Murphy et al v. Olly Public Benefit Corporation

Docket(#1) CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against Olly Public Benefit Corporation, (Filing Fee: $402.00, receipt number ACANDC-17295611). Filed by Hope Murphy, Carol Lesh. (Attachments: #(1) Civil Cover Sheet)(Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

Docket(#2) Proposed Summons. (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

Docket(#3) CERTIFICATION OF INTERESTED ENTITIES OR PERSONS filed by Carol Lesh, Hope Murphy (Jacobson, Jonas) (Filed on 6/24/2022) (Entered: 06/24/2022)

Docket(#4) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/11/2022. (ark, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/28/2022. Initial Case Management Conference set for 10/5/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

Docket(#6) Summons Issued as to Olly Public Benefit Corporation. (slh, COURT STAFF) (Filed on 6/27/2022) (Entered: 06/27/2022)

Docket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carol Lesh, Hope Murphy.. (Jacobson, Jonas) (Filed on 6/28/2022) (Entered: 06/28/2022)

Docket(#8) SUMMONS Returned Executed by Hope Murphy, Carol Lesh. Olly Public Benefit Corporation served on 7/1/2022, answer due 7/22/2022. (Jacobson, Jonas) (Filed on 7/6/2022) (Entered: 07/06/2022)

Docket(#9) NOTICE of Appearance by Claudia Maria Vetesi on behalf of Defendant Olly Public Benefit Corporation (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#10) NOTICE of Appearance by Nicole V. Ozeran on behalf of Defendant Olly Public Benefit Corporation (Ozeran, Nicole) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#11) STIPULATION to Extend Time for Defendant Olly Public Benefit Corporation to Respond to re #1 Initial Complaint by Thirty (30) Days filed by Olly Public Benefit Corporation. (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#12) Certificate of Interested Parties filed filed by Olly Public Benefit Corporation identifying Corporate Parent Unilever United States, Inc., Corporate Parent UNUS Holding B.V., Corporate Parent Unilever PLC, Corporate Parent Unilever US Investments Limited, Corporate Parent Unilever US Investments B.V., Corporate Parent Conopco, Inc. for Olly Public Benefit Corporation. (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#13) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Olly Public Benefit Corporation.. (Vetesi, Claudia) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#14) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 7/22/2022) (Entered: 07/22/2022)

Docket(#15) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 07/25/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 7/25/2022) (Entered: 07/25/2022)

Docket(#16) CLERK'S NOTICE: A Joint Case Management Statement due by 12/2/2022. Initial Case Management Conference set for 12/9/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/25/2022) (Entered: 07/25/2022)

Docket(#17) FIRST AMENDED COMPLAINT against Olly Public Benefit Corporation. Filed by Hope Murphy, Carol Lesh, Emily Jiang. (Attachments: #1 Exhibit 1 (Olly Melatonin Products), #2 Exhibit 2 (Redline version), #3 Declaration Murphy CLRA Venue Decl., #4 Declaration Lesh CLRA Venue Decl.)(Jacobson, Jonas) (Filed on 8/8/2022) Modified on 8/9/2022 (slh, COURT STAFF). (Entered: 08/08/2022)

Docket(#18) STIPULATION WITH PROPOSED ORDER to Extend Time for Defendant Olly Public Benefit Corporation to Respond to Initial Complaint by Twenty-One (21) Days and to Extend Briefing Schedule filed by Olly Public Benefit Corporation. (Attachments: #1 Proposed Order Granting Joint Stipulation to Extend Briefing Schedule)(Vetesi, Claudia) (Filed on 8/15/2022) (Entered: 08/15/2022)

Docket(#19) STIPULATION AND ORDER to Extend Time for Defendant Olly Public Benefit Corporation to Respond to Initial Complaint by Twenty-One (21) Days and to Extend Briefing Schedule by Judge Charles R. Breyer: Granting #18 Stipulation. (ls, COURT STAFF) (Filed on 8/16/2022) (Entered: 08/16/2022)

Docket(#20) NOTICE of Appearance by Lydia Davenport on behalf of Defendant Olly Public Benefit Corporation (Davenport, Lydia) (Filed on 9/9/2022) (Entered: 09/09/2022)

Docket(#21) MOTION to Dismiss Plaintiffs First Amended Complaint filed by Olly Public Benefit Corporation. Motion Hearing set for 11/18/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 10/17/26/2022. Replies due by 10/31/2022. (Attachments: #1 Declaration of Claudia Vetesi, #2 Declaration of Vonnie Jeter, #3 Proposed Order Granting Motion to Dismiss)(Vetesi, Claudia) (Filed on 9/12/2022) Modified on 9/13/2022 (tn, COURT STAFF). (Entered: 09/12/2022)

Docket(#22) Request for Judicial Notice re #21 MOTION to Dismiss Plaintiffs First Amended Complaint filed byOlly Public Benefit Corporation. (Attachments: #1 Proposed Order Granting Request for Judicial Notice)(Related document(s) #21 ) (Vetesi, Claudia) (Filed on 9/12/2022) (Entered: 09/12/2022)

Docket(#23) STIPULATION WITH PROPOSED ORDER REGARDING LEAVE TO FILE SECOND AMENDED COMPLAINT AND RELATED BRIEFING SCHEDULE filed by Emily Jiang, Carol Lesh, Hope Murphy. (Attachments: #1 Proposed Order)(Jacobson, Jonas) (Filed on 9/27/2022) (Entered: 09/27/2022)

Docket(#24) STIPULATION AND ORDER REGARDING LEAVE TO FILE SECOND AMENDED COMPLAINT AND RELATED BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting #23 Stipulation. (ls, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)

Docket(#25) STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Case Management Conference, Proposed Order filed by Olly Public Benefit Corporation. (Attachments: #1 Proposed Order)(Vetesi, Claudia) (Filed on 10/10/2022) (Entered: 10/10/2022)

Docket(#26) STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE by Judge Charles R. Breyer: Granting #25 Stipulation. A Joint Case Management Statement due by 2/17/2023. Initial Case Management Conference set for 2/24/2023 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (ls, COURT STAFF) (Filed on 10/11/2022) (Entered: 10/11/2022)

Docket(#27) SECOND AMENDED COMPLAINT against Olly Public Benefit Corporation. Filed by Hope Murphy, Emily Jiang, Carol Lesh. (Attachments: #1 Exhibit Redline version)(Jacobson, Jonas) (Filed on 10/12/2022) (Entered: 10/12/2022)

Docket(#28) CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion to Dismiss Plaintiffs First Amended ComplaintHearing set for 11/18/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than November 15, 2022.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 11/18/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 10/20/2022) (Entered: 10/20/2022)

Docket(#29) CLERK'S NOTICE VACATING Motion to Dismiss Plaintiffs First Amended Complaint Hearing set for November 18, 2022 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 10/20/2022) (Entered: 10/20/2022)

Docket(#30) MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Olly Public Benefit Corporation. Motion Hearing set for 1/13/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 11/21/2022. Replies due by 11/28/2022. (Attachments: #1 Declaration of Claudia M. Vetesi, #2 Proposed Order Granting Motion to Dismiss)(Vetesi, Claudia) (Filed on 11/7/2022) (Entered: 11/07/2022)

Docket(#31) Request for Judicial Notice re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed byOlly Public Benefit Corporation. (Attachments: #1 Proposed Order Granting Request for Judicial Notice)(Related document(s) #30 ) (Vetesi, Claudia) (Filed on 11/7/2022) (Entered: 11/07/2022)

Docket(#32) Correction of Opposition/Response or Reply Deadlines pertaining to #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Reason: Correcting an error) filed byOlly Public Benefit Corporation. Responses due by 11/30/2022. Replies due by 12/21/2022. (Vetesi, Claudia) (Filed on 11/8/2022) (Entered: 11/08/2022)

Docket(#33) STIPULATION WITH PROPOSED ORDER Re: Page Enlargements filed by Emily Jiang, Carol Lesh, Hope Murphy. (Jacobson, Jonas) (Filed on 11/22/2022) (Entered: 11/22/2022)

Docket(#34) STIPULATION AND ORDER RE PAGE ENLARGEMENT by Judge Charles R. Breyer: Granting #33 Stipulation. (ls, COURT STAFF) (Filed on 11/28/2022) (Entered: 11/28/2022)

Docket(#35) OPPOSITION/RESPONSE (re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byEmily Jiang, Carol Lesh, Hope Murphy. (Attachments: #1 Proposed Order)(Jacobson, Jonas) (Filed on 11/30/2022) (Entered: 11/30/2022)

Docket(#36) Statement of Non-Opposition re #31 Request for Judicial Notice, filed byEmily Jiang, Carol Lesh, Hope Murphy. (Related document(s) #31 ) (Jacobson, Jonas) (Filed on 11/30/2022) (Entered: 11/30/2022)

Docket(#37) CLERK'S NOTICE RE: MOTION to Dismiss Plaintiffs' Second Amended Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 1/13/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participati ng in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than January 10, 2023 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/13/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 12/12/2022) (Entered: 12/12/2022)

Docket(#38) NOTICE of Appearance by Joanne Bui (Bui, Joanne) (Filed on 12/13/2022) (Entered: 12/13/2022)

Docket(#39) REPLY (re #30 MOTION to Dismiss Plaintiffs' Second Amended Complaint ) filed byOlly Public Benefit Corporation. (Vetesi, Claudia) (Filed on 12/21/2022) (Entered: 12/21/2022)

Docket(#40) CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for January 13, 2023 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 1/12/2023) (Entered: 01/12/2023)

Docket(#41) ORDER by Judge Charles R. Breyer granting in part and denying in part #30 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 1/17/2023) (Entered: 01/17/2023)