This case was last updated from U.S. District Courts on 01/17/2022 at 07:04:11 (UTC).

Michelle McCoy et al v. Gerber Products Company et al

Case Summary

On 11/18/2021 Michelle McCoy filed a Contract - Other Contract lawsuit against Gerber Products Company. This case was filed in U.S. District Courts, Virginia Eastern District. The Judges overseeing this case are Anthony J Trenga, Liam O'Grady and Theresa Carroll Buchanan. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01277

  • Filing Date:

    11/18/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Referral Judge

Theresa Carroll Buchanan

Presiding Judges

Anthony J Trenga

Liam O'Grady

 

Party Details

Plaintiffs

Michelle McCoy

Kermit McCoy

Defendants

Gerber Products Company

Nestle Healthcare Nutrition, Inc.

Does 1 through 50, inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Joshua D Boxer

Attorney at Matern Law Group PC

1230 Rosecrans Avenue Suite 200

Manhattan Beach, CA 90266

Matthew John Matern

Attorney at Matern Law Group PC

1230 Rosecrans Avenue Suite 200

Manhattan Beach, CA 90266

Mikael Hans Stahle

Attorney at Matern Law Group PC

1230 Rosecrans Avenue Suite 200

Manhattan Beach, CA 90266

Scott Ashford Brooks

Attorney at Matern Law Group PC

1230 Rosecrans Avenue Suite 200

Manhattan Beach, CA 90266

Defendant Attorneys

Catherine S. Simonsen

Attorney at White and Case LLP

555 South Flower Street Suite 2700

Los Angeles, CA 90071-2433

Bryan A Merryman

Attorney at White & Case LLP (CA- NA)

555 South Flower Street, Suite 2700

Los Angeles, CA 90071

 

Court Documents

16 #1

*Restricted*

#16

(#16) Case transferred in from District of California Central; Case Number 2:21-cv-07568. Original file and docket sheet received. (Entered: 11/18/2021)

#15

(#15) ORDER GRANTING STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA by Judge Michael W. Fitzgerald, re Stipulation to Change Venue #14 . ORDER by Judge Michael W. The Court, having read and considered the Stipulation to Transfer Venue to the United States District Court for the Eastern District of Virginia, hereby finds good cause exists to transfer this action to the United States District Court for the Eastern District of Virginia before the Honorable Liam O'Grady in Master File No. 1:21-cv-0269-LO-TCB. [Case transferred electronically on 11/17/2021] (MD JS-6. Case Terminated.) (mrgo) [Transferred from California Central on 11/18/2021.] (Entered: 11/17/2021)

14 #1

Proposed Order

#14

(#14) STIPULATION to Change Venue to U.S. District Court Eastern District of Virginia filed by Defendant Gerber Products Company, Nestle Healthcare Nutrition, Inc.. (Attachments: #1 Proposed Order)(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 11/16/2021)

#13

(#13) ORDER ENTERING SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #12 by Judge Michael W. Fitzgerald. The Court hereby finds good cause exists to extend Defendants' deadline to move, plead, or otherwise respond to the Complaint to November 19, 2021. IT IS SO ORDERED. (lom) [Transferred from California Central on 11/18/2021.] (Entered: 10/26/2021)

12 #1

Proposed Order

#12

(#12) Second STIPULATION Extending Time to Answer the complaint as to Nestle Healthcare Nutrition, Inc. answer now due 11/19/2021; Gerber Products Company answer now due 11/19/2021, filed by Defendant Nestle Healthcare Nutrition, Inc.; Gerber Products Company. (Attachments: #1 Proposed Order)(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 10/25/2021)

#11

(#11) STIPULATION Extending Time to Answer the complaint as to Nestle Healthcare Nutrition, Inc. answer now due 10/29/2021; Gerber Products Company answer now due 10/29/2021, filed by Defendants Nestle Healthcare Nutrition, Inc.; Gerber Products Company.(Attorney Bryan A Merryman added to party Nestle Healthcare Nutrition, Inc.(pty:dft))(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/28/2021)

#10

(#10) PROOF OF SERVICE filed by Defendant Gerber Products Company, served on 09/23/21. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/23/2021)

#9

(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#8

(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#7

(#7) NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Charles F. Eick. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#6

(#6) PROOF OF SERVICE filed by Defendant Gerber Products Company, re Notice (Other) #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Corporate Disclosure Statement #4 , Civil Cover Sheet (CV-71) #2 served on 09/22/21. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#5

(#5) NOTICE to Adverse Parties of Removal of Action to Federal Court filed by Defendant Gerber Products Company. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#3

(#3) NOTICE of Interested Parties filed by Defendant Gerber Products Company, identifying Gerber Products Company, Nestle Healthcare Nutrition, Inc.. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

#2

(#2) CIVIL COVER SHEET filed by Defendant Gerber Products Company. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

1 #1

Exhibit A

13 More Documents Available

 

Docket Entries

  • 11/19/2021
  • DocketCase reassigned to District Judge Liam O'Grady. District Judge Anthony J Trenga no longer assigned to the case. (dest) (Entered: 11/19/2021)

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  • 11/18/2021
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  • Docket(#16) Case transferred in from District of California Central; Case Number 2:21-cv-07568. Original file and docket sheet received. (Entered: 11/18/2021)

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  • 11/17/2021
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  • Docket(#15) ORDER GRANTING STIPULATION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA by Judge Michael W. Fitzgerald, re Stipulation to Change Venue #14 . ORDER by Judge Michael W. The Court, having read and considered the Stipulation to Transfer Venue to the United States District Court for the Eastern District of Virginia, hereby finds good cause exists to transfer this action to the United States District Court for the Eastern District of Virginia before the Honorable Liam O'Grady in Master File No. 1:21-cv-0269-LO-TCB. [Case transferred electronically on 11/17/2021] (MD JS-6. Case Terminated.) (mrgo) [Transferred from California Central on 11/18/2021.] (Entered: 11/17/2021)

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  • 11/16/2021
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  • Docket(#14) STIPULATION to Change Venue to U.S. District Court Eastern District of Virginia filed by Defendant Gerber Products Company, Nestle Healthcare Nutrition, Inc.. (Attachments: #1 Proposed Order)(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 11/16/2021)

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  • 10/26/2021
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  • Docket(#13) ORDER ENTERING SECOND STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT #12 by Judge Michael W. Fitzgerald. The Court hereby finds good cause exists to extend Defendants' deadline to move, plead, or otherwise respond to the Complaint to November 19, 2021. IT IS SO ORDERED. (lom) [Transferred from California Central on 11/18/2021.] (Entered: 10/26/2021)

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  • 10/25/2021
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  • Docket(#12) Second STIPULATION Extending Time to Answer the complaint as to Nestle Healthcare Nutrition, Inc. answer now due 11/19/2021; Gerber Products Company answer now due 11/19/2021, filed by Defendant Nestle Healthcare Nutrition, Inc.; Gerber Products Company. (Attachments: #1 Proposed Order)(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 10/25/2021)

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  • 09/28/2021
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  • Docket(#11) STIPULATION Extending Time to Answer the complaint as to Nestle Healthcare Nutrition, Inc. answer now due 10/29/2021; Gerber Products Company answer now due 10/29/2021, filed by Defendants Nestle Healthcare Nutrition, Inc.; Gerber Products Company.(Attorney Bryan A Merryman added to party Nestle Healthcare Nutrition, Inc.(pty:dft))(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/28/2021)

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  • 09/23/2021
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  • Docket(#10) PROOF OF SERVICE filed by Defendant Gerber Products Company, served on 09/23/21. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/23/2021)

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  • 09/22/2021
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  • Docket(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#7) NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Charles F. Eick. (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
  • DocketCONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Michelle McCoy, Kermit McCoy, upon Defendant Gerber Products Company served on 8/24/2021. Service of the Summons and Complaint were executed upon CSC, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (filed in state court 8/25/2021, submitted as document 1, attachment 1, p. 31) (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
  • DocketCONFORMED COPY OF COMPLAINT against defendants Does, Gerber Products Company, Nestle Healthcare Nutrition, Inc., Jury Demanded, filed by plaintiffs Michelle McCoy, Kermit McCoy. (filed in state court 8/17/2021, submitted as document1, attachment 1) (esa) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#6) PROOF OF SERVICE filed by Defendant Gerber Products Company, re Notice (Other) #5 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #3 , Corporate Disclosure Statement #4 , Civil Cover Sheet (CV-71) #2 served on 09/22/21. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#5) NOTICE to Adverse Parties of Removal of Action to Federal Court filed by Defendant Gerber Products Company. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT filed by Defendant Gerber Products Company identifying Nestle S.A. as Corporate Parent. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Defendant Gerber Products Company, identifying Gerber Products Company, Nestle Healthcare Nutrition, Inc.. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Defendant Gerber Products Company. (Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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  • 09/22/2021
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  • Docket(#1) NOTICE OF REMOVAL from Superior Court for the State of California County of Los Angeles, case number 21STCV30309 Receipt No: ACACDC-32026500 - Fee: $402, filed by Defendant Gerber Products Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Bryan A Merryman added to party Gerber Products Company(pty:dft))(Merryman, Bryan) [Transferred from California Central on 11/18/2021.] (Entered: 09/22/2021)

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