Lisa Kim Madrigual v. Hint, Inc. et al

California Central District Court
Judge:	Virginia A Phillips
Referred:	Michael R Wilner
Case #:	2:17-cv-02095
Nature of Suit	370 Torts - Personal Property - Other Fraud
Cause	28:1441 Notice of Removal - Fraud

Case Filed:	Mar 16, 2017
Terminated:	Dec 19, 2017

Docket
Parties (3)

Last checked: Tuesday Sep 12, 2017 2:09 AM PDT

Defendant Hint, Inc.	Represented By Matthew R Orr Call And Jensen contact info William P Cole Call And Jensen Apc contact info Joshua G Simon Call And Jensen contact info Natalie L Arbaugh Winston And Strawn LLP contact info Shawn R Obi Winston And Strawn LLP contact info Jeffrey Scott Wilkerson Winston And Strawn LLP contact info Amanda L Groves Winston And Strawn LLP contact info
Defendant Does
Plaintiff Madrigal Kim Lisa	Represented By Joseph S Farzam Joseph Farzam Law Firm Aplc contact info Matthew G Evans Joseph Farzam Law Firm contact info

Docket last updated: 11 hours ago

Tuesday, December 19, 2017
46		46 order Stipulation and Order ~Util - Terminate Civil Case Wed 12/20 10:11 AM ORDER GRANTING STIPULATION TO DISMISS ACTION45 by Judge Virginia A. Phillips. This Action is hereby DISMISSED with prejudice pursuant to the stipulation ofthe parties. The Clerk of Court is instructed to close the case. (Made JS-6. Case Terminated.) (ab) Related: [-]
Friday, December 15, 2017
45		45 stip Dismiss Case Fri 12/15 1:43 PM Joint STIPULATION to Dismiss Case pursuant to FRCP 41(a)(2) filed by plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Proposed Order Proposed Order Granting Stipulation
Thursday, December 14, 2017
44		44 order Judgment on the Pleadings Thu 12/14 3:51 PM MINUTES (IN CHAMBERS) ORDER RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO.34 ) by Judge Virginia A. Phillips. On October 23, 2017, Defendant filed a Motion for Judgment on the Pleadings. (Doc. No.34 (Motion or Mot.).) Plaintiff timely opposed the Motion, (Doc. No.35 (Opposition or Oppn), and Defendant replied, (Doc. No.38 ). After considering allpapers filed in support of and in opposition to the Motion, the Court DENIESDefendants Motion in part and GRANTS Defendants Motion in part. (SEE DOCUMENT FOR FURTHER DETAILS). For the foregoing reasons, the Court: GRANTS Defendants Motion as to Plaintiffs UCL claims (Claims One, Two, and Three) without leave to amend; GRANTS Defendants Motion as to Plaintiffs FAL claims (Claims Four and Five) without leave to amend; DENIES Defendants Motion insofar as Plaintiffs CLRA claim (Claim Six) seeks damages, and GRANTS Defendants Motion insofar as Plaintiffs CLRA claim seeks equitable relief; GRANTS Defendants Motion as to Plaintiffs unjust enrichment claim (Claim Seven) without leave to amend; DENIES Defendants Motion as to Plaintiffs breach of express warrantyclaim, (Claim Eight); GRANTS Defendants Motion as to Plaintiffs negligent misrepresentation claim (Claim Nine) with leave to amend; DENIES Defendants Motion as to Plaintiffs breach of contract claim (Claim Ten); and DENIES Defendants request to strike paragraph 55(a) of the Complaint. Plaintiffs First Amended Complaint, should Plaintiff choose to file one, must be filed by January 3, 2018. IT IS SO ORDERED. (ab) Related: [-]
Friday, December 08, 2017
43		43 textonly Text Only Scheduling Notice Fri 12/08 9:40 AM (IN CHAMBERS) ORDER TAKING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE, TO STRIKE OFF CALENDAR AND UNDER SUBMISSION by Judge Virginia A. Phillips. The Court finds that Defendant's Motion for Judgment on the Pleadings, or in the Alternative, to Strike ("Motion") (Dkt.34 ) currently scheduled for hearing on December 11, 2017, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the Motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) Related: [-]
Tuesday, November 21, 2017
42		42 order Protective Order Tue 11/21 1:16 PM PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, re: Stipulation for Protective Order,41 . (mz) Related: [-]
Monday, November 20, 2017
41		41 stip Protective Order Mon 11/20 10:10 AM STIPULATION for Protective Order filed by Defendant Hint, Inc..(Groves, Amanda) Related: [-]
Monday, November 13, 2017
40		40 2 pgs order Order ~Util - Set/Reset Motion Hearing and R&R Deadlines Mon 11/13 5:41 PM ORDER ON JOINT STIPULATION TO CONTINUE HEARING OF DEFENDANT'S MOTION FOR JUDGMENT ON THEPLEADINGS by Judge Virginia A. Phillips, re Stipulation to Continue39 : NOTE: CHANGES MADE BY THE COURT. Having considered the Stipulation by the parties and good cause appearing therefore, IT IS HEREBY ORDERED that the Hearing of Defendant's Motion, which is currently scheduled for November 20, 2017 at 2:00 p.m., is continued to either: December 11, 2017 at 2:00 p.m. (bm) Related: [-]
Thursday, November 09, 2017
39		39 stip Continue Thu 11/09 9:53 AM Joint STIPULATION to Continue Hearing of Defendant's Motion for Judgment on the Pleadings filed by Defendant Hint, Inc..(Groves, Amanda) Related: [-]
		Att: 1 Proposed Order
Monday, November 06, 2017
38		38 respm Reply (Motion related) Mon 11/06 12:28 PM REPLY in support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to each and every one of Plaintiff's causes of action 34 filed by Defendant Hint, Inc.. (Groves, Amanda) Related: [-]
Monday, October 30, 2017
37		37 respm Motion Related Document Mon 10/30 12:56 PM PLAINTIFF'S NOTICE OF LODGING PROPOSED ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to each and every one of Plaintiff's causes of action 34 filed by Plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Exhibit 1: Proposed Order
36		36 misc For Judicial Notice Mon 10/30 12:40 PM REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to each and every one of Plaintiff's causes of action 34 In Support of Plaintiff's Opposition to Defendant's Motion for Judgment on the Pleadings filed by Plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Exhibit 1: Complaint
35		35 respm Response in Opposition to Motion Mon 10/30 12:38 PM OPPOSITION to NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to each and every one of Plaintiff's causes of action 34 filed by Plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Exhibit 1: Complaint
Monday, October 23, 2017
34		34 motion Judgment on the Pleadings Mon 10/23 3:29 PM NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to each and every one of Plaintiff's causes of action filed by defendant Hint, Inc.. Motion set for hearing on 11/20/2017 at 02:00 PM before Judge Virginia A. Phillips. (Wilkerson, Jeffrey) Related: [-]
		Att: 1 Proposed Order
Wednesday, October 11, 2017
33		33 2 pgs order Order ~Util - Set/Reset Deadlines/Hearings Wed 10/11 4:57 PM ORDER ON STIPULATION TO EXTEND DEADLINE TO CONDUCT SETTLEMENT CONFERENCE by Judge Virginia A. Phillips, re Stipulation to Continue,32 : Pursuant to the parties' stipulation, and for good cause shown, the deadline to conduct a settlement conference is extended from October 13, 2017 to February 2, 2018. (bm) Related: [-]
Tuesday, October 10, 2017
32		32 stip Continue Tue 10/10 3:06 PM First STIPULATION to Continue deadline to conduct settlement conference from October 13, 2017 to February 2, 2018 filed by plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Declaration Evans Declaration Re: Good Cause To Grant Sipulation,
		Att: 2 Proposed Order Proposed Order Granting Stipulation
Wednesday, September 06, 2017
31		31 notice Appearance Wed 09/06 6:37 AM NOTICE of Appearance filed by attorney Jeffrey Scott Wilkerson on behalf of Defendant Hint, Inc. (Attorney Jeffrey Scott Wilkerson added to party Hint, Inc.(pty:dft))(Wilkerson, Jeffrey) Related: [-]
Friday, August 25, 2017
30		30 order Substitute Attorney Mon 08/28 9:35 AM ORDER RE REQUEST FOR APPROVAL OF SUBSTITUTION OF COUNSEL by Judge Virginia A. Phillips granting22 Request to Substitute Attorney: Defendant Hint, Inc. ("Hint'), by and through its respective counsel, has executed and concurrently filed a Request For Approval of Substitution of Counsel. Having considered Hint's Request For Approval of Substitution of Counsel: IT IS HEREBY ORDERED that the Request For Approval of Substitution of Counsel is GRANTED. The law firm Call and Jenson is hereby withdrawn as counsel of record for Hint and Winston and Strawn LLP shall be entered as counsel of record for Hint. (bm) Related: [-]
29		29 order Appear Pro Hac Vice Mon 08/28 9:29 AM ORDER by Judge Virginia A. Phillips: Granting26 Non-Resident Attorney Natalie L. Arbaugh APPLICATION to Appear Pro Hac Vice on behalf of Defendant Hint, Inc., designating Shawn R. Obi as local counsel. (bm) Related: [-]
28		28 2 pgs order Order ~Util - Set/Reset Deadlines/Hearings ~Util - Set/Reset Motion Hearing and R&R Deadlines Mon 08/28 9:26 AM ORDER RE JOINT STIPULATION TO EXTEND EXPERT DISCOVERY AND CLASS CERTIFICATION DEADLINES by Judge Virginia A. Phillips, re Stipulation24 : Plaintiff Lisa Kim Madrigal (Plaintiff) and Defendant Hint, Inc. ("Hint"), by and through their respective counsel, have executed and concurrently filed a Joint Stipulation to Extend Expert Discovery and Class Certification Deadlines. Having considered the Stipulation by the parties and good cause appearing therefore, IT IS HEREBY ORDERED that the expert discovery and class certification deadlines are extended to the following: Deadline for Initial Designation of Expert Witnesses: 12/11/17; Deadline for Rebuttal Designation of Expert Witnesses: 1/03/18; Class Related Discovery Cutoff: 2/13/18; Filing of Class Certification Motion Due: 2/27/18; Class Certification Opposition Date: 4/30/18; Class Certification Reply Date: 5/21/18; Class Certification Motion Hearing Date: 6/11/18 (bm) Related: [-]
Wednesday, August 23, 2017
27		27 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Wed 08/23 3:53 PM RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Natalie L. Arbaugh to Appear Pro Hac Vice on behalf of Defendant Hint, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20384117)23 by Judge Virginia A. Phillips. The document is stricken and counsel is ordered to file an amended or corrected document by Amended document already e-filed as document #26. (ab) Related: [-]
Tuesday, August 22, 2017
26		26 motion Appear Pro Hac Vice (G-64) Tue 08/22 3:01 PM Amended APPLICATION of Non-Resident Attorney Natalie L. Arbaugh to Appear Pro Hac Vice on behalf of Defendant Hint, Inc. (Pro Hac Vice Fee - $325.00 Previously Paid on 8/21/2017, Receipt No. 264D0B6J) filed by Defendant Hint, Inc.. (Obi, Shawn) Related: [-]
		Att: 1 Proposed Order
25		25 notice Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form Tue 08/22 2:15 PM NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Natalie L. Arbaugh to Appear Pro Hac Vice on behalf of Defendant Hint, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20384117)23 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local counsel failed to sign. (lt) Related: [-]
Monday, August 21, 2017
24		24 stip Order Mon 08/21 5:05 PM Joint STIPULATION for Order to Extend Expert Discovery and Class Certification Deadlines filed by Defendant Hint, Inc..(Groves, Amanda) Related: [-]
		Att: 1 Declaration of Amanda L. Groves,
		Att: 2 Proposed Order
23		23 motion Appear Pro Hac Vice (G-64) Mon 08/21 4:31 PM APPLICATION of Non-Resident Attorney Natalie L. Arbaugh to Appear Pro Hac Vice on behalf of Defendant Hint, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-20384117) filed by Defendant Hint, Inc.. (At torney Shawn R Obi added to party Hint, Inc.(pty:dft)) (Obi, Shawn) Related: [-]
		Att: 1 Proposed Order
22		22 motion Substitute Attorney (G-01) Mon 08/21 3:43 PM REQUEST TO SUBSTITUTE ATTORNEY Amanda L. Groves in place of attorney Matthew R. Orr; William P. Cole and Joshua G. Simon of CALL & JENSEN filed by Defendant Hint, Inc.. (Attorney Amanda L Groves added to party Hint, Inc.(pty:dft)) (Groves, Amanda) Related: [-]
		Att: 1 Proposed Order
Tuesday, July 25, 2017
21		21 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 07/25 7:46 AM Notice of Appearance or Withdrawal of Counsel: for attorney Joseph S Farzam counsel for Plaintiff Madrigal Kim Lisa. Adding Matthew Evans as counsel of record for Lisa Kim Madrigal for the reason indicated in the G-123 Notice. Filed by Plaintiff Lisa Kim Madrigal. (Farzam, Joseph) Related: [-]
Friday, July 07, 2017
20		20 order Order ~Util - Set/Reset Deadlines/Hearings ~Util - Set/Reset Motion Hearing and R&R Deadlines Mon 07/10 1:40 PM ORDER Setting Trial Dates by Judge Virginia A. Phillips: The Court has reviewed the amended Joint Rule 26(f ) Report filed on May 12, 2017, and finds there is no need for counsel to appear at a Scheduling Conference in this matter. The settlement conference shall be conducted no later than October 13, 2017. The parties shall file a joint report no later than 10 days after the settlement conference regarding the progress of mediation. The parties elect to proceed with Settlement Procedure No. 3. The Court adopts the following schedule as to class certification dates: Deadline for Initial Designation of Expert Witnesses: 9/11/17; Deadline for Rebuttall Designation of Expert Witnesses: 9/25/17; Class Related Discovery Cutoff: 11/6/17; Filing of Class Certification Motion Date: 11/20/17; Class Certification Opposition Date: 1/22/18; Class Certification Reply Date: 2/12/18; Class Certification Motion hearing date: 3/5/18. Upon a ruling on the motion for class certification, the Court will set further dates. (bm) Related: [-]
Friday, June 23, 2017
19		19 order Stay Case Fri 06/23 11:24 AM MINUTE ORDER RE DEFENDANT'S MOTION TO STAY ACTION 23 by Judge Virginia A. Phillips. Accordingly, for the reasons stated above, Defendant's motion to stay action is DENIED. IT IS SO ORDERED. (lom) Related: [-]
Monday, June 12, 2017
18		18 respm Reply (Motion related) Mon 06/12 3:19 PM REPLY in support of a motion NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the FDA's Proceedings Pertaining to the Term "Natural" 13 filed by Defendant Hint, Inc.. (Simon, Joshua) Related: [-]
Monday, June 05, 2017
17		17 respm Motion Related Document Mon 06/05 6:57 AM Plaintiff's Notice of Lodging Proposed Order re NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the FDA's Proceedings Pertaining to the Term "Natural" 13 filed by Plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Exhibit 1: proposed order
16		16 respm Response in Opposition to Motion Mon 06/05 6:19 AM OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the FDA's Proceedings Pertaining to the Term "Natural" 13 filed by Plaintiff Madrigal Kim Lisa.(Farzam, Joseph) Related: [-]
		Att: 1 Exhibit 1: Declaration of Dr. F. Edward Scarbrough
Monday, May 22, 2017
15		15 minutes Scheduling Conference ~Util - Set/Reset Deadlines/Hearings Tue 05/23 8:51 AM MINUTE ORDER RE: SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: Matter called. Counsel are present. Court notes for the record the filing of Defendant's Motion to Stay the Action filed this day. In light of the pending motion, the Court does not set deadline dates. The Court will continue the scheduling conference over to the same date set for the motion hearing to June 26, 2017 at 2:00 p.m. Court Reporter: Phyllis Preston. (bm) Related: [-]
14		14 notice Notice of Lodging Mon 05/22 10:58 AM NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the FDA's Proceedings Pertaining to the Term "Natural" 13(Cole, William) Related: [-]
		Att: 1 Proposed Order
13		13 motion Stay Case Mon 05/22 10:02 AM NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the FDA's Proceedings Pertaining to the Term "Natural" filed by defendant Hint, Inc.. Motion set for hearing on 6/26/2017 at 02:00 PM before Judge Virginia A. Phillips. (Cole, William) Related: [-]
Friday, May 12, 2017
12		12 adr Request for ADR Procedure No. 3 - (ADR-1) Fri 05/12 10:15 AM REQUEST for ADR Procedure No. 3. Parties request for private mediation. Filed by Defendant Hint, Inc.(Cole, William) Related: [-]
11		11 misc Joint Report Rule 26(f) Discovery Plan Fri 05/12 10:13 AM JOINT REPORT Rule 26(f) Discovery Plan (AMENDED) ; estimated length of trial (the parties believe trial estimate is premature until after Court determines the issue of class certification), filed by Defendant Hint, Inc... (Cole, William) Related: [-]
Monday, May 01, 2017
10		10 misc Joint Report Rule 26(f) Discovery Plan Mon 05/01 4:08 PM JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial parties believe it is premature until after Court determines the issue of class certification, filed by Defendant Hint, Inc... (Cole, William) Related: [-]
Tuesday, March 21, 2017
9		9 order Initial Order Setting R26 Scheduling Conference - form only Tue 03/21 12:26 PM ORDER SETTING SCHEDULING CONFERENCE for 5/22/2017 at 01:30 PM before Chief Judge Virginia A. Phillips. (bh) Related: [-]
8		8 order Initial Order upon Filing of Complaint - form only Tue 03/21 12:21 PM STANDING ORDER upon filing of the complaint by Judge Virginia A. Phillips. (bh) Related: [-]
Friday, March 17, 2017
6		6 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Fri 03/17 4:54 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) Related: [-]
5		5 notice Notice of Assignment to United States Judges (CV-18) - optional html form Fri 03/17 4:54 PM NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips and Magistrate Judge Michael R. Wilner. (car) Related: [-]
Thursday, March 16, 2017
4		4 service Proof of Service (subsequent documents) Thu 03/16 2:10 PM CERTIFICATE OF SERVICE filed by defendant Hint, Inc., re Civil Cover Sheet (CV-71)2 , Notice of Removal (Attorney Civil Case Opening),1 , Certificate/Notice of Interested Parties3 served on March 16, 2017. (Orr, Matthew) Related: [-]
3		3 notice Certificate/Notice of Interested Parties Thu 03/16 12:43 PM NOTICE of Interested Parties filed by Defendant Hint, Inc., (Orr, Matthew) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Thu 03/16 12:41 PM CIVIL COVER SHEET filed by Defendant Hint, Inc.. (Orr, Matthew) Related: [-]
1		1 notice Notice of Removal (Attorney Civil Case Opening) Thu 03/16 12:40 PM NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC646991 Receipt No: 0973-19526232 - Fee: $400, filed by defendant Hint, Inc.. (Attorney Matthew R Orr added to party Hint, Inc.(pty:dft))(Orr, Matthew) Related: [-]
		Att: 1 Declaration of Theo Goldin,
		Att: 2 Declaration of Matthew R. Orr,
		Att: 3 Exhibit 1 - Complaint, Part 1,
		Att: 4 Exhibit 1 - Complaint, Part 2,
		Att: 5 Exhibit 2 - Answer,
		Att: 6 Exhibit 3
		cmp Complaint - (Discovery) Fri 03/17 4:50 PM CONFORMED COPY OF COMPLAINT against Defendants Does 1-20, inclusive, Hint, Inc. Jury Demanded, filed by Plaintiff Madrigal Kim Lisa. Filed in State Court on 1/17/17 Submitted with Attachment 3 and 4 to Notice of Removal (car) Related: [-]
		answer Answer to Complaint (Discovery) Fri 03/17 4:51 PM CONFORMED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Hint, Inc. Filed in State Court on 3/9/17 Submitted with Attachment 5 to Notice of Removal.(car) Related: [-]

Continue to Create Account