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This case was last updated from PACER on 09/04/2014 at 01:35:49 (UTC).

Bates v. Kashi Company et al

Case Summary

On 08/24/2011 Bates filed a Property - Personal Property Fraud lawsuit against Kashi Company. This case was filed in U.S. District Courts, California Southern District. The Judges overseeing this case are Bernard G. Skomal and Marilyn L. Huff. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:11-CV-01967

  • Filing Date:

    08/24/2011

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Personal Property Fraud

  • Court:

    U.S. District Courts

  • Courthouse:

    California Southern District

Judge Details

Referral Judge

Bernard G. Skomal

Presiding Judge

Marilyn L. Huff

 

Party Details

Plaintiffs

Skye Astiana

Milan Babic

Rosaclaire Baisinger

Michael Bates

Timothy Bolick

Joe Chatham

James Colucci

Tamara Diaz

Martha Espinola

Vanessa Gibson

Tamar Larsen

Mary Littlehale

Kimberly S. Sethavanish

Defendants

Bear Naked, Inc.

DOES 1-100

David Denholm

David Desouza

Kashi Company

Kashi Sales LLC

Kellogg Company

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

David E Bower

Attorney at Faruqi & Faruqi, LLP

10866 Wilshire Blvd., Suite 1470

Los Angeles, CA 90024

Michael David Braun

Attorney at Braun Law Group PC

10680 West Pico Boulevard, Suite 280

Los Angeles, CA 90064

Joseph N. Kravec, Jr.

Attorney at Feinstein, Doyle, Payne & Kravec, LLC

429 Forbes Avenue, 17Th Floor, Allegheny Building

Pittsburgh, PA 15219

Wyatt A. Lison

Attorney at Feinstein, Doyle, Payne & Kravec, LLC

429 Forbes Avenue, 17Th Floor, Allegheny Building

Pittsburgh, PA 15219

Janet Lindner Spielberg

Attorney at Law Office of Janet Lindner Spielberg

12400 Wilshire Boulevard, Suite 400

Los Angeles, CA 90025

Maureen Davidson-Welling

429 Forbes Avenue, 1616 Allegheny Building

Pittsburgh, PA 15219

Vahn Alexander

Attorney at The Alexander Firm P.C. - A Professional Law Corporation

1875 Century Park East, Suite 700

Los Angeles, CA 90067

Rosemary M. Rivas

Attorney at Finkelstein Thompson, LLP

505 Montgomery Street, Suite 300

San Francisco, CA 94111

David Joshua Staub

Attorney at Wirtz Hellenkamp

12760 High Bluff Drive, Suite 300

San Diego, CA 92130

Jason S Hartley

Attorney at Stueve Siegel Hanson, LLP

550 West C Street, Suite 1750

San Diego, CA 92101

Heather M. Baker

Attorney at Kirtland & Packard, LLP

2041 Roscrans Avenue, Third Floor

El Segundo, CA 90245

Andrea Clisura

Attorney at Faruqi & Faruqi, LLP

369 Lexington Avenue, 10Th Floor

New York, NY 10017

James A. Francis

Attorney at Francis & Mailman, PC

100 South Broad Street, 19Th Floor

Philadelphia, PA 19110

Stephen H. Gardner

Attorney at Center for Science in the Public Interest

5646 Milton Street, Suite 714

Dallas, TX 75206

Yvette Golan

Attorney at The Golan Firm

1919 Decatur Street

Houston, TX 77007

Shirish Gupta

Attorney at Law Office of Shirish Gupta

1900 South Norfolk Street, Suite 350

San Mateo, CA 94403-1171

Shane T. Rowley

Attorney at Farugi and Farugi LLP

369 Lexington Avenue

New York, NY 10017

David A. Searles

Attorney at Francis and Mailman, P.C.

100 South Broad Street, 19Th Floor

Philadelphia, PA 19110

Antonio Vozzolo

Attorney at Faruqi & Faruqi LLP

369 Lexington Avenue, 10Th Floor

New York, NY 10017

David H Berg

Attorney at Berg & Androphy

3704 Travis Street

Houston, TX 77002

11 More Attorneys Available

 

Court Documents

1 #12

Exhibit 11

1 #9

Exhibit 8

1 #7

Exhibit 6

1 #6

Exhibit 5

1 #5

Exhibit 4

1 #4

Exhibit 3

1 #3

Exhibit 2

1 #2

Exhibit 1

#1

(#1) COMPLAINT with Jury Demand against DOES, David Denholm, David Desouza, Kashi Company, Kellogg Company ( Filing fee $ 350 receipt number 0974-3896218.), filed by Michael Bates. (Attachments: #1 Exhibit Table Of Contents, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Civil Cover Sheet)The new case number is 3:11-cv-1967-H-BGS. Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal are assigned to the case. (Gupta, Shirish)(yeb) (av1). (Entered: 08/26/2011)

229 #12

Exhibit J

229 #11

Exhibit I

229 #6

Exhibit D

229 #5

Exhibit C

229 #4

Exhibit B

229 #3

Exhibit A

229 #2

Declaration Antonio Vozzolo

229 #1

Memo of Points and Authorities

#242

(#242) FINAL JUDGMENT AND ORDER: 1) Certifying Settlement Class; 2) Granting Final Approval of Class Settlement; 3) Approving Plaintiffs' Request for Attorneys' Fees, Costs and Incentive Award. Signed by Judge Marilyn L. Huff on 09/02/2014.(All non-registered users served via U.S. Mail Service)(ag) (Entered: 09/02/2014)

554 More Documents Available

 

Docket Entries

  • 09/02/2014
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  • (#242) FINAL JUDGMENT AND ORDER: 1) Certifying Settlement Class; 2) Granting Final Approval of Class Settlement; 3) Approving Plaintiffs' Request for Attorneys' Fees, Costs and Incentive Award. Signed by Judge Marilyn L. Huff on 09/02/2014.(All non-registered users served via U.S. Mail Service)(ag) (Entered: 09/02/2014)

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  • 09/02/2014
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  • (#241) Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Fairness Hearing and Motion Hearing held on 9/2/2014. The Court GRANTS the #229 MOTION for Settlement Final Approval of Class Action Settlement and Certification of California Settlement Class filed by Milan Babic, Tamar Larsen, Skye Astiana, Kimberly S. Sethavanish, Tamara Diaz and GRANTS the #230 MOTION for Attorney Fees Costs, Expenses and Incentive Awards to Class Representatives filed by Milan Babic, Tamar Larsen, Skye Astiana, Kimberly S. Sethavanish, Tamara Diaz. The Court will issue a written order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Joseph N. Kravec; Antonio Vozzolo; Rosemary M. Rivas; Michael David Braun; Marc L. Godino). (Defendant Attorney Dean Nicholas Panos). (All non-registered users served via U.S. Mail Service)(no document attached) (smy) Modified on 9/2/2014 to indicate Fairness Hearing was also held (smy). (Entered: 09/02/2014)

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  • 08/29/2014
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  • (#239) ORDER granting Plaintiff's #236 Motion to File Documents Under Seal. Court grants Pla's request to file documents under seal without prejudice to Court modifying this Order at a later time. Signed by Judge Marilyn L. Huff on 8/29/2014. (All non-registered users served via U.S. Mail Service) (jah). Modified on 8/29/2014 - Edited text. Regenerated NEF (jah). (Entered: 08/29/2014)

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  • 08/28/2014
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  • (#238) RESPONSE in Support re #229 MOTION for Settlement Final Approval of Class Action Settlement and Certification of California Settlement Class Plaintiffs' Supplemental Brief in Further Support of Final Approval of Class Action Settlement and Response to Objections (REDACTED) filed by Skye Astiana, Milan Babic, Tamara Diaz, Tamar Larsen, Kimberly S. Sethavanish. (Attachments: #1 Declaration of Joseph N. Kravec, Jr. (REDACTED), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - Cover page only, #13 Declaration Supplemental Declaration of Jennifer M. Keough)(Bower, David) (ag). (Entered: 08/28/2014)

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  • 08/28/2014
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  • (#237) [FILED AS SEALED DOCUMENT ON 8/29/2014) - SEALED LODGED Proposed Document re: #236 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Bower, David). (jah). (Main Document 237 replaced on 8/29/2014) (jah). Modified on 8/29/2014 - Added file date of lodgment (jah). (Entered: 08/28/2014)

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  • 08/28/2014
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  • (#236) MOTION to File Documents Under Seal (Bower, David). (jah). (Entered: 08/28/2014)

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  • 08/07/2014
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  • (#235) OBJECTION re #229 MOTION for Settlement Final Approval of Class Action Settlement and Certification of California Settlement Class Nunc pro tunc 08/04/2014. (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 08/08/2014)

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  • 08/07/2014
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  • (#234) Notice of Document Discrepancies by Judge Marilyn L. Huff Rejecting Document: Class Member Objection to Class Settlement and Request for Attorneys Fees. Non-compliance with local rule(s), OTHER: not a party to the case. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1.. Signed by Judge Marilyn L. Huff on 08/07/2014.(All non-registered users served via U.S. Mail Service)(yeb) (Entered: 08/08/2014)

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  • 08/06/2014
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  • (#233) OBJECTION re #229 MOTION for Settlement Final Approval of Class Action Settlement and Certification of California Settlement Class (All non-registered users served via U.S. Mail Service)(yeb) (Entered: 08/08/2014)

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  • 08/01/2014
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  • (#232) OBJECTION by Rhadiante Van de Voorde re #229 MOTION for Settlement Final Approval of Class Action Settlement and Certification of California Settlement Class (Kron, Scott) (Entered: 08/01/2014)

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212 More Docket Entries
  • 10/19/2011
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  • (#10) ORDER TO SHOW CAUSE Why the Court Should Not Consolidate Cases: Order to Show Cause Response due by 11/14/2011. Signed by Judge Marilyn L. Huff on 10/19/2011.(ag)(jrd) (Entered: 10/20/2011)

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  • 10/17/2011
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  • (#7) NOTICE OF RELATED CASE(S) by Michael Bates of case(s) 11-2367 Baisinger v. Kashi Co. (Gupta, Shirish) Modified on 10/18/2011 to note that no low number order was prepared. Proposed Low Number Order already prepared per Civil Cover Sheet on case number 11-CV-2367 (ag). (Entered: 10/17/2011)

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  • 10/12/2011
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  • (#9) PRO HAC VICE APPOINTED: Richard P Steinken appearing for Defendants DOES, David Denholm, David Desouza, Kashi Company, Kellogg Company (All non-registered users served via U.S. Mail Service)(ag)(jrd) (Entered: 10/17/2011)

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  • 10/12/2011
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  • (#8) PRO HAC VICE APPOINTED: Dean Nicholas Panos appearing for Defendants DOES, David Denholm, David Desouza, Kashi Company, Kellogg Company (All non-registered users served via U.S. Mail Service)(ag)(jrd) (Entered: 10/17/2011)

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  • 10/04/2011
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  • (#6) NOTICE of Appearance by Kenneth Kiyul Lee on behalf of DOES, David Denholm, David Desouza, Kashi Company, Kellogg Company (Lee, Kenneth) (ag). (Entered: 10/04/2011)

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  • 09/23/2011
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  • (#5) PRO HAC VICE APPOINTED: Yvette Golan appearing for Plaintiff Michael Bates (All non-registered users served via U.S. Mail Service)(ag)(jrd) (Entered: 09/26/2011)

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  • 09/12/2011
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  • (#4) SUMMONS Returned Executed by Michael Bates. (Gupta, Shirish) (ag). (Entered: 09/12/2011)

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  • 09/12/2011
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  • (#3) WAIVER OF SERVICE Returned Executed by Michael Bates. David Denholm waiver sent on 8/31/2011, answer due 10/31/2011; David Desouza waiver sent on 8/31/2011, answer due 10/31/2011; Kashi Company waiver sent on 8/31/2011, answer due 10/31/2011; Kellogg Company waiver sent on 8/31/2011, answer due 10/31/2011. (Gupta, Shirish) (ag). (Entered: 09/12/2011)

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  • 08/26/2011
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  • (#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (yeb) (av1). (Entered: 08/26/2011)

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  • 08/24/2011
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  • (#1) COMPLAINT with Jury Demand against DOES, David Denholm, David Desouza, Kashi Company, Kellogg Company ( Filing fee $ 350 receipt number 0974-3896218.), filed by Michael Bates. (Attachments: #1 Exhibit Table Of Contents, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Civil Cover Sheet)The new case number is 3:11-cv-1967-H-BGS. Judge Marilyn L. Huff and Magistrate Judge Bernard G. Skomal are assigned to the case. (Gupta, Shirish)(yeb) (av1). (Entered: 08/26/2011)

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