This case was last updated from U.S. District Courts on 03/22/2019 at 16:59:34 (UTC).

Lima et al v. Post Consumer Brands, LLC

Case Summary

On 10/05/2018 Lima filed a Property - Personal Property Fraud lawsuit against Post Consumer Brands, LLC. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is Allison D. Burroughs. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    1:18-CV-12100

  • Filing Date:

    10/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Allison D. Burroughs

 

Party Details

Plaintiffs

Susan Wrublewski

Anita S. Lima

Defendant

Post Consumer Brands, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Kenneth D. Quat

Attorney at Quat Law Offices

929 Worcester Road

Framingham, MA 01701

Carlos F. Ramirez

Attorney at Reese LLP

7 Skyline Drive, Suite 350

Hawthorne, NY 10532

Michael R. Reese

Attorney at Reese LLP

100 West 93Rd Street, 16Th Floor

New York, NY 10025

Defendant Attorneys

Christine R.M. Kain

Attorney at Faegre Baker Daniels, LLP

2200 Wells Fargo Center, 90 S. Seventh Street

Minneapolis, MN 55402

Sarah L. Brew

Attorney at Faegre Baker Daniels, LLP.

2200 Wells Fargo Center, 90 S. Seventh Street

Minneapolis, MN 55402

Aaron D. Van Oort

Attorney at Faegre & Benson LLP

2200 Wells Fargo Center, 90 South Seventh Street

Minneapolis, MN 55402-3901

Kara G. Thorvaldsen

Attorney at Wilson, Elser, Moskowitz, Edelman & Dicker, LLP

260 Franklin Street, 14Th Floor

Boston, MA 02110-3112

 

Docket Entries

  • 02/28/2019
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  • (#32) Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #31 Motion for Extension of Time to File Response/Reply re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 4/5/2019 (Folan, Karen) (Entered: 02/28/2019)

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  • 02/28/2019
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  • (#31) Assented to MOTION for Extension of Time to 04/05/2019 to File Response/Reply as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anita S. Lima, Susan Wrublewski.(Quat, Kenneth) (Entered: 02/28/2019)

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  • 02/22/2019
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  • (#30) MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Post Consumer Brands, LLC. (Attachments: #1 Affidavit Declaration of Kara Thorvaldsen, #2 Exhibit A - Honey Bunches of Oats with Almonds, #3 Exhibit B - Honey Bunches of Oats with Banana Bunches and Almonds, #4 Exhibit C - Honey Bunches of Oats, Honey Roasted, #5 Exhibit D - Honey Bunches of Oats with real Strawberries, #6 Exhibit E - Honey Bunches of Oats Pecans & Maple Brown Sugar, #7 Exhibit F - Honey Bunches of Oats with Chocolate, #8 Exhibit G - Honey Bunches of Oats with Cinnamon Bunches, #9 Exhibit H - Honey Bunches of Oats with Apples & Cinnamon, #10 Exhibit I - Honey Bunches of Oats with Vanilla Bunches, #11 Exhibit J - Honey Bunches of Oats Whole Grain Honey Crunch, #12 Exhibit K - Honey Bunches of Oats Whole Grain Almond Crunch, #13 Exhibit L - Honey Bunches of Oats Apple Caramel Crunch, #14 Exhibit M - Food Labeling Guide Excerpt, #15 Exhibit N - Post 2018 10-K Excerpt)(Thorvaldsen, Kara) (Entered: 02/22/2019)

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  • 02/22/2019
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  • (#29) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Post Consumer Brands, LLC.(Thorvaldsen, Kara) (Entered: 02/22/2019)

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  • 02/21/2019
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  • (#28) Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #27 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) (Entered: 02/21/2019)

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  • 02/20/2019
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  • (#27) Assented to MOTION for Leave to File Over-Long Memorandum in Support of Defendant's Motion to Dismiss Plaintiff's First Amended Complaint by Post Consumer Brands, LLC.(Thorvaldsen, Kara) (Entered: 02/20/2019)

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  • 02/11/2019
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  • (#26) Judge Allison D. Burroughs: ELECTRONIC ORDER entered ECF No. #18 , Post Consumer Brands, LLC's Motion to Dismiss, is DENIED as moot. On February 8, 2019, Plaintiffs filed the Amended Complaint, ECF No. 25, in accordance with Federal Rule of Civil Procedure 15(a)(1)(B). Post Consumer Brands' responsive pleading to the Amended Complaint is due February 22, 2019. See Fed. R. Civ. P. 15(c). (McDonagh, Christina) (Entered: 02/11/2019)

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  • 02/08/2019
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  • (#25) AMENDED COMPLAINT against Post Consumer Brands, LLC, filed by Anita S. Lima, Susan Wrublewski.(Quat, Kenneth) (Entered: 02/08/2019)

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  • 01/29/2019
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  • (#24) Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #23 Motion for Extension of Time to File Response/Reply re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Oral Argument Responses due by 2/25/2019 (Folan, Karen) (Entered: 01/29/2019)

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  • 01/28/2019
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  • (#23) Assented to MOTION for Extension of Time to 02/25/2019 to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Oral Argument by Anita S. Lima, Susan Wrublewski.(Quat, Kenneth) (Entered: 01/28/2019)

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12 More Docket Entries
  • 01/09/2019
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  • (#10) CORPORATE DISCLOSURE STATEMENT by Post Consumer Brands, LLC identifying Corporate Parent Post Holdings, Inc. for Post Consumer Brands, LLC.. (Thorvaldsen, Kara) (Entered: 01/09/2019)

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  • 01/09/2019
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  • (#9) NOTICE of Appearance by Kara G. Thorvaldsen on behalf of Post Consumer Brands, LLC (Thorvaldsen, Kara) (Entered: 01/09/2019)

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  • 12/04/2018
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  • (#8) Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #7 Motion for Extension of Time to Answer Post Consumer Brands, LLC answer due 1/11/2019. (Folan, Karen) (Entered: 12/04/2018)

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  • 12/03/2018
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  • (#7) Assented to MOTION for Extension of Time to 01/11/2019 to File Answer re #1 Complaint by Anita S. Lima, Susan Wrublewski.(Quat, Kenneth) (Entered: 12/03/2018)

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  • 11/13/2018
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  • (#6) WAIVER OF SERVICE Returned Executed by Anita S. Lima, Susan Wrublewski. Post Consumer Brands, LLC waiver sent on 10/10/2018, answer due 12/10/2018. (Quat, Kenneth) (Entered: 11/13/2018)

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  • 10/17/2018
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  • (#5) Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Michael Reese and Carlos Ramirez. 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. 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 or conferences, unless expressly excused by the Court for good cause. (Folan, Karen) (Entered: 10/17/2018)

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  • 10/17/2018
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  • (#4) MOTION for Leave to Appear Pro Hac Vice for admission of Michael R. Reese, Carlos F. Ramirez Filing fee: $ 200, receipt number 0101-7369302 by Anita S. Lima, Susan Wrublewski. (Attachments: #1 Certificate of Michael R. Reese, #2 Certificate of Carlos F. Ramirez)(Quat, Kenneth) (Entered: 10/17/2018)

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  • 10/09/2018
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  • (#3) Summons Issued as to Post Consumer Brands, LLC. 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) (Entered: 10/09/2018)

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  • 10/09/2018
  • (#2) 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. (Finn, Mary) (Entered: 10/09/2018)

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  • 10/05/2018
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  • (#1) COMPLAINT against Post Consumer Brands, LLC Filing fee: $ 400, receipt number 0101-7354686 (Fee Status: Filing Fee paid), filed by Anita S. Lima, Susan Wrublewski. (Attachments: #1 Civil Cover Sheet)(Quat, Kenneth) (Entered: 10/05/2018)

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