Picus v. Wal-Mart Stores, Inc. et al
| Plaintiff: | Maragaret Picus |
|---|---|
| Defendant: | Wal-Mart Stores, Inc., Menu Foods, Inc., Del Monte Foods Company, Sunshine Mills, Inc. and Chemnutra, Inc. |
| Case Number: | 2:2007cv00682 |
| Filed: | May 25, 2007 |
| Court: | Nevada District Court |
| Office: | Las Vegas Office [ Court Info ] |
| County: | Clark |
| Presiding Judge: | Judge Philip M. Pro |
| Referring Judge: | Magistrate Judge Lawrence R. Leavitt |
| Nature of Suit: | Torts - Property - Other Fraud |
| Cause: | 28:1332 Diversity-Fraud |
| Jurisdiction: | Diversity |
| Jury Demanded By: | None |
| Amount Demanded: | $5,000,001,000.00 |
Date Filed |
# |
Docket Text |
| May 25, 2007 | 1 | PETITION FOR REMOVAL by Wal-Mart Stores, Inc. from Eighth Judicial Court, Case Number A540315, (Filing fee $ 350 receipt number 574686), filed by Wal-Mart Stores, Inc..(Boschee, Brian) (Entered: May 25, 2007) |
| May 25, 2007 | 2 | CERTIFICATE of Interested Parties Pursuant to LR 7.1-1 by Defendant Wal-Mart Stores, Inc.. (Boschee, Brian) (Entered: May 25, 2007) |
| May 25, 2007 | Case assigned to Judge Philip M. Pro and Lawrence R. Leavitt. (MJZ) (Entered: May 25, 2007) | |
| May 25, 2007 | 3 |
MINUTE ORDER IN CHAMBERS of the Honorable Philip M. Pro, U.S. District Judge, on 5/25/2007. By Deputy Clerk: Michael Zadina. IT IS ORDERED that all parties removing actions to this court
must, WITHIN 15 DAYS, file and serve a signed Statement including: date complaint served; date summons served; on diversity jurisdiction cases, names of served defendants who are citizens of Nevada, the citizenship of the other parties and a summary of defendants evidence of the amount in controversy; if filed more than 30 days after service, the reason removal has taken place at this time and the date you first received a paper identifying the basis for removal; if action in state court was commenced more than one year before the date of removal, the reasons this action should not summarily be remanded to the state court; name of any defendant known to have been served before removal filed who did not join in removal and reasons they did not; all defendants who joined in removal may file statement jointly. IT IS FURTHER ORDERED that counsel shall, WITHIN 30 DAYS, file a Joint Status Report including: list of pending motions and/or other matters which require the attention of this court and copies of same; statement by counsel of action required to be taken by this court. Removing defendant shall serve a copy of this Order on all other parties to the action no later than the time they file and serve a copy of the Statement required by this Order. A party who learns that the Statement(s) filed pursuant to this Order contain(s) incorrect information shall promptly notify this court in writing. Statement due by 6/9/2007. Status Report due by 6/24/2007.(no image attached) (MJZ) (Entered: May 25, 2007) |
| May 25, 2007 | 4 | NOTE: In accordance with 28:636(c), counsel in the instant action are provided with a copy of the "AO 85 Notice, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form. Upon consent by all parties, counsel are advised to manually file this form with the Clerk's Office. (MJZ) (Entered: May 25, 2007) |
| May 25, 2007 | NOTICE of Docket Correction to 1 Petition for Removal: ERROR: Petition for Removal incomplete; CORRECTION: Attorney Brian Boschee advised to file state court related documentation and link to 1 Petition for Removal. (no image attached)(MJZ) (Entered: May 25, 2007) | |
| May 25, 2007 | 5 | NOTICE of Corrected Image/Document re 1 Petition for Removal by Defendant Wal-Mart Stores, Inc.. (Service of corrected image is attached). (Boschee, Brian) (Entered: May 25, 2007) |
| May 25, 2007 | 6 | SUPPLEMENT to 5 Notice of Corrected Image/Document; Supplement to Amended Notice or Removal by Defendant Wal-Mart Stores, Inc.. (Boschee, Brian) (Entered: May 25, 2007) |
| June 7, 2007 | 7 | STATEMENT of Case by Defendant Wal-Mart Stores, Inc.. (Boschee, Brian) (Entered: June 7, 2007) |
| June 20, 2007 | 8 | STIPULATION and Order to Consolidate Cases by Defendant Wal-Mart Stores, Inc.. (Boschee, Brian) (Entered: June 20, 2007) |
| June 21, 2007 | 9 | MOTION to Dismiss Complaint for Failure to State A Claim Upon Which Relief Can Be Granted by Defendant Del Monte Foods Company. Responses due by 7/9/2007. (Grossman, Dawn) (Entered: 06/21/2007) |
| June 21, 2007 | 10 | MEMORANDUM to 9 MOTION to Dismiss Class Action Complaint for Failure To State a Claim by Defendant Del Monte Foods Company. Responses due by 7/9/2007. (Grossman, Dawn) Modified to add relationship and change text on 6/29/2007. (MAJ) (Entered: June 21, 2007) |
| June 21, 2007 | 11 | AFFIDAVIT of Dawn J. Grossman re 9 MOTION to Dismiss Class Action Complaint for Failure To State a Claim by Defendant Del Monte Foods Company. (Grossman, Dawn) Modified relationship on 6/29/2007. (MAJ) (Entered: June 21, 2007) |
| June 21, 2007 | 12 | CERTIFICATE OF SERVICE re 9 MOTION to Dismiss Class Action Complaint for Failure To State a Claim filed by Defendant Del Monte Foods Company. (Grossman, Dawn) Modified relationship/text on 6/29/2007 . (MAJ) (Entered: June 21, 2007) |
| June 21, 2007 | 13 | Submission of PROPOSED ORDER on 9 MOTION to Dismiss Class Action Complaint for Failure To State a Claim filed by Defendant Del Monte Foods Company. (Grossman, Dawn) Modified text/docket relationship on 6/29/2007. (MAJ) (Entered: June 21, 2007) |
| June 21, 2007 | 14 | CERTIFICATE OF SERVICE for Del Monte Foods Company's 9 Motion to Dismiss for Failure to State A Claim Upon Which Relief Can Be Granted re 12 Certificate of Service, 11 Affidavit, 13 Proposed Order Submission, 10 Memorandum of Points and Authorities In Support. (Grossman, Dawn) Modified text on 6/29/2007. (MAJ) (Entered: June 21, 2007) |
| June 21, 2007 | 15 | ORDER to Consolidate granting 8 Stipulation to Consolidate. It is Ordered that 2:07-CV-00686-RLH-RJJ and 2:07-CV-00689-RLH-RJJ are consolidated under 2:07-CV-00682-PMP-LRL. Signed by Judge Philip M. Pro on 6/21/07. (Copies have been distributed pursuant to the NEF - AAB) (Entered: June 25, 2007) |
| June 25, 2007 | 16 | NOTICE of Appearance by attorney Kurt R. Bonds on behalf of Defendant Sunshine Mills, Inc.. (Bonds, Kurt) (Entered: June 25, 2007) |
| June 28, 2007 | 17 | STATUS REPORT Joint by Defendant Wal-Mart Stores, Inc.. (Boschee, Brian) (Entered: June 28, 2007) |
| July 5, 2007 | 18 | MOTION to Dismiss by Defendant Menu Foods, Inc.. Responses due by 7/23/2007. (Attachments: # 1 Proposed Order)(Westbrook, Alan) (Entered: July 5, 2007) |
| July 5, 2007 | 19 | JOINDER to 9 MOTION to Dismiss Complaint for Failure to State A Claim Upon Which Relief Can Be Granted; filed by Defendant Sunshine Mills, Inc. (Bonds, Kurt) (Entered: July 5, 2007) |
| July 5, 2007 | 20 | RESPONSE to 9 MOTION to Dismiss Complaint for Failure to State A Claim Upon Which Relief Can Be Granted; filed by Plaintiff Maragaret Picus. PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT DEL MONTE CORPORATION'S MOTION TO DISMISS COMPLAINT Replies due by 7/19/2007. (Osuch, Lawrence) (Entered: July 5, 2007) |
| July 13, 2007 | 21 | JOINDER to 18 MOTION to Dismiss; (Menu Foods, Inc.) filed by Defendant Chemnutra, Inc.. (Wieczorek, Nicholas) (Entered: July 13, 2007) |
| July 13, 2007 | 22 | RESPONSE to 18 MOTION to Dismiss; filed by Plaintiff Maragaret Picus. Replies due by 7/27/2007. (Attachments: # 1 Objection to Exhibit "A"# 2 Certificate of Service)(Osuch, Lawrence) (Entered: July 13, 2007) |
| July 26, 2007 | 23 | RESPONSE to filed by Defendant Menu Foods, Inc.. Plaintiff's Objection to Exhibit A Replies due by 8/9/2007. (Westbrook, Alan) (Entered: July 26, 2007) |
| July 26, 2007 | 24 | REPLY to Response to 18 MOTION to Dismiss ; filed by Defendant Menu Foods, Inc.. (Westbrook, Alan) (Entered: July 26, 2007) |
| July 27, 2007 | 25 | JOINDER to 24 Reply to Response to Motion ; of Defendant Menu Foods, Inc. to Dismiss the Complaint filed by Defendant Chemnutra, Inc.. (Wieczorek, Nicholas) (Entered: July 27, 2007) |
| July 31, 2007 | 37 | MOTION to Vacate Conditional Transfer Order, filed by Defendant Sunshine Mills, Inc.. (Attachments: # 1 Brief in Support of Motion) (SRK) (Entered: August 18, 2007) |
| August 1, 2007 | 26 | VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel submitted by attorney Norman Blumenthal, (Filing fee $ 175) by Plaintiff Maragaret Picus. (AXM) (Entered: August 2, 2007) |
| August 2, 2007 | 28 | MDL-1850-COPY JOINT MOTION to Vacate Conditional Transfer Order by Defendant Menu Foods, Inc.. (filed by Amy W. Schulman) *No Action Required by USDC - This Motion will be handled by MDL* (BLG) (Entered: August 7, 2007) |
| August 2, 2007 | 29 | MDL-1850 COPY BRIEF in support of Motion 28 filed by Defendant Menu Foods, Inc. re 28 Joint Motion to Vacate Conditional Transfer Order. (Filed by Amy W. Schulman) *No Action Required this will be handled by MDL (BLG) (Entered: August 7, 2007) |
| August 3, 2007 | 27 | ORDER Granting 26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Norman Blumenthal for Maragaret Picus and approving Designation of Local Counsel. Signed by Judge Philip M. Pro on 08/03/07. (Copies have been distributed pursuant to the NEF - SRK) (Entered: August 6, 2007) |
| August 8, 2007 | 30 | REPLY to Response to 18 MOTION to Dismiss ; filed by Plaintiff Maragaret Picus. Reply to Response to Objection to Exhibit "A" (Attachments: # 1 Certificate of Service)(Osuch, Lawrence) (Entered: August 8, 2007) |
| August 10, 2007 | 31 | VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel Alan Westbrook submitted by attorney Lucinda J. Bach, (Filing fee $ 175 receipt number 641144) by Defendant Menu Foods, Inc.. (Westbrook, Alan) (Entered: August 10, 2007) |
| August 10, 2007 | 32 | VERIFIED PETITION for Permission to Practice Pro Hac Vice and DESIGNATION of Local Counsel Alan W. Westbrook submitted by attorney Julie L. Schwartz, (Filing fee $ 175 receipt number 641165) by Defendant Menu Foods, Inc.. (Westbrook, Alan) (Entered: August 10, 2007) |
| August 14, 2007 | 33 | ORDER Granting 31 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lucinda J. Bach for Menu Foods, Inc. and approving Designation of Local Counsel. Signed by Judge Philip M. Pro on 08/14/07. (Copies have been distributed pursuant to the NEF - SRK) (Entered: August 14, 2007) |
| August 14, 2007 | 34 | ORDER Granting 32 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Julie L. Schwartz for Menu Foods, Inc. and approving Designation of Local Counsel. Signed by Judge Philip M. Pro on 08/14/07. (Copies have been distributed pursuant to the NEF - SRK) (Entered: August 14, 2007) |
| August 17, 2007 | 35 | NOTE: PURSUANT TO SPECIAL ORDER 109: that Julie L. Schwartz and Lucinda J. Bach are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website to register for CM/ECF. (no image attached) (RFJ) (Entered: August 17, 2007) |
| August 17, 2007 | 36 | NOTE: (2ND Notice) PURSUANT TO SPECIAL ORDER 109: that Norman Blumenthal is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Continued failure to abide by Special Order 109 will be brought to the courts attention for appropriate action. Please visit the Courts website to register for CM/ECF. (no image attached) (RFJ) (Entered: August 17, 2007) |
| August 28, 2007 | 38 | Emergency MOTION to Stay Proceedings by Defendant Del Monte Foods Company. (Salerno, Nicholas) (Entered: August 28, 2007) |
| August 31, 2007 | 39 | MINUTE ORDER IN CHAMBERS of the Honorable Lawrence R. Leavitt, U.S. Magistrate Judge, on 8/31/2007. IT IS ORDERED that plaintiff shall serve and file a response to defendant DEL MONTE FOODS COMPANY's Emergency Motion and Memorandum of Points and Authorities in Support of Motion to Stay Proceedings (#38) not later than September 7, 2007. The defendant shall serve and file a reply to said motion not later than September 13, 2007. (no image attached) (Copies have been distributed pursuant to the NEF - CAP) (Entered: September 4, 2007) |
| September 5, 2007 | 40 | RESPONSE to 38 Emergency MOTION to Stay Proceedings ; filed by Plaintiff Maragaret Picus. and certificate of service (Blumenthal, Norman) (Entered: September 5, 2007) |
| September 17, 2007 | 41 | REPLY to Response to 38 Emergency MOTION to Stay Proceedings ; filed by Defendant Del Monte Foods Company. (Salerno, Nicholas) (Entered: September 17, 2007) |
| September 19, 2007 | 42 | ORDER Granting 38 Motion to Stay pending a transfer decision by the JPML. Signed by Judge Lawrence R. Leavitt on 9/19/07. (Copies have been distributed pursuant to the NEF - AXM) (Entered: September 19, 2007) |
| September 24, 2007 | 43 | NOTICE by Plaintiff Maragaret Picus re 18 MOTION to Dismiss, 9 MOTION to Dismiss Complaint for Failure to State A Claim Upon Which Relief Can Be Granted. Notice of New and Supplemental Authority Submitted in Opposition to motions to dismiss (Blumenthal, Norman) (Entered: September 24, 2007) |
| September 28, 2007 | 44 | OBJECTION TO PLAINTIFF'S NOTICE OF RECENT AND SUPPLEMENTAL AUTHORITY filed by Defendant Del Monte Foods Company. (Salerno, Nicholas) (Entered: September 28, 2007) |
| October 11, 2007 | 45 | NOTICE by Plaintiff Maragaret Picus of Change of Firm Name (Gerard, Robert) (Entered: October 11, 2007) |
| October 12, 2007 | 46 | NOTICE of Change of Address by Nicholas M Wieczorek. (Wieczorek, Nicholas) (Entered: October 12, 2007) |
Docket Report Last Checked: November 29, 2007 15:57:26 PST
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| Plaintiff: Maragaret Picus | |
|---|---|
| Represented By: Robert B. Gerard, Lawrence T. Osuch, Norman B Blumenthal | |
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| Defendant: Wal-Mart Stores, Inc. | |
|---|---|
| Represented By: James E Whitmire, III, Brian W Boschee | |
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| Defendant: Menu Foods, Inc. | |
|---|---|
| Represented By: Lucinda J. Bach, Julie L. Schwartz, Alan W Westbrook | |
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| Defendant: Del Monte Foods Company | |
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| Represented By: Dawn J. Grossman, Nicholas B. Salerno | |
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| Defendant: Sunshine Mills, Inc. | |
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| Represented By: Kurt R. Bonds | |
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| Defendant: Chemnutra, Inc. | |
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| Represented By: Nicholas M Wieczorek | |
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