CLERK'S JUDGMENT in favor of Defendant against Plaintiffs. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/30/2013)
ORDER granting (2805) Motion for Summary Judgment, denying without prejudice as moot (2810) Motion to Enforce Settlement Agreement in case 1:07-md-01845-TWT; granting (21) Motion for Summary Judgment, denying without prejudice as moot (25) Motion to Enforce Settlement Agreement in case 1:11-cv-00569-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/29/13. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(dr) (Entered: 08/30/2013)
RESPONSE in Opposition re 2818 MOTION to Withdraw Jeffrey Glenn Wigington, Peter J. Cambs as Attorney filed by ConAgra Foods, Inc.. (Spivey, Angela) (Entered: 08/29/2013)
CONDITIONAL REMAND ORDER from the Judicial Panel on Multidistrict Litigation transferring case to the Northern District of Indiana. (Attachments: # 1 Suggestion of Remand) Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(dr) (Entered: 08/27/2013)
ORDER suggesting to the Judicial Panel on Multidistrict Litigation that it remand this action to the Northern District of Indiana for trial. Signed by Judge Thomas W. Thrash, Jr on 8/14/2013. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT. (mdy) (Entered: 08/14/2013)
OPINION AND ORDER denying (2647 in 1:07-md-01845-TWT) Defendant's MOTION for Summary Judgment; denying (2748 in 1:07-md-01845-TWT) Defendant's MOTION to Strike the Affidavit of Dr. Charles Stratton; granting (2766 in 1:07-md-01845-TWT) De fendant's MOTION to Exclude the Causation Opinion of Dr. Jose Oberholzer; denying (30 in case 1:08-cv-02932-TWT) Defendant's MOTION for Summary Judgment; denying (47 in case 1:08-cv-02932-TWT) Defendant's MOTION to Strike the Affi davit of Dr. Charles Stratton; granting (58 in case 1:08-cv-02932-TWT) Defendant's MOTION to Exclude the Causation Opinion of Dr. Jose Oberholzer. Signed by Judge Thomas W. Thrash, Jr. on 8/14/2013. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT. (mdy)
ORDER Extending time through August 19, 2013 for plaintiffs' responses to be filed re (2810 in 1:07-md-01845-TWT) MOTION to Enforce Settlement Agreement and Incorporated Memorandum of Law filed by ConAgra Foods, Inc., (25 in 1:11-cv-00569-TWT) MOTION to Enforce Settlement Agreement and Incorporated Memorandum of Law filed by ConAgra Foods, Inc., (2805 in 1:07-md-01845-TWT) MOTION for Summary Judgment (as to Baumgartner Plaintiffs) filed by ConAgra Foods, Inc., (21 in 1:11-cv-00569-TWT) MOTION for Summary Judgment filed by ConAgra Foods, Inc. Signed by Judge Thomas W. Thrash, Jr on 8/8/2013. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(ss) (Entered: 08/08/2013)
PROPOSED CONSENT ORDER Regarding Extension of Time re: 2810 MOTION to Enforce Settlement Agreement and Incorporated Memorandum of Law , 2805 MOTION for Summary Judgment (as to Baumgartner Plaintiffs). (Spivey, Angela) (Entered: 08/07/2013)
NOTICE Of Filing Sealed Exhibits to Motion to Enforce Settlement Agreement by ConAgra Foods, Inc. re 2810 MOTION to Enforce Settlement Agreement and Incorporated Memorandum of Law , 2812 Order on Motion to Seal, (Spivey, Angela) (Entered: 08/02/2013)
ORDER granting (2811) Motion to Seal in case 1:07-md-01845-TWT; granting (26) Motion to Seal in case 1:11-cv-00569-TWT. Signed by Judge Thomas W. Thrash, Jr on 7/30/13. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(dr) (Entered: 07/31/2013)
NOTICE of Appearance by Peter J. Cambs on behalf of Cheryl Baumgartner, David Baumgartner. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(dr) (Entered: 06/20/2013)
ORDER granting (2804) Motion for Leave to File Excess Pages in case 1:07-md-01845-TWT; granting (20) Motion for Leave to File Excess Pages in case 1:11-cv-00569-TWT of brief in support of Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 6/12/2013. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(ss) (Entered: 06/12/2013)
MOTION for Summary Judgment (as to Baumgartner Plaintiffs) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Material Facts)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/11/2013)
NOTICE of Manual Filing Exhibit A Under Seal by Conagra Foods, Inc. (Attachments: # 1 Exhibit A)Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04474-TWT(dr) (Entered: 05/07/2013)
ORDER granting (2796) Motion to Approve Settlment in case 1:07-md-01845-TWT, granting (26) Motion to Approve Settlement in case 1:11-cv-04474-TWT; the dismissal of Plaintiff Alaina Doss's claims will be binding and effective as to Defendant as of the final dismissal of this action. Signed by Judge Thomas W. Thrash, Jr on 5/6/13. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04474-TWT(dr) (Entered: 05/07/2013)
ORDER granting (2797) Motion to Seal in case 1:07-md-01845-TWT, granting (27) Motion to Seal in case 1:11-cv-04474-TWT. Signed by Judge Thomas W. Thrash, Jr on 5/6/13. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04474-TWT(dr) (Entered: 05/07/2013)
Joint MOTION to Approve Settlement of a Minor's Claim by ConAgra Foods, Inc., Daysha Doss. (Attachments: # 1 Exhibit A (to be filed under Seal), # 2 Exhibit B, # 3 Text of Proposed Order)(Spivey, Angela) (Entered: 05/02/2013)
STIPULATION of Dismissal with Prejudice by Brooklyn Elizabeth Bailey, Charles E. Bowles, Mandy Lynn Bowles, ConAgra Foods, Inc., Jessica Dawn Goodman, Mona Gayle Goodman, Myra Jo Kinser, Myra Jo Kinser(as a survivor of Margueritte Lou Kinser). (Spivey, Angela) (Entered: 04/17/2013)
MOTION to Enforce Settlement Agreement and Incorporated Memorandum of Law as to Kinser Family Plaintiffs by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spivey, Angela) (Entered: 03/27/2013)
MOTION to Enforce Settlement Agreement as to Plaintiff Bobbi Jo Staggs and Incorporated Memorandum of Law by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spivey, Angela) (Entered: 03/26/2013)
ORDER granting (2703) Motion for Partial Summary Judgment in case 1:07-md-01845-TWT; granting (21) Motion for Partial Summary Judgment in case 1:11-cv-04475-TWT. The Court dismisses the claim for litigation expenses without prejudice. Signed by Judge Thomas W. Thrash, Jr on 3/8/13. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04475-TWT(dr) (Entered: 03/14/2013)
REPLY to Response to Motion re 2766 MOTION to Exclude Causation Opinion of Dr. Jose Oberholzer (Brugh) filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 03/01/2013)
CONSENT ORDER Authorizing Disbursement #5 From Common Benefit Fund Account. Signed by Judge Thomas W. Thrash, Jr on 2/25/2013. (ss) (Entered: 02/25/2013)
RESPONSE re 2775 MOTION to Quash ConAgra's Subpoenas to Dr. Laureen Ambrose and Christ Hospital and Medical Center filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 02/18/2013)
MOTION for Leave to File Excess Pages re Response in Opposition to Defendant's Motion to Exclude Dr. Jose Oberholzer's Causation Opinion by Christina Brugh, John Brugh, Krystina Brugh. (Brown, Robert) (Entered: 02/15/2013)
ORDER APPROVING (10 in 1:13-cv-00034-TWT), (2770 in 1:07-md-01845-TWT) Stipulation of Dismissal of Breach of Warranty Claim, only, with prejudice. Signed by Judge Thomas W. Thrash, Jr on 2/6/13. Associated Cases: 1:07-md-01845-TWT, 1:13-cv-00034-TWT(dr) (Entered: 02/06/2013)
MOTION to Quash ConAgra's Subpoenas to Dr. Laureen Ambrose and Christ Hospital and Medical Center with Brief In Support by Christina Brugh. (Attachments: # 1 Brief, # 2 Exhibit 1- ConAgra's Letters and Subpoenas to Dr. Ambrose and Christ Hospital, # 3 Exhibit 2- Letter to ConAgra's Counsel)(Brown, Robert) (Entered: 02/05/2013)
MOTION to Quash ConAgra's Subpoena to Dr. Oren Conway with Brief In Support by John Brugh, III. (Attachments: # 1 Brief, # 2 Exhibit 1- ConAgra's Letter and Subpoena to Dr. Conway, # 3 Exhibit 2- Letter to ConAgra's Counsel)(Brown, Robert) (Entered: 02/05/2013)
CERTIFICATE OF SERVICE of ConAgra Foods, Inc.'s First Requests for Production to Plaintiff (Washington) by ConAgra Foods, Inc..(Neale, James) (Entered: 02/04/2013)
CERTIFICATE OF SERVICE of ConAgra Foods, Inc.'s First Interrogatories to Plaintiff (Washington) by ConAgra Foods, Inc..(Neale, James) (Entered: 02/04/2013)
ORDER Extending time through 2/15/13 for plaintiffs to file response re (2766 in 1:07-md-01845-TWT) MOTION to Exclude Causation Opinion of Dr. Jose Oberholzer (Brugh) filed by ConAgra Foods, Inc., (58 in 1:08-cv-02932-TWT) MOTION to Exclude Causation Opinion of Dr. Jose Oberholzer filed by ConAgra Foods Inc. Signed by Judge Thomas W. Thrash, Jr on 1/18/13. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(ss) (Entered: 01/18/2013)
JOINT STIPULATION Extending the Time for Plaintiffs' Response re 2766 MOTION to Exclude Causation Opinion of Dr. Jose Oberholzer (Brugh) by Christina Brugh, John Brugh, Krystina Brugh, ConAgra Foods, Inc. (Brown, Robert) Modified on 1/17/2013 (dr). (Entered: 01/16/2013)
Partial MOTION to Dismiss with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion)(Neale, James) Modified on 1/16/2013 (dr). (Entered: 01/15/2013)
MOTION to Exclude Causation Opinion of Dr. Jose Oberholzer (Brugh) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A - Oberholzer Depo Excerpts, # 3 Exhibit B - PB Test Results, # 4 Exhibit C - MMWR Report, # 5 Exhibit D - Press Release, # 6 Exhibit E - Kimbrell Depo Excerpts, # 7 Exhibit F - Response to RFA, # 8 Exhibit G - Conway Depo Excerpts, # 9 Exhibit H - K. Miller Depo Excerpts, # 10 Exhibit I - C. Brugh Depo Excerpts, # 11 Exhibit J - J. Brugh Depo Excerpts)(Neale, James) (Entered: 01/11/2013)
MOTION for Leave to File Excess Pages re Motion to Exclude Dr. Jose Oberholzers Causation Opinion (Brugh) by ConAgra Foods, Inc.. (Neale, James) (Entered: 01/11/2013)
REPLY to Response to Motion re 2748 MOTION to Strike Affidavit of Dr. Charles Stratton (submitted by Plaintiffs in response to ConAgras Motion for Summary Judgment in Brugh case) filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 12/28/2012)
ORDER granting (2757) Motion to Substitute Attorney, granting (54) Motion to Substitute Attorney Kevin C. Schiferl for ConAgra Foods, Inc.; Attorney Miriam A. Rich terminated in case 1:07-md-01845-TWT, 1:08-cv-02932-TWT. Signed by Judge Thomas W. Thrash, Jr on 12/19/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(dr) (Entered: 12/19/2012)
Joint MOTION to Substitute Attorney (Brugh) Kevin C. Schiferl and Blake N. Shelby for Miriam A. Richby ConAgra Foods, Inc.. (Attachments: # 1 Text of Proposed Order)(Neale, James) (Entered: 12/18/2012)
ORDER granting (45) Motion for Leave to File Amended Complaint in case 1:08-cv-00162-TWT. Signed by Judge Thomas W. Thrash, Jr on 12/17/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-00162-TWT(dr) (Entered: 12/17/2012)
RESPONSE in Opposition re 2748 MOTION to Strike Affidavit of Dr. Charles Stratton (submitted by Plaintiffs in response to ConAgras Motion for Summary Judgment in Brugh case) filed by Christina Brugh, John Brugh, Krystina Brugh. (Attachments: # 1 Exhibit 1 - Excerpts of 11/19/08 Status Conference, # 2 Exhibit 2 - Supplemental Affidavit of Dr. Charles Stratton, # 3 Exhibit 3 - CDC Memorandum of 2/1/08)(Brown, Robert) (Entered: 12/14/2012)
Withdrawal of Motion 2445 MOTION to Compel Production of Peanut Butter for Testing (Brown) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 11/27/2012)
SUPPLEMENT to Response in Opposition to 2647 MOTION for Summary Judgment as to Brugh Plaintiffs filed by Christina Brugh, John Brugh, Krystina Brugh. (Attachments: # 1 Exhibit 14 - Dr. Oberholzer Deposition Excerpts)(Brown, Robert) Modified on 11/13/2012 (dr). (Entered: 11/09/2012)
ORDER re (2748 in 1:07-md-01845-TWT) MOTION to Strike Affidavit of Dr. Charles Stratton (submitted by Plaintiffs in response to ConAgras Motion for Summary Judgment in Brugh case) filed by ConAgra Foods, Inc., (50 in 1:08-cv-02932-TWT) APPROVING Stipulation for John Brugh, Krystina Brugh, Christina Brugh to have through 12/14/12 to respond to Motion to Strike. Signed by Judge Thomas W. Thrash, Jr on 11/9/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(ss) (Entered: 11/09/2012)
STIPULATION re 2748 MOTION to Strike Affidavit of Dr. Charles Stratton (submitted by Plaintiffs in response to ConAgras Motion for Summary Judgment in Brugh case) Extending the Time for Plaintiffs' Response by Christina Brugh, John Brugh, Krystina Brugh. (Brown, Robert) (Entered: 11/08/2012)
ORDER granting (2744) Motion for Leave to File Supplement to Response in Opposition to Defendant's Motion for Summary Judgment in case 1:07-md-01845-TWT; granting (43) Motion for Leave to File Supplement to Response in Opposition to Defendant's Motion for Summary Judgment in case 1:08-cv-02932-TWT. Signed by Judge Thomas W. Thrash, Jr on 11/2/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(ss) (Entered: 11/05/2012)
REPLY to Response to Motion re 2647 MOTION for Summary Judgment as to Brugh Plaintiffs filed by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A (Kimbrell Dep. Excerpts), # 2 Exhibit B (Schaffner Dep.), # 3 Exhibit C (Oberholzer Dep.), # 4 Exhibit D (Miller Dep.), # 5 Exhibit E (C. Brugh Dep.), # 6 Exhibit F (J. Brugh Dep.), # 7 Exhibit G (Gregory Ma Affidavit))(Neale, James) (Entered: 11/01/2012)
MOTION to Strike Affidavit of Dr. Charles Stratton (submitted by Plaintiffs in response to ConAgras Motion for Summary Judgment in Brugh case) by ConAgra Foods, Inc.. (Neale, James) (Entered: 11/01/2012)
RESPONSE to Statement of Material Facts re 2647 Motion for Summary Judgment filed by ConAgra Foods, Inc. (Neale, James) Modified related document/text on 11/2/2012 (dr). (Entered: 11/01/2012)
MOTION for Leave to File Excess Pages in Reply in Support of its Motion for Summary Judgment (Brugh) by ConAgra Foods, Inc.. (Neale, James) (Entered: 11/01/2012)
MEMORANUDM in Support of 2744 MOTION for Leave to File Supplement to Their Response in Opposition to Defendant's Motion for Summary Judgment filed by Christina Brugh, John Brugh, Krystina Brugh. (Brown, Robert) (Entered: 10/30/2012)
MOTION for Leave to File Supplement to Their Response in Opposition to Defendant's Motion for Summary Judgment by Christina Brugh, John Brugh, Krystina Brugh. (Attachments: # 1 Plaintiffs' Supplement to Their Response in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit 14 - Dr. Oberholzer Deposition Excerpts, # 3 Text of Proposed Order)(Brown, Robert) (Entered: 10/29/2012)
Withdrawal of Motion 2707 MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss MOTION to Dismiss (re Kinser plaintiffs) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Spivey, Angela) (Entered: 10/09/2012)
Withdrawal of Motion 2704 MOTION to Strike Plaintiffs' Interrogatory Responses Belatedly Disclosing a New Food Manufacturing Expert (Ahrens/Andrews) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Spivey, Angela) (Entered: 10/09/2012)
ORDER re (2647 in 1:07-md-01845-TWT) extending time through 11/1/12 for defendant to file reply brief in support of MOTION for Summary Judgment as to Brugh Plaintiffs filed by ConAgra Foods, Inc. Signed by Judge Thomas W. Thrash, Jr on 10/9/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(ss) (Entered: 10/09/2012)
Withdrawal of Motion 2708 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Spivey, Angela) (Entered: 10/08/2012)
RESPONSE to 2703 MOTION for Partial Summary Judgment as to Claim of Punitive Damages filed by Taylor Elander, Twyla Elander. (FILED 9/13/12 IN 11CV4475) (dr) (Entered: 10/03/2012)
REPLY to Response to Motion re 2703 MOTION for Partial Summary Judgment as to Claim of Punitive Damages filed by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit 1)(Neale, James) (Entered: 09/27/2012)
CONSENT ORDER Amending Response Deadline until 10/1/12 to respond to (115 in 1:07-cv-03058-TWT), (113 in 1:08-cv-03693-TWT), (2704 in 1:07-md-01845-TWT) MOTION to Strike Plaintiffs' Interrogatory Responses Belatedly Disclosing a New Food Manufacturing Expert (Ahrens/Andrews), (2708 in 1:07-md-01845-TWT), (118 in 1:07-cv-03058-TWT), (117 in 1:08-cv-03693-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), (116 in 1:08-cv-03693-TWT), (2707 in 1:07-md-01845-TWT, 2707 in 1:07-md-01845-TWT), (117 in 1:07-cv-03058-TWT) MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss MOTION to Dismiss filed by ConAgra Foods, Inc. Signed by Judge Thomas W. Thrash, Jr on 9/19/12. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT, 1:08-cv-03693-TWT(dr) (Entered: 09/21/2012)
PROPOSED CONSENT ORDER Amending Response Deadline re: 2708 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), 2707 MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss MOTION to Dismiss (re Kinser plaintiffs), 2704 MOTION to Strike Plaintiffs' Interrogatory Responses Belatedly Disclosing a New Food Manufacturing Expert (Ahrens/Andrews). (Neale, James) (Entered: 09/18/2012)
CONSENT ORDER AMENDING RESPONSE until 9/24/12 to respond to (2708 in 1:07-md-01845-TWT), (118 in 1:07-cv-03058-TWT), (117 in 1:08-cv-03693-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), and (116 in 1:08-cv-03693-TWT), (2707 in 1:07-md-01845-TWT), (117 in 1:07-cv-03058-TWT) MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss. Signed by Judge Thomas W. Thrash, Jr on 9/17/12. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT, 1:08-cv-03693-TWT(dr) (Entered: 09/17/2012)
PROPOSED CONSENT ORDER Amending Response Deadline re: 2708 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), 2707 MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss MOTION to Dismiss (re Kinser plaintiffs). (Neale, James) (Entered: 09/13/2012)
ORDER granting in part and denying in part (2546) Motion to Dismiss in case 1:07-md-01845-TWT, granting in part and denying in part (6) Motion to Dismiss in case 1:11-cv-04476-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/29/12. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04476-TWT(dr) (Entered: 08/30/2012)
ORDER granting in part and denying in part (2542) Motion to Dismiss in case 1:07-md-01845-TWT, granting in part and denying in part (6) Motion to Dismiss in case 1:11-cv-04475-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/29/12. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04475-TWT(dr) (Entered: 08/30/2012)
ORDER granting in part and denying in part (2543) Motion to Dismiss in case 1:07-md-01845-TWT, granting in part and denying in part (6) Motion to Dismiss in case 1:11-cv-04474-TWT; and GRANTS the Plaintiffs leave to file an amended complaint. Signed by Judge Thomas W. Thrash, Jr on 8/29/12. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-04474-TWT(dr) (Entered: 08/30/2012)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 8/29/2012. Mr. Neale updated the court on the few remaining cases & plaintiffs left in the MDL. It was discussed with counsel that the Court will be ruling on the pending motions and then make any suggestion of remand to the MDL Panel. In the Ahrens and C. Andrews cases the parties agreed and the Court approved that the "Kinser family cases would be transferred on agreement to Indiana once the Court has ruled on the pending motions as to those family members. Mr. Carter hopeful of settlement in the Brittenham case and the Court will delay ruling on the pending summary judgment motions 2643 for 30 more days. There will be suggestions of remand after ruling on pending motions if appropriate and in the NDGa. original cases these will have rulings on pending motions and then when appropriate placed on trial calendar. It was determined that no further status conferences were necessary unless something unexpected occurs. The Court express his appreciation for all the hard work done by counsel that made his job easier. (Court Reporter Susan Baker)(dr) (Entered: 08/30/2012)
NOTICE by ConAgra Foods, Inc. re 2715 MOTION to Compel Production of Peanut Butter for Testing (Notice of Withdrawal of Motions as to plaintiffs Twyla Elander, individually and on behalf of T. E., and Doyle Keener (Neale, James) (Entered: 08/28/2012)
NOTICE OF FILING OF EXHIBITS UNDER SEAL by ConAgra Foods, Inc., ConAgra Foods, Inc. re (118 in 1:07-cv-03058-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), (117 in 1:08-cv-03693-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs), (2708 in 1:07-md-01845-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Kinser plaintiffs) (Attachments: # 1 Exhibit 10 part 1, # 2 Exhibit 10 part 2, # 3 Exhibit 10 part 3, # 4 Exhibit 10 part 4, # 5 Exhibit 10 part 5, # 6 Exhibit 10 part 6, # 7 Exhibit 10 part 7, # 8 Exhibit 10 part 8, # 9 Exhibit 10 part 9, # 10 Exhibit 10 part 11, # 11 Exhibit 12 part 1, # 12 Exhibit 12 part 2, # 13 Exhibit 12 part 3, # 14 Exhibit 12 part 4, # 15 Exhibit 13 part 1, # 16 Exhibit 13 part 2, # 17 Exhibit 13 part 3, # 18 Exhibit 13 part 4, # 19 Exhibit 13 part 5, # 20 Exhibit 13 part 6, # 21 Exhibit 13 part 7, # 22 Exhibit 13 part 8, # 23 Exhibit 13 part 9, # 24 Exhibit 13 part 10, # 25 Exhibit 13 part 11, # 26 Exhibit 14 part 1, # 27 Exhibit 14 part 2, # 28 Exhibit 14 part 3, # 29 Exhibit 14 part 4, # 30 Exhibit 14 part 5, # 31 Exhibit 14 part 6, # 32 Exhibit 15 part 1, # 33 Exhibit 15 part 2, # 34 Exhibit 15 part 3, # 35 Exhibit 15 part 4, # 36 Exhibit 16 part 1, # 37 Exhibit 16 part 2, # 38 Exhibit 16 part 3, # 39 Exhibit 16 part 4, # 40 Exhibit 16 part 5, # 41 Exhibit 17 part 1, # 42 Exhibit 17 part 2, # 43 Exhibit 17 part 3, # 44 Exhibit 17 part 4)Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT, 1:08-cv-03693-TWT(Neale, James) (Entered: 08/28/2012)
OMNIBUS MOTION to Compel Production of Peanut Butter for Testing by ConAgra Foods, Inc. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT, 1:08-cv-03693-TWT, 1:11-cv-04475-TWT, 1:11-cv-04476-TWT(dr) (Entered: 08/28/2012)
ORDER granting 2709 Motion to Seal Exhibits 10, 12, 13, 14, 15, 16, and 17 to Its Motion for Summary Judgment by ConAgra Foods, Inc.. Signed by Judge Thomas W. Thrash, Jr on 8/28/12. (TWT) (Entered: 08/28/2012)
STIPULATION of Dismissal With Prejudice by Michael Caruso, Judith Chancellor, Devon Johnson, Edward Pruitt, and by ConAgra Foods, Inc.. (Neale, James) (Entered: 08/27/2012)
MOTION to Compel Production of Peanut Butter for Testing or in the Alternative Motion to Dismiss , MOTION to Dismiss (re Kinser plaintiffs) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Neale, James) (Entered: 08/27/2012)
MEMORANDUM in Support of 2715 MOTION to Compel Production of Peanut Butter for Testing by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B)(Neale, James) Modified related doc/text on 8/28/2012 (dr). (Entered: 08/27/2012)
MOTION to Strike Plaintiffs' Interrogatory Responses Belatedly Disclosing a New Food Manufacturing Expert (Ahrens/Andrews) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A)(Neale, James) (Entered: 08/23/2012)
MOTION for Partial Summary Judgment as to Claim of Punitive Damages (Elander) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified event/text on 8/24/2012 (dr). (Entered: 08/23/2012)
ORDER granting (2679) Motion to Dismiss in case 1:07-md-01845-TWT, granting (31) Motion to Dismiss in case 1:08-cv-01468-TWT; The claims of Plaintiff Allah Kasiem are DISMISSED WITHOUT PREJUDICE. Signed by Judge Thomas W. Thrash, Jr on 8/16/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-01468-TWT(dr) (Entered: 08/20/2012)
ORDER approving (37 in 1:08-cv-02932-TWT), (2700 in 1:07-md-01845-TWT) Stipulation extending time until 10/9/12 for Defendant to file Reply Brief in Support of Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 8/8/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(dr) (Entered: 08/08/2012)
STIPULATION re 2647 MOTION for Summary Judgment as to Brugh Plaintiffs Extending Summary Judgment Reply Deadline by ConAgra Foods, Inc.. (Spivey, Angela) (Entered: 08/07/2012)
NOTICE of Appearance of Raymond Silverman by Cheryl Baumgartner, David Baumgartner. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00569-TWT(dr) (Entered: 08/07/2012)
ORDER OF DISMISSAL with prejudice of Punitive Damages Claim only. Signed by Judge Thomas W. Thrash, Jr on 8/6/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(dr) (Entered: 08/06/2012)
STIPULATION for Dismissal of Punitive Damages Claim by Christina Brugh, John Brugh, Krystina Brugh. (Attachments: # 1 Text of Proposed Order)(Brown, Robert) (Entered: 07/31/2012)
Response to Statement of Material Facts re 2643 MOTION for Summary Judgment as to Plaintiff David Brittenham filed by ConAgra Foods, Inc.. (dr) (Entered: 07/17/2012)
DOCUMENT FILED IN ERROR - RESPONSE in Support re 2643 MOTION for Summary Judgment filed by ConAgra Foods, Inc.. (Neale, James) Modified on 7/17/2012 (dr). (Entered: 07/16/2012)
REPLY to Response to Motion re 2643 MOTION for Summary Judgment as to Plaintiff David Brittenham filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 07/16/2012)
Withdrawal of Motion 2640 MOTION for Summary Judgment as to Plaintiff Michael Caruso filed by ConAgra Foods, Inc., 2642 MOTION for Summary Judgment as to Plaintiff Edward Pruitt filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 07/13/2012)
Withdrawal of 2667 MOTION for Summary Judgment Based on Lack of Product Identification, Product Defect and Causation as to Plaintiff William Brown filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) Modified related doc on 7/16/2012 (dr). (Entered: 07/13/2012)
MOTION for Partial Summary Judgment on Claim for Punitive Damages (K. Brugh) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memnrandum in Support of Motion, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/12/2012)
NOTICE of Withdrawal of Notice of Discovery Deposition of John F. Pohl, M.D. re 2683 Notice to Take Deposition, by ConAgra Foods, Inc. (Spivey, Angela) (Entered: 07/11/2012)
Withdrawal of Motion 2638 MOTION to Deem Admitted Defendant's First Requests for Admissions and MOTION for Summary Judgment as to Plaintiff Frederick Desero filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 07/10/2012)
CONSENT ORDER amending deadline until 7/17/12 for defendant's reply brief in support of (2643 in 1:07-md-01845-TWT), (100 in 1:08-cv-03693-TWT) MOTION for Summary Judgment as to Plaintiff David Brittenham filed by ConAgra Foods, Inc. Signed by Judge Thomas W. Thrash, Jr on 7/10/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-03693-TWT(dr) (Entered: 07/10/2012)
MOTION to Dismiss Complaint of Plaintiff Allah Kasiem for Failure to Comply with Court Order and Cooperate in Discovery with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order)(Neale, James) (Entered: 07/10/2012)
PROPOSED CONSENT ORDER Amending Reply Deadline for Defendant's Motion for Summary Judgment Based on Lack of Evidence of Consumption of Contaminated Product and Proximate Cause as to Plaintiff David N. Brittenham re: 2643 MOTION for Summary Judgment as to Plaintiff David Brittenham. (Neale, James) (Entered: 07/06/2012)
ORDER granting 2676 Plaintiff's Motion to Seal Exhibit 4 to Plaintiff's Opposition to Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 7/5/12. (ddm) (Entered: 07/05/2012)
FILED UNDER SEAL - MOTION to Seal Exhibit 4 to Plaintiff's Opposition to Motion for Summary Judgment based on insufficient evidence of consumption of contaminated product and proximate cause of Plaintiff's illness by Dave Brittenham. (dr) (dr). (Entered: 07/03/2012)
RESPONSE in Opposition re 2643 MOTION for Summary Judgment as to Plaintiff David Brittenham filed by Wendy Joan Ahrens. (Attachments: # 1 Statement of Material Facts In Support of Opp. to Defendant's Mot. for Summary Judgment of Claims, # 2 Affidavit David Brittenham, # 3 Exhibit One, # 4 Exhibit Two, # 5 Exhibit Three, # 6 Exhibit Four, # 7 Affidavit Vince J. Carter, # 8 Exhibit One, # 9 Exhibit Two, # 10 Exhibit Three, # 11 Exhibit Four)(Carter, Vincent) (Entered: 06/26/2012)
ORDER approving (31 in 1:08-cv-02932-TWT), (2669 in 1:07-md-01845-TWT) Joint Stipulation extending time until 7/27/12 for Plaintiffs to file their response to motion for summary judgment. Signed by Judge Thomas W. Thrash, Jr on 6/20/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-02932-TWT(dr) (Entered: 06/21/2012)
STIPULATION re 2647 MOTION for Summary Judgment as to Brugh Plaintiffs Joint Stipulation Extending Summary Judgment Response Deadline by Christina Brugh, John Brugh, Krystina Brugh, ConAgra Foods, Inc.. (Neale, James) (Entered: 06/19/2012)
Withdrawal of Motion 2636 MOTION for Summary Judgment as to Plaintiff Phyllis Perruc filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 06/19/2012)
MOTION for Summary Judgment Based on Lack of Product Identification, Product Defect and Causation as to Plaintiff William Brown by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/13/2012)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 6/7/2012. Mr. Neale addressed the status of the remaining 11 cases with a total of 31 plaintiffs. Everyone agreed that as soon as the Court is able to rule on the pending motions that cases remaining can either be remanded or scheduled for trial in the NDGa. The next status conference to be scheduled during the last week of August or the first week of September. (Court Reporter Susan Baker)(dr) (Entered: 06/07/2012)
ORDER granting (2602) Motion to Compel Responses to ConAgra's Interrogatories, Reqeusts for Production of Documents and Request for Admissions from Plaintiff Frederick Desero in case 1:07-md-01845-TWT; granting (11) Motion to Compel in case 1:11-cv-01271-TWT. Signed by Judge Thomas W. Thrash, Jr on 6/7/12. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-01271-TWT(dr) (Entered: 06/07/2012)
ORDER granting (2633) Motion to Dismiss Mary Hernandez, Cecil Lancaster, Florence Runnels, Willie Seals and Zachary Hagar in case 1:07-md-01845-TWT; granting (58) Motion to Dismiss in case 1:09-cv-00756-TWT. Signed by Judge Thomas W. Thrash, Jr on 6/7/12. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00756-TWT(dr) (Entered: 06/07/2012)
ORDER granting (2641) Motion to Seal Exhibit 2 to Defendant's Motion for Summary Judgment based on Lack on Product Identification, Product Defect, and Causation as to Plaintiff Michael Caruso in case 1:07-md-01845-TWT; granting (98) Motion to Seal in case 1:08-cv-03693-TWT. Signed by Judge Thomas W. Thrash, Jr on 6/7/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-03693-TWT(dr) (Entered: 06/07/2012)
ORDER granting (2617) Motion to Compel Responses to ConAgra's Interrogatories and Request for Production from Plaintiff Allah Kasiem in case 1:07-md-01845-TWT, granting (29) Motion to Compel in case 1:08-cv-01468-TWT. Signed by Judge Thomas W. Thrash, Jr on 6/7/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-01468-TWT(dr) (Entered: 06/07/2012)
Withdrawal of Motion 2637 MOTION for Summary Judgment as to Plaintiff Joyce Lee Tracy filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 06/06/2012)
STIPULATION of Dismissal Without Prejudice as to Certain Wendy Joan Ahrens Plaintiffs by Rodney David Leigh Cline, ConAgra Foods, Inc.. (Neale, James) (Entered: 06/06/2012)
STIPULATION of Dismissal Without Prejudice as to Certain Carlos Andrews Plaintiffs by Duane E. Arola, Viveca M. Avila, Gary L. Barton, Margaret A.E. Boring, Trevor D. Brandon, Brooklyn Faith Christensen, ConAgra Foods, Inc., Mark Anthony Crockett, Karen E. Daugherty, William Thomas Dixie, Richard A. Faulk, Dakota C. Jackson, Raina J. Jackson, George Logos, Raven Nycole McZeal, Adrieana M. Miccio, Ashley Nicole Mizell, Brenda J. Rogers, Nancy J. Stanford-Camp, Joyce Lee Tracy. (Neale, James) (Entered: 06/06/2012)
STIPULATION of Dismissal Without Prejudice as to Certain Lamont Anderson Plaintiffs by ConAgra Foods, Inc., Tessa Tripp, Willie Bernard Tripp. (Neale, James) (Entered: 06/06/2012)
MOTION for Summary Judgment as to Plaintiff David Brittenham with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit, # 2 Statement of Material Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/05/2012)
MOTION for Summary Judgment as to Plaintiff Edward Pruitt with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Statement of Material Facts, # 2 Brief, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified description of exhibits on 6/6/2012 (dr). (Entered: 06/05/2012)
MOTION to Seal Exhibit 2 to Defendant's Motion for Summary Judgment as to Plaintiff Michael Caruso by ConAgra Foods, Inc.. (Neale, James) (Entered: 06/05/2012)
MOTION for Summary Judgment as to Plaintiff Michael Caruso with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Statement of Material Facts, # 2 Brief, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified description of exhibits on 6/6/2012 (dr). (Additional attachment(s) added on 6/7/2012: # 10 Exhibit 2) (dr). (Entered: 06/05/2012)
MOTION to Deem Admitted Defendant's First Requests for Admissions and (), MOTION for Summary Judgment as to Plaintiff Frederick Desero () with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief in Support of Motion to Deem Admitted Defendant's First Requests for Admissions and Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Statement of Material Facts)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/04/2012)
MOTION for Summary Judgment as to Plaintiff Joyce Lee Tracy with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief in Support of Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Statement of Material Facts)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/04/2012)
MOTION for Summary Judgment as to Plaintiff Phyllis Perruc with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief in Support of Motion for Summary Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Statement of Material Facts)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/04/2012)
CERTIFICATE of Counsel Regarding Designation of MDL Record by Angela Margarite Spivey on behalf of ConAgra Foods, Inc., Wal-Mart Stores East, Inc. (Spivey, Angela) (Entered: 05/10/2012)
NOTICE by ConAgra Foods, Inc. re 2627 Notice to Take Deposition of Withdrawal of Notice of Deposition of John Elander (Spivey, Angela) (Entered: 04/26/2012)
CERTIFICATE OF SERVICE of Discovery by Brooklyn Elizabeth Bailey, Charles E. Bowles, Mandy Lynn Bowles, Jessica Dawn Goodman, Mona Gayle Goodman, Myra Jo Kinser, Myra Jo Kinser(as a survivor of Margueritte Lou Kinser).Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT(Koski, Robert) (Entered: 04/16/2012)
CERTIFICATE OF SERVICE of Discovery by Bobbi Jo Staggs.Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT, 1:08-cv-03693-TWT(Koski, Robert) (Entered: 04/16/2012)
MOTION to Compel Plaintiff Allah Kasiem's Responses to ConAgra's Interrogatories and Requests for Production of Documents with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Neale, James) (Entered: 04/03/2012)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 3/30/2012. Ms. Spivey advised the Court of the MDL Census and Demographics. There are 13 MDL cases with 35 plaintiffs remaining. At the request of counsel the Court will keep the MDL open for now to assist in the resolution of the cases.Counsel for Lamont & Dewawn Hatacher requested that the Court not remand for an additional 2 weeks to allow them more time to contact their clients concerning ConAgra's offer. ConAgra's counsel has not objection to waiting two addition weeks before the Court rules on their suggestion to remand to these two plaintiffs on 1:08cv3693. (Court Reporter Monty Vann)(dr) (Entered: 03/30/2012)
STIPULATION of Dismissal With Prejudice by the estate of Raymond Taylor by ConAgra Foods, Inc., Kathi Mosely, Robin Taylor. (Neale, James) (Entered: 03/27/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions Directed to Plaintiff Daysha Doss as Natural Parent and Guardian of Alaina Doss, Minor by Daysha Doss.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions Directed to Plaintiff Daysha Doss by Daysha Doss.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions by Taylor Elander, Twyla Elander.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions by Doyle Keener.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions by Lizzie Marshall.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions by Madison Nunnery, Nikki Nunnery.(Childers, Charles) (Entered: 03/16/2012)
CERTIFICATE OF SERVICE re Plaintiff's Responses to ConAgra Foods, Inc.'s First Requests for Admissions by Brennan Smith, Sara Smith.(Childers, Charles) (Entered: 03/16/2012)
RESPONSE in Opposition re 2590 First MOTION to SeverFirst MOTION to Transfer Case to Southern District of Indiana filed by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3))(Neale, James) (Entered: 03/15/2012)
MOTION to Compel Plaintiff Frederick Desero's Responses to Interrogatories, Requests for Production of Documents and Requests for Admissions with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order)(Neale, James) (Entered: 03/15/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Brennan Smith, Sara Smith.(Childers, Charles) (Entered: 03/07/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Madison Nunnery, Nikki Nunnery.(Childers, Charles) (Entered: 03/07/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Lizzie Marshall.(Childers, Charles) (Entered: 03/07/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Doyle Keener.(Childers, Charles) (Entered: 03/07/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Taylor Elander, Twyla Elander.(Childers, Charles) (Entered: 03/07/2012)
CERTIFICATE OF SERVICE re Plaintiffs' Objections and Responses to Defendant's First Interrogatories and Requests for Production by Daysha Doss.(Childers, Charles) (Entered: 03/07/2012)
STIPULATION of Dismissal With Prejudice by Arthur Kulaga, Billy Martin as survivor of Billy Webb, Cyrus Sterling, Susan Fowler, and by ConAgra Foods, Inc.. (Neale, James) (Entered: 03/05/2012)
STIPULATION of Dismissal With Prejudice by ConAgra Foods, Inc., Zariyona Alexis Foxworth, Glenda L. Inman, Tammie R. Nash, Alicia J. Radatz, Steven J. Radatz, Paula Marian Robinson, Irene Rothgeb, John E. Wilkins. (Neale, James) (Entered: 03/05/2012)
STIPULATION of Dismissal With Prejudice as to S. P. through his guardian ad litem, Tanya Parker by ConAgra Food Sales, Inc.. (Neale, James) (Entered: 03/01/2012)
First MOTION to Sever, First MOTION to Transfer Case to Southern District of Indiana with Brief In Support by Brooklyn Elizabeth Bailey, Charles E. Bowles, Mandy Lynn Bowles, Jessica Dawn Goodman, Mona Gayle Goodman, Myra Jo Kinser, Bobbi Jo Staggs. (Attachments: # 1 Brief Memorandum of law in support of motion to sever and transfer)(Koski, Robert) (Entered: 03/01/2012)
STIPULATION of Dismissal With Prejudice by minors Adam Bourhila and Amin Bourhila, and by ConAgra Foods, Inc., Belinda Sandoval. (Neale, James) (Entered: 02/27/2012)
STIPULATION of Dismissal by Cynthia Jones, and by ConAgra Foods, Inc., Reginald Douglas, Albert Jones, Michael L. Jones, Veronica Woods. (Neale, James) (Entered: 02/27/2012)
STIPULATION of Dismissal With Prejudice by minors Junisha D. Lewis, Joseph C. Randall, Matthew Robinson, Michael Charles Robinson, and by ConAgra Foods, Inc., Jessie Criff, Hillary Mack, Jr, Addie McCauley, Jerald McGowen, Wilder Minick, Tonya Moses, Debra Randle, Shannon Rideout, Michael Robinson, Morris Sanders, Gregorio Sandoval, Maria Esther Sandoval, Karen Sheffield, Diane T. Stelly, Chataveon Tucker, Markshia Tucker, Christine Washington, Timothy Washington, Tristan Williams, Jr. (Neale, James) (Entered: 02/27/2012)
STIPULATION of Dismissal With Prejudice by minors Chloe Brown, Audran Cooks, Caleb Garza, Nehemiah Hardemon, and Jarashylynn Lewis, and by Robin Abbott, Robert Brown, Sean Brown, Tamiko Burnett, Carolyn Cantu, Jessie Criff, Tom John Criff, Bennie Joe Frazier, Leslie Garza, Chryle Hardemon, George Hines, Joyce Hines, Janice House, Deborah Jacobs, Regina Leday, John Lewis, Jr, Tonya Moses. (Neale, James) (Entered: 02/27/2012)
ORDER amending response deadline for Defendant's 22 MOTION to Compel Amended Fact Sheet in case 1:08-CV-1767. The deadline for Plaintiff's response to Defendant's Motion to Compel Amended Fact Sheet is February 28, 2012. (Associated Cases: 1:07-md-01845-TWT, 1:08-cv-01767-TWT) Signed by Judge Thomas W. Thrash, Jr on 2/16/12. (ddm) (Entered: 02/17/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-04480-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-04478-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-04477-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-004476-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-04475-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
CERTIFICATE OF SERVICE of Requests for Admissions directed to Plaintiffs in case number 1:11-CV-04474-TWT by ConAgra Foods, Inc..(Neale, James) (Entered: 02/16/2012)
PROPOSED CONSENT ORDER Amending Response Deadline for Defendant's Motion to Compel Amended Fact Sheet re: 2554 MOTION to Compel Amended Plaintiff Fact Sheet from Plaintiff William V. Porter. (Neale, James) (Entered: 02/15/2012)
ORDER denying (2489) Motion for Reconsideration in case 1:07-md-01845-TWT, denying (24) Motion for Reconsideration in case 1:10-cv-02257-TWT. Signed by Judge Thomas W. Thrash, Jr on 2/9/12. Associated Cases: 1:07-md-01845-TWT, 1:10-cv-02257-TWT(dr) (Entered: 02/09/2012)
Letter to Judge Thrash from Michael Ayers re status of motion for reinstatement. Associated Cases: 1:07-md-01845-TWT, 1:10-cv-02257-TWT(dr) (Entered: 02/08/2012)
ORDER granting (2450) Motion for Summary Judgment in case 1:07-md-01845-TWT, granting (22) Motion for Summary Judgment in case 1:09-cv-00773-TWT. Signed by Judge Thomas W. Thrash, Jr on 2/7/12. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00773-TWT(dr) (Entered: 02/07/2012)
NOTICE Of Filing by ConAgra Foods, Inc. re 2544 MOTION to Dismiss (Partial) - Smith - (Corrected Exhibits) (Attachments: # 1 Corrected Exhibit A, # 2 Corrected Exhibit B)(Neale, James) (Entered: 02/06/2012)
NOTICE Of Filing by ConAgra Foods, Inc. re 2541 MOTION to Dismiss (Partial) (Corrected Exhibits) (Attachments: # 1 Corrected Exhibit A, # 2 Corrected Exhibit B)(Neale, James) (Entered: 02/06/2012)
Withdrawal of Motion 2555 MOTION to Compel Responses to ConAgra's Interrogatories, Requests for Production of Documents, and Requests for Admisions from Plaintiff David Baumgartner and Cheryl Baumgartner filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 02/06/2012)
RESPONSE in Opposition re 2542 MOTION to Dismiss (Partial) - Elander - filed by Taylor Elander, Twyla Elander. (Childers, Charles) (Entered: 02/02/2012)
RESPONSE in Opposotiion re 2542 MOTION to Dismiss (Partial) - Elander - filed by Taylor Elander, Twyla Elander. (Childers, Charles) Modified event/text on 2/3/2012 (dr). (Entered: 02/02/2012)
MOTION to Compel Responses to ConAgra's Interrogatories, Requests for Production of Documents, and Requests for Admisions from Plaintiff David Baumgartner and Cheryl Baumgartner with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A - Proposed Order)(Neale, James) (Entered: 01/30/2012)
MOTION to Compel Amended Plaintiff Fact Sheet from Plaintiff William V. Porter with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Neale, James) (Entered: 01/24/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents directed to B.S., minor, by and through Sara Smith and Sara Smith by ConAgra Foods, Inc..(Neale, James) (Entered: 01/24/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents on M.N., minor, by and through Nikki Nunnery and Nikki Nunnery by ConAgra Foods, Inc..(Neale, James) (Entered: 01/24/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents directed to Lizzie Marshall by ConAgra Foods, Inc..(Neale, James) (Entered: 01/20/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents Directed to Doyle Keener by ConAgra Foods, Inc..(Neale, James) (Entered: 01/20/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents directed to Twyla Elander as Natural Parent and Guardian of T.E. by ConAgra Foods, Inc..(Neale, James) (Entered: 01/20/2012)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents Directed to Daysha Doss Individually and as Natural Parent and Guardian of A.D. by ConAgra Foods, Inc..(Neale, James) (Entered: 01/20/2012)
REPLY to Response to Motion re 2450 MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause filed by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Neale, James) (Entered: 01/20/2012)
MOTION to Dismiss (Partial) - Keener - with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion)(Neale, James) (Entered: 01/18/2012)
MOTION to Dismiss (Partial) - Marshall - with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion)(Neale, James) (Entered: 01/18/2012)
MOTION to Dismiss (Partial) - Smith - with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B)(Neale, James) (Entered: 01/18/2012)
MOTION to Dismiss (Partial) - Doss - with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion)(Neale, James) (Entered: 01/18/2012)
MOTION to Dismiss (Partial) - Elander - with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B)(Neale, James) (Entered: 01/18/2012)
MOTION to Dismiss (Partial) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Neale, James) (Entered: 01/18/2012)
CLERK'S JUDGMENT in favor of Defendants against Plaintiff. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 01/09/2012)
ORDER granting (81) Motion for Summary Judgment in case 1:07-cv-01415-TWT, granting (2526) Motion for Summary Judgment in case 1:07-md-01845-TWT. Signed by Judge Thomas W. Thrash, Jr on 1/9/12. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(dr) (Entered: 01/09/2012)
ORDER denying as moot (2520) Motion to Dismiss in case 1:07-md-01845-TWT; denying as moot (56) Motion to Dismiss in case 1:09-cv-01545-TWT. Signed by Judge Thomas W. Thrash, Jr on 1/6/12. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-01545-TWT(dr) (Entered: 01/06/2012)
ORDER granting (2522) Motion to Dismiss With Prejudice for failure to Comply with Court Order and Cooperate in Discovery in case 1:07-md-01845-TWT; granting (87) Motion to Dismiss for failure to Comply with Court Order and Cooperate in Discovery in case 1:08-cv-03693-TWT. Signed by Judge Thomas W. Thrash, Jr on 1/6/12. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-03693-TWT(dr) (Entered: 01/06/2012)
RESPONSE in Opposition re 2450 MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause filed by Sheila A Riley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kerley, John) (Entered: 01/06/2012)
ORDER granting (2521) Motion to Dismiss Without Prejudice for failure to comply with Court Order and Cooperate in Discovery in case 1:07-md-01845-TWT, granting (93) Motion to Dismiss Without Prejudice for failure to comply with Court Order and Cooperate in Discovery in case 1:07-cv-03058-TWT. Signed by Judge Thomas W. Thrash, Jr on 1/6/12. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-03058-TWT(dr) (Entered: 01/06/2012)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 1/6/2012. The Court met with counsel and followed the proposed agenda jointly submitted by counsel. The Court affirmed that the newly filed cases directly filed in December will be treated as part of the MDL for Judge Thrash's case management purposes. Counsel shall meet in these newly filed cases and attempt to work out a scheduling order. Ms. Sewell to provide counsel with the Court's standard scheduling order for their use in preparing a proposed order. Mr. Neale to confer with Mr. Koski as to a consent severance order of his clients in cases 1:07cv3058 and 1:07cv3693. The Court will schedule the next status conference for about 2 - 2 1/2 months out. (Court Reporter Susan Baker)(dr) (Entered: 01/06/2012)
ORDER ALLOWING AUDIO/VISUAL& COMPUTER EQUIPMENT IN THE COURTROOM on 1/6/12. Signed by Judge Thomas W. Thrash, Jr on 1/4/12. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(ss) (Entered: 01/04/2012)
ORDER granting (2516) Motion to Compel in case 1:07-md-01845-TWT, granting (36) Motion to Compel in case 1:09-cv-03127-TWT. Signed by Judge Thomas W. Thrash, Jr on 12/19/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-03127-TWT(dr) (Entered: 12/20/2011)
ORDER granting (2515) Motion to Compel in case 1:07-md-01845-TWT, granting (14) Motion to Compel in case 1:09-cv-00711-TWT. Signed by Judge Thomas W. Thrash, Jr on 12/19/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00711-TWT(dr) (Entered: 12/20/2011)
RESPONSE re 2526 MOTION for Summary Judgment filed by Bobby Joe Kidd. (Attachments: # 1 Affidavit Second Affidavit of Dr. Jimmy Graham)(Koski, Robert) (Entered: 12/19/2011)
NOTICE setting Trial: Jury Trial set for 1/17/2012 trial calendar at 09:30 AM in ATLA Courtroom 2108 before Judge Thomas W. Thrash Jr. as to Bobby Joe Kidd. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(ss) (Entered: 12/13/2011)
ORDER granting motion to withdraw Attorney Vincent J. Carter for Bobbi Staggs, Cody Staggs. Signed by Judge Thomas W. Thrash, Jr on 12/9/11. (dr) (Entered: 12/12/2011)
ORDER granting motion to withdraw attorney Vincent J. Carter for Myra Jo Kinser, Mona Goodman, Mandy Bowles, Charles Bowles, Jessica Goodman, Brooklyn Bailey. Signed by Judge Thomas W. Thrash, Jr on 12/9/11. (dr) (Entered: 12/12/2011)
MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery (Ahrens) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order)(Neale, James) (Entered: 12/07/2011)
MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery (Andrews) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order)(Neale, James) (Entered: 12/07/2011)
MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery (L. Anderson) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order)(Neale, James) (Entered: 12/07/2011)
NOTICE to Take Deposition of Robin Taylor, co-administrator of the estate of plaintiff Raymond Taylor filed by ConAgra Foods, Inc. (Neale, James) (Entered: 12/07/2011)
STIPULATION of Dismissal With Prejudice by ConAgra Foods, Inc., John Sydney Parsons, Maude Parsons-Fachet, Safeway, Inc.. (Neale, James) (Entered: 12/06/2011)
NOTICE by ConAgra Foods, Inc., Wal-Mart Stores, Inc. re 2354 MOTION to Exclude The Opinions of Plaintiff's Medical Expert, Dr. Jimmy Graham (Defendant's Supplemental Memorandum in Support of Motion) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Neale, James) (Entered: 11/22/2011)
MOTION to Compel Raymond Taylor's Responses to ConAgra's Interrogatories and Requests for Production of Documents to All Plaintiffs with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Neale, James) (Entered: 11/21/2011)
MOTION to Compel Plaintiff Clayton's Responses to ConAgra's Requests for Production of Documents to All Plaintiffs with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Brief Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(Neale, James) (Entered: 11/21/2011)
CERTIFICATE OF SERVICE of Interrogatories, Requests for Production of Documents and Requests for Admission Directed to Baumgartner Plaintiffs by ConAgra Foods, Inc..(Neale, James) (Entered: 11/11/2011)
ORDER granting (37) Motion to Strike, denying (42) Motion to Appoint Expert, denying (42) Motion to Dismiss in case 1:07-cv-01415-TWT, granting (2357) Motion to Strike in case 1:07-md-01845-TWT. Signed by Judge Thomas W. Thrash, Jr on 11/9/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(dr) (Entered: 11/10/2011)
ORDER denying (70) Motion for Appeal under 1292(b) in case 1:07-cv-01415-TWT, denying (2407) Motion for Appeal under 1292(b) in case 1:07-md-01845-TWT. Signed by Judge Thomas W. Thrash, Jr on 11/9/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(dr) (Entered: 11/10/2011)
ORDER the parties are directed to submit supplemental briefs within 14 days re (2354 in 1:07-md-01845-TWT), (34 in 1:07-cv-01415-TWT) MOTION to Exclude The Opinions of Plaintiff's Medical Expert, Dr. Jimmy Graham filed by Conagra Foods, Inc., Wal-Mart Stores, Inc. Signed by Judge Thomas W. Thrash, Jr on 11/9/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(dr) (Entered: 11/10/2011)
AMENDED CONSENT ORDER Amending response deadline until 1/6/12 for Plaintiff to respond to (22 in 1:09-cv-00773-TWT), (2450 in 1:07-md-01845-TWT) MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause, (20 in 1:09-cv-00773-TWT) MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery. Signed by Judge Thomas W. Thrash, Jr on 11/7/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00773-TWT(dr) (Entered: 11/08/2011)
PROPOSED CONSENT ORDER Amended Consent Order Amending Response Deadline for Defendant's Motion for Summary Judgment and Defendant's Motion to Dismiss (Riley). (Neale, James) (Entered: 11/07/2011)
ORDER OF DISMISSAL Without Prejudice pursuant to the Court's Order (1:11-cv-01272 (17)). Signed by Judge Thomas W. Thrash, Jr on 10/26/2011. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-01272-TWT(rej) (Entered: 10/26/2011)
ORDER OF DISMISSAL Without Prejudice as to Jimmy Spurlock and Linda Spurlock. Signed by Judge Thomas W. Thrash, Jr on 10/26/2011. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00779-TWT(rej) (Entered: 10/26/2011)
ORDER of DISMISSAL granting (2427 in 1:07-md-01845-TWT) MOTION to Dismiss Without Prejudice Alfoniza Richardson and Tammy Taylor. Signed by Judge Thomas W. Thrash, Jr on 10/25/2011. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-03127-TWT (rej) (Entered: 10/26/2011)
ORDER of DISMISSAL granting (2485 in 1:07-md-01845-TWT) MOTION to Dismiss Without Prejudice Lisa Anders. Signed by Judge Thomas W. Thrash, Jr on 10/25/2011. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-02844-TWT (rej) (Entered: 10/26/2011)
ORDER OF DISMISSAL granting (2486 in 1:07-md-01845-TWT) Motion to Dismiss Without Prejudice Susan Hoffman. Signed by Judge Thomas W. Thrash, Jr on 10/25/2011. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-02242-TWT (rej) (Entered: 10/26/2011)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 10/25/2011. Mr. Neal reported on the MDL census and demographics with a special emphasis on the cases filed by the Girardi Keese firm. The Court ordered Mr. Carter with the Girardi firm to be prepared to provide a status as to each of the plaintiffs in their cases as to settlement or ready for remand. The Court inquired of those monitoring by telephone if any plaintiff was currently requesting remand. There was no response and Mr. Smalley indicated that no plaintiff's counsel had contacted him in the last 6 weeks indicating that as their position. The Court then inquired as to the Kidd case as to the testing of the peanut butter and if ready to go on a trial calendar once current pending motions are ruled on. ConAgra's counsel indicated they were ready for ruling on pending motions, plaintiff indicated that they were ready for the court to rule. Mr. Neal presented proposed order for the Court to consider when ruling on Motions to Dismiss by Non-response pro se plaintiffs without prejudice Docs. 2427 , 2485 , 2486 . The Court indicated that the next status conference would be held shortly after the first of the year. (Court Reporter Susan Baker)(dr) (Entered: 10/25/2011)
STIPULATION of Dismissal With Prejudice by Angelina N Chewning, ConAgra Foods, Inc., Sandra A. Cuevas, Deborah S. Goddard, George Goodson, Beverly A. Jenkins, Thelma L. Jones-Johnson, Joyce Carol Keith, Kathy Leigh Lewiski, Larry I. Miller, Marlene Sue Richardson, Deborah M. Sanchez, Paul Arthur Sikorski, Bernol F. Soutar, Cheryl L. Sprinkle, Lila B. Weldan. (Neale, James) (Entered: 10/21/2011)
RESPONSE in Opposition re 2489 MOTION for Reconsideration re 2453 Order on Motion for Summary Judgment,,,,,,, filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 10/20/2011)
ORDER OF DISMISSAL WITHOUT PREJUDICE granting (11) Motion to Dismiss in case 1:11-cv-00779-TWT, granting (16) Motion to Dismiss in case 1:11-cv-01272-TWT. The claims of the plaintiffs listed shall be DISMISSED WITHOUT PREJUDICE. Defendant shall submit to the Court for entry orders further memorializing the ruling in each individual case to which this Order applies, which the Clerk shall enter in each individual case. Signed by Judge Thomas W. Thrash, Jr on 10/17/11. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00779-TWT, 1:11-cv-01272-TWT(dr) (Entered: 10/17/2011)
ORDER OF DISMISSAL granting (2426 in 1:07-md-01845-TWT) MOTION to Dismiss Without Prejudice Joseph Witherspoon. Signed by Judge Thomas W. Thrash, Jr on 10/13/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-02017-TWT(dr) (Entered: 10/14/2011)
ORDER OF DISMISSAL granting (2426 in 1:07-md-01845-TWT) MOTION to Dismiss Without Prejudice Virginia Salyers. Signed by Judge Thomas W. Thrash, Jr on 10/13/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-02801-TWT(dr) (Entered: 10/14/2011)
ORDER OF DISMISSAL granting (2426 in 1:07-md-01845-TWT) MOTION to Dismiss Without Prejudice Mildred Turner. Signed by Judge Thomas W. Thrash, Jr on 10/13/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT(dr) (Entered: 10/14/2011)
ORDER OF DISMISSAL granting (2426) Motion to Dismiss Without Prejudice Edrith McGlothlin. Signed by Judge Thomas W. Thrash, Jr on 10/13/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00756-TWT(dr) (Entered: 10/14/2011)
CONSENT ORDER VACATING (25 in 1:09-cv-00773-TWT) Order, and Plaintiff has until 11/7/11 to respond to (20 in 1:09-cv-00773-TWT) MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery filed by Conagra Foods Inc. Signed by Judge Thomas W. Thrash, Jr on 10/13/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00773-TWT(dr) (Entered: 10/14/2011)
CONSENT ORDER AUTHORIZING DISBURSEMENT #4 FROM COMMON BENEFIT FUND ACCOUNT. Signed by Judge Thomas W. Thrash, Jr on 10/12/11. (dr) (Entered: 10/13/2011)
CERTIFICATE of Counsel re 2485 MOTION to Dismiss Without Prejudice as to Pro Se Plaintiff Lisa Anders (Abraham) (Amended Certificate of Service) by James F. Neale on behalf of ConAgra Foods, Inc. (Neale, James) (Entered: 10/07/2011)
MOTION to Dismiss Without Prejudice as to Pro Se Plaintiff Lisa Anders (Abraham) by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Neale, James) (Entered: 10/06/2011)
PROPOSED CONSENT ORDER Consent Order Vacating Order Granting Motion to Dismiss (Riley) re: 2476 Order on Motion to Dismiss,. (Neale, James) (Entered: 10/05/2011)
STIPULATION of Dismissal Without Prejudice by Linda K. Sloan, as survivor of Clarence Sloan, Sr., and by ConAgra Foods, Inc., Linda K. Sloan. (Neale, James) (Entered: 10/05/2011)
ORDER granting (2467) Motion to Dismiss Complaints of Certain Plaintiffs in case 1:07-md-01845-TWT. Defendant shall submit to the Court for entry the order further memorializing the ruling in each individual case to which this Order applies, which the Clerk shall enter in each individual case. Signed by Judge Thomas W. Thrash, Jr on 9/29/2011. Associated Cases: 1:07-cv-02017-TWT, 1:07-cv-02801-TWT, 1:09-cv-00180-TWT, 1:09-cv-00756-TWT, 1:09-cv-00773-TWT. (rej) (Entered: 09/29/2011)
ORDER granting (2463) Motion to Set Aside 545 Order in case 1:07-md-01845-TWT; granting (19) Motion to Set Aside 14 Order in case 1:08-cv-01767-TWT. Signed by Judge Thomas W. Thrash, Jr on 9/26/11. Associated Cases: 1:07-md-01845-TWT, 1:08-cv-01767-TWT(dr) (Entered: 09/27/2011)
STIPULATION of Dismissal With Prejudice by ConAgra Foods, Inc., Donna Schultz, Thomas Schultz, Wal-Mart Stores, Inc.. (Neale, James) (Entered: 09/21/2011)
RESPONSE in Support re 2463 MOTION to Set Aside Order/Judgment 545 Order to Dismiss, Add and Terminate Parties,, MOTION to Set Aside Order/Judgment 545 Order to Dismiss, Add and Terminate Parties,, MOTION to Set Aside Order/Judgment 545 Order to Dismiss, Add and Terminate Parties,, filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 09/21/2011)
CONSENT ORDER amending response deadline until 11/7/11 for Plaintiff to respond to (22 in 1:09-cv-00773-TWT), (2450 in 1:07-md-01845-TWT) MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause, and (20 in 1:09-cv-00773-TWT) MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery filed by Conagra Foods Inc. Signed by Judge Thomas W. Thrash, Jr on 9/21/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00773-TWT(dr) (Entered: 09/21/2011)
MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery (Spurlock, Stuart) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Proposed Order)(Neale, James) (Entered: 09/13/2011)
STIPULATION of Dismissal With Prejudice by Carl Benyard, and by Destiny Ariani Benyard, Devin Lester Berry, ConAgra Foods, Inc., Rhonda A. Jackson, Dynasty D. Merriweather, Khyrsten Merriweather. (Neale, James) (Entered: 09/12/2011)
STIPULATION of Dismissal With Prejudice by Joanne Gamble, Sheila Snipes, Juliet Trego and Jilian Trego by A.P., ConAgra Foods, Inc.. (Neale, James) (Entered: 09/12/2011)
ORDER VACATING (30 in 1:09-cv-00180-TWT, 2453 in 1:07-md-01845-TWT) Order, (2454 in 1:07-md-01845-TWT, 31 in 1:09-cv-00180-TWT) Clerk's Judgment as to Mildred Turner, and directing the Clerk to reopen the case and reinstate the Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr on 9/7/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT(dr) (Entered: 09/08/2011)
PROPOSED CONSENT ORDER Amending Response Deadline for Defendant's Motion for Summary Judgment and Defendant's Motion to Dismiss (Riley). (Neale, James) (Entered: 09/06/2011)
ORDER denying (22) Motion for Reconsideration in case 1:09-cv-00767-TWT. Signed by Judge Thomas W. Thrash, Jr on 9/2/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00767-TWT(dr) (Entered: 09/06/2011)
Withdrawal of Motion 2446 MOTION to Compel Production of Peanut Butter for Testing (Brugh) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 09/06/2011)
ORDER granting (7) Motion to Dismiss for Lack of Personal Jurisdiction in case 1:11-cv-00772-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/31/11. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00772-TWT(dr) (Entered: 09/01/2011)
CLERK'S JUDGMENT in favor of ConAgra Foods, Inc. against Lewis Bryant, Chaneka Dangerfield, Bertha Hardy, Kenneth Vest, Sr. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-02844-TWT(dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/01/2011)
ORDER granting (2098) Motion for Summary Judgment as to Plaintiffs Lewis Bryant, Chaneka Dangerfield, Bertha Hardy and Kenneth Vest, Sr. in case 1:07-md-01845-TWT, granting (92) Motion for Summary Judgment as to Plaintiffs Lewis Bryant, Chaneka Dangerfield, Bertha Hardy and Kenneth Vest, Sr. in case 1:09-cv-02844-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/31/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-02844-TWT(dr) (Entered: 09/01/2011)
CLERK'S JUDGMENT in favor of ConAgra Foods, Inc. against Plaintiffs Mildred Turner and Michael Thomas Ayers. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT, 1:10-cv-02257-TWT(dr)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 09/01/2011)
ORDER granting (2305) Motion for Summary Judgment, granting (2413) Motion for Summary Judgment in case 1:07-md-01845-TWT, granting (18) Motion for Summary Judgment in case 1:09-cv-00180-TWT, granting (16) Motion for Summary Judgment in case 1:10-cv-02257-TWT. Signed by Judge Thomas W. Thrash, Jr on 8/31/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT, 1:10-cv-02257-TWT(dr) (Entered: 09/01/2011)
RESPONSE re 2446 MOTION to Compel Production of Peanut Butter for Testing (Brugh) filed by Christina Brugh, John Brugh, Krystina Brugh. (Attachments: # 1 Text of Proposed Order)(Brown, Robert) (Entered: 08/31/2011)
REPLY to Response to Motion re 2413 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) filed by ConAgra Foods, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neale, James) (Entered: 08/26/2011)
MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/24/2011)
MOTION to Compel Production of Peanut Butter for Testing (Schultz) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1)(Neale, James) (Entered: 08/24/2011)
MOTION to Compel Production of Peanut Butter for Testing (Ladd) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2)(Neale, James) (Entered: 08/24/2011)
MOTION to Compel Production of Peanut Butter for Testing (Hoffman) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2)(Neale, James) (Entered: 08/24/2011)
MOTION to Compel Production of Peanut Butter for Testing (Brugh) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2)(Neale, James) (Entered: 08/24/2011)
MOTION to Compel Production of Peanut Butter for Testing (Brown) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2)(Neale, James) (Entered: 08/24/2011)
CERTIFICATE OF SERVICE of Interrogatories, Requests for Production of Documents and Requests for Admission on Plaintiff Phyllis Perruc by ConAgra Foods, Inc..(Neale, James) (Entered: 08/24/2011)
CERTIFICATE OF SERVICE of Interrogatories, Requests for Production of Documents and Requests for Admission on Plaintiff John Parker by ConAgra Foods, Inc..(Neale, James) (Entered: 08/24/2011)
CERTIFICATE OF SERVICE of Interrogatories, Requests for Production of Documents and Requests for Admission on Plaintiff Lana Pandos by ConAgra Foods, Inc..(Neale, James) (Entered: 08/24/2011)
CERTIFICATE OF SERVICE of Interrogatories, Requests for Production of Documents and Requests for Admission on Plaintiff Frederick Desero by ConAgra Foods, Inc..(Neale, James) (Entered: 08/24/2011)
SECOND AMENDED CONSENT ORDER amending response deadline until 9/19/11 for Plaintiff's response to (2305 in 1:07-md-01845-TWT), (18 in 1:09-cv-00180-TWT) MOTION for Summary Judgment Because of Lack of Evidence of Proximate Cause filed by Conagra Foods Inc. Signed by Judge Thomas W. Thrash, Jr on 8/23/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT(dr) (Entered: 08/24/2011)
Withdrawal of Motion 2422 MOTION to Compel Production of Peanut Butter for Testing (Riley) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 08/22/2011)
PROPOSED CONSENT ORDER Second Amended Consent Order Amending Response Deadline for Defendant's Motion for Summary Judgment re: 2305 MOTION for Summary Judgment Because of Lack of Evidence of Proximate Cause re plaintiff Mildred Turner. (Neale, James) (Entered: 08/22/2011)
Withdrawal of Motion 2420 MOTION to Compel Production of Peanut Butter for Testing (Turner) filed by ConAgra Foods, Inc. filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 08/22/2011)
STIPULATION of Dismissal Without Prejudice by Brian Briggs, Alexis Ceniceros, Ashley Ceniceros, Laura Ceniceros, Arthur Julian Ceniceros, Michael Mathias, Juan Nasser, Miguel Nasser, Sandra Sanders, Dorothy Stone, Jimmie Stone, Curtis Buchanan, June Buchanan, Carolyn Mohawk, Marie Herbert-Winston, by Jarmaria D'Sean Anderson, Corey J. Bodey, Anna Sophia Carzoo-Fowler, ConAgra Foods, Inc., Patricia A. Crawford, Michael S. Hewett, Aaron Richard Linnehan, Fredrick S. Loudenslager, Marion J. Loudenslager, Phillip L. Lyles, Hattie T. Pullins, Cody A. Rose, Marlene E. Rose, Andrea R. Simon. (Neale, James) (Entered: 08/18/2011)
CERTIFICATE OF SERVICE of Interrogatories and Requests for Production of Documents Directed to Donna Schultz and Thomas Schultz by ConAgra Foods, Inc..(Neale, James) (Entered: 08/17/2011)
RESPONSE in Opposition to 2413 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers), filed by Michael Thomas Ayers. (dr) (Entered: 08/16/2011)
TRANSCRIPT of Proceedings held on April 1, 2011, before Judge Thomas W. Thrash, Jr.. Court Reporter/Transcriber Susan C. Baker, Telephone number (404) 215-1558. 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. Redaction Request due 9/6/2011. Redacted Transcript Deadline set for 9/15/2011. Release of Transcript Restriction set for 11/14/2011. (Attachments: # 1 Notice of Filing Transcript) (fem) (Entered: 08/15/2011)
RESPONSE in Opposition re 2407 MOTION for Appeal under 1292(b) (Kidd) filed by ConAgra Foods, Inc., Wal-Mart Stores, Inc.. (Neale, James) (Entered: 08/12/2011)
ORDER granting (2429) Motion to Compel in case 1:07-md-01845-TWT. Plaintiffs Sallie F. Little, Jimmy Spurlock, Linda Spurlock, and Dionne Stuart shall serve upon ConAgra's Liaison Counsel within twenty (20) days of entry of this Order, a verified fact sheet and applicable attachments. Signed by Judge Thomas W. Thrash, Jr. on 8/11/2011. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00772-TWT, 1:11-cv-00779-TWT, 1:11-cv-01272-TWT(rej) (Entered: 08/11/2011)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Status Conference held on 8/11/2011. The Court Granted the defendant's Motion to Compel Fact Sheets from certain plaintiffs. The Court will schedule the next conference in mid-October or a little later based on convenience of Court and Counsel. A separate notice will be sent via ecf when that date determined. Proposed remand order to be submitted after 30 days has expired, re:1:07cv2561. Associated Cases: 1:07-md-01845-TWT, 1:11-cv-00772-TWT, 1:11-cv-00779-TWT, 1:11-cv-01272-TWT (Court Reporter Susan Baker) (rej) (Entered: 08/11/2011)
MOTION to Compel Production of Plaintiffs Fact Sheets from Plaintiffs Listed on CTO-56 and CTO-57 with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A - Proposed Order)(Neale, James) (Entered: 08/10/2011)
MOTION to Dismiss (Dismissal Without Prejudice re Alfonzia Richardson and Tammy Taylor) with Brief In Support by ConAgra Foods, Inc.. (Neale, James) (Entered: 08/09/2011)
MOTION to Dismiss for Failure to Comply with Court Order and Cooperate in Discovery with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order)(Neale, James) (Entered: 08/09/2011)
STIPULATION of Dismissal With Prejudice by the Estate of Philip Lake, deceased, and by ConAgra Foods, Inc., Marcella Lake. (Neale, James) (Entered: 08/08/2011)
MOTION to Compel Production of Peanut Butter for Testing (Ayers) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1)(Neale, James) (Entered: 08/04/2011)
MOTION to Compel Production of Peanut Butter for Testing (Clayton) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2)(Neale, James) (Entered: 08/04/2011)
MOTION to Compel Production of Peanut Butter for Testing (Riley) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Neale, James) (Entered: 08/04/2011)
MOTION to Compel Production of Peanut Butter for Testing (Salyers) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Neale, James) (Entered: 08/04/2011)
MOTION to Compel Production of Peanut Butter for Testing (Turner) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Neale, James) (Entered: 08/04/2011)
STIPULATION of Dismissal Without Prejudice by Jaianna Brown, Jamie Brown, Jeremiah Williams, and by ConAgra Foods, Inc., Rosalind Franklin. (Neale, James) (Entered: 08/03/2011)
Clerk's Notice to Parties to Respond to (16 in 1:10-cv-02257-TWT), (2413 in 1:07-md-01845-TWT) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers). Associated Cases: 1:07-md-01845-TWT, 1:10-cv-02257-TWT(dr) (Entered: 08/03/2011)
CERTIFICATE of Counsel re 2413 MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) (Amended Certificate of Service) by James F. Neale on behalf of ConAgra Foods, Inc. (Neale, James) (Entered: 08/03/2011)
MOTION for Summary Judgment Because There is No Genuine Issue of Material Fact (Ayers) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/02/2011)
NOTICE Of Filing Original Unopened Deposition Transcripts of David A. DeLorenzo, M.D. and Jay Philippose, M.D. by ConAgra Foods, Inc., Wal-Mart Stores, Inc. (Neale, James) (Entered: 08/01/2011)
STIPULATION of Dismissal With Prejudice by ConAgra Foods, Inc., Bertha Hardy, Burl Leon Pruitt, Jr, Mollie Jane Pruitt, Christeane B. Roney. (Neale, James) (Entered: 08/01/2011)
MOTION for Appeal under 1292(b) with Brief In Support by Bobby Joe Kidd. (Attachments: # 1 Brief Brief in Support of Motion for Certification for Interlocutory Review)(Koski, Robert) (Entered: 08/01/2011)
ORDER in case 1:07-md-01845-TWT, granting (2358) Motion for Partial Summary Judgment; granting in part and denying in part (2359) Motion for Summary Judgment; granting (2361) Motion for Partial Summary Judgment; granting (38) Motion for Partial Summary Judgment; granting in part and denying in part (39) Motion for Summary Judgment; granting (43) Motion for Partial Summary Judgment in case 1:07-cv-01415-TWT. Signed by Judge Thomas W. Thrash, Jr on 7/28/2011. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(tcc) (Entered: 07/28/2011)
RESPONSE to 2403 MOTION to Appoint Expert, MOTION to Dismiss filed by ConAgra Foods, Inc., Wal-Mart Stores, Inc. (Filed 6/24/11 in 07cv1415). (dr) (Entered: 07/26/2011)
MOTION for Leave to Declare Expert Witnesses, or in the alternative, MOTION to Dismiss without prejudice by Bobby Joe Kidd. (Filed 6/14/11 in 07cv1415) (Attachments: # 1 Brief in Support)(dr) (Entered: 07/26/2011)
ORDER OF DISMISSAL WITHOUT PREJUDICE, Plaintiff may re-file her case, if she desires, within 6 months, so long as that re-filed case concerning these matters be filed in a United States District Court from which plaintiff shall not oppose tranfer to this multi-district litigation. Signed by Judge Thomas W. Thrash, Jr on 7/19/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00188-TWT(dr) (Entered: 07/19/2011)
REPLY to Response to Motion re 2358 MOTION for Partial Summary Judgment on Claims for Punitive Damages and Attorney's Fees filed by ConAgra Foods, Inc., Wal-Mart Stores, Inc.. (Neale, James) (Entered: 07/19/2011)
REPLY to Response to Motion re 2354 MOTION to Exclude The Opinions of Plaintiff's Medical Expert, Dr. Jimmy Graham, 2357 MOTION to Strike Plaintiff's Supplementary and Second Supplementary Interrogatory Responses filed by ConAgra Foods, Inc., Wal-Mart Stores, Inc.. (Neale, James) (Entered: 07/19/2011)
REPLY to Response to Motion re 2361 MOTION for Partial Summary Judgment Because There is No Genuine Issue of Material Fact, and ConAgra is Entitled to Judgment as a Matter of Law on Plaintiff's Breach of Warranty Claim filed by ConAgra Foods, Inc.. (Neale, James) (Entered: 07/19/2011)
Notice for Leave of Absence for the following date(s): September 21, 2011, September 23, 2011, September 29-30, 2011, by James F. Neale. (Neale, James) (Entered: 07/19/2011)
NOTICE Of Filing Proposed Order Granting Dismissal without Prejudice by ConAgra Foods, Inc. re 2334 Order, (Attachments: # 1 Text of Proposed Order)(Neale, James) (Entered: 07/18/2011)
NOTICE of Appearance by Robert Clayton Koski on behalf of Charles E. Bowles, Mandy Lynn Bowles, Jessica Dawn Goodman, Mona Gayle Goodman, Mark Kinser, Myra Jo Kinser, Bobbi Jo Staggs (Koski, Robert) (Entered: 07/14/2011)
NOTICE Of Filing of Joint Status Report Regarding Testing of Peanut Butter (Kidd) by ConAgra Foods, Inc., Bobby Joe Kidd, Wal-Mart Stores, Inc. (Neale, James) (Entered: 07/14/2011)
AMENDED CONSENT ORDER extending time until 8/18/11 for Plaintiff's Response to (2305 in 1:07-md-01845-TWT), (18 in 1:09-cv-00180-TWT) MOTION for Summary Judgment Because of Lack of Evidence of Proximate Cause filed by Conagra Foods Inc. Signed by Judge Thomas W. Thrash, Jr on 7/12/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00180-TWT(dr) (Entered: 07/12/2011)
PROPOSED CONSENT ORDER Amending Response Deadline for Defendant's Motion for Summary Judgment re: 2305 MOTION for Summary Judgment Because of Lack of Evidence of Proximate Cause re plaintiff Mildred Turner. (Neale, James) (Entered: 07/10/2011)
STIPULATION of Dismissal With Prejudice by Theodore Gilbert, Jr., and by Hallie Lynn Berry, ConAgra Food, Inc., Jennifer Michelle Freeman, June E. Milo, Kathleen M. Ringer. (Neale, James) Modified filer on 7/11/2011 (dr). (Entered: 07/08/2011)
STIPULATION of Dismissal Without Prejudice by Neyurka Davis, Gabriel Douglas, and by Keith Anderson, ConAgra Foods, Inc., Thalia Moore. (Neale, James) (Entered: 07/07/2011)
Minute Entry for proceedings held before Judge Thomas W. Thrash, Jr: Pretrial Conference held on 7/6/2011; granting 2377 Motion to Compel. Mr. Neal advised the Court that it will take a number of weeks to get the results of the testing of the peanut butter. The Court removed the case from the July trial calendar. Counsel to advise the Court in a written status report in two weeks as to the status of the testing and any additional time needed regarding scheduling depositions of witnesses as to the testing. The Court will only bifurcate as to the issues of punitive damages if the jury determines that punitive damages if appropriate. The Court will rule on objections to voir dire the morning of trial and will determined that length of time allowed for closing argument after the close of the evidence. The Court reviewed with counsel the jury selection process. 12 jurors will be selected. Each side will be allowed 15 hours for presentation of the case. (Court Reporter Susan Baker)(dr) (Entered: 07/07/2011)
ORDER CORRECTING COURT RECORD and denying without prejudice (10) Motion for Summary Judgment in case 1:09-cv-00773-TWT. It is Ordered that the (2248) Motion for Summary Judgment in 07md1845 be removed from the Court's record in case 09cv733, and be incorporated into 09cv773. Signed by Judge Thomas W. Thrash, Jr on 7/6/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00733-TWT, 1:09-cv-00773-TWT(dr) (Entered: 07/06/2011)
RESPONSE re 2354 MOTION to Exclude The Opinions of Plaintiff's Medical Expert, Dr. Jimmy Graham, 2357 MOTION to Strike Plaintiff's Supplementary and Second Supplementary Interrogatory Responses filed by Bobby Joe Kidd. (Koski, Robert) (Entered: 07/06/2011)
RESPONSE in Opposition re 2361 MOTION for Partial Summary Judgment Because There is No Genuine Issue of Material Fact, and ConAgra is Entitled to Judgment as a Matter of Law on Plaintiff's Breach of Warranty Claim filed by Bobby Joe Kidd. (Koski, Robert) (Entered: 07/06/2011)
RESPONSE to 2358 MOTION for Partial Summary Judgment on Claims for Punitive Damages and Attorney's Fees, filed by Bobby Joe Kidd. (Koski, Robert) Modified event/related documents/text on 7/7/2011 (dr). (Entered: 07/06/2011)
PROPOSED ORDER Correcting Court Record and Denying Motion for Summary Judgment Without Prejudice re: 2248 Order on Motion for Summary Judgment,,,,,,,,,,,,,,. (Neale, James) (Entered: 07/01/2011)
NOTICE Of Filing Trial Deposition Designations Regarding Deposition of Robert M. Strauss, MD by ConAgra Foods, Inc., Wal-Mart Stores, Inc. (Kidd) (Neale, James) (Entered: 06/27/2011)
MOTION to Compel Production of Peanut Butter for Testing with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion)(Neale, James) (Entered: 06/27/2011)
SUPPLEMENT to 2357 MOTION to Strike Plaintiff's Supplementary and Second Supplementary Interrogatory Responses by ConAgra Foods, Inc., Wal-Mart Stores, Inc.(Neale, James) Modified on 6/27/2011 (dr). (Entered: 06/24/2011)
NOTICE by ConAgra Foods, Inc., Wal-Mart Stores, Inc. Defendant's Memorandum in Opposition to Plaintiff's Motion for Leave to Declare Expert Witnesses or in the Alternative to Dismiss Plaintiff's Case Without Prejudice (Kidd) (Neale, James) (Entered: 06/24/2011)
ORDER with corrected document ALLOWING AUDIO/VISUAL AND COMPUTER EQUIPMENT IN THE COURTROOM June 30, 2011 and trial beginning July 11, 2011. Signed by Judge Thomas W. Thrash, Jr on 6/22/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(ss) (Entered: 06/22/2011)
ORDER ALLOWING AUDIO/VISUAL AND COMPUTER EQUIPMENT IN THE COURTROOM on June 30, 2011 and for trial beginning July 11, 2011. Signed by Judge Thomas W. Thrash, Jr on 6/22/11. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-01415-TWT(ss) (Entered: 06/22/2011)
NOTICE Of Filing Designation of MDL Record (Honeycutt) by ConAgra Foods, Inc., William E Honeycutt (Attachments: # 1 Exhibit A)(Neale, James) (Entered: 06/15/2011)
NOTICE Of Filing Designation of MDL Record (Proveaux-Cox) by ConAgra Foods, Inc., Deidra P. Proveaux (Attachments: # 1 Exhibit A)(Neale, James) (Entered: 06/15/2011)
NOTICE Of Filing Designation of MDL Record (Small) by ConAgra Foods, Inc., John B Small, Patsy Small, Stephen Small, Terrell J Small, III (Attachments: # 1 Exhibit A)(Neale, James) (Entered: 06/15/2011)
MOTION for Partial Summary Judgment Because There is No Genuine Issue of Material Fact, and ConAgra is Entitled to Judgment as a Matter of Law on Plaintiff's Breach of Warranty Claim with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/14/2011)
MOTION for Summary Judgment with Brief In Support by Wal-Mart Stores, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Exhibit A)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/13/2011)
MOTION for Partial Summary Judgment on Claims for Punitive Damages and Attorney's Fees with Brief In Support by ConAgra Food Sales, Inc., Wal-Mart Stores, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/13/2011)
MOTION to Strike Plaintiff's Supplementary and Second Supplementary Interrogatory Responses with Brief In Support by ConAgra Food Sales, Inc., Wal-Mart Stores, Inc.. (Attachments: # 1 Memorandum in Support)(Neale, James) (Entered: 06/13/2011)
MOTION in Limine Evidence of Recall and Other Subsequent Remedial Measures with Brief In Support by ConAgra Food Sales, Inc., Wal-Mart Stores, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neale, James) (Entered: 06/10/2011)
MOTION to Exclude The Opinions of Plaintiff's Medical Expert, Dr. Jimmy Graham with Brief In Support by ConAgra Foods, Inc., Wal-Mart Stores, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Neale, James) (Entered: 06/10/2011)
ORDER granting (2347 in 1:07-md-01845-TWT), (51 in 1:07-cv-02561-TWT) Defendant's Motion for Summary Judgment against Plaintiffs Marjorie and Robert Greene. Signed by Judge Thomas W. Thrash, Jr on 6/7/2011. Associated Cases: 1:07-md-01845-TWT, 1:07-cv-02561-TWT(ank) (Entered: 06/09/2011)
MOTION for Summary Judgment Due to Insufficient Evidence of Product Defect and Proximate Cause, and a Corresponding Lack of Evidence Creating Any Triable Issues of Fact (plaintiffs Marjorie and Robert Greene in Stringer case) with Brief In Support by ConAgra Foods, Inc.. (Attachments: # 1 Memorandum in Support of Motion, # 2 Statement of Undisputed Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Neale, James) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 05/26/2011)
STIPULATION of Dismissal With Prejudice by Carl Benyard, and by Destiny Ariani Benyard, Devin Lester Berry, ConAgra Foods, Inc., Rhonda A. Jackson, Dynasty D. Merriweather, Khyrsten Merriweather. (Neale, James) (Entered: 05/25/2011)
STIPULATION of Dismissal Without Prejudice by Tyler Womack, and by Maria Badunos, ConAgra Foods, Inc., Robert Bryan Griffin, Shawn T. Hess, Patricia V. Iorio, Laurie Ann Murrah, Hiram E. Thomas, John E. Thomas. (Neale, James) (Entered: 05/25/2011)
STIPULATION of Dismissal Without Prejudice by A. J. D., a minor by his next friend Anthony J. DiSipio, Sr., and by ConAgra Foods, Inc.. (Neale, James) (Entered: 05/25/2011)
STIPULATION of Dismissal With Prejudice by Lisa Dodrer, Syrena Todd, Robert Bradford, Lena Lewis, Fain Chapman, John Early, and by ConAgra Foods, Inc.. (Neale, James) (Entered: 05/25/2011)
ORDER. The following cases: 1:07-cv-02077; 1:07-cv-02096; 1:07-cv-02160; 1:08-cv-01615; 1:08-cv-03184; 1:08-cv-03472; 1:09-cv-00515; 1:09-cv-02246 have been remanded by the Judicial Panel on Multidistrict Litigation and filed on 5/23/11. Counsel in these cases have until 6/15/11 to advise this court their stipulation or designation of the record. Signed by Judge Thomas W. Thrash, Jr on 5/24/11. Associated Cases: 1:07-md-01845-TWT et al.(bse) (Entered: 05/24/2011)
NOTICE by ConAgra Foods, Inc. (Opposition of Defendant ConAgra Foods, Inc.to Plaintiff's Motion to Quash Deposition of Frederic L. Hochman, MD) (Attachments: # 1 Exhibits 1 through 5, # 2 Text of Proposed Order)(Neale, James) (Entered: 05/24/2011)
CONSENT ORDER withdrawing Attorney John F. Stroud, III as attorney for Plaintiff Shela McMurray; Plaintiff to obtain new counsel by 7/13/11. Parties have 30 days after new counsel's appearance to respond to defendant's pending request for admission. Signed by Judge Thomas W. Thrash, Jr on 5/18/11. Associated Cases: 1:07-md-01845-TWT, 1:09-cv-00188-TWT(dr) (Entered: 05/18/2011)
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