| Court: | nyed |
| Docket #: | 1:12-cv-06087 |
| Case Name: | Moro v. Barbara's Bakery, Inc. |
| PACER case #: | 337163 |
| Date filed: | 2012-12-11 |
| Date terminated: | 2015-05-07 |
| Assigned to: | Judge William F. Kuntz, II |
| Referred to: | Magistrate Judge Roanne L. Mann |
| Case Cause: | 28:1331 Fed. Question |
| Nature of Suit: | 890 Other Statutory Actions |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Olympia Moro Plaintiff on behalf of herself and all others similarly situated |
Juan Eneas Monteverde Nadeem Faruqi Javier Osvaldo Hidalgo |
| Barbara's Bakery, Inc. Defendant |
Barbara A. Lukeman Clement Leo Glynn James Michael Hanlon |
| Ms. Erin Silber Interested Party Interested Party |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-12-11 | 1 | 0 | COMPLAINT against Barbara's Bakery, Inc. Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Olympia Moro. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 12/12/2012) | |||
| 2012-12-11 | 2 | 0 | Summons Issued as to Barbara's Bakery, Inc.. (Bowens, Priscilla) (Entered: 12/12/2012) | |||
| 2012-12-11 | 3 | 0 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/12/2012) | |||
| 2012-12-11 | 4 | 0 | DISCLOSURE of Interested Parties by Olympia Moro. (Bowens, Priscilla) (Entered: 12/12/2012) | |||
| 2013-01-17 | 5 | 0 | DEFENDANT BARBARA'S BAKERY, INC.'S ANSWER to 1 Complaint by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 01/17/2013) | |||
| 2013-01-22 | 6 | 0 | SCHEDULING ORDER: Initial Conference set for 3/8/2013 at 11:30 AM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Magistrate Judge Roanne L. Mann on 1/22/2013. (Maynard, Pat) (Entered: 01/22/2013) | |||
| 2013-02-28 | 7 | 0 | Corporate Disclosure Statement by Barbara's Bakery, Inc. (Lukeman, Barbara) (Entered: 02/28/2013) | |||
| 2013-02-28 | 8 | 0 | Letter MOTION to Adjourn Conference currently scheduled for March 8, 2013 to April 15, 2013 by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 02/28/2013) | |||
| 2013-02-28 | 9 | 0 | ENDORSED ORDER granting 8 Defendant's Motion to Adjourn Conference. Application granted. The March 8th initial conference is adjourned to April 15, 2013, at 10:30 a.m., and will be held jointly with the "substantially similar" Silber case, so that Magistrate Judge Orenstein can coordinate discovery in the two cases. So Ordered by Magistrate Judge Roanne L. Mann on 2/28/2013. (Powers, Emily) (Entered: 02/28/2013) | |||
| 2013-03-26 | 10 | 0 | MOTION for Leave to Appear Pro Hac Vice for James M. Hanlon, Jr. Filing fee $ 25, receipt number 0207-6091319. by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 03/26/2013) | |||
| 2013-03-26 | 11 | 0 | MOTION for Leave to Appear Pro Hac Vice for Clement L. Glynn Filing fee $ 25, receipt number 0207-6091342. by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 03/26/2013) | |||
| 2013-03-27 | 12 | 0 | ORDER granting 10 Motion for Leave to Appear Pro Hac Vice as to James M. Hanlon, Jr. Ordered by Magistrate Judge Roanne L. Mann on 3/26/2013. (Brucella, Michelle) (Entered: 03/27/2013) | |||
| 2013-03-27 | 13 | 0 | ORDER granting 11 Motion for Leave to Appear Pro Hac Vice as to Clement L. Glynn. Ordered by Magistrate Judge Roanne L. Mann on 3/26/2013. (Brucella, Michelle) (Entered: 03/27/2013) | |||
| 2013-04-08 | 14 | 0 | Letter Notice of Potential Related Case Status Pursuant to Local Civil Rule 1.6 by Erin Silber (Attachments: # 1 Exhibit Exhibit 1 -- Complaint in Silber v. Barbara's Bakery, Inc., No. 1:12-cv-05511-ILG-JO, # 2 Exhibit Exhibit 2 -- Complaint in Moro v. Barbara's Bakery, Inc., No. 1:12-cv-06087-WFK-RLM) (Richman, Kim) (Entered: 04/08/2013) | |||
| 2013-04-10 | 15 | 0 | NOTICE of Appearance by Javier O. Hidalgo on behalf of Olympia Moro (aty to be noticed) (Hidalgo, Javier) (Entered: 04/10/2013) | |||
| 2013-04-11 | 16 | 0 | NOTICE of Appearance by James Michael Hanlon on behalf of Barbara's Bakery, Inc. (aty to be noticed) (Hanlon, James) (Entered: 04/11/2013) | |||
| 2013-04-11 | 17 | 0 | NOTICE of Appearance by Clement Leo Glynn on behalf of Barbara's Bakery, Inc. (aty to be noticed) (Glynn, Clement) (Entered: 04/11/2013) | |||
| 2013-04-11 | 18 | 0 | ORDER For the reasons stated in this Court's Order, The conference before Judge Orenstein is cancelled. Counsel in both cases are directed to appear before Judge Kuntz at noon on April 15. At the conclusion of that proceeding, counsel in both cases must report to Courtroom 13C-S for a scheduling conference before this magistrate judge. The parties in both cases are directed to confer with one another and, by 10:00 a.m. on April 15, 2013, to file a joint proposed discovery plan along the lines of the plan filed by the parties in Silber on February 21, 2013. Ordered by Magistrate Judge Roanne L. Mann on 4/11/2013. (Maynard, Pat) (Entered: 04/11/2013) | |||
| 2013-04-12 | 19 | 0 | Letter Motion to Appear by Telephone by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 04/12/2013) | |||
| 2013-04-12 | 20 | 0 | Letter Motion to Appear by Telephone before Magistrate Judge Mann by Barbara's Bakery, Inc.. (Lukeman, Barbara) (Entered: 04/12/2013) | |||
| 2013-04-15 | 21 | 0 | REPORT of Rule 26(f) Planning Meeting (Richman, Kim) (Entered: 04/15/2013) | |||
| 2013-04-15 | 22 | 0 | ORDER re: Joint Proposed Discovery Plan Pursuant to this Court's April 11, 2013 Order: The application is granted. Ordered by Judge William F. Kuntz, II on 4/15/2013. (Brucella, Michelle) (Entered: 04/15/2013) | |||
| 2013-04-15 | 23 | 0 | Minute Entry for Scheduling Conference held before Magistrate Judge Roanne L. Mann on 4/15/2013. The Court reviews the schedule so-ordered by Judge Kuntz. With Judge Kuntz's consent, the Court modifies the schedule to the following extent: the June 15th status conference will be a settlement conference before the magistrate judge on June 24, 2013 at 10:00 a.m. The parties are directed to file a status report by June 13, 2013, or as soon as the parties are in a position to advise the Court as to whether the settlement in Tremmel will moot or narrow the claims in this case -- whichever occurs first. Requests for a premotion conference before Judge Kuntz are due by March 14, 2014. Any requests to extend the discovery deadlines should be addressed to this Court. All dates falling on a weekend have been adjusted. Ordered by Magistrate Judge Roanne L. Mann on 4/15/2013. (Powers, Emily) (Entered: 04/15/2013) | |||
| 2013-04-26 | 24 | 0 | NOTICE of Settlement Notice of Class Action Settlement, Motion For Preliminary Approval of Class Action Settlement and Motion to Enjoin This Action by Barbara's Bakery, Inc. (Attachments: # 1 Certificate of Service) (Glynn, Clement) (Entered: 04/26/2013) | |||
| 2013-05-08 | 25 | 0 | NOTICE by Olympia Moro Notice of Joinder in Plaintiff Erin Silber's Motion for Preliminary Injunction (Hidalgo, Javier) (Entered: 05/08/2013) | |||
| 2013-05-30 | 26 | 0 | Letter Recent Decision by Olympia Moro (Attachments: # 1 Exhibit A (Order denying Motion to Dismiss in Krzykwa v. Campbell Soup Co.)) (Hidalgo, Javier) (Entered: 05/30/2013) | |||
| 2013-05-31 | 27 | 0 | Letter in Response to Dkt. No. 26 by Barbara's Bakery, Inc. (Lukeman, Barbara) (Entered: 05/31/2013) | |||
| 2013-06-13 | 28 | 0 | STATUS REPORT re: Proposed Trammell Settlement by Olympia Moro (Hidalgo, Javier) (Entered: 06/13/2013) | |||
| 2013-06-14 | 29 | 0 | DECISION AND ORDER: Plaintiffs are required to show, but have not shown, irreparable injury. Rather, Plaintiffs may be adequately compensated through monetary damages. Moreover, Defendant would be severely burdened by having to alter its product packaging on a nationwide scale, which burden would clearly exceed any hardship to the Plaintiffs caused by waiting to adjudicate these cases on their merits. For all these reasons, Plaintiffs' motion for a preliminary injunction is DENIED. Ordered by Judge William F. Kuntz, II on 6/14/2013. (Brucella, Michelle) (Entered: 06/14/2013) | 2013-06-15 08:21:29 | 69318d409f3fa238154b9f03f5c44387a5fa2dc1 | |
| 2013-06-17 | 30 | 0 | ORDER In view of the proceeding scheduled for June 21, 2013 in the related Trammel case in the Northern District of California, the settlement conference scheduled for the following business day (June 24, 2013) in the two above-captioned actions is adjourned sine die. The parties are directed to confer and to file a joint status report by June 28, 2013. Ordered by Magistrate Judge Roanne L. Mann on 6/17/2013. (Maynard, Pat) (Entered: 06/17/2013) | |||
| 2013-06-28 | 31 | 0 | STATUS REPORT PLAINTIFFS ERIN SILBER AND OLYMPIA MORO'S JOINT STATUS REPORT by Olympia Moro (Hidalgo, Javier) (Entered: 06/28/2013) | |||
| 2013-07-17 | 32 | 0 | Joint MOTION for Protective Order by Olympia Moro. (Hidalgo, Javier) (Entered: 07/17/2013) | |||
| 2013-07-31 | 33 | 0 | ORDER: For reasons stated in the Order, as well as the particularly timely interest in conserving judicial resources, this Court stays both actions (12-cv-5511, 12-cv-6087.) Ordered by Judge William F. Kuntz, II on 7/31/2013. (Brucella, Michelle) (Entered: 07/31/2013) | |||
| 2013-11-18 | 34 | 0 | NOTICE by Barbara's Bakery, Inc. Notice of Final Judgment and Limited Request To Lift Stay (Hanlon, James) (Entered: 11/18/2013) | |||
| 2013-11-22 | 35 | 0 | ORDER: In light of this Court's earlier finding that the Trammell class "includes within it the putative classes identified by Silber and Moro," the Court hereby rules as follows: Plaintiff Moro is ORDERED TO SHOW CAUSE why her action should not be dismissed as barred by the Trammell settlement release and res judicata. Plaintiff Silber is ORDERED TO SHOW CAUSE why class certification should not be denied as barred by the Trammell settlement release and res judicata. Plaintiffs' submissions must be electronically filed on or before 5:00 P.M. on Friday, December 20, 2013. Plaintiffs shall mail courtesy copies to the attention of Mr. Andrew Jackson. Ordered by Judge William F. Kuntz, II on 11/21/2013. (Brucella, Michelle) (Entered: 11/22/2013) | |||
| 2013-12-20 | 36 | 0 | RESPONSE TO ORDER TO SHOW CAUSE by Olympia Moro (Hidalgo, Javier) (Entered: 12/20/2013) | |||
| 2013-12-20 | 37 | 0 | DECLARATION re 36 Response to Order to Show Cause by Olympia Moro (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Hidalgo, Javier) (Entered: 12/20/2013) | |||
| 2015-05-07 | 38 | 0 | ORDER: Upon consideration of the parties' respective filings and all prior proceedings before the Court, including the Court's finding of July 31, 2013 that the Trammel settlement included within it the proposed class identified by Plaintiff, this action is hereby DISMISSED without prejudice. Ordered by Judge William F. Kuntz, II on 5/6/2015. (Brucella, Michelle) (Entered: 05/07/2015) |