Tomasella v. The Hershey Company et al
| Massachusetts District Court | |
| Judge: | Allison D Burroughs |
| Case #: | 1:18-cv-10360 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Feb 26, 2018 |
| Terminated: | Jan 30, 2019 |
| Last checked: Saturday Aug 25, 2018 6:01 AM EDT |
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Defendant
Hershey Chocolate & Confectionery Corporation
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Represented By
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Defendant
The Hershey Company
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Represented By
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Plaintiff
Danell Tomasella
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Represented By
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GPO
Jan 30 2019
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the foregoing reasons, Hershey's 20 motion to dismiss Plaintiff's claims for a violation of Mass. Gen. Laws ch. 93A (Count One) and unjust enrichment (Count Two) is GRANTED. SO ORDERED.(McDonagh, Christina) |
| Docket last updated: 6 hours ago |
| Tuesday, July 07, 2020 | ||
| 41 | 41
appeal
USCA Mandate
Wed 07/08 6:41 AM
MANDATE of USCA as to36 Notice of Appeal filed by Danell Tomasella. Appeal36 Terminated (Paine, Matthew) |
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| Tuesday, June 16, 2020 | ||
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appeal
USCA Judgment
Wed 07/08 6:35 AM
USCA Judgment as to36 Notice of Appeal filed by Danell Tomasella (Paine, Matthew) |
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appeal
USCA Opinion
Wed 07/08 6:35 AM
OPINION of USCA as to36 Notice of Appeal filed by Danell Tomasella. (Paine, Matthew) |
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| Monday, February 04, 2019 | ||
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appeal
USCA Case Number
Mon 02/04 1:09 PM
USCA Case Number 19-1132 for36 Notice of Appeal filed by Danell Tomasella. (Paine, Matthew) |
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| Friday, February 01, 2019 | ||
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appeal
Abbreviated Electronic Appeal Record Sent to USCA
Fri 02/01 10:31 AM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re36 Notice of Appeal. (Paine, Matthew) |
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| Thursday, January 31, 2019 | ||
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appeal
Notice of Appeal
Thu 01/31 12:42 PM
NOTICE OF APPEAL34 Memorandum and Order,35 Order of Dismissal by Danell Tomasella Filing fee: $ 505, receipt number 0101-7518880 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/20/2019. (Berman, Steve) (Paine, Matthew). (Main Document 36 replaced on 1/31/2019) (Paine, Matthew). (Modified on 1/31/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew) |
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Att: 1
(1/31/2019) Exhibit A,
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Att: 2
(1/31/2019) Exhibit B
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| Wednesday, January 30, 2019 | ||
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1
pgs
order
Order Dismissing Case
Wed 01/30 9:00 AM
Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(McDonagh, Christina) |
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pgs
order
Memorandum & Order
Wed 01/30 8:53 AM
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the foregoing reasons, Hershey's20 motion to dismiss Plaintiff's claims for a violation of Mass. Gen. Laws ch. 93A (Count One) and unjust enrichment (Count Two) is GRANTED . SO ORDERED .(McDonagh, Christina) |
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| Tuesday, October 02, 2018 | ||
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notice
Notice of Change of Address or Firm Name
Tue 10/02 2:55 PM
NOTICE of Change of Address or Firm Name by Steve W. Berman (Berman, Steve) |
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| Thursday, August 30, 2018 | ||
| 32 | 32
respoth
Response - not related to a motion
Thu 08/30 5:28 PM
Response by Danell Tomasella to31 Notice of Supplemental Authorities . (Berman, Steve) |
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| 31 | 31
respm
Notice of Supplemental Authorities
Thu 08/30 12:11 PM
Notice of Supplemental Authorities re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Zalesin, Steven) |
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Att: 1
Exhibit Hall v. SeaWorld 9th Circuit decision 8/28/18
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| Monday, July 23, 2018 | ||
| 30 | 30
respm
Sur-reply to Motion
Mon 07/23 2:28 PM
SUR-REPLY to Motion re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Danell Tomasella. (Berman, Steve) |
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| 29 | 29
order
Order on Motion for Leave to File Document
Mon 07/23 1:35 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting28 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
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| Friday, July 20, 2018 | ||
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motion
Leave to File Document
Fri 07/20 7:01 PM
MOTION for Leave to File A SUR-REPLY IN OPPOSITION TO HERSHEY'S MOTION TO DISMISS by Danell Tomasella.(Berman, Steve) |
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Att: 1
Exhibit
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| Tuesday, July 17, 2018 | ||
| 27 | 27
respm
Reply to Response to Motion
Tue 07/17 3:59 PM
REPLY to Response to20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Leave to file granted on July 17, 2018 filed by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Zalesin, Steven) |
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Att: 1
Declaration of Daniel A. Friedman in Support of Hershey's Motion to Dismiss
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| 26 | 26
order
Order on Motion for Leave to File Document
Tue 07/17 3:34 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting25 Motion for Leave to File a Reply in Support of Hershey's Motion to Dismiss ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McDonagh, Christina) |
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| Thursday, July 12, 2018 | ||
| 25 | 25
motion
Leave to File Document
Thu 07/12 4:44 PM
MOTION for Leave to File a Reply in Support of Hershey's Motion to Dismiss by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Zalesin, Steven) |
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Att: 1
Exhibit A, Proposed reply brief,
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Att: 2
Exhibit B, Declaration of Daniel Friedman
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| Thursday, June 28, 2018 | ||
| 24 | 24
respm
Notice of Supplemental Authorities
Thu 06/28 6:39 PM
Notice of Supplemental Authorities re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Berman, Steve) |
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| Thursday, June 14, 2018 | ||
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respm
Opposition to Motion
Thu 06/14 7:06 PM
Opposition re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Danell Tomasella. (Berman, Steve) |
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| Thursday, April 19, 2018 | ||
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respm
Affidavit in Support of Motion
Thu 04/19 2:43 PM
AFFIDAVIT of ; Declaration of Steven A. Zalesin in Support re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Zalesin, Steven) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J,
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Att: 11
Exhibit K,
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Att: 12
Exhibit L,
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Att: 13
Exhibit M,
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Att: 14
Exhibit N,
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Att: 15
Exhibit O,
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Att: 16
Exhibit P,
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Att: 17
Exhibit Q,
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Att: 18
Exhibit R,
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Att: 19
Exhibit S,
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Att: 20
Exhibit T,
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Att: 21
Exhibit U,
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Att: 22
Exhibit V,
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Att: 23
Exhibit W,
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Att: 24
Exhibit X,
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Att: 25
Exhibit Y,
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Att: 26
Exhibit Z,
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Att: 27
Exhibit AA,
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Att: 28
Exhibit BB
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27
pgs
respm
Memorandum in Support of Motion
Thu 04/19 2:33 PM
MEMORANDUM in Support re20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hershey Chocolate & Confectionery Corporation, The Hershey Company. (Zalesin, Steven) |
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| 20 | 20
motion
Dismiss for Failure to State a Claim
Thu 04/19 2:31 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Zalesin, Steven) |
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| Tuesday, April 17, 2018 | ||
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order
Order on Motion for Leave to Appear
Tue 04/17 3:36 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting16 Motion for Leave to Appear Pro Hac Vice Added Daniel A. Friedman. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings and conferences, unless expressly excused by the Court for good cause. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina) |
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order
Order on Motion for Leave to Appear
Tue 04/17 3:34 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting15 Motion for Leave to Appear Pro Hac Vice Added Jonah M. Knobler. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings and conferences, unless expressly excused by the Court for good cause. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina) |
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order
Order on Motion for Leave to Appear
Tue 04/17 3:31 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting14 Motion for Leave to Appear Pro Hac Vice Added Steven A. Zalesin. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings and conferences, unless expressly excused by the Court for good cause. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina) |
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motion
Appear Pro Hac Vice
Tue 04/17 12:54 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Daniel A. Friedman Filing fee: $ 100, receipt number 0101-7097373 by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Hall, Stephen) |
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Att: 1
Exhibit A
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motion
Appear Pro Hac Vice
Tue 04/17 12:51 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Jonah M. Knobler Filing fee: $ 100, receipt number 0101-7097370 by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Hall, Stephen) |
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Att: 1
Exhibit A
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motion
Appear Pro Hac Vice
Tue 04/17 12:48 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Steven A. Zalesin Filing fee: $ 100, receipt number 0101-7097322 by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Hall, Stephen) |
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Att: 1
Exhibit A
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| 13 | 13
misc
Corporate Disclosure Statement
Tue 04/17 12:30 PM
CORPORATE DISCLOSURE STATEMENT by Hershey Chocolate & Confectionery Corporation, The Hershey Company. (Hall, Stephen) |
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| Monday, April 09, 2018 | ||
| 12 | 12
notice
Notice of Appearance
Mon 04/09 12:47 PM
NOTICE of Appearance by Ralph T. Lepore, III on behalf of Hershey Chocolate & Confectionery Corporation, The Hershey Company (Lepore, Ralph) |
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notice
Notice of Appearance
Mon 04/09 12:36 PM
NOTICE of Appearance by Robert M. Shaw on behalf of Hershey Chocolate & Confectionery Corporation, The Hershey Company (Shaw, Robert) |
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notice
Notice of Appearance
Mon 04/09 12:32 PM
NOTICE of Appearance by Stephen P. Hall on behalf of Hershey Chocolate & Confectionery Corporation, The Hershey Company (Hall, Stephen) |
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| Tuesday, March 20, 2018 | ||
| 9 | 9
order
Order on Motion for Extension of Time
Tue 03/20 2:02 PM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting8 Motion to Set Coordinated Briefing Schedule for Defendants' Motions to Dismiss (Folan, Karen) |
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| Monday, March 19, 2018 | ||
| 8 | 8
motion
Extension of Time
Mon 03/19 7:39 PM
Joint MOTION for Extension of Time to file motion to dismiss and opposition thereto by Hershey Chocolate & Confectionery Corporation, The Hershey Company.(Zalesin, Steven) |
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| Friday, March 16, 2018 | ||
| 7 | 7
order
Order on Motion for Leave to Appear
Fri 03/16 7:57 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting5 Motion for Leave to Appear Pro Hac Vice Added Elaine T. Byszewski. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearace in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina) |
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order
Order on Motion for Leave to Appear
Fri 03/16 7:56 AM
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting4 Motion for Leave to Appear Pro Hac Vice Added Steve W. Berman. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearace in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McDonagh, Christina) |
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| Thursday, March 15, 2018 | ||
| 5 | 5
motion
Appear Pro Hac Vice
Thu 03/15 4:10 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Elaine T. Byszewski Filing fee: $ 100, receipt number 0101-7050942 by Danell Tomasella.(Brennan, Hannah) |
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motion
Appear Pro Hac Vice
Thu 03/15 4:08 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Steve W. Berman Filing fee: $ 100, receipt number 0101-7050928 by Danell Tomasella.(Brennan, Hannah) |
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| Monday, February 26, 2018 | ||
| 3 | 3
service
Summons Issued
Mon 02/26 2:27 PM
Summons Issued as to Hershey Chocolate & Confectionery Corporation, The Hershey Company. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) |
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notice
Notice of Case Assignment
Mon 02/26 1:16 PM
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) |
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cmp
Complaint
Mon 02/26 11:33 AM
COMPLAINT against Hershey Chocolate & Confectionery Corporation, The Hershey Company Filing fee: $ 400, receipt number 0101-7024099 (Fee Status: Filing Fee paid), filed by Danell Tomasella.(Brennan, Hannah) (Attachment 1 & 2 replaced on 2/26/2018 with corrected version ) (DaSilva, Carolina) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Category Sheet
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