie) (Entered: 10/02/2017)
84Oct 2, 2017RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 10/02/2017)
85Oct 2, 2017ViewMOTION to EXCLUDE Expert Testimony of Colin B. Weir by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 12/14/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibits A-R (Redacted), # 3 Rebuttal Declaration of Dr. Denise N. Martin (Redacted), # 4 Rebuttal Declaration of Dr. Scott D. Swain (Redacted), # 5 Proposed Order)(Schmelz, Ronie) (Entered: 10/02/2017)
86Oct 2, 2017RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 10/02/2017)
87Oct 4, 2017RequestCERTIFICATE of SERVICE by Johnson & Johnson, McNeil Nutritionals, LLC re 84 Notice of Request to Seal Document(s). (Schmelz, Ronie) (Entered: 10/04/2017)
88Oct 6, 2017RequestORDER signed by District Judge Morrison C. England, Jr. on 10/5/2017 GRANTING 84 Notice of Request to Seal Document(s). (Zignago, K.) (Entered: 10/06/2017)
89Oct 6, 2017RequestORDER signed by District Judge Morrison C. England, Jr. on 10/5/2017 GRANTING 86 Notice of Request to Seal Document(s). (Zignago, K.) (Entered: 10/06/2017)
90Oct 24, 2017RequestSTIPULATION and PROPOSED ORDER for Further Amending the Scheduling Order by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 10/24/2017)
91Oct 24, 2017RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: The Court received the Stipulation and Proposed Order for Further Amending the Scheduling Order 90 . Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) (Entered: 10/24/2017)
92Oct 31, 2017RequestSTIPULATION AND ORDER ORDER signed by District Judge Morrison C. England, Jr on 10/30/2017 ORDERING pursuant to the stipulation of the parties and good cause appearing, the Scheduling Order previously amended May 5, 2017 (ECF No. 75 ) is further amended as follows; Deadline to Complete Expert Depositions RESET to 12/22/2017; Plaintiff's Deadline to File Class Certification Reply, Daubert Oppositions, and Daubert Motions (if any) RESET to 1/5/2018; Defendants' Deadline to File Daubert Replies RESET to 1/19/2018; Defendants' Deadline to File Daubert Oppositions RESET to 1/26/2018; Plaintiff's Deadline to File Daubert Replies RESET to 2/8/2018; Class Certification and Daubert Hearing TBD. (Becknal, R) (Entered: 10/31/2017)
93Nov 2, 2017RequestNOTICE to RESCHEDULE HEARING on 80 Motion to Certify Class : Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Fisher, Lawrence) (Entered: 11/02/2017)
94Nov 15, 2017RequestAMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the March 8, 2018 hearing on Plaintiff's Motion for Class Certification 80 and any Daubert motions is vacated and submitted without appearance and argument. The briefing schedule set forth in the Court's October 31, 2017 Order as to this motion and any Daubert motions is confirmed. The December 14, 2017 Defendants' Motion to Exclude Plaintiff's Surveys and Expert Testimony 83 and the Defendants' Motion to Exclude Expert Testimony 85 are also all vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the December 14, 2017, motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) Modified on 11/15/2017 (Deutsch, S). (Entered: 11/15/2017)
95Nov 16, 2017RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: To clarify the Court's Amended Minute Order at ECF No. 94, the briefing schedule set forth in the Court's October 31, 2017 Order is CONFIRMED. The December 14, 2017 hearing on Defendants' Daubert motions (ECF Nos. 83 and 85) is vacated. Pursuant to the Court's October 31, 2017 Order, Defendants are again ordered to renotice the Daubert hearings for a date in line with the briefing schedule set forth in that Order. If Defendants do not renotice the hearings by 5:00 p.m. tomorrow, the Court will reset the hearings for March 8, 2018 to be heard with Plaintiff's Motion for Class Certification. The March 8, 2018 hearing on Plaintiff's Motion for Class Certification (ECF No. 80) is vacated and submitted without appearance and argument.(Deutsch, S) (Entered: 11/16/2017)
96Nov 20, 2017RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion Defendants' Daubert motions (ECF Nos. 83 and 85) are reset and submitted without oral argument on March 8, 2018. The opposition or statement of non-opposition and reply if any shall be filed in accordance with the briefing schedule set forth in the Court's October 31, 2017 Order. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 11/20/2017)
97Jan 5, 2018RequestNOTICE of REQUEST TO SEAL DOCUMENT(S) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) Modified on 1/8/2018 (Fabillaran, J). (Entered: 01/05/2018)
98Jan 5, 2018RequestREPLY by JoAnn Martinelli re 80 Motion to Certify Class. (Attachments: # 1 Declaration of Frederick J. Klorczyk III)(Klorczyk, Frederick) (Entered: 01/05/2018)
99Jan 5, 2018RequestOPPOSITION by JoAnn Martinelli to 83 Motion to Exclude Plaintiff's Surveys and Expert Testimony. (Klorczyk, Frederick) Modified on 1/8/2018 (Fabillaran, J). (Entered: 01/05/2018)
100Jan 5, 2018RequestOPPOSITION by JoAnn Martinelli to 85 Motion to Exclude Expert Testimony of Colin B. Weir. (Klorczyk, Frederick) (Entered: 01/05/2018)
101Jan 5, 2018RequestMOTION to STRIKE the Expert Testimony of Dr. Bruce Isaacson by JoAnn Martinelli. Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) Modified on 1/8/2018 (Fabillaran, J). (Entered: 01/05/2018)
102Jan 5, 2018RequestMOTION to STRIKE the Expert Testimony of Dr. Denise Martin by JoAnn Martinelli. Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) Modified on 1/8/2018 (Fabillaran, J). (Entered: 01/05/2018)
103Jan 5, 2018RequestMOTION to STRIKE the Expert Testimony of Dr. Scott Swain by JoAnn Martinelli. Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) Modified on 1/8/2018 (Fabillaran, J). (Entered: 01/05/2018)
104Jan 5, 2018ViewDECLARATION of J. Michael Dennis, PH.D. in re 80 Motion to Certify Class. (Klorczyk, Frederick) (Entered: 01/05/2018)
105Jan 5, 2018RequestDECLARATION of Colin B. Weir in re 80 Motion to Certify Class. (Klorczyk, Frederick) (Entered: 01/05/2018)
106Jan 8, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the March 8, 2018 hearing on the Motions to Strike (ECF 101 , 102 , 103 ) are vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Michel, G.) (Entered: 01/08/2018)
107Jan 12, 2018RequestORDER signed by District Judge Morrison C. England, Jr on 1/11/18 GRANTING 97 Request to Seal Document. (Kaminski, H) (Entered: 01/12/2018)
108Jan 19, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 01/19/2018)
109Jan 19, 2018ViewREPLY by Johnson & Johnson, McNeil Nutritionals, LLC in support of 85 Motion to Exclude. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibits A-B (Redacted), # 3 Declaration of Dr. Denise N. Martin (Redacted))(Schmelz, Ronie) (Entered: 01/19/2018)
110Jan 19, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 01/19/2018)
111Jan 19, 2018RequestREPLY by Johnson & Johnson, McNeil Nutritionals, LLC in support of to 83 Motion to Exclude. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibits A-C (Redacted), # 3 Declaration of Bruce Isaacson (Redacted), # 4 Declaration of Scott Swain (Redacted))(Schmelz, Ronie) Modified on 1/22/2018 (Benson, A.). (Entered: 01/19/2018)
112Jan 30, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 1/29/2018 GRANTING 108 Defendants Request to Seal Documents in Support of their Reply 109 in Support of 85 the Motion to exclude expert testimony of Colin B. Weir. (Reader, L) (Entered: 01/30/2018)
113Jan 30, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 1/29/2018 GRANTING 110 Defendants Request to Seal Documents in Support of their Reply 111 in Support of 83 the Motion to exclude surveys and expert testimony of J. Michael Dennis, PH.D. (Reader, L) (Entered: 01/30/2018)
114Feb 8, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order)(Fisher, Lawrence) (Entered: 02/08/2018)
115Feb 8, 2018RequestREPLY by JoAnn Martinelli re 103 Motion to Strike. (Fisher, Lawrence) (Entered: 02/08/2018)
116Feb 8, 2018RequestEX PARTE APPLICATION by Johnson & Johnson, McNeil Nutritionals, LLC for An Order Striking New Arguments Submitted in Plaintiff's Reply to Motion for Class Certification, or in The Alternative, Granting Leave to File a Sur-Reply. (Attachments: # 1 Proposed Order, # 2 Sur-Reply in Opposition to Motion for Class Certification, # 3 Redacted Declaration Amanda Villalobos, # 4 Redacted Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4)(Schmelz, Ronie) Modified on 2/9/2018 (Washington, S). (Entered: 02/08/2018)
117Feb 8, 2018RequestREPLY by JoAnn Martinelli re 102 Motion to Strike. (Fisher, Lawrence) (Entered: 02/08/2018)
118Feb 8, 2018RequestREPLY by JoAnn Martinelli re 101 Motion to Strike. (Fisher, Lawrence) (Entered: 02/08/2018)
119Feb 8, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) Modified on 2/9/2018 (Washington, S). (Entered: 02/08/2018)
120Feb 8, 2018RequestMOTION to STRIKE Reply Declaration of Colin B. Weir by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) Modified on 2/9/2018 (Washington, S). (Entered: 02/08/2018)
121Feb 8, 2018RequestMOTION to STRIKE Reply Declaration of J. Michael Dennis, Ph.D. by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 3/8/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) Modified on 2/9/2018 (Washington, S). (Entered: 02/08/2018)
122Feb 13, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the March 8, 2018 hearings on the Motions to Strike [120-120] are vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 02/13/2018)
123Feb 13, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) (Entered: 02/13/2018)
124Feb 13, 2018RequestOPPOSITION by Plaintiff JoAnn Martinelli to 116 Ex Parte Application. (Klorczyk, Frederick) Modified on 2/14/2018 (Fabillaran, J). (Entered: 02/13/2018)
125Feb 16, 2018RequestOPPOSITION by JoAnn Martinelli to 121 Motion to Strike. (Klorczyk, Frederick) (Entered: 02/16/2018)
126Feb 16, 2018RequestOPPOSITION by JoAnn Martinelli to 120 Motion to Strike. (Klorczyk, Frederick) (Entered: 02/16/2018)
127Feb 16, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 02/15/18 GRANTING 119 Request to Seal Document. (Benson, A.) (Entered: 02/16/2018)
128Feb 16, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 2/15/2018 GRANTING 114 Notice of Request to Seal Document(s). (Zignago, K.) (Entered: 02/16/2018)
129Feb 20, 2018RequestREPLY by Johnson & Johnson, McNeil Nutritionals, LLC re 116 Ex Parte Application,,. (Schmelz, Ronie) (Entered: 02/20/2018)
130Feb 22, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 02/21/18 GRANTING 123 Notice of Request to Seal Documents. (Benson, A.) (Entered: 02/22/2018)
131Feb 22, 2018RequestNOTICE of SUPPLEMENTAL AUTHORITY In Support of 82 Opposition by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Exhibit A)(Schmelz, Ronie) Modified on 2/23/2018 (Benson, A.). (Entered: 02/22/2018)
132Feb 22, 2018RequestOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 102 Motion to Strike. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibit A (Redacted))(Schmelz, Ronie) (Entered: 02/22/2018)
133Feb 22, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 02/22/2018)
134Feb 22, 2018RequestOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 103 Motion to Strike. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibit A (Redacted))(Schmelz, Ronie) (Entered: 02/22/2018)
135Feb 22, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 02/22/2018)
136Feb 22, 2018RequestOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 101 Motion to Strike. (Attachments: # 1 Declaration of Amanda Villalobos (Redacted), # 2 Exhibit A (Redacted))(Schmelz, Ronie) (Entered: 02/22/2018)
137Feb 22, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 02/22/2018)
138Feb 26, 2018RequestEX PARTE APPLICATION by JoAnn Martinelli for an Order (1) Striking New Arguments and (2) Striking Defendants' Untimely Oppositions. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) Modified on 2/27/2018 (Hunt, G). (Entered: 02/26/2018)
139Feb 28, 2018RequestOPPOSITION by Defendants Johnson & Johnson, McNeil Nutritionals, LLC to 138 Ex Parte Application. (Schmelz, Ronie) (Entered: 02/28/2018)
140Mar 1, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On its own motion, the Court hereby VACATES the following Orders granting the parties' various requests to seal: ECF Nos. 81, 88, 89, 107, 112, 113, 127, 128, and 130. In lieu of those orders, the Court orders unredacted versions of the following documents, of which redacted versions are on file pursuant to the parties' stipulated protective order, to be filed under seal by the Clerk's Office: ECF Nos. 80, 83, 85, 98, 101, 102, 103, 99, 100, 98, 104, 105, 109, 111, 116, 118, 117, 115, 124. Pursuant to Local Rule 141(e)(2)(i), the parties are ordered to email complete unredacted copies of those filings to ApprovedSealed@caed.uscourts.gov. Counsel for submitting party is directed to serve the opposing party(s) with all unredacted documents and file a proof of service once completed. Going forward, pursuant to Local Rule 140 and the parties' stipulated protective order, the parties are ordered to file redacted versions of all documents containing information designated as confidential or highly confidential under the protective order, as well as a notice of request to seal the entirety of the document containing that information. The parties are directed to Local Rule 141 regarding the filing of documents under seal. The requests at ECF Nos. 133, 135, and 137 are DENIED, and Defendant is directed to follow the procedure outlined in this Minute Order. (Deutsch, S) (Entered: 03/01/2018)
141Mar 2, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: To clarify the Court's previous minute order: going forward, the parties are ordered to file two versions of any document containing purportedly confidential information. First, counsel shall comply with Local Rule 140 to file public redacted versions of all documents containing information designated as confidential or highly confidential under the stipulated protective order. Second, counsel shall comply with Local Rule 141 to file an unredacted version of the same document under seal, including the filing of a notice of request to seal, and emailing of the required documents to mceorders@caed.uscourts.gov and ApprovedSealed@caed.uscourts.gov.(Deutsch, S) (Entered: 03/02/2018)
142Mar 2, 2018RequestCERTIFICATE of SERVICE by Johnson & Johnson, McNeil Nutritionals, LLC. re [ 140 ] Minute Order. (Villalobos, Amanda) Modified on 3/5/2018 (Reader, L). (Entered: 03/02/2018)
143Mar 2, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 03/02/2018)
144Mar 2, 2018RequestSEALED EVENT. [UNREDACTED DOCUMENTS re: 83 Motion to Exclude] (Attachments: # 1 part 2) (Donati, J) (Entered: 03/02/2018)
145Mar 2, 2018RequestSEALED EVENT. [UNREDACTED DOCUMENTS re: 85 Motion to Exclude] (Attachments: # 1 part 2, # 2 part 3) (Donati, J) (Entered: 03/02/2018)
146Mar 2, 2018RequestSEALED EVENT. [UNREDACTED DOCUMENTS re: 109 Reply] (Attachments: # 1 part 2, # 2 part 3) (Donati, J) (Entered: 03/02/2018)
147Mar 2, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 111 Reply] (Attachments: # 1 part 2, # 2 part 3, # 3 part 4) (Donati, J) (Entered: 03/02/2018)
148Mar 2, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 116 Ex Parte Application] (Donati, J) (Entered: 03/02/2018)
149Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 80 Motion to Certify Class] (Attachments: # 1 part 2, # 2 part 3, # 3 part 4) (Donati, J) (Entered: 03/06/2018)
150Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 98 Reply by JoAnn Martinelli] (Attachments: # 1 Part 2) (Donati, J) (Entered: 03/06/2018)
151Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 99 Opposition by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
152Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 100 Opposition by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
153Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 101 Motion to Exclude Testimony of Isaacson] (Donati, J) (Entered: 03/06/2018)
154Mar 6, 2018RequestCERTIFICATE of SERVICE by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 03/06/2018)
155Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 102 Motion to Strike] (Donati, J) (Entered: 03/06/2018)
156Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 103 Motion to Exclude Testimony of Scott Swain] (Donati, J) (Entered: 03/06/2018)
157Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 107 Order to Seal] (Attachments: # 1 Part 2) (Donati, J) (Entered: 03/06/2018)
158Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 115 REPLY by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
159Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 117 Reply by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
160Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 118 Reply by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
161Mar 6, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 124 Opposition by JoAnn Martinelli] (Donati, J) (Entered: 03/06/2018)
162Mar 20, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 3/17/2018 ORDERING the Court finds that 132 , 134 , 136 documents at issue should be filed under seal; the Clerk of the Court shall file these documents under SEAL. (Reader, L) (Entered: 03/20/2018)
163Mar 21, 2018RequestCERTIFICATE of SERVICE by Johnson & Johnson, McNeil Nutritionals, LLC re 134 Opposition to Motion, 132 Opposition to Motion, 136 Opposition to Motion. (Villalobos, Amanda) (Entered: 03/21/2018)
164Mar 21, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 132 Opposition by Johnson & Johnson, and McNeil Nutritionals, LLC] (Attachments: # 1 Part 2) (Donati, J) (Entered: 03/21/2018)
165Mar 21, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 134 Opposition by Johnson & Johnson, and McNeil Nutritionals, LLC] (Donati, J) (Entered: 03/21/2018)
166Mar 21, 2018RequestSEALED EVENT [UNREDACTED DOCUMENTS re: 136 Opposition by Johnson & Johnson, and McNeil Nutritionals, LLC] (Attachments: # 1 part 2) (Donati, J) (Entered: 03/21/2018)
167Mar 27, 2018RequestORDER signed by District Judge Morrison C. England, Jr on 3/26/2018 VACATING 80 , 83 , 85 , 101 , 102 , 103 , 120 , 121 , 138 Motions; Plaintiff is ordered to refile her Motion for Class Certifications no earlier than 4/1/2018, noticing that motion for 8/9/2018; Parties are DIRECTED to meet and confer and to file a stipulated briefing schedule within 10 days. Additionally, the parties are ORDERED to file a statement with the Court advising when briefing is complete and to submit unredacted copies of all filings and supporting documents. (Fabillaran, J) (Entered: 03/27/2018)
168Apr 6, 2018RequestSTIPULATION and PROPOSED ORDER for Class Certification Briefing Schedule and Related Motions by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 04/06/2018)
169Apr 10, 2018RequestSTIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 4/9/2018 GRANTING the Class Certification Briefing Schedule and Related Motions set forth in this order. (Fabillaran, J) (Entered: 04/10/2018)
Apr 10, 2018SERVICE BY MAIL: 169 Order served on Annick Marie Persinger. (Fabillaran, J) (Entered: 04/10/2018)
170Apr 25, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Klorczyk, Frederick) (Entered: 04/25/2018)
171Apr 25, 2018RequestMOTION to CERTIFY CLASS by JoAnn Martinelli. Motion Hearing set for 8/9/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Attachments: # 1 Proposed Order)(Klorczyk, Frederick) (Entered: 04/25/2018)
172Apr 27, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the August 9, 2018 hearing on the Motion to Certify Class 171 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 04/27/2018)
173May 1, 2018RequestORDER signed by District Judge Morrison C. England, Jr on 4/30/18 GRANTING 170 Request to Seal Document. (Kaminski, H) (Entered: 05/01/2018)
May 1, 2018SERVICE BY MAIL: 173 Order, served on Annick Marie Persinger. (Kaminski, H) (Entered: 05/01/2018)
174May 2, 2018RequestSEALED EVENT (Zignago, K.) (Entered: 05/03/2018)
175May 18, 2018RequestOPPOSITION by Johnson & Johnson, McNeil Nutritionals, LLC to 171 Motion to Certify Class. (Attachments: # 1 Declaration of Amanda Villalobos, # 2 Exhibit A)(Schmelz, Ronie) (Entered: 05/18/2018)
176May 18, 2018ViewMOTION to EXCLUDE the Testimony of Colin B. Weir, the Testimony of J. Michael Dennis, PH.D. and Reference to FDA Warning Letters by Johnson & Johnson, McNeil Nutritionals, LLC. Motion Hearing set for 8/9/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: # 1 Declaration of Amanda Villalobos, # 2 Exhibit to the Declaration of Amanda Villalobos, # 3 Declaration of Bruce Isaacson (10.2.17), # 4 Declaration of Bruce Isaacson (1.19.18), # 5 Declaration of Scott Swain (10.2.17), # 6 Declaration of Scott Swain (1.19.18), # 7 Declaration of Denise Martin (10.2.17), # 8 Declaration of Denise Martin (1.19.18, # 9 Proposed Order)(Schmelz, Ronie) Modified on 5/21/2018 (Fabillaran, J). (Entered: 05/18/2018)
177May 18, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Schmelz, Ronie) (Entered: 05/18/2018)
178May 21, 2018RequestCERTIFICATE of SERVICE by Johnson & Johnson, McNeil Nutritionals, LLC re 176 Motion to Exclude Testimony. (Villalobos, Amanda) Modified on 5/22/2018 (Fabillaran, J). (Entered: 05/21/2018)
179May 29, 2018ViewORDER signed by District Judge Morrison C. England, Jr., on 5/29/18, ORDERING that Exhibits A, C-H to the Declaration of Amanda Villalobos in Support of Defendants' Evidentiary Motion to Exclude; and the 10/2/17 and 1/19/18 Declarations of Dr. Bruce Isaacson, the 10/2/17 and 1/19/18 Declarations of Dr. Denise Martin, and the 10/2/17 and 1/19/18 Declarations of Dr. Scott Swain shall be filed under SEAL for the duration of this litigation or two years from the date of electronic filing of this Order. (Kastilahn, A) (Entered: 05/29/2018)
180May 30, 2018RequestSEALED EVENT (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12, # 12 Part 13, # 13 Part 14, # 14 Part 15) (Kastilahn, A) (Entered: 05/31/2018)
181Jun 12, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Klorczyk, Frederick) (Entered: 06/12/2018)
182Jun 12, 2018ViewREPLY by JoAnn Martinelli re 171 Motion to Certify Class. (Klorczyk, Frederick) (Entered: 06/12/2018)
183Jun 12, 2018ViewOPPOSITION by JoAnn Martinelli to 176 Motion to Exlcude the Testimony. (Klorczyk, Frederick) (Entered: 06/12/2018)
184Jun 12, 2018RequestMOTION to EXCLUDE the Expert Testimony of Dr. Bruce Isaacson and Dr. Denise Martin by JoAnn Martinelli. Motion Hearing set for 8/9/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Klorczyk, Frederick) (Entered: 06/12/2018)
185Jun 12, 2018RequestPROPOSED ORDER re 184 Motion to Exclude by JoAnn Martinelli. (Klorczyk, Frederick) (Entered: 06/12/2018)
186Jun 15, 2018RequestMINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the August 9, 2018 hearing on the Motions to Exclude 176 184 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 06/15/2018)
187Jun 20, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 6/19/2018 GRANTING 181 Plaintiff's Request to Seal Document(s) and the portions of Renewed Motion for Class Certification. (Reader, L) (Entered: 06/20/2018)
188Jun 22, 2018RequestNOTICE of SUPPLEMENTAL AUTHORITY in SUPPORT of 175 Opposition to Motion by Johnson & Johnson, Inc., McNeil Nutritionals, LLC . (Schmelz, Ronie) (Entered: 06/22/2018)
189Jun 22, 2018RequestSEALED EVENT (Washington, S) (Entered: 07/02/2018)
190Jun 22, 2018RequestSEALED EVENT (Washington, S) (Entered: 07/02/2018)
191Jun 22, 2018RequestSEALED EVENT (Washington, S) (Entered: 07/02/2018)
192Jul 2, 2018ViewRESPONSE by JoAnn Martinelli to 188 Notice of Supplemental Authority. (Klorczyk, Frederick) Modified on 7/3/2018 (Washington, S). (Entered: 07/02/2018)
193Jul 5, 2018RequestREPLY by Johnson & Johnson, Inc., McNeil Nutritionals, LLC re 176 Motion to Exlcude the Testimony. Attorney Benedict, Mollie Fleming added. (Attachments: # 1 Declaration of Amanda Villalobos [Redacted], # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Benedict, Mollie) (Entered: 07/05/2018)
194Jul 5, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Benedict, Mollie) (Entered: 07/05/2018)
195Jul 5, 2018RequestOPPOSITION by Johnson & Johnson, Inc., McNeil Nutritionals, LLC to 184 Motion to Exclude. (Attachments: # 1 Declaration of Amanda Villalobos [redacted], # 2 Exhibit A, # 3 Exhibit B)(Benedict, Mollie) (Entered: 07/05/2018)
196Jul 5, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Attachments: # 1 Proposed Order)(Benedict, Mollie) (Entered: 07/05/2018)
197Jul 6, 2018RequestCERTIFICATE of SERVICE by Johnson & Johnson, Inc., McNeil Nutritionals, LLC re 195 Opposition to Motion, 193 Reply,. (Villalobos, Amanda) (Entered: 07/06/2018)
198Jul 19, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 07/17/18 GRANTING 194 Notice of Request to Seal Documents. (Benson, A.) (Entered: 07/19/2018)
199Jul 19, 2018RequestORDER signed by District Judge Morrison C. England, Jr. on 07/17/18 GRANTING 196 Notice of Request to Seal Documents. (Benson, A.) (Entered: 07/19/2018)
200Jul 30, 2018RequestSEALED EVENT (Kastilahn, A) (Entered: 07/30/2018)
201Jul 30, 2018RequestSEALED EVENT (Kastilahn, A) (Entered: 07/30/2018)
202Jul 30, 2018RequestSEALED EVENT (Kastilahn, A) (Entered: 07/30/2018)
203Jul 30, 2018RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Klorczyk, Frederick) (Entered: 07/30/2018)
204Jul 30, 2018ViewREPLY by JoAnn Martinelli re 184 Motion to Exclude. (Klorczyk, Frederick) (Entered: 07/30/2018)
205Jul 30, 2018RequestSTATEMENT of Completion of All Briefing Regarding Class Certification and Corresponding Daubert Motions by Plaintiff JoAnn Martinelli. (Klorczyk, Frederick) (Entered: 07/30/2018)
206Jul 31, 2018RequestNOTICE of Supplemental Authority in Support of Plaintiff's Reply Memorandum of Law in Support of Renewed Motion for Class Certification by JoAnn Martinelli. (Klorczyk, Frederick) (Entered: 07/31/2018)
207Aug 9, 2018RequestORDER signed by District Judge Morrison C. England, Jr on 8/8/2018 GRANTING 203 Notice of Request to Seal Document(s). (Washington, S) (Entered: 08/09/2018)
208Aug 10, 2018RequestNOTICE of APPEARANCE by Richard Blair Goetz on behalf of Johnson & Johnson, Inc., McNeil Nutritionals, LLC. Attorney Goetz, Richard Blair added. (Goetz, Richard) (Entered: 08/10/2018)
209Aug 10, 2018ViewRESPONSE by Johnson & Johnson, Inc., McNeil Nutritionals, LLC to 206 Notice - Other. (Goetz, Richard) (Entered: 08/10/2018)
210Aug 13, 2018RequestPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Johnson & Johnson, Inc., McNeil Nutritionals, LLC for attorney Hannah Y. Chanoine to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7809606) (Goetz, Richard) (Entered: 08/13/2018)
211Aug 14, 2018RequestSEALED EVENT (Reader, L) (Entered: 08/14/2018)
212Aug 22, 2018RequestPRO HAC VICE ORDER signed by District Judge Morrison C. England, Jr on 8/21/18. Added attorney Hannah Y. Chanoine for Johnson & Johnson, Inc. and McNeil Nutritionals, LLC. (Mena-Sanchez, L) (Entered: 08/22/2018)
213Aug 29, 2018RequestNOTICE of SUPPLEMENTAL AUTHORITY by JoAnn Martinelli re 183 Opposition to Motion, 182 Reply. (Klorczyk, Frederick) Modified on 9/5/2018 (Mena-Sanchez, L). (Entered: 08/29/2018)
214Oct 12, 2018ViewNOTICE OF SUPPLEMENTAL AUTHORITY by JoAnn Martinelli. (Klorczyk, Frederick) Modified on 10/15/2018 (Benson, A.). (Entered: 10/12/2018)
216Mar 29, 2019ViewMEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 3/28/2019 DENYING 176 , 184 Motions to Exclude and DENYING IN PART and GRANTING IN PART 171 Motion to Certify Class. (Huang, H) Modified on 4/1/2019 (Huang, H). (Entered: 03/29/2019)
217Dec 12, 2019RequestSTIPULATION and PROPOSED ORDER for Remaining Case Deadlines by JoAnn Martinelli. (Klorczyk, Frederick) (Entered: 12/12/2019)
218Dec 20, 2019ViewSUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by Senior District Judge Morrison C. England, Jr. on 12/20/2019. (Deutsch, S) (Entered: 12/20/2019)
219Mar 10, 2020RequestMOTION to QUASH Subpoena by James T Foster. Attorney Klorczyk, Frederick J. added. Motion Hearing SET for 4/3/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Klorczyk, Frederick) Modified on 3/11/2020 (Mena-Sanchez, L). (Entered: 03/10/2020)
220Mar 10, 2020RequestMOTION to QUASH Subpoena by Larry Martinelli. Attorney Klorczyk, Frederick J. added. Motion Hearing SET for 4/3/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Klorczyk, Frederick) Modified on 3/11/2020 (Mena-Sanchez, L). (Entered: 03/10/2020)
221Mar 18, 2020RequestMOTION for ENTRY of PROPOSED NOTICE PLAN by JoAnn Martinelli. Motion Hearing set for 4/16/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: # 1 Declaration, # 2 Proposed Order)(Deckant, Neal) Modified on 3/19/2020 (Huang, H). (Entered: 03/18/2020)
222Mar 20, 2020RequestMINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 3/20/2020. IT IS HEREBY ORDERED: On the Court's own motion, in the interest of public health and safety, and in light of General Orders 611 and 612, Movants 219 Motion to Quash, 220 Motion to Quash previously scheduled for 4/3/2020 are continued to 5/8/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) (Entered: 03/20/2020)
223Mar 20, 2020RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the April 16, 2020 hearing on the Motion for Entry of Proposed Notice Plan 221 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 03/20/2020)
224Mar 27, 2020RequestJOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Movant James T Foster re 219 Motion to Quash. (Klorczyk, Frederick) (Entered: 03/27/2020)
225Mar 27, 2020RequestJOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Movant Larry Martinelli re 220 Motion to Quash. (Klorczyk, Frederick) (Entered: 03/27/2020)
226Apr 2, 2020RequestOPPOSITION by Johnson & Johnson, Inc., McNeil Nutritionals, LLC to 221 motion for entry of proposed notice plan. (Attachments: # 1 Declaration of Joseph R. O'Connor)(Chanoine, Hannah) Modified on 4/3/2020 (Zignago, K.). (Entered: 04/02/2020)
227Apr 2, 2020RequestMOTION to Clarify and Modify the Class Definition by Defendants. Motion Hearing SET for 4/30/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Chanoine, Hannah) (Entered: 04/02/2020)
228Apr 8, 2020RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 4/30/2020 hearing on the Motion to Clarify and Modify the Class Definition 227 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 04/08/2020)
229Apr 9, 2020ViewREPLY by JoAnn Martinelli in SUPPORT of 221 Motion for Entry of Proposed Notice Plan. (Deckant, Neal) Modified on 4/9/2020 (York, M). (Entered: 04/09/2020)
230Apr 16, 2020ViewOPPOSITION by JoAnn Martinelli to 227 Motion to Clarify and Modify the Class Definition. (Klorczyk, Frederick) Modified on 4/17/2020 (Kaminski, H). (Entered: 04/16/2020)
231Apr 20, 2020RequestMINUTE ORDER: (TEXT ONLY) signed by Magistrate Judge Deborah Barnes on 04/20/2020. On the Court's own motion, in light of General Order 617, the hearing of movant's re 219 Motion to Quash, 220 Motion to Quash, is continued to June 5, 2020, at 10:00 am, in Courtroom Number 27.(Van Dine, B) (Entered: 04/20/2020)
232Apr 23, 2020ViewREPLY by Defendants re 227 Motion to Clarify and Modify the class definition (Chanoine, Hannah) Modified on 4/24/2020 (Mena-Sanchez, L). (Entered: 04/23/2020)
233May 22, 2020RequestSTIPULATION and PROPOSED ORDER for Extending Case Schedule by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. Attorney Lazatin, Carlos M. added. (Lazatin, Carlos) (Entered: 05/22/2020)
234Jun 1, 2020RequestSTIPULATION AND ORDER signed by Senior Judge Morrison C. England, Jr on 5/29/2020 EXTENDING Case Schedule: Non-Expert Discovery completed by 9/25/2020; Expert designations and reports due by 11/20/2020; Supplemental designations and reports of experts who will express an opinion on a subject covered by an expert designated by an adverse party due by 1/22/2021; Dispositive motions due by 1/22/2021; The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving the Court's ruling(s) on dispositive motion(s). If the parties do not file dispositive motions, the Parties shall file a Joint Notice of Trial Readiness not later than 2/22/2021; and Other than as stated herein, the Parties will comply with the terms of the Court's 12/20/2019 Supplemental Pretrial Scheduling Order, Dkt. No. 218 .(Becknal, R) (Entered: 06/01/2020)
235Jun 5, 2020RequestMINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Deborah Barnes MOTION HEARING held on 6/5/2020 re 219 Motion to Quash filed by James T Foster, 220 Motion to Quash filed by Larry Martinelli. After hearing of arguments, for reasons stated on the record, movants' 219 Motion to Quash and 220 Motion to Quash Denied as stated on the record. Court to issue written order. Plaintiff's Counsel Neil Deckant, Appeared Telephonically. Defendants' Counsel Carlos Lazatin and Hannah Chanoine, Appeared by Zoom. Court Reporter/CD Number: Jennifer Coulthard. (Buzo, P) (Entered: 06/05/2020)
236Jun 8, 2020RequestORDER signed by Magistrate Judge Deborah Barnes on 6/8/20 DENYING 219 Motion to Quash filed by James T Foster and 220 Motion to Quash filed by Larry Martinelli. (Kaminski, H) (Entered: 06/08/2020)
237Jul 24, 2020RequestMOTION to COMPEL Further Response to Defendants' Interrogatory by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. Motion Hearing set for 8/28/2020 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: # 1 Proposed Order)(Chanoine, Hannah) (Entered: 07/24/2020)
238Jul 30, 2020RequestTRANSCRIPT REQUEST by Johnson & Johnson, Inc., McNeil Nutritionals, LLC for proceedings held on June 05, 2020 before Judge Deborah Barnes. Court Reporter Jennifer Coulthard. (Chanoine, Hannah) (Entered: 07/30/2020)
239Jul 30, 2020RequestAMENDED TRANSCRIPT REQUEST re 238 by Johnson & Johnson, Inc., McNeil Nutritionals, LLC for proceedings held on June 05, 2020 before Judge Deborah Barnes. Court Reporter Jennifer Coulthard. (Chanoine, Hannah) (Entered: 07/30/2020)
240Aug 3, 2020RequestTRANSCRIPT of Proceedings Motion to quash held on 6/5/2020, before Magistrate Judge Deborah Barnes, filed by Jennifer Coulthard, Phone number 530-537-9312 E-mail jenrmrcrr2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Coulthard, J) (Entered: 08/03/2020)
241Aug 21, 2020RequestWITHDRAWAL of 237 Motion to Compel, filed by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 08/21/2020)
242Sep 1, 2020RequestSTIPULATION and PROPOSED ORDER for Establishing Remote Deposition Protocol by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 09/01/2020)
243Sep 1, 2020RequestNOTICE of APPEARANCE by Brittany Skye Scott on behalf of JoAnn Martinelli. Attorney Scott, Brittany Skye added. (Scott, Brittany) (Entered: 09/01/2020)
244Sep 3, 2020RequestSTIPULATION and ORDER ESTABLISHING REMOTE DEPOSITION PROTOCOL signed by Magistrate Judge Deborah Barnes on 9/2/2020. (Kastilahn, A) (Entered: 09/03/2020)
245Sep 15, 2020RequestSTIPULATION and PROPOSED ORDER for Admissibility of Declaration of Larry Martinelli by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 09/15/2020)
246Sep 22, 2020RequestSTIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 9/21/2020 ORDERING the Declaration of Larry Martinelli in Support of Motion to Quash Subpoena (Dkt. 225 at 21-22) shall be admissible in this case for all purposes, including at trial. (Zignago, K.) (Entered: 09/22/2020)
247Oct 15, 2020ViewMOTION to DECERTIFY the CLASSES by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. Motion Hearing set for 11/12/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: # 1 Declaration of Joseph R. O'Connor, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Declaration of Theodore K. Bell, # 11 Declaration of Laurie Weis, # 12 Declaration of Alison J. Sentie, # 13 Proposed Order)(Lazatin, Carlos) Modified on 10/16/2020 (Coll, A). (Entered: 10/15/2020)
248Oct 15, 2020RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 10/15/2020)
249Oct 20, 2020RequestSTIPULATION and PROPOSED ORDER to Set a Briefing Schedule on 247 Motion to Decertify the Classes by JoAnn Martinelli. (Deckant, Neal) Modified on 10/21/2020 (Huang, H). (Entered: 10/20/2020)
250Oct 22, 2020RequestSTIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 10/22/2020 SETTING briefing schedule on Defendants' 247 Motion to Decertify the Classes as follows: plaintiff's opposition due 12/2/2020; defendants' reply due 12/23/2020; hearing date set for 1/14/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Zignago, K.) (Entered: 10/22/2020)
251Oct 23, 2020RequestORDER signed by Senior Judge Morrison C. England, Jr. on 10/23/2020 GRANTING 248 Notice of Request to Seal Document(s) filed by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Zignago, K.) (Entered: 10/23/2020)
252Oct 23, 2020RequestSEALED EVENT (Attachments: # 1 Sealed Event, # 2 Sealed Event, # 3 Sealed Event, # 4 Sealed Event, # 5 Sealed Event) (Zignago, K.) (Entered: 10/23/2020)
253Oct 26, 2020RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 1/14/2021 hearing on the Motion to Decertify 247 is vacated and submitted without appearance and argument. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 10/26/2020)
254Oct 27, 2020RequestSTIPULATION and PROPOSED ORDER to Stay Litigation Pending the Parties' Mediation by JoAnn Martinelli. (Deckant, Neal) Modified on 10/28/2020 (Mena-Sanchez, L). (Entered: 10/27/2020)
255Nov 6, 2020RequestSTIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr., on 11/5/2020 ORDERING that all proceedings and deadlines in this action are STAYED to allow the Parties to focus solely on resolution leading up to the mediation. The Parties are to file a status report of their settlement efforts on or before 12/11/2020. (Kastilahn, A) (Entered: 11/06/2020)
256Dec 11, 2020ViewJOINT STATUS REPORT by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Chanoine, Hannah) (Entered: 12/11/2020)
257Jan 6, 2021RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion, ECF Nos. 221, 227 and 247 are denied without prejudice subject to refiling, if appropriate, once the stay is lifted. (Deutsch, S) (Entered: 01/06/2021)
258Jan 8, 2021ViewJOINT STATUS REPORT by JoAnn Martinelli. (Fisher, Lawrence) (Entered: 01/08/2021)
259Jan 13, 2021RequestNOTICE of CHANGE of ADDRESS by Frederick J. Klorczyk. (Klorczyk, Frederick) (Entered: 01/13/2021)
260Jan 15, 2021RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: After review of the Joint Status Report 258 and on the Court's own motion, the parties shall file a further Joint Status Report as to the settlement negotiations every 60 days from the date of this Order. (Deutsch, S) (Entered: 01/15/2021)
261Mar 16, 2021RequestJOINT STATUS REPORT by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 03/16/2021)
262May 14, 2021RequestJOINT STATUS REPORT by JoAnn Martinelli. (Klorczyk, Frederick) (Entered: 05/14/2021)
263Jul 13, 2021ViewJOINT STATUS REPORT by JoAnn Martinelli. (Deckant, Neal) (Entered: 07/13/2021)
264Aug 2, 2021RequestJOINT STATUS REPORT by Johnson & Johnson, Inc., McNeil Nutritionals, LLC. (Lazatin, Carlos) (Entered: 08/02/2021)
265Aug 10, 2021ViewMOTION for PRELIMINARY APPROVAL of CLASS ACTION SETTLEMENT by JoAnn Martinelli. Motion Hearing set for 9/23/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.. (Attachments: # 1 Declaration of Neal J. Deckant, # 2 Declaration of JoAnn Martinelli, # 3 Proposed Order)(Deckant, Neal) (Entered: 08/10/2021)
266Aug 10, 2021RequestNOTICE of Request to Seal Document(s) pursuant to L.R. 141 by JoAnn Martinelli. (Attachments: # 1 Joint Request to Seal, # 2 Proposed Order)(Deckant, Neal) (Entered: 08/10/2021)
267Aug 11, 2021RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 9/23/2021 hearing on the Motion for Preliminary Approval of Class Action Settlement 265 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 08/11/2021)
268Aug 16, 2021RequestORDER signed by Senior Judge Morrison C. England, Jr on 8/13/2021 GRANTING 266 Request to Seal and ORDERING that the Walk Away Right Agreement attached as Exhibit 1 to the Request to Seal shall be filed under seal.. (Tupolo, A) (Entered: 08/16/2021)
269Sep 3, 2021ViewCORRECTED MEMORANDUM IN SUPPORT of 265 Motion for Preliminary Approval of Class action Settlement by JoAnn Martinelli. (Attachments: # 1 Declaration)(Deckant, Neal) Modified on 9/3/2021 (York, M). (Entered: 09/03/2021)
270Sep 28, 2021ViewORDER signed by Senior Judge Morrison C. England, Jr. on 9/27/2021 GRANTING 265 Motion for Preliminary Approval of Class Action Settlement. (Huang, H) (Entered: 09/28/2021)
271Jan 12, 2022ViewMOTION for ATTORNEY FEES by JoAnn Martinelli. Motion Hearing set for 3/24/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr. (Attachments: # 1 Declaration of Neal J. Deckant, # 2 Proposed Order)(Deckant, Neal) (Entered: 01/12/2022)
272Jan 13, 2022RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/24/2022 hearing on the Motion for Attorney fees 271 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 01/13/2022)
273Feb 9, 2022RequestMOTION for FINAL APPROVAL of CLASS ACTION SETTLEMENT by JoAnn Martinelli. Motion Hearing set for 3/24/2022 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr. (Attachments: # 1 Declaration of Neal J. Deckant, # 2 Declaration of Jennifer M. Keough, # 3 Proposed Order)(Deckant, Neal) (Entered: 02/09/2022)
274Feb 24, 2022RequestMINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 3/24/2022 hearing on the MOTION for Final Approval of Class Action Settlement 273 is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 02/24/2022)
275Mar 10, 2022RequestSTATEMENT of NON-OPPOSITION by Johnson & Johnson, Inc., McNeil Nutritionals, LLC to 271 Motion for Attorney Fees. (Lazatin, Carlos) (Entered: 03/10/2022)

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