Sheila Cruz et al v. Anheuser-Busch, LLC
| California Central District Court | |
| Judge: | Andre Birotte Jr |
| Referred: | Alka Sagar |
| Case #: | 2:14-cv-09670 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1441 Notice of Removal - Fraud |
| Case Filed: | Dec 18, 2014 |
| Terminated: | Jun 03, 2015 |
| Last checked: Tuesday Jun 16, 2015 6:25 AM PDT |
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Defendant
Anheuser-Busch, LLC
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Represented By
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Plaintiff
Sheila Cruz
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Represented By
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Plaintiff
Deborah Esparza
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Represented By
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Plaintiff
Catherine Silas
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Represented By
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| Docket last updated: 10 hours ago |
| Wednesday, May 03, 2017 | ||
| 47 | 47
appeal
USCA Mandate
Thu 05/04 9:56 AM
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal39 The judgment of the 9th Circuit Court, entered March 16, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum45 AFFIRMED.] (mat) |
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| Tuesday, April 25, 2017 | ||
| 46 | 46
appeal
USCA Memorandum/Opinion/Order
Wed 04/26 9:21 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals39 filed by Catherine Silas, Deborah Esparza, Sheila Cruz. CCA # 15-56021 Appellants' petition for panel rehearing and rehearing en banc is DENIED. (car) |
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| Thursday, March 16, 2017 | ||
| 45 | 45
appeal
USCA Memorandum/Opinion/Order
Fri 03/17 8:16 AM
MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals39 filed by Catherine Silas, Deborah Esparza, Sheila Cruz. CCA # 15-56021 The district court dismissed the action withprejudice under Federal Rule of Civil Procedure 12(b)(6). On de novo review,accepting all facts alleged in the complaint as true and construing them inPlaintiffs favor, Ebner v. Fresh, Inc., 838 F.3d 958, 962 (9th Cir. 2016). The judgment of the District Court is AFFIRMED (car) |
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| Tuesday, August 25, 2015 | ||
| 44 | 44
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Tue 08/25 11:04 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Nicholas D Poper counsel for Plaintiff Sheila Cruz. Nicholas D. Poper is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by attorney Nicholas D. Poper. (Poper, Nicholas) |
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| Friday, July 31, 2015 | ||
| 43 | 43
notice
Notice (Other)
Fri 07/31 6:51 PM
NOTICE OF NO TRANSCRIPT ORDERED filed by Plaintiff's Sheila Cruz, Deborah Esparza, Catherine Silas. (Marker, Caleb) |
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| Thursday, July 02, 2015 | ||
| 42 | 42
notice
Notice of Appearance or Withdrawal of Counsel (G-123)
Thu 07/02 11:11 AM
Notice of Appearance or Withdrawal of Counsel: for attorney Sam K Kim counsel for Plaintiff Sheila Cruz. Sam Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Attorney for Plaintiffs Sam Kim. (Kim, Sam) |
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| Wednesday, July 01, 2015 | ||
| 41 | 41
appeal
9th CCA Assigned Case Number Notice
Wed 07/01 4:09 PM
NOTIFICATION by Circuit Court of Appellate Docket Number 15-56021 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals39 as to Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas. (mat) |
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| 40 | 40
appeal
Representation Statement
Wed 07/01 10:44 AM
REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals39 . (Marker, Caleb) |
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| 39 | 39
appeal
Appeal to 9th Circuit Court of Appeals
Wed 07/01 10:43 AM
NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas. Appeal of Order on Motion to Dismiss Case,38 (Appeal fee of $505 receipt number 0973-16010612 paid.) (Marker, Caleb) |
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| Wednesday, June 03, 2015 | ||
| 38 | 38
order
Dismiss Case
Wed 06/03 3:21 PM
MINUTES [In Chambers] Order GRANTING A-B's Motion to Dismiss by Judge Andre Birotte, Jr: the Court concludes that Plaintiffs have not stated a claim that could plausibly prove that the labels on the Rita Products could likely deceive a reasonable consumer. Amendment to these claims would also be futile. Consequently, the Court GRANTS A-B's Motion to Dismiss WITH PREJUDICE13 . The Court also VACATES the June 8 Scheduling Conference. (Dkt. No. 35.) ( MD JS-6. Case Terminated.) (jp) |
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| Tuesday, May 26, 2015 | ||
| 37 | 37
order
Order ~Util - Set/Reset Deadlines/Hearings
Tue 05/26 4:48 PM
ORDER GRANTING Stipulation for Continuance of Scheduling Conference36 by Judge Andre Birotte, Jr., that the initial case scheduling conference, currently set for June 1, 2015, isrescheduled to take place on 6/8/2015 at 10:00 AM. (jp) |
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| Friday, May 22, 2015 | ||
| 36 | 36
stip
Order
Fri 05/22 4:00 PM
STIPULATION for Order for Continuance of Scheduling Conference filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Declaration of Peter B. Morrison,
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Att: 2
Proposed Order
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| Wednesday, May 13, 2015 | ||
| 35 | 35
testxtonly
Text Only Scheduling Notice
Wed 05/13 10:09 AM
IN CHAMBERS (ORDER)CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: The Court, on its own motion, hereby continues the Scheduling Conference from May 18, 2015 to Monday, June 1, 2015 at 10:00 am before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) |
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| Tuesday, April 28, 2015 | ||
| 34 | 34
order
Continue
Tue 04/28 12:22 PM
ORDER GRANTING Ex Parte Application for Continuance of Initial Case Scheduling Conference33 by Judge Andre Birotte, Jr. The initial case scheduling conference, currently set for 5/4/2015, is RESCHEDULED to take place 5/18/2015 at 10:00 AM. (jp) |
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| 33 | 33
motion
Continue
Tue 04/28 10:13 AM
EX PARTE APPLICATION to Continue Initial Case Scheduling Conference filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Declaration Of Peter B. Morrison,
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Att: 2
Proposed Order
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| Monday, April 20, 2015 | ||
| 32 | 32
misc
Joint Report Rule 26(f) Discovery Plan
Mon 04/20 4:33 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5+ days, filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas..(Marker, Caleb) |
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Att: 1
Exhibit A - Correspondence Re: 26f Report,
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Att: 2
Exhibit B - Schedule of Pretrial and Trial Dates Worksheet,
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Att: 3
Exhibit C- Defendant's Proposed Schedule For Class Certification Discovery
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| Wednesday, March 18, 2015 | ||
| 31 | 31
testxtonly
Text Only Scheduling Notice
Wed 03/18 11:50 AM
(IN CHAMBERS) ORDER TAKING MOTION TO DISMISS CASE (DKT. 13) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion(s) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on March 23, 2015, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) |
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| Tuesday, March 17, 2015 | ||
| 30 | 30
notice
Notice (Other)
Tue 03/17 7:32 AM
NOTICE of Supplemental Authority in Support of Anheuser-Busch, LLC's Motion to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Anheuser-Busch, LLC. [Related Document #13](Morrison, Peter) |
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Att: 1
Exhibit A
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| Monday, March 16, 2015 | ||
| 29 | 29
misc
Miscellaneous Document
Mon 03/16 9:41 AM
Defendant's Response to Plaintiffs' Supplemental Oppositon to Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint filed by Defendant Anheuser-Busch, LLC re: Motion Related Document28 (Morrison, Peter) |
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| Wednesday, March 11, 2015 | ||
| 28 | 28
respm
Motion Related Document
Wed 03/11 5:15 PM
Plaintiffs' Supplemental Opposition to Defendant's Motion to Dismiss re MOTION to Dismiss Case 13 filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas. (Marker, Caleb) |
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| 27 | 27
order
Stipulation and Order
Wed 03/11 4:27 PM
ORDER GRANTING STIPULATION TO FILE SUPPLEMENTAL OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT AND REPLY TO SUPPLEMENTAL OPPOSITION by Judge Andre Birotte, Jr. The Court, HEREBY ORDERS as follows: 1. Plaintiffs are permitted to file the Supplemental Opposition attached as Exhibit "A" to the Stipulation; and 2. Defendant shall file any Reply to the Supplemental Opposition on or before March 16, 2015. IT IS SO ORDERED. (lom) |
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| Tuesday, March 10, 2015 | ||
| 26 | 26
stip
Amend/Correct
Tue 03/10 3:00 PM
STIPULATION to Amend MEMORANDUM in Opposition to Motion23 filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas.(Marker, Caleb) |
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Att: 1
Exhibit A - Supplemental Opposition,
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Att: 2
Proposed Order
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| Monday, March 02, 2015 | ||
| 25 | 25
respm
Reply (Motion related)
Mon 03/02 2:21 PM
REPLY in Support of MOTION to Dismiss Case 13 filed by Defendant Anheuser-Busch, LLC. (Morrison, Peter) |
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| Friday, February 13, 2015 | ||
| 24 | 24
respm
Declaration (Motion related)
Fri 02/13 6:56 PM
DECLARATION of Caleb Marker In Opposition To MOTION to Dismiss Case 13 filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas.(Marker, Caleb) |
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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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| 23 | 23
respm
Memorandum in Opposition to Motion
Fri 02/13 6:30 PM
MEMORANDUM in Opposition to MOTION to Dismiss Case 13 filed by Plaintiffs Sheila Cruz, Deborah Esparza, Catherine Silas. (Marker, Caleb) |
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| Friday, February 06, 2015 | ||
| 22 | 22
order
Order ~Util - Set/Reset Motion Hearing and R&R Deadlines
Fri 02/06 2:39 PM
ORDER GRANTING to Set Briefing Schedule on Motion to Dismiss, Vacate Current Deadline for Seeking Class Certification, and Staying Discovery Pending Resolution of Motion to Dismiss20 by Judge Andre Birotte, Jr. The Court has reviewed the request and for good cause shown it is hereby GRANTED. Plaintiffs shall have until 2/13/2015 to file a response to Defendant's Motion to Dismiss, Defendant shall have until 3/2/2015 to file a reply in support of its Motion to Dismiss, and the hearing for Defendants motion will be set for 3/23/2015 at 10:00 AM. The Court further vacates the current deadline for Plaintiffs to file a motion for class certification pursuant to L.R. 23-3 and stays all discovery in this matter pending resolution of Defendant's Motion to Dismiss. (jp) |
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| Tuesday, January 27, 2015 | ||
| 21 | 21
testxtonly
Text Only Scheduling Notice
Tue 01/27 3:20 PM
NOTICE TO COUNSEL: Judge Andre Birotte Jr. is moving his Courtroom from the Roybal Federal Building to the Spring Street Courthouse, which is located at 312 N. Spring Street, Los Angeles, California 90012. Judge Andre Birotte Jr.s new Courtroom will be COURTROOM 4 of the SPRING STREET Courthouse. Effective February 2, 2015, all Court appearances shall be made in Courtroom 4 of the Spring Street Courthouse, and all required Mandatory Chambers Copies shall be hand-delivered and placed in the tray outside the door to Judge Birottes chambers at the Spring Street Courthouse.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgon) |
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| Friday, January 23, 2015 | ||
| 20 | 20
stip
Extension of Time to File Response/Reply
Fri 01/23 4:44 PM
STIPULATION for Extension of Time to File filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Proposed Order
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| 19 | 19
misc
For Judicial Notice
Fri 01/23 4:39 PM
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 13 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Proposed Order
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| 18 | 18
respm
Declaration (Motion related)
Fri 01/23 4:35 PM
DECLARATION of Edward M. Crane in support of MOTION to Dismiss Case 13 Volume 4 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Exhibit 31,
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Att: 2
Exhibit 32,
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Att: 3
Exhibit 33,
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Att: 4
Exhibit 34,
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Att: 5
Exhibit 35,
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Att: 6
Exhibit 36,
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Att: 7
Exhibit 37,
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Att: 8
Exhibit 38
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| 17 | 17
respm
Declaration (Motion related)
Fri 01/23 4:30 PM
DECLARATION of Edward M. Crane in support of MOTION to Dismiss Case 13 Volume 3 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Exhibit 21,
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Att: 2
Exhibit 22,
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Att: 3
Exhibit 23,
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Att: 4
Exhibit 24,
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Att: 5
Exhibit 25,
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Att: 6
Exhibit 26,
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Att: 7
Exhibit 27,
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Att: 8
Exhibit 28,
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Att: 9
Exhibit 29,
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Att: 10
Exhibit 30
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| 16 | 16
respm
Declaration (Motion related)
Fri 01/23 4:21 PM
DECLARATION of Edward M. Crane in support of MOTION to Dismiss Case 13 Volume 2 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Exhibit 11,
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Att: 2
Exhibit 12,
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Att: 3
Exhibit 13,
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Att: 4
Exhibit 14,
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Att: 5
Exhibit 15,
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Att: 6
Exhibit 16,
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Att: 7
Exhibit 17,
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Att: 8
Exhibit 18,
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Att: 9
Exhibit 19,
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Att: 10
Exhibit 20
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| 15 | 15
respm
Declaration (Motion related)
Fri 01/23 4:07 PM
DECLARATION of Edward M. Crane in support of MOTION to Dismiss Case 13 Volume 1 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10
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| 14 | 14
order
Initial Order Setting R26 Scheduling Conference - form only
Fri 01/23 4:03 PM
ORDER SETTING RULE 26F SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/4/2015 at 10:00 AM before Judge Andre Birotte Jr. (cb) |
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| 13 | 13
motion
Dismiss Case
Fri 01/23 3:01 PM
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Anheuser-Busch, LLC. Motion set for hearing on 3/16/2015 at 10:00 AM before Judge Andre Birotte Jr.(Morrison, Peter) |
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Att: 1
Proposed Order
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| Friday, January 09, 2015 | ||
| 12 | 12
order
Appear Pro Hac Vice
Mon 01/12 9:54 AM
ORDER by Judge Andre Birotte, Jr: granting11 Application to Appear Pro Hac Vice by Attorney Edward M. Crane on behalf of Defendant, designating Peter B. Morrison as local counsel. (lt) Modified on 1/12/2015 (lt) |
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| Thursday, January 08, 2015 | ||
| 11 | 11
respm
Amendment (Motion related)
Thu 01/08 4:02 PM
Amendment to APPLICATION for attorney Edward M. Crane to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15023520 paid.)10 filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Proposed Order
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| 10 | 10
motion
Appear Pro Hac Vice
Thu 01/08 3:54 PM
APPLICATION for attorney Edward M. Crane to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15023520 paid.) filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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Att: 1
Proposed Order
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| Friday, December 19, 2014 | ||
| 9 | 9
service
Proof of Service (subsequent documents)
Fri 12/19 2:18 PM
CERTIFICATE OF SERVICE filed by Defendant Anheuser-Busch, LLC, of Notice to Adverse Parties of Removal to Federal Court served on 12/18/2014. (Morrison, Peter) |
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| 8 | 8
service
Proof of Service (subsequent documents)
Fri 12/19 1:35 PM
Proof OF SERVICE filed by Defendant Anheuser-Busch, LLC, re Stipulation Extending Time to Answer (30 days or less)7 , Civil Cover Sheet (CV-71)2 , Notice to Parties of Court-Directed ADR Program (ADR-8)5 , Notice of Removal (Attorney Civil Case Opening),1 , Notice of Assignment to United States Judges(CV-18)4 , Certificate/Notice of Interested Parties3 served on 12/18/2014, 12/19/2014. (Morrison, Peter) |
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| 7 | 7
stip
Extending Time to Answer (30 days or less)
Fri 12/19 12:07 PM
STIPULATION Extending Time to Answer the complaint as to Anheuser-Busch, LLC answer now due 1/23/2015, filed by Defendant Anheuser-Busch, LLC.(Morrison, Peter) |
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| 6 | 6
testxtonly
Text Only Scheduling Notice
Fri 12/19 11:22 AM
TEXT ONLY ENTRY: Judge Andre Birotte Jr. is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted, via e-mail, to the Judge's Chambers email at AB_chambers@cacd.uscourts.gov. Please refer to the Judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) |
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| Thursday, December 18, 2014 | ||
| 5 | 5
adr
Notice to Parties of Court-Directed ADR Program (ADR-8)
Thu 12/18 12:24 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
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| 4 | 4
notice
Notice of Assignment to United States Judges (CV-18)
Thu 12/18 12:23 PM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte, Jr. and Magistrate Judge Alka Sagar. (ghap) |
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| 3 | 3
notice
Certificate/Notice of Interested Parties
Thu 12/18 11:19 AM
Local Rule 7.1-1 CERTIFICATION and NOTICE of Interested Parties filed by Defendant Anheuser-Busch, LLC, (Morrison, Peter) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Thu 12/18 11:16 AM
CIVIL COVER SHEET filed by Defendant Anheuser-Busch, LLC. (Morrison, Peter) |
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| 1 | 1
notice
Notice of Removal (Attorney Civil Case Opening)
Thu 12/18 11:12 AM
NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC563150 Receipt No: 0973-14942538 - Fee: $400, filed by Defendant Anheuser-Busch, LLC. (Attorney Peter Bradley Morrison added to party Anheuser-Busch, LLC(pty:dft))(Morrison, Peter) |
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Att: 1
Exhibit A Part 1,
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Att: 2
Exhibit A Part 2,
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Att: 3
Exhibit A Part 3
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cmp
Complaint - (Discovery)
Thu 12/18 12:18 PM
CONFORMED FILED COPY OF COMPLAINT against Defendant Anheuser-Busch, LLC.) Jury Demanded., filed by plaintiff Sheila Cruz. (FILED IN STATE COURT ON 11/12/2014 SUBMITTED ATTACHED EXHIBIT A) (ghap) Modified on 12/18/2014 (ghap) |
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othcmp
Amended Complaint
Thu 12/18 12:21 PM
CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendant Anheuser-Busch, LLC amending Complaint - (Discovery), filed by plaintiffs Catherine Silas, Sheila Cruz, Deborah Esparza. (FILED IN STATE COURT ON 11/26/2014 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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