Hicks v. Grimmway Enterprises, Inc. et al

Federal Civil Lawsuit California Southern District Court, Case No. 3:22-cv-02038-JLS-DDL
District Judge Janis L. Sammartino, presiding
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District Judge Janis L. Sammartino
Last Updated October 12, 2025 at 3:09 AM EDT (5.2 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Elizabeth Hicks, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Karoline Kitlowski +1 619 702 6760 kkitlowski@tysonmendes.com

Represented by Sullivan & Christiani LLP

Name Phone Fax E-Mail
Space William Bransfield Sullivan +1 619 702 6760 +1 619 702 6761 helen@sullivanlawgroupllp.com

Represented by sullivanlawgroupapc.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Ryan Kuhn +1 619 702 6760 ryan@sullivanlawgroupapc.com
Space Eric Yaeckel +1 619 702 6760 +1 619 702 6761 yaeckel@sullivanlawgroupapc.com
v.
No Logo Does 1-100, Defendant
No Logo Grimmway Enterprises Inc., Defendant

Represented by Gordon & Rees LLP

Name Phone Fax E-Mail
Space Timothy K Branson +1 619 696 6700 +1 619 696 7124 tbranson@grsm.com
Space Patrick J Mulkern PHV pmulkern@grsm.com
Attributes
Office San Diego
Filed 12/22/2022
Jury Demand Plaintiff
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332nr Diversity-Notice of Removal
Jurisdiction Diversity
Disposition Dismissed - Settled
County San Diego
Terminated 5/29/2024
Origin 2
Reopened
Lead Case
Related Case
Other Court Case 37-2022-00038827-CU-BT-CTL[Superior Court, San Diego County, CA]
Defendant Custody Status
Flags CLOSED,.,ENE,PROTO
Timeline
  Entries (71) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 71 Filed: 5/29/2024, Entered: 5/29/2024 Order on Motion to DismissCourt Filing
ORDER Approving [70] Joint Stipulation. Signed by Judge Janis L. Sammartino on 5/24/24. (aas) (sjt).
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Legal Document (Payment Possibly Required) 70 Filed: 5/23/2024, Entered: 5/23/2024, Terminated: 5/29/2024 Motion to Dismiss
Joint MOTION to Dismiss with Prejudice pursuant to FRCP 41(a)(1)(A)(ii) by Elizabeth Hicks. (Kuhn, Ryan) (aas).
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Blank 69 Filed: 5/16/2024, Entered: 5/16/2024 Status ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Status Conference re Settlement was held on 5/16/2024. The Court sets a telephonic, counsel-only Settlement Disposition Conference (SDC) for June 14, 2024 at 10:00 a.m. Counsel for the parties must conference together on a single line, then jointly call Judge Leshner's chambers at the appointed time. If dismissal papers are filed before June 14, 2024, the SDC will be vacated without further notice from the Court. (Settlement Disposition Conference set for 6/14/2024 10:00 AM before Magistrate Judge David D. Leshner.). (Plaintiff Attorney R. Kuhn).(Defendant Attorney T. Branson). (no document attached) (src)
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Blank 68 Filed: 5/10/2024, Entered: 5/10/2024 Set HearingsCourt Filing
Minute Entry Setting Status Conference: The Court hereby sets a Status Conference re Settlement for May 16, 2024 at 3:00 p.m. before Magistrate Judge David D. Leshner. The Status Conference will be held by videoconference. Appearances should be made using the following Zoom credentials:Meeting ID: 161 807 0006Passcode: 937837(Status Conference set for 5/16/2024 03:00 PM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Legal Document (Payment Possibly Required) 67 Filed: 5/7/2024, Entered: 5/8/2024 order on motion to certify classCourt Filing
ORDER Denying Without Prejudice Plaintiff's [49] Motion for Class Certification and Vacating Hearing. Signed by Judge Janis L. Sammartino on 5/7/24. (aas)
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Legal Document (Payment Possibly Required) 66 Filed: 5/3/2024, Entered: 5/3/2024 Notice of settlement
NOTICE of Settlement by Grimmway Enterprises, Inc. (Branson, Timothy) (aas).
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Blank 65 Filed: 5/2/2024, Entered: 5/2/2024 Order on Motion for sanctions
ORDER finding as moot [51] Motion for Sanctions. The parties report they have resolved all disputes as to confidentiality designations and the relief requested in Defendant's motion. See Dkt. No. 64. Accordingly, the Motion for Sanctions is DENIED AS MOOT. (no document attached) (src)
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Legal Document (Payment Possibly Required) 64 Filed: 5/2/2024, Entered: 5/2/2024 Status report
STATUS REPORT Joint Status Report by Elizabeth Hicks. (Kuhn, Ryan) (aas).
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Blank 63 Filed: 4/11/2024, Entered: 4/11/2024 Miscellaneous HearingCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: The Court held a hearing on Defendant's Ex Parte Motion for Sanctions [Dkt. No. 51] on 4/11/2024. With the benefit of the Court's tentative ruling, and for the reasons discussed on the record, the Court ORDERS the parties to meet and confer regarding 1) Defendant's confidentiality designations as to all documents and deposition transcripts filed in support of Plaintiff's motion for class certification; and 2) the appropriate relief for Plaintiff's violation of the stipulated protective order. The parties' meet and confer shall take place in person and shall be completed by not later than April 25, 2024. By not later than May 2, 2024, the parties shall file a Joint Status Report describing any agreements reached as to issues 1 and 2, above, and, if a dispute remains as to either issue, stating the parties' respective positions. The Joint Status Report shall not exceed 7 pages. Also by not later than May 2, 2024, Plaintiff may file a response to Attorney Branson's supplemental declaration [Dkt. No. 58] and the fees described therein, not to exceed 4 pages. The Court understands the parties have initiated the meet and confer process as to Defendant's confidentiality designations for documents and depositions not related to the motion for class certification. To clarify, the foregoing deadlines do not apply to this dispute, which is not presently before the Court. Instead, the parties shall follow the procedures and timelines set forth in the Stipulated Protective Order [Dkt. No. 41] and Judge Leshner's Chambers Rules. The parties may upon mutual agreement extend these deadlines by up to two additional weeks without further leave of Court to accommodate travel, illness and other exigencies. The Court expects the parties to work cooperatively in this regard notwithstanding their dispute. (Appearances: for Plaintiff, W. Sullivan and R. Kuhn; for Defendant, T. Branson and P. Mulkern (via video); also present: E. Yaeckel and K. Kitlowski). (no document attached) (src)
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Legal Document (Payment Possibly Required) 62 Filed: 4/9/2024, Entered: 4/9/2024 Notice (other)
NOTICE of Change of Attorneys for Defendant by Grimmway Enterprises, Inc. (Branson, Timothy) (aas).
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Legal Document (Payment Possibly Required) 61 Filed: 4/9/2024, Entered: 4/9/2024 Notice of Appearance
NOTICE of Appearance of Karoline D. Kitlowski by Ryan Kuhn on behalf of Elizabeth Hicks (Kuhn, Ryan) (aas).
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Legal Document (Payment Possibly Required) 60 Filed: 4/9/2024, Entered: 4/9/2024 Notice of Appearance
NOTICE of Appearance of William B. Sullivan by Ryan Kuhn on behalf of Elizabeth Hicks (Kuhn, Ryan) (aas).
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Blank 59 Filed: 4/9/2024, Entered: 4/9/2024 Order on Motion for Leave to Appear
ORDER granting [56] Motion for Leave to Appear Remotely. Good cause appearing, and without objection from Plaintiff, attorney Patrick Mulkern's request to appear remotely at the April 11, 2024 hearing on Defendant's motion for sanctions is GRANTED. Mr. Mulkern shall appear by Zoom using the following credentials:Meeting ID: 161 644 6778Passcode: 2022All other appearances shall be in person. The hearing will take place in Courtroom 14A of the James M. Carter and Judith N. Keep United States Courthouse, 333 West Broadway, San Diego, California 92101. (no document attached) (src)
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Legal Document (Payment Possibly Required) 58 Filed: 4/9/2024, Entered: 4/9/2024 Affidavit in Support of Motion
AFFIDAVIT in Support re [51] Ex Parte MOTION for Sanctions for Plaintiff's Violations of Stipulated Protective Order [ECF 41] and re Order (ECF 55) filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Exhibit A)(Branson, Timothy) (aas).
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Legal Document (Payment Possibly Required) 57 Filed: 4/9/2024, Entered: 4/9/2024 Non-Opposition to Motion
NON Opposition re [56] MOTION for Leave to Appear In Part by Telephone at Ex Parte Motion Hearing on April 11, 2024 filed by Elizabeth Hicks. (Kuhn, Ryan) (aas).
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Legal Document (Payment Possibly Required) 56 Filed: 4/8/2024, Entered: 4/8/2024, Terminated: 4/9/2024 Motion for Leave to Appear
MOTION for Leave to Appear In Part by Telephone at Ex Parte Motion Hearing on April 11, 2024 by Grimmway Enterprises, Inc.. (Attachments: # (1) Declaration of Patrick J. Mulkern, # (2) Declaration of Timothy K. Branson, # (3) Proposed Order)(Mulkern, Patrick) (aas).
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Blank 55 Filed: 4/8/2024, Entered: 4/8/2024 Minute Order (No Time)Court Filing
Minute Order by Magistrate Judge David D. Leshner: re [51] Ex Parte MOTION for Sanctions. Before the Court is Defendant's Ex Parte Motion for Sanctions, in which Defendant requests an order that "Plaintiff and her counsel, jointly and severally... pay Grimmway its attorney's fees incurred as a result of their violations of the SPO." Dkt. No. 51 at 3. By the close of business on April 9, 2024, Defendant shall file an itemized statement of the attorney's fees requested as sanctions, supported by a declaration from Defendant's counsel. The statement shall set forth billing information only; no further legal argument is permitted. (src)
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Legal Document (Payment Possibly Required) 54 Filed: 4/3/2024, Entered: 4/3/2024 response in opposition to motion
RESPONSE in Opposition re [51] Ex Parte MOTION for Sanctions for Plaintiff's Violations of Stipulated Protective Order [ECF 41] filed by Elizabeth Hicks. (Attachments: # (1) Declaration Declaration of William B. Sullivan, # (2) Declaration Declaration of Ryan T. Kuhn, # (3) Declaration Declaration of Eric K. Yaeckel, # (4) Declaration Declaration of Karoline D. Kitlowski)(Kuhn, Ryan) (aas).
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Legal Document (Payment Possibly Required) 53 Filed: 4/1/2024, Entered: 4/1/2024 Declaration
DECLARATION of Ryan T. Kuhn by Plaintiff Elizabeth Hicks. (Kuhn, Ryan) (aas).
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Blank 52 Filed: 3/29/2024, Entered: 3/29/2024 Minute Order (No Time)Court Filing
Minute Order by Magistrate Judge David D. Leshner: re [51] Ex Parte Motion for Sanctions. The Court hereby ORDERS Plaintiff to respond to Defendant's motion for sanctions by not later than April 3, 2024. The response must not exceed 10 pages. There will be no reply filed absent leave of court. The Court sets a hearing on the motion for April 11, 2024 at 11:30 a.m. All counsel of record must appear in person at the hearing. The Clerk of the Court is directed to place Dkt. No. 49-3 UNDER SEAL pending further order of the Court. By not later than April 1, 2024, Plaintiff shall re-file a redacted version of Dkt. No. 49-3, from which Exhibit D shall be redacted in its entirety. (Miscellaneous Hearing set for 4/11/2024 11:30 AM before Magistrate Judge David D. Leshner.)(src)
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Legal Document (Payment Possibly Required) 51 Filed: 3/27/2024, Entered: 3/27/2024, Terminated: 5/2/2024 Motion for sanctions
Ex Parte MOTION for Sanctions for Plaintiff's Violations of Stipulated Protective Order [ECF 41] by Grimmway Enterprises, Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Timothy K. Branson, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Declaration of Jeremy Ladle)(Branson, Timothy) (bdc).
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Blank 50 Filed: 3/27/2024, Entered: 3/27/2024 Minute Order (No Time)Court Filing
Minute Order by Magistrate Judge David D. Leshner: The Court has received a spate of communications from the parties regarding a discovery dispute. These communications do not comply with the Magistrate Judge's Chambers Rules. More concerningly, it is apparent from the parties' communications that there has not been a meaningful meet and confer regarding the dispute. All counsel are reminded that the Court expects them to engage in good faith meet and confer efforts before bringing disputes to the Court to resolve. The parties are hereby ORDERED to: (1) refrain from sending further noncompliant communications to the Court; (2) meet and confer concerning Defendants' designation of deposition transcripts from March 19 and 21 as confidential in person or by Zoom by not later than April 10, 2024; and (3) if any dispute remains, to send a joint, nonargumentative email to chambers by April 12, 2024. Any such email, and all further communications with the Magistrate Judge's chambers, must comply with his Chambers Rules. (src)
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Legal Document (Payment Possibly Required) 49 Filed: 3/26/2024, Entered: 3/26/2024, Terminated: 5/7/2024 motion to certify class
MOTION to Certify Class by Elizabeth Hicks. (Attachments: # (1) Memo of Points and Authorities Memorandum of Points and Authorities, # (2) Declaration Declaration of William B. Sullivan, # (3) Declaration Declaration of Ryan T. Kuhn, # (4) Declaration Declaration of Elizabeth Hicks, # (5) Declaration Declaration of Ronald Paine, # (6) Declaration Declaration of Benjamin Rose)(Kuhn, Ryan) (ddf).
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Blank 48 Filed: 3/13/2024, Entered: 3/13/2024 settlement conferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Settlement Conference was held on 3/13/2024. The case did not settle. (Plaintiff Attorney E. Yaeckel; R. Kuhn; K. Kitlowski).(Defendant Attorney T. Branson; P. Mulkhern). (no document attached) (src)
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Blank 47 Filed: 2/12/2024, Entered: 2/12/2024 Set HearingsCourt Filing
Minute Order Setting Settlement Conference. The Court is in receipt of the parties' Joint Status Report [Dkt. No. 46] and hereby sets a Settlement Conference for March 13, 2024 at 9:00 a.m. by Zoom. A link to the conference will be sent to all counsel of record. All participants must have full settlement authority. The parties must lodge and exchange settlement briefs and lodge optional, confidential settlement letters by not later than March 6, 2024. Please refer to Judge Leshner's Mandatory Settlement Conference Procedures, which are available on the Court's website, for further information about the required and optional submissions. All other provisions of Judge Leshner's Mandatory Settlement Conference Procedures are waived for this conference. Any questions regarding the Settlement Conference or this order may be directed to the Court's staff at 619-837-6526. (Settlement Conference set for 3/13/2024 09:00 AM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Legal Document (Payment Possibly Required) 46 Filed: 2/12/2024, Entered: 2/12/2024 Status report
STATUS REPORT Joint Status Report by Elizabeth Hicks. (Kuhn, Ryan) (aas).
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Blank 45 Filed: 2/5/2024, Entered: 2/5/2024 terminate hearings
Minute Entry Vacating Status Conference. The Status Conference set for February 14, 2024 is hereby VACATED. Counsel for the parties shall meet and confer and file a Joint Status Report by not later than February 12, 2024 regarding whether a Court-facilitated settlement conference would be productive at this time, and, if so, proposing at least three mutually convenient dates for the same. (no document attached) (src)
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Legal Document (Payment Possibly Required) 44 Filed: 1/31/2024, Entered: 2/5/2024 OrderCourt Filing
ORDER Granting in Part [43] Joint MOTION to Amend Scheduling Order and Set Class Certification-Related Briefing Schedule. Motion for Class Certification due by 3/26/2024. Responses due by 5/23/2024, Replies due by 6/7/2024. Motion Hearing for Class Certification is set for 7/25/2024 01:30 PM before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 1/31/24.(aas)
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Legal Document (Payment Possibly Required) 43 Filed: 1/25/2024, Entered: 1/25/2024, Terminated: 1/31/2024 Motion to Amend/Correct
Joint MOTION to Amend/Correct [34] Scheduling Order Joint Motion to Amend Scheduling Order [ECF 34] and Set Class Certification-Related Briefing Schedule by Grimmway Enterprises, Inc.. (Mulkern, Patrick) (aas).
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Blank 42 Filed: 1/23/2024, Entered: 1/23/2024 Set HearingsCourt Filing
Minute Order Changing Time. Due to a conflict in the Court's calendar, the Status Conference set for February 14, 2024 will begin at 11:30 a.m. Please note, this is a TIME CHANGE ONLY. Instructions for appearances will issue by separate notice. (Status Conference set for 2/14/2024 11:30 AM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Legal Document (Payment Possibly Required) 41 Filed: 12/22/2023, Entered: 12/22/2023 Order on Motion for protective orderCourt Filing
Stipulated Protective Order, re [38] Motion for Protective Order. Signed by Magistrate Judge David D. Leshner on 12/22/23. (aas)
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Blank 40 Filed: 12/21/2023, Entered: 12/21/2023 Status ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Status Conference was held on 12/21/2023. The parties report no issues with discovery. The Court sets a further Status Conference for February 14, 2024 at 2:00 p.m. by Zoom. Instructions for appearances will follow by separate notice. (Status Conference set for 2/14/2024 02:00 PM before Magistrate Judge David D. Leshner.). (Plaintiff Attorney R. Kuhn; K. Kitlowski).(Defendant Attorney P. Mulkhern). (no document attached) (src)
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Legal Document (Payment Possibly Required) 39 Filed: 12/21/2023, Entered: 12/21/2023 Notice of Teleconference Information Sheet
NOTICE of Videoconference Information for October 18, 2023 Status Conference. Videoconference set for December 21, 2023 at 1:30 p.m. (aas)
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Legal Document (Payment Possibly Required) 38 Filed: 12/21/2023, Entered: 12/21/2023, Terminated: 12/22/2023 Motion for Protective Order
Joint MOTION for Protective Order by Grimmway Enterprises, Inc.. (Attachments: # (1) Exhibit A - Proposed Stipulated Protective Order)(Mulkern, Patrick) (aas).
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Blank 37 Filed: 12/7/2023, Entered: 12/7/2023 Set HearingsCourt Filing
Minute Order Continuing Status Conference. Due to a conflict in the Court's calendar, the Status Conference set for December 20, 2023 is hereby continued to December 21, 2023 at 1:30 p.m. Instructions for Zoom appearances will follow. (Status Conference set for 12/21/2023 01:30 PM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Blank 36 Filed: 10/18/2023, Entered: 10/18/2023 Status ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: A Status Conference was held on 10/18/2023. Based on information provided by the parties, the Court elects not to set a further settlement conference at this time. The Court sets a further Status Conference for December 20, 2023 at 10:00 a.m. by videoconference. Instructions for appearances will follow. (Status Conference set for 12/20/2023 10:00 AM before Magistrate Judge David D. Leshner.). (Plaintiff Attorney E. Yaeckel; K. Kitlowski).(Defendant Attorney T. Branson; P. Mulkern). (no document attached) (src)
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Legal Document (Payment Possibly Required) 35 Filed: 10/13/2023, Entered: 10/13/2023 Notice of Teleconference Information Sheet
NOTICE of Videoconference Information For October 18, 2023 Status Conference. Sheet. Videoconference set for October 18, 2023 at 11:00 a.m. (aas)
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Legal Document (Payment Possibly Required) 34 Filed: 9/13/2023, Entered: 9/14/2023 Scheduling OrderCourt Filing
SCHEDULING ORDER Regulating Discovery and Class Certification Motion Filing Deadline. Status Conference set for 10/18/2023 11:00 AM before Magistrate Judge David D. Leshner. Signed by Magistrate Judge David D. Leshner on 9/13/23.(aas)
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Blank 33 Filed: 9/12/2023, Entered: 9/13/2023 Case Management ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge David D. Leshner: An Early Neutral Evaluation and Case Management Conference were held on 9/12/2023. The case did not settle. A Scheduling Order will issue. (Plaintiff Attorney E. Yaeckel; K. Kitlowski).(Defendant Attorney T. Branson; P. Mulkern). (no document attached) (src)
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Legal Document (Payment Possibly Required) 32 Filed: 8/30/2023, Entered: 8/30/2023 Report of Rule 26.f Planning Meeting
REPORT of Rule 26(f) Planning Meeting. (Yaeckel, Eric) (aas).
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Blank 31 Filed: 7/19/2023, Entered: 7/19/2023 Set HearingsCourt Filing
Minute Order Changing Time. Due to a conflict in the Court's calendar, the Early Neutral Evaluation (ENE) and Case Management Conference (CMC) set for September 12, 2023, will begin at 9:00 a.m. Please note, this is a TIME CHANGE ONLY. All other deadlines and instructions in the Court's July 10, 2023 Order setting the ENE and CMC [Dkt. No. 30] remain in effect. (Early Neutral Evaluation and Case Management Conference set for 9/12/2023 09:00 AM before Magistrate Judge David D. Leshner.)(no document attached) (src)
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Legal Document (Payment Possibly Required) 30 Filed: 7/10/2023, Entered: 7/10/2023 Notice and Order for Early Neutral Evaluation conferenceCourt Filing
NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. Early Neutral Evaluation set for 9/12/2023 02:00 PM before Magistrate Judge David D. Leshner. Signed by Magistrate Judge David D. Leshner on 7/10/23.(aas)
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Legal Document (Payment Possibly Required) 29 Filed: 7/5/2023, Entered: 7/5/2023 Answer to Complaint
ANSWER to Complaint with Jury Demand Defendant Grimmway Enterprises, Inc.'s Answer and Affirmative Defenses to Plaintiff's First Amended Complaint [ECF 1-8] by Grimmway Enterprises, Inc..(Branson, Timothy) (aas).
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Order on Motion for extension of time to answer with OCR 28 Filed: 6/28/2023, Entered: 6/28/2023 Order on Motion for extension of time to answerCourt Filing
ORDER Granting [27] Defendant's Motion to Extend Time to Respond to Complaint. Grimmway Enterprises, Inc. answer due 7/5/2023. Signed by Judge Janis L. Sammartino on 6/28/23. (aas)
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Legal Document (Payment Possibly Required) 27 Filed: 6/26/2023, Entered: 6/26/2023, Terminated: 6/28/2023 Motion for Extension of Time to File Answer
MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's First Amended Complaint by Grimmway Enterprises, Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Timothy K. Branson, # (3) Exhibit 1 to Branson Decl., # (4) Proposed Order)(Branson, Timothy) (aas).
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order on motion to strike with OCR 26 Filed: 6/5/2023, Entered: 6/5/2023 order on motion to strikeCourt Filing
ORDER Denying Defendant's Motion to Strike - denying [3] Motion to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees. Signed by Judge Janis L. Sammartino on 6/5/23. (aas)
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Order on Motion to Remand to State Court with OCR 25 Filed: 5/9/2023, Entered: 5/9/2023 Order on Motion to Remand to State CourtCourt Filing
ORDER Denying [9] Motion for Leave to Amend the Operative Complaint; Denying [7] Plaintiff's Motion to Remand to State Court; and Denying ([8]-1) Plaintiff's Motion for Jurisdictional Discovery. Signed by Judge Janis L. Sammartino on 5/9/23. (aas) (jms).
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Order on Motion to Change Venue with OCR 24 Filed: 5/1/2023, Entered: 5/1/2023 Order on Motion to Change VenueCourt Filing
ORDER Denying Defendant's [2] Motion to Transfer Venue Pursuant to 28 U.S.C. ยง 1404. Signed by Judge Janis L. Sammartino on 5/1/23. (aas) (jms).
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Legal Document (Payment Possibly Required) 23 Filed: 2/6/2023, Entered: 2/6/2023 Notice (other)
NOTICE of Withdrawal of Joni B. Flaherty as Counsel by Grimmway Enterprises, Inc. (Mulkern, Patrick) (ave).
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Legal Document (Payment Possibly Required) 22 Filed: 2/3/2023, Entered: 2/3/2023 Notice of Vacated Hearing(s)
ORDER Vacating Hearing : 2/9/2023 Motion Hearings vacated (All non-registered users served via U.S. Mail Service)(alns) (jms).
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Legal Document (Payment Possibly Required) 21 Filed: 2/2/2023, Entered: 2/2/2023 Reply to Response to motion
REPLY to Response to Motion re [8] MOTION for Discovery Limited to Jurisdictional Issues filed by Elizabeth Hicks. (Attachments: # (1) Declaration Declaration of Eric K. Yaeckel, # (2) Declaration Objection to Diesl Declaration)(Kuhn, Ryan) (alns).
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Legal Document (Payment Possibly Required) 20 Filed: 2/2/2023, Entered: 2/2/2023 Reply to Response to motion
REPLY to Response to Motion re [9] MOTION to Amend/Correct the Operative Complaint filed by Elizabeth Hicks. (Attachments: # (1) Declaration Objection to Branson Declaration)(Kuhn, Ryan) (alns).
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Legal Document (Payment Possibly Required) 19 Filed: 2/2/2023, Entered: 2/2/2023 Reply to Response to motion
REPLY to Response to Motion re [7] MOTION to Remand to State Court filed by Elizabeth Hicks. (Attachments: # (1) Declaration Objection to Branson Declaration, # (2) Declaration Objection to Diesl Declaration)(Kuhn, Ryan) (alns).
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Legal Document (Payment Possibly Required) 18 Filed: 1/26/2023, Entered: 1/26/2023 response in opposition to motion
RESPONSE in Opposition re [9] MOTION to Amend/Correct the Operative Complaint filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Request for Judicial Notice, # (2) Exhibit 1, # (3) Declaration of Timothy K. Branson, # (4) Exhibit 2)(Branson, Timothy) (ddf).
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Legal Document (Payment Possibly Required) 17 Filed: 1/26/2023, Entered: 1/26/2023 response in opposition to motion
RESPONSE in Opposition re [8] MOTION for Discovery Limited to Jurisdictional Issues filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Declaration of Katie Diesl)(Branson, Timothy) (ddf).
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Legal Document (Payment Possibly Required) 16 Filed: 1/26/2023, Entered: 1/26/2023 response in opposition to motion
RESPONSE in Opposition re [7] MOTION to Remand to State Court filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Declaration of Katie Diesl, # (2) Request for Judicial Notice, # (3) Exhibit 1, # (4) Declaration of Timothy K. Branson, # (5) Exhibit 2)(Branson, Timothy)(ddf).
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Legal Document (Payment Possibly Required) 15 Filed: 1/23/2023, Entered: 1/23/2023 response in opposition to motion
RESPONSE in Opposition re [3] MOTION to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees Objection to Reply Declaration filed by Elizabeth Hicks. (Kuhn, Ryan) (ave).
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Legal Document (Payment Possibly Required) 14 Filed: 1/20/2023, Entered: 1/20/2023 OrderCourt Filing
ORDER Vacating Hearing - The Court Vacates the hearing currently set for January 26, 2023, and takes these matters under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 1/20/2023.(ave)
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Legal Document (Payment Possibly Required) 13 Filed: 1/19/2023, Entered: 1/19/2023 Reply - Other
REPLY - Other re [3] MOTION to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Supplemental Declaration of Dana Brennan, # (2) Brennan Exhibit 1, # (3) Brennan Exhibit 2, # (4) Brennan Exhibit 3, # (5) Supplemental Request for Judicial Notice, # (6) RJN Exhibit 5, # (7) RJN Exhibit 6, # (8) RJN Exhibit 7, # (9) RJN Exhibit 8, # (10) RJN Exhibit 9, # (11) Response to Plaintiff's Evidentiary Objections to Brennan Declaration, # (12) Evidentiary Objections to Kuhn Declaration, # (13) Evidentiary Objections to Paine Declaration, # (14) Evidentiary Objections to Hicks Declaration, # (15) Evidentiary Objections to Jones Declaration, # (16) Evidentiary Objections to Furstenfeld Declaration, # (17) Evidentiary Objections to Harrington Declaration, # (18) Evidentiary Objections to Bosma Declaration)(Branson, Timothy)(ave).
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Legal Document (Payment Possibly Required) 12 Filed: 1/19/2023, Entered: 1/19/2023 Reply - Other
REPLY - Other re [2] MOTION to Change Venue Notice of Motion and Motion to Transfer Venue filed by Grimmway Enterprises, Inc.. (Attachments: # (1) Supplemental Declaration of Sara Oliver, # (2) Response to Objections to Oliver Declaration)(Branson, Timothy) (ave).
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Legal Document (Payment Possibly Required) 11 Filed: 1/12/2023, Entered: 1/12/2023 response in opposition to motion
RESPONSE in Opposition re [3] MOTION to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees Plaintiff's Opposition to Motion to Strike filed by Elizabeth Hicks. (Attachments: # (1) Declaration Declaration of Thomas Bosma, # (2) Declaration Declaration of Jacob Furstenfeld, # (3) Declaration Declaration of Lee Harrington, # (4) Declaration Declaration of Elizabeth Hicks, # (5) Declaration Declaration of Jon Jones, # (6) Declaration Declaration of Ronald Paine, # (7) Exhibit Exhibit A to Paine Declaration, # (8) Declaration Declaration of Ryan T. Kuhn, # (9) Exhibit Ex. A to Kuhn Declaration, # (10) Exhibit Ex. B to Kuhn Declaration, # (11) Exhibit Ex. C Part I to Kuhn Declaration, # (12) Exhibit Ex. C Part II to Kuhn Declaration, # (13) Exhibit Ex. D to Kuhn Declaration, # (14) Exhibit Ex. E to Kuhn Declaration, # (15) Exhibit Ex. F to Kuhn Declaration, # (16) Exhibit Ex. G to Kuhn Declaration, # (17) Declaration Objection to Brennan Declaration, # (18) Declaration Objection to Request for Judicial Notice, # (19) Request for Judicial Notice Plaintiff's Request for Judicial Notice)(Kuhn, Ryan)(ave).
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Legal Document (Payment Possibly Required) 10 Filed: 1/12/2023, Entered: 1/12/2023 response in opposition to motion
RESPONSE in Opposition re [2] MOTION to Change Venue Notice of Motion and Motion to Transfer Venue filed by Elizabeth Hicks. (Attachments: # (1) Declaration of Eric Yaeckel, # (2) Declaration of Elizabeth Hicks, # (3) Objections to Evidence)(Yaeckel, Eric)(ave).
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Motion to Amend/Correct with OCR 9 Filed: 1/5/2023, Entered: 1/5/2023, Terminated: 5/9/2023 Motion to Amend/Correct
MOTION to Amend/Correct the Operative Complaint by Elizabeth Hicks. (Attachments: # (1) Memo of Points and Authorities ISO Motion for Leave to Amend, # (2) Declaration Declaration of Ryan T. Kuhn, # (3) Exhibit Ex. A to Kuhn Declaration, # (4) Exhibit Ex. B to Kuhn Declaration, # (5) Exhibit Ex. C to Kuhn Declaration, # (6) Exhibit Ex. D to Kuhn Declaration, # (7) Exhibit Ex. E to Kuhn Declaration, # (8) Exhibit Ex. F to Kuhn Declaration, # (9) Exhibit Ex. G to Kuhn Declaration)(Kuhn, Ryan)(ave).
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Legal Document (Payment Possibly Required) 8 Filed: 1/4/2023, Entered: 1/4/2023, Terminated: 5/9/2023 motion for discovery
MOTION for Discovery Limited to Jurisdictional Issues by Elizabeth Hicks. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Shelley Lapkoff, # (3) Declaration of Ryan Kuhn)(Yaeckel, Eric) (ave).
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Legal Document (Payment Possibly Required) 7 Filed: 1/4/2023, Entered: 1/4/2023, Terminated: 5/9/2023 Motion to remand to State Court
MOTION to Remand to State Court by Elizabeth Hicks. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Shelley Lapkoff, # (3) Declaration of Ryan Kuhn, # (4) Exhibit Exhibit A to Kuhn Decl, # (5) Exhibit Exhibit B to D of Kuhn Decl, # (6) Exhibit Exhibit E to H of Kuhn Decl)(Yaeckel, Eric) (ave).
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Legal Document (Payment Possibly Required) 6 Filed: 1/3/2023, Entered: 1/3/2023 Affidavit of Service
AFFIDAVIT of Service for Certificate of Service served on Judicial Council of California, Attn: SLAPP Coordinator on December 27, 2022, filed by Grimmway Enterprises, Inc.., CERTIFICATE OF SERVICE by Grimmway Enterprises, Inc. re [3] MOTION to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees (Mulkern, Patrick)(ave).
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Legal Document (Payment Possibly Required) 5 Filed: 12/23/2022, Entered: 12/23/2022 Certificate of service
CERTIFICATE OF SERVICE by Grimmway Enterprises, Inc. re [1] Notice of Removal, (Branson, Timothy)(ave).
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Legal Document (Payment Possibly Required) 4 Filed: 12/23/2022, Entered: 12/23/2022 Corporate Disclosure Statement
Corporate Disclosure Statement by Grimmway Enterprises, Inc. identifying Corporate Parent Grimmway Holdings, Inc. for Grimmway Enterprises, Inc... (Branson, Timothy) (ave).
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Legal Document (Payment Possibly Required) 3 Filed: 12/23/2022, Entered: 12/23/2022, Terminated: 6/5/2023 Motion to Strike
MOTION to Strike Notice of Motion and Motion to Strike the First, Second, and Third Causes of Action in Plaintiff's First Amended Complaint, and for Attorneys' Fees by Grimmway Enterprises, Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Dana Brennan, # (3) Exhibit 1, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Request for Judicial Notice, # (7) Exhibit 4)(Branson, Timothy) (ave).
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Legal Document (Payment Possibly Required) 2 Filed: 12/23/2022, Entered: 12/23/2022, Terminated: 5/1/2023 Motion for Change Venue
MOTION to Change Venue Notice of Motion and Motion to Transfer Venue by Grimmway Enterprises, Inc.. (Attachments: # (1) Memo of Points and Authorities, # (2) Declaration of Sara Oliver)(Branson, Timothy) (ave).
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Notice of Removal with OCR 1 Filed: 12/22/2022, Entered: 12/23/2022 Notice of RemovalCourt Filing
NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-17447516.), filed by Grimmway Enterprises, Inc. (Attachments: # (1) Civil Cover Sheet, # (2) Declaration of Timothy K. Branson, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E, # (8) Exhibit F, # (9) Exhibit G, # (10) Exhibit H)The new case number is 3:22-cv-2038-JLS-DDL. Judge Janis L. Sammartino and Magistrate Judge David D. Leshner are assigned to the case.(ggv) (sjt).
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