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08-3017 - Four in One Company, Inc. v. SK Foods, L.P. et al


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08-3017 - Four in One Company, Inc. v. SK Foods, L.P. et al
January 15, 2009
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 01/14/09 ORDERING that case number 2:08-cv-3074-MCE-KJM and case number 2:09-cv-0027-FCD-GGH are reassigned to Judge Morrison C. England, Jr. and Edmund F. Brennan for all further proceedings; any dates currently set in these reassigned cases only are hereby VACATED; the caption on documents filed in the reassigned cases shall be shown as 02:08-cv-03074-MCE-EFB and 02:09-cv-00027-MCE-EFB; the Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Manzer, C)
January 27, 2009
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 1/26/09 ORDERING that case 2:08-cv-3017, 2:08-cv-3074, 2:09-cv-0027 MCE EFB is related with member case 2:09-cv-0148 FCD KJM. (Duong, D) Modified on 1/27/2009 (Duong, D).
January 28, 2009
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ORDER signed by Judge Morrison C. England, Jr on 01/27/09 GRANTING 15 Stipulation Regarding Response To Complaint Pending Consolidation of Related Cases. IT IS ORDERED that the deadline for Defendant to respond to the Complaint shall be extended unnded Complaint.(Streeter, J)til the earlier of the following 2 dates: 1) 30 days after filing of a Consolidated Amended Complaint in the Tomato Antitrust Cases; or 2) 30 days after Plaintiff provides written notice to Defendant that it does not intend to file a Consolicated Ame
January 28, 2009
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ORDER signed by Judge Morrison C. England, Jr on 01/27/09 GRANTING 18 Stipulation Regarding Response to Complaint Pending Consolidation of Related Cases. IT IS ORDERED that the deadline for Defendant to respond to the Complaint shall be extended until the earlier of the following 2 dates: 1) 30 days after the filing of a Consolidated Amended Complaint in the Tomato Antitrust Cases; or 2) 30 days after Plaintiff provides written notice to Defendant that it does not intend to file a Consolidated Amended Complaint. (Streeter, J)
February 18, 2009
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ORDER signed by Senior Judge Lawrence K. Karlton on 2/17/2009 DECLINING to 25 relate cases 08-cr-0566 LKK, 08-cv-01899 GEB GGH, 09-cv-00027 MCE EFB, 09-cv-00148 MCE EFB, and 09-cv-0208 FCD GGH pursuant to Local Rule 83-123(a). (Marciel, M)
February 19, 2009
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 2/17/09 ORDERING this case and case no. 2:09-cv-00208-MCE-EFB are RELATED. (Engbretson, K.)
February 24, 2009
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NON-RELATED CASE ORDER signed by Senior Judge Lawrence K. Karlton on 2/23/09 ORDERING that after review of the cases, Case No. 08-cv-03017 MCE-EFB, Case No. 08-cv-03074 MCE-EFB, Case No. 09-cv-000027 MCE-EFB, Case No. 09-cv-00148 MCE-EFB, Case No. 09-cv-00208 FCD-GGH, Case No. 09-cv-00240 GEB-JFM and Case No. CR 08-566 LKK, the court concludes that they do not meet the definition of "related cases" as given by Local Rule 83-123(a) and therefore DECLINES to relate them. (Duong, D)
February 26, 2009
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ORDER signed by Judge Morrison C. England, Jr on 2/25/2009 ORDERING 49 Ex Parte Application For Order Shortening Time is granted; 52 Motion For Appointment Of Liaison And Co-Lead Interim Counsel set for 3/5/2009 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Any party who wishes to oppose Diversified Foods Motion for Appointment of Interim Counsel and Liaison Counsel may electronically file and serve their opposition papers no later than 2/26/2009. (Matson, R)
February 27, 2009
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 2/27/09 ORDERING that the actions denominated Cliffstar Corporation v. SK Foods, L.P., et al. is reassigned to Judge Morrison C. England, Jr. and Edmund F. Brennan for all further proceedings, and any dates currently set in this reassigned case only are hereby VACATED. The Clerk of the Court is to issue an Order Requiring Joint Status Report in the reassigned case. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:09-cv-00442-MCE-EFB. (Becknal, R)
March 3, 2009
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PRO HAC VICE ORDER signed by Judge Morrison C. England, Jr on 3/3/09 ORDERING Attorney Dana Statsky Smith, added PHV for Four in One Company, Inc. (Becknal, R)
March 3, 2009
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PRO HAC VICE ORDER signed by Judge Morrison C. England, Jr on 3/3/09 ORDERING Attorney Stanley D. Bernstein, added PHV for Four in One Company, Inc., (Becknal, R)
March 3, 2009
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PRO HAC VICE ORDER signed by Judge Morrison C. England, Jr on 3/3/09 ORDERING Attorney Tania T. Taveras, added PHV for Four in One Company, Inc.(Becknal, R)
March 3, 2009
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PRO HAC VICE ORDER signed by Judge Morrison C. England, Jr on 3/3/09 ORDERING Attorney Ronald J. Aranoff, added PHV for Four in One Company, Inc.(Becknal, R)
March 19, 2009
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ORDER signed by Judge Morrison C. England, Jr on 3/18/09 ORDERING that Plaintiff Diversified Foods and Seasonings, Inc.s Motion for Leave to File a Surreply In Support of Motion for Appointment of Liaison and Co-Lead Interim Counsel 76 is GRANTED. Within one day of this Order, Diversified Foods shall electronically file and serve the surreply brief and supporting papers attached to the Motion for Leave. (Mena-Sanchez, L)
March 20, 2009
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ORDER signed by Judge Morrison C. England, Jr. on 3/19/09 ORDERING that 52 Motion For Appointment Of Liaison And Co-Lead Interim Counsel is GRANTED in part and DENIED in part. Quinn Emanuel and Hausfeld LLP are hereby appointed as co-lead interim counsel in this consolidated litigation, and Damrell Nelson is appointed liaison counsel. Pltf Diversified Foods' concurrent Motion for Appointment of Counsel is DENIED. (Engbretson, K.)
May 8, 2009
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 5/7/09 ORDERING that pursuant to the stipulation between the parties filed 4/28/09, it is ordered that the Government's Motion to Intervene 93 is GRANTED. The United States of America, through the Antitrust Division of the U.S. Department of Justice and the U.S. Attorney's Office for the Eastern Districtof California, is permitted to intervene in this civil action for the purpose of seeking to limit discovery temporarily in this case. The parties and the Clerk of the Court are instructed to add the Antitrust Division of the U.S. Department of Justice and the U.S. Attorneys Office for the Eastern District of California to the service list in this case. (Becknal, R)
May 8, 2009
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ORDER signed by Judge Morrison C. England, Jr. on 5/8/09 ORDERING counsel in the related cases are directed to submit a Joint Status Report not later than 120 days after the Court's 88 Order, or 60 days after a consolidated amended complaint is filed, should counsel choose to file such a consolidated amended complaint within the 120 day period following the date of the Court's original 3/11/09, Order. (Engbretson, K.)
July 15, 2009
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/14/09 ORDERING that the plaintiffs may file a consolidated amended complaint in this matter until 9/8/09; counsel are directed to submit a joint status report not later than 60 days after a consolidated amended complaint is filed or if no consolidated amended complaint is filed, within the 180 day period folowing the date of the Court's original 3/11/09 order. (Gaydosh, J)
September 4, 2009
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ORDER signed by Judge Morrison C. England, Jr on 09/04/09 GRANTING 108 Request. Interim Class Counsel are directed to file a consolidated amended complaint no later than 11/9/09. Counsel for all parties in the case are directed to submit a Joint Status Report not later than 60 days following the filing of the consolidated amended complaint. (Streeter, J)
December 9, 2009
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STIPULATION and ORDER REGARDING ACCEPTANCE OF SERVICE OF PROCESS AND EXTENSION OF TIME TO RESPOND TO PLF'S CONSOLIDATED CLASS ACTION COMPLAINT signed by Judge Morrison C. England, Jr. on 12/08/09 ORDERING that Ingomar, Los Gatos, and the Individual dfts shall answer, move or otherwise plead in response to the Consolidated Class Action Complaint by 01/04/10. (Benson, A.)
January 7, 2010
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 1/6/2010 GRANTING 128 Stipulation and Proposed Order; The parties shall have until 2/8/2010 to file the Joint Status Report. (Matson, R)
January 7, 2010
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 1/6/2010 ORDERING Defendant Stuart Woolf shall, as permitted by Federal Rule 12, shall answer, move or otherwise plead in response to the Consolidated Class Action Complaint in the above captioned action no later than January 11, 2010.(Matson, R)
January 12, 2010
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 1/11/2010 ORDERING that the parties shall have until 2/8/2010 to file the joint status report. (Engbretson, K.)
April 8, 2010
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STIPULATED PROTECTIVE ORDER signed by Judge Morrison C. England, Jr on 4/7/2010. (Matson, R)
May 4, 2010
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ORDER GRANTING ADDITIONAL TIME TO FILE JOINT STATUS REPORT signed by Judge Morrison C. England, Jr. on 5/4/2010. Counsel shall submit joint status report by 5/28/2010. (Engbretson, K.)
June 2, 2010
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STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 05/28/10 ORDERING that the parties have until 06/15/10 to file the Joint Status Report. (Benson, A.)
June 16, 2010
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STIPULATION and ORDER signed by Judge John A. Mendez on 6/16/10: The parties shall have until July 16, 2010 to file the Joint Status Report. (Kaminski, H)
June 23, 2010
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STIPULATION and ORDER 154 extending time signed by Judge Morrison C. England, Jr. on 6/22/2010. Parties shall have until 7/16/2010 to file their Joint Status Report. (Marciel, M)
November 12, 2010
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/10/2010 ORDERING that The government's 159 motion for a limited discovery stay is GRANTED. As provided herein, certain discovery shall be stayed in these consolidated cases for six months from the date this order is filed. (Duong, D)
January 11, 2011
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RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 1/10/2011 ORDERING that both actions 2:08cv3017 MCE EFB, and 2:09cv1945 MCE EFB are related within the meaning of Local Rule 123(a), E.D. Cal. (1997). Both actions require the same factual determination of liability upon similar, if not identical, underlying facts. Because the cases are already assigned to the same district judge, this Order is issued for informational purposes only and shall have no effect on the status of the cases. (Reader, L)
June 27, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 06/24/2011 GRANTING 173 Motion for Extended Stay of Discovery. (Michel, G)
June 21, 2013
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ORDER signed by Judge Kimberly J. Mueller on 6/20/13. In light of the pending restitution hearing in United States v. Salyer, Cr. No. S-10-61 LKK, the court APPROVES the deferral of discovery at this time. After final approval of disposition as to the settling defendants, the court will schedule a further status conference to consider the status of defendant Salyer. (Meuleman, A)
September 20, 2013
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STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 9/19/2013 ORDERING the case STAYED as to defendants Ingomar Packing Company, Los Gatos Tomato Products, Gregory Pruett and Stuart Woolf. (Donati, J)
January 2, 2014
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ORDER signed by Judge Kimberly J. Mueller on 1/2/2014 GRANTING 206 Motion to Certify Class; APPOINTING Hausfeld, LLP and Quinn Emanuel Urquhart & Sullivan, LLP as class counsel; GRANTING preliminary certification of the listed class and collective action; GRANTING preliminary approval of the settlement, GRANTING approval of the proposed notice; ADOPTING the proposed hearing schedule; SETTING a Hearing on Final Approval of Settlement, Plan of Allocation, Award of Plaintiffs' Attorneys' Fees and Reimbursement of Expenses, and such other matters that the court deems appropriate for 6/6/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Michel, G)
August 14, 2014
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amount of $267,926.23. No later than fourteen days after the date of this order the claims administrator shall disburse attorneys' fees and costs. (Marciel, M) Modified on 8/19/2014 (Schultz, C).(DISREGARD; REFER TO THE AMENDED ORDER AT ECF NO. 239) ORDER signed by Judge Kimberly J. Mueller on 8/13/2014 GRANTING plaintiffs' 233 Motion for Final Approval of Class Settlement as follows: Solely for the purpose of the two settlements and based on Federal Rule of Civil Procedure 23, the court hereby certifies the following class: All persons and entities that purchased tomato paste, tomato sauce, diced tomatoes or any other processed tomato product ("Processed Tomato Products") directly from Ingomar Packing Company, Los Gatos Tomato Products, or SK Foods, L.P. (collectively"Defendants") where the purchase was made pursuant to a contract made between 2/1/2005 and 12/31/2008. Excluded from the class are any judicial officer who is assigned to hear any aspect of the Four In One Company action or any relatedaction, governmental entities, defendants, co-conspirators, purchasers who have an Individual Settlement Agreement (as defined in the Settlement Agreement) with Defendant(s), the present and former parents, predecessors, subsidiaries and affiliates of any of the foregoing, and the Plaintiffs in Case No. 09-cv-00208 pending in the United States District Court for the Eastern District of California. No later than 60 days after date of this Order, the claims administrator shall disburse the settlement amount due to each class member. Class counsel is entitled to fees in the amount of $1.6 million. Class counsel is entitled to costs in the
August 18, 2014
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AMENDED ORDER signed by Judge Kimberly J. Mueller on 8/15/14 (amending Order at ECF No. 238) GRANTING plaintiffs' 233 Motion for Final Approval of Class Settlement as follows: Solely for the purpose of the two settlements and based on Federal Rule of Civil Procedure 23, the court hereby certifies the following class: All persons and entities that purchased tomato paste, tomato sauce, diced tomatoes or any other processed tomato product ("Processed Tomato Products") directly from Ingomar Packing Company, Los Gatos Tomato Products, or SK Foods, L.P. (collectively "Defendants") where the purchase was made pursuant to a contract made between 2/1/2005 and 12/31/2008. Excluded from the class are any judicial officer who is assigned to hear any aspect of the Four In One Company action or any relatedaction, governmental entities, defendants, co-conspirators, purchasers who have an Individual Settlement Agreement (as defined in the Settlement Agreement) with Defendant(s), the present and former parents, predecessors, subsidiaries and affiliates of any of the foregoing, and the Plaintiffs in Case No. 09-cv-00208 pending in the United States District Court for the Eastern District of California. No later than 60 days after date of this Order, the claims administrator shall disburse the settlement amount due to each class member. Class counsel is entitled to fees in the amount of $1.6 million. Class counsel is entitled to costs in the amount of $267,926.23. No later than fourteen days after the date of this order the claims administrator shall disburse attorneys' fees and costs. (Meuleman, A) Modified on 8/19/2014 (Schultz, C).
October 8, 2014
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ORDER signed by Judge Kimberly J. Mueller on 10/7/14 ORDERING that a Further Status Conference is SET for 4/2/2015 in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Mena-Sanchez, L)
April 23, 2015
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STIPULATION and ORDER 260 for distribution of bankruptcy funds to class signed by Judge Kimberly J. Mueller on 4/23/2015. Class Counsel will hold the funds from the initial April 2015 bankruptcy distribution to the Class in an escrow account until such time as future distributions by the Chapter 11 Trustee have been made or the Trustee provides notification that there will be no further distributions. At that time, Class Counsel will arrange for pro rata distribution of funds to the Class members by the claims administrator under the plan of allocation approved by this Court, subject to fees and reimbursement of expenses awarded to Class Counsel by the bankruptcy court. (Marciel, M)
November 12, 2015
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ORDER signed by Judge Kimberly J. Mueller on 11/10/2015 ORDERING that, pursuant to the 264 stipulation, Class Counsel shall arrange for the immediate pro rata distribution of the Escrow Account Funds to the Class members by the claims administrator under the plan of allocation approved by this court. The 11/12/2015 status conference is CONTINUED to 5/12/2016 in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Zignago, K.)
May 10, 2016
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/10/2016 ORDERING that the 5/12/2016 status conference is CONTINUED for one year until 5/11/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Zignago, K.)
August 7, 2017
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FINAL JUDGMENT ORDER dated *8/7/2017* pursuant to order signed by District Judge Kimberly J. Mueller on 8/7/2017 as to Defendants Ingomar Packing Company, Greg Pruett, Los Gatos Tomato Products and StuartWoolf. (Washington, S)