Case Details

CourtCentral District of California
Docket number2:11-cv-06402
Date case filed2011-08-04
Date case closed2011-10-06
Date of latest filing
Assigned toJudge Margaret M. Morrow
Case cause28:1332 Diversity-Other Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Kelly McFadden
Party type: Plaintiff
on behalf of herself and all others similarly situated
Attorney name: Michael R Reese
Attorney Contact:
Reese Richman LLP
875 Avenue of the Americas 18th Floor
New York, NY 10001
212-643-0500
Fax: 212-253-4272
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kim E Richman
Attorney Contact:
Reese Richman LLP
875 Avenue of the Americas 18th Floor
New York, NY 10001
212-643-0510
Fax: 212-253-4272
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Conagra Foods, Inc.
Party type: Defendant
Attorney name: Frank Thomas Spano
Attorney Contact:
Hogan Lovells US LLP
875 Third Ave
New York, NY 10022
212-918-3522
Fax: 212-918-3100
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Robert B Hawk
Attorney Contact:
Hogan Lovells US LLP
525 University Avenue, 4th Floor
Palo Alto, CA 94301
650-463-4000
Fax: 650-463-4199
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Benjamin T Diggs
Attorney Contact:
Hogan Lovells US LLP
4 Embarcadero Center 22nd Floor
San Francisco, CA 94111
415-374-2300
Fax: 415-374-2499
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Douglas M Schwab
Attorney Contact:
Hogan Lovells US LLP
4 Embarcadero Center 22nd Floor
San Francisco, CA 94111
415-374-2301
Fax: 415-374-2499
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-07-01 COMPLAINT against Conagra Foods, Inc. Disclosure Statement on Civil Cover Sheet completed -no,, filed by Kelly McFadden. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/06/2011)
22011-07-12 SUMMONS Returned Executed by Kelly McFadden. Conagra Foods, Inc. served on 7/8/2011, answer due 7/29/2011. (Richman, Kim) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/12/2011)
32011-07-15 SCHEDULING ORDER: An in-person initial conference will be held at 10:00 a.m. on October 17, 2011 in Courtroom 13-D South. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 7/15/2011. (Attachments: # 1 Chambers Individual Rules) (Vasquez, Lea) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/15/2011)
42011-07-21 Memorandum from Senior Judge Jack B. Weinstein to Magistrate Judge Gold directing to treat under Local Rule 72.2 and requesting expedition. (Lee, Tiffeny) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/21/2011)
52011-07-26 NOTICE of Appearance by Frank Thomas Spano on behalf of Conagra Foods, Inc. (aty to be noticed) (Spano, Frank) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/26/2011)
62011-07-26 Corporate Disclosure Statement by Conagra Foods, Inc. (Spano, Frank) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/26/2011)
72011-07-26 STIPULATION Extending Time to Respond to the Complaint by Conagra Foods, Inc. (Spano, Frank) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/26/2011)
82011-07-26 STIPULATION and Proposed Order Transferring Action to the Central District of California by Conagra Foods, Inc., Kelly McFadden (Spano, Frank) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/26/2011)
92011-07-27 ORDER: Petitioner's request for class certification will be heard on 9/13/2011 at 10:30 AM in Courtroom 10B South before Senior Judge Jack B. Weinstein. Ordered by Senior Judge Jack B. Weinstein on 7/22/2011. (Lee, Tiffeny) [Transferred from New York Eastern on 8/4/2011.] (Entered: 07/27/2011)
102011-08-04 STIPULATION AND ORDER TRANSFERRING ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA pursuant to 28 U.S.C. ยง 1404 to join the Briseno Action pending before the Hon. Margaret M. Morrow. Original file, certified copy of transfer order, and docket sheet sent. Ordered by Senior Judge Jack B. Weinstein, on 7/29/2011. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Barrett, C) [Transferred from New York Eastern on 8/4/2011.] (Entered: 08/04/2011)
112011-08-04 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Eastern (Entered: 08/04/2011)
122011-08-04 NOTICE OF RECEIPT OF CASE TRANSFERRED-IN: Formely Case Number 1:11-cv-31896 JBW SMG from USDC Eastern District of New York. The above-referenced case hass been transferred to this district and assigned the above civil case number 2:11-6402 DMG (PLAx). (et) (Entered: 08/04/2011)
132011-08-04 NOTICE TO PARTIES OF ADR PROGRAM filed. (et) (Entered: 08/04/2011)
142011-08-04 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Kim Richman for Plaintiff Kelly McFadden. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 08/04/2011)
152011-08-04 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Michael Robert Reese for Plaintiff Kelly McFadden. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 08/04/2011)
162011-08-04 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Frank Thomas Spano for Defendant Conagra Foods, Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 08/04/2011)
172011-08-10 NOTICE of Appearance filed by attorney Robert B Hawk on behalf of Defendant Conagra Foods, Inc. (Hawk, Robert) (Entered: 08/10/2011)
182011-08-10 CERTIFICATE of Interested Parties filed by Defendant Conagra Foods, Inc., (Hawk, Robert) (Entered: 08/10/2011)
192011-08-11 STIPULATION for Extension of Time to File Answer re Complaint - (Discovery) 1 filed by Defendant Conagra Foods, Inc.. (Attachments: # 1 Proposed Order)(Hawk, Robert) (Entered: 08/11/2011)
202011-08-11 ORDER GRANTING STIPULATED MOTION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT (L.R. 8-3) by Judge Dolly M. Gee, re Stipulation to Extend Time to Answer (More than 30 days) 19 . Pursuant to the parties stipulation and good cause appearing, defendant ConAgra Foods, Inc. need not respond to the Complaint in this action until 30 days after the earlier of the following two events occurs: (1) Plaintiff files a Consolidated Amended Complaint in this action; or (2) the Court rules on Defendants motion to dismiss in Toomer v. ConAgra Foods, Inc., Case No. 11-cv- 06217-DMG-AGR. (rp) (Entered: 08/15/2011)
212011-08-25 NOTICE of Related Case(s) filed by Defendant Conagra Foods, Inc.. Related Case(s): 11-cv-5379, 11-cv-6127, 11-cv-6480 (Hawk, Robert) (Entered: 08/25/2011)
222011-08-25 EX PARTE APPLICATION for Order for SCHEDULING RESPONSES TO COMPLAINTS IN RELATED ACTIONS filed by Defendant Conagra Foods, Inc.. (Attachments: # 1 Proposed Order)(Hawk, Robert) (Entered: 08/25/2011)
232011-08-25 ORDER GRANTING DEFENDANT CONAGRA FOODS INC.'S EX PARTE APPLICATION FOR AN ORDER SCHEDULING RESPONSES TO COMPLAINTS IN RELATED ACTIONS by Judge Dolly M. Gee: Defendant ConAgra Foods, Inc.'s Ex Parte Application for an Order Scheduling Responses to Complaints in Related Actions 22 , the Court modifies its 8/11/2011 Order Granting Stipulated Motion to Extend Time to Respond to Initial Complaint, and HEREBY ORDERS: ConAgra's response to the complaint in this action will be due within thirty days of the entry of an Order on ConAgra's pending motion to dismiss in Briseno v. ConAgra Foods, Inc., 11-cv-5379 MMM. (gk) (Entered: 08/25/2011)
242011-09-21 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 11-05379 MMM(AGRx). Case transferred from Magistrate Judge Paul L. Abrams and Judge Dolly M. Gee to Judge Margaret M. Morrow and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 11-06402 MMM(AGRx).Signed by Judge Margaret M. Morrow (rn) (Entered: 09/21/2011)
252011-09-30 Joint STIPULATION for Extension of Time to File Motion for Class Certification filed by Plaintiff Kelly McFadden. (Attachments: # 1 Proposed Order)(Reese, Michael) (Entered: 09/30/2011)
262011-10-05 MINUTES OF Telephone Conference held before Judge Margaret M. Morrow:Court Reporter: Mark Schweitzer. (bp) (Entered: 10/06/2011)
272011-10-06 MINUTES (IN CHAMBERS): Order Taking Off Calendar and Denying as Moot Motion of Plaintiffs Briseno and Toomer to Consolidate Related Actions and Designate Interim Class Counsel 8 . The court orders these matter consolidated under the caption: In re Conagra Food, Inc., Case No.CV11-5379-MMM(AGRx). Because the cases have now been consolidated, the parties are directed to file a stipulation and proposed order designating interim class counsel. (Made JS-6. Case Terminated.) (bp) (Entered: 10/06/2011)