California Eastern District Court
Judge:Daniel J Calabretta
Referred: Jeremy D Peterson
Case #: 2:19-cv-02019
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause28:2201 Constitutionality of State Statute(s)
Case Filed:Oct 07, 2019
Case in other court:9th Circuit Court of Appeals, 21-71256
Last checked: Saturday Apr 04, 2020 3:12 AM PDT
Defendant
Xavier Becerra
Represented By
Joshua Robert Purtle
California Department Of Justice
contact info
John William Everett
contact info
Harrison M. Pollak
California Attorney General'S Office
contact info
Intervenor Defendant
Council For Education and Research On Toxics
Represented By
Raphael Metzger
Metzger Law Group
contact info
Richard Drury
Lozeau Drury LLP
contact info
Scott Philip Brust
Metzger Law Group
contact info
Plaintiff
California Chamber of Commerce
Represented By
Samuel Zachary Fayne
Arnold & Porter Kaye Scholer LLP
contact info
David Barnes
Arnold & Porter Kaye Scholer LLP
contact info
Sarah Esmaili
Arnold & Porter Kaye Scholer, LLP
contact info
Trenton H. Norris
Arnold & Porter Kaye Scholer LLP
contact info

GPO Nov 15 2019
STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/14/2019 GRANTING 10 Motion to Intervene and VACATING the hearing on the motion, set for 11/22/2019. (York, M)
GPO Mar 03 2020
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/2/2020 GRANTING IN PART Defendants' motions to dismiss. Defendant Becerra's 27 first request for judicial notice is GRANTED IN PART and DENIED IN PART. Defendant Becerra's 40 second request for judicial notice is GRANTED. Plaintiff may file an amended complaint within 14 days of this order. Plaintiff's 26 Motion for Preliminary Injunction is DENIED without prejudice, as it is based on the dismissed claims. (York, M)
GPO Aug 27 2020
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/26/2020 GRANTED in PART and DENIED in PART 60 Motion to Dismiss, Plaintiff's Request for Judicial Notice is GRANTED in PART, and Becerra's Request for Judicial Notice is GRANTED. CERT's 59 Motion for Attorneys' Fees is DENIED. the parties are hereby ORDERED to meet and confer with 21 days to discuss whether defendant CERT's request for entry of judgment, ECF No. 73, is still properly before the court, or whether it can be more efficiently resolved by stipulation. The parties shall file a joint report on the status of this meet and confer within 30 days. Scheduling Conference set for 10/8/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The parties SHALL submit a Joint Status Report 14 Days prior.(Reader, L)
GPO Oct 16 2020
any reply by 12/4/2020. The Court will hold a hearing on Plaintiff's motion for a preliminary injunction on 12/11/2020 at 10 a.m.. (Kastilahn, A)ORDER signed by Chief District Judge Kimberly J. Mueller on 10/15/2020 ORDERING that Plaintiff shall file its motion for a preliminary injunction by 10/30/2020, Defendant Xavier Becerra shall file any response by 11/24/2020 and Plaintiff shall file
GPO Mar 30 2021
ted to Proposition 65 warning requirements. (Tupolo, A)ORDER signed by Chief District Judge Kimberly J. Mueller on 3/29/2021 GRANTING 95 Motion for Preliminary Injunction and DENYING 93 Motion for Summary Judgment. While this action is pending and until a further order of this court, no person may file or prosecute a new lawsuit to enforce the Proposition 65 warning requirement for cancer as applied to acrylamide in food and beverage products. This order does not alter any existing consent decrees, settlements, or other agreements rela
GPO Apr 15 2021
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/15/2021 DENYING 116 Ex Parte Application for a Stay pending appeal. (Coll, A)
GPO May 05 2021
berly J. Mueller; and DIRECTING the parties to file a Joint Report by 5/13/2021. (Coll, A)ORDER signed by Chief District Judge Kimberly J. Mueller on 5/4/2021 STRIKING and DENYING WITHOUT PREJUDICE 122 Motion for Leave to Appeal; SETTING a Status Conference for 5/20/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kim
GPO May 25 2021
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/25/2021 ORDERING as follows: The request for leave to file a reply at ECFNo. 132 is GRANTED. The proposed reply is deemed filed. The ex parte application at ECF No. 128 is DENIED without prejudice to a motion to intervene noticed and filed in compliance with this District's local rules and this court's standing orders. (Becknal, R)
GPO Sep 24 2021
efore the undersigned are vacated.(Becknal, R)ORDER signed by Chief District Judge Kimberly J. Mueller on 9/24/2021 ORDERING the undersigned RECUSES herself from this action under 28 U.S.C. § 455(a); DENYING as moot the motion at ECF No. 152. SEALING the filings at ECF Nos. 152, [152-1],[152-2], 158, 155, [155-1], [155-2], 156 157, 158, 167, [167-1], [167-2], [167-3], 171, [171-1] and 172. Within thirty days, CERT shall either file a redacted copy obscuring any addresses of real property at which the undersigned or Robert J. Slobe allegedly reside or which one or both of them allegedly own or a copy of the document without redactions accompanied by a certification from counsel that no such address appears in the document. All dates and deadlines b
GPO Sep 28 2021
RECUSAL ORDER signed by District Judge John A. Mendez on 9/27/21 ORDERING that the undersigned recuses himself as the judge for the above-captioned case. All pending dates before Judge Mendez should be vacated, to be reset by the judge that is re-assigned. This case has been randomly re-assigned to Senior District Judge Morrison C. England, Jr. The new case number is 2:19-cv-02019 MCE JDP. (Kastilahn, A) Modified on 9/28/2021 (Michel, G.).
GPO Apr 19 2023
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 4/19/2023 GRANTING leave to file a Second Amended Complaint. Answers to the Second Amended Complaint shall be filed within 14 days of entry of this order. Defendant-Intervenor CERT's Motion to Dismiss the First Amended Complaint for Lack of Jurisdiction shall apply to the Second Amended Complaint nunc pro tunc. (Perdue, C.)
GPO Aug 16 2023
ORDER signed by District Judge Daniel J. Calabretta on 8/15/2023 DENYING 192 Motion to Dismiss. (Clemente Licea, O)
GPO Aug 16 2023
ORDER signed by District Judge Daniel J. Calabretta on 8/15/2023 DENYING 205 Motion to Vacate. (Clemente Licea, O)
GPO Aug 21 2023
fore Judge Calabretta on 5/9/2024 at 1:30 p.m.. (Kastilahn, A)SCHEDULING ORDER signed by District Judge Daniel J. Calabretta on 8/18/23 ORDERING that all fact discovery shall be completed no later than 1/12/2024. Designation of Expert Witnesses due by 11/17/2023 and expert rebuttal due by 12/15/2023. All expert discovery shall be completed no later than 1/12/2024. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 3/22/2024 and shall be noticed for hearing be
GPO Nov 13 2023
STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 11/9/2023 MODIFYING the Scheduling Order as follows: Disclosure of Expert Witnesses due by 12/15/2023; Rebuttal Expert Witnesses due by 1/19/2024; Fact Discovery due by 1/12/2024; All Expert Discovery due by 3/15/2024; All Motions due by 5/10/2024; Motion Hearing set for 9/19/2024 at 01:30 PM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta; Motion for Summary Judgment due by 5/10/2024; Opposition to Motion and Cross-Motion to Summary Judgment due by 6/21/2024. (Clemente Licea, O)
GPO Mar 04 2024
ORDER signed by District Judge Daniel J. Calabretta on 03/01/24 MOVING the 03/15/24 Expert Discovery Deadline to 04/24/24. All other dates in the Scheduling Order remain unchanged.(Licea Chavez, V)
GPO Apr 25 2024
ORDER signed by District Judge Daniel J. Calabretta on 4/25/2024 GRANTING Defendant's 265 Ex Parte Application for Modification of the Scheduling Order and MODIFYING the dates set forth in the 246 Scheduling Order, as previously modified via the Parties' stipulation, ECF Nos. 250, 263, as follows: all expert discovery shall be completed no later than 6/24/2024; Defendant shall inform Plaintiff whether he will file a cross-motion for summary judgment no later than 6/27/2024; Plaintiff shall file a motion for summary judgment no later than 7/10/2024; Defendant shall file an opposition and cross-motion for summary judgment no later than 8/22/2024; Plaintiff shall file a reply and opposition no later than 9/26/2024; and Defendant shall file a reply no later than 10/16/2024. The cross-motions shall be noticed for hearing on 11/14/2024 at 1:30 PM in Courtroom 10 before District Judge Daniel J. Calabretta. (Michel, G.)
GPO Aug 30 2024
STIPULATION AND ORDER signed by District Judge Daniel J. Calabretta on 8/30/2024 ORDERING Defendant and Defendant-Intervenor to conduct discovery regarding Dr. Nowlis' Supplemental Declaration by 9/16/2024. All other dates in the Scheduling Order shall remain unchanged. (Michel, G.)
GPO Sep 30 2024
ORDER signed by District Judge Daniel J. Calabretta on 9/30/2024 EXTENDING deadlines as follows: Plaintiff's Motion for Summary Judgment due by 10/15/2024; Responses due by 11/18/2024; Reply due by 12/10/2024. (Kyono, V)
GPO Jan 15 2025
ORDER signed by District Judge Daniel J. Calabretta on 1/15/2025 CONTINUING the hearing on the 280 Motion for Summary Judgment to 2/12/2025, at 1:30 PM in Courtroom 7, (DJC) before District Judge Daniel J. Calabretta. (Deputy Clerk RRB)

Docket last updated: 6 hours ago
Wednesday, January 15, 2025
299 299 2 pgs order Order ~Util - Set/Reset Motion Hearing Wed 01/15 12:36 PM
ORDER signed by District Judge Daniel J. Calabretta on 1/15/2025 CONTINUING the hearing on the280 Motion for Summary Judgment to 2/12/2025, at 1:30 PM in Courtroom 7, (DJC) before District Judge Daniel J. Calabretta. (Deputy Clerk RRB)
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Tuesday, January 14, 2025
298 298 misc Stipulation and Proposed Order Tue 01/14 3:46 PM
STIPULATION and PROPOSED ORDER for Modify Hearing Date for Plaintiff's Motion for Summary Judgment re280 Motion for Summary Judgment,,,, by Rob Bonta.(Hey, Megan)
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Att: 1 Proposed Order