Vital Distributions, LLC v. Pepperidge Farm, Inc.

Filing 92

MINUTES for proceedings held before Senior District Judge Morrison C. England, Jr.: The Court GRANTED 83 Plaintiff's Motion for Preliminary Injunction, set a Final Pretrial Conference on 7/25/2024 at 10:00 am by Zoom videoconference, and a J ury Trial on 9/3/2024 at 9:00 am in courtroom 7. Plaintiff's Counsel present: Jake Weaver and Avalon Johnson-Fitzgerald. Defendant's Counsel present: J. Noah Hagey, Andrew Levine, and Hannah Dwyer. ECRO Clerk: Tiffany Brown-Pilkinton. (Terrin, S)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THE HONORABLE MORRISON C. ENGLAND, JR.
SENIOR UNITED STATES DISTRICT JUDGE

VITAL DISTRIBUTIONS, LLC,

No. 2:22-cv-00319-MCE-CKD

Plaintiff,
v.
PEPPERIDGE FARM, INCORPORATED,
Defendant.
__________________________________/

MINUTES
Date: March 28, 2024
Deputy Clerk: S. Terrin
ECRO Clerk: T. Brown-Pilkinton

Counsel for Plaintiff: Jake Weaver and Avalon Johnson-Fitzgerald
Counsel for Defendant: J. Noah Hagey, Andrew Levine, and Hannah Dwyer
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION (ECF No. 83)
10:14 a.m. All counsel were present. Carl Holmes, John Lucas, and Ann Munnelly were
also present as ordered per ECF No. 84.
10:19 a.m. The Court heard argument from counsel as stated on the record.
10:55 a.m. The Court called, John Lucas, who was sworn and testified as stated on the
record. Counsel, J. Noah Hagey, conducted direct examination.
11:15 a.m. Counsel, Jake Weaver, cross-examined the witness.
11:39 a.m. Defense counsel’s request for redirect of the witness was denied.
11:40 a.m. The witness was excused. The Court called, Ann Marie Munnelly, who was
sworn and testified as stated on the record.
11:43 a.m. The witness was excused.
11:45 a.m. The Court addressed, Carl Holmes, who responded as stated on the record.
After hearing argument and witness testimony, the Court GRANTED the
Plaintiff’s Motion for Preliminary Injunction for the reasons set forth on the
record. Counsel was instructed the forthcoming written order will supersede
the Court’s ruling from the bench.

2:22-cv-00319-MCE-CKD, Vital Distributions, LLC v. Pepperidge Farm, Incorporated
Minutes - Page 2

11:51 a.m.

Defense Counsel’s request for stay pending appeal was DENIED. The Court
set a Final Pretrial Conference on July 25, 2024, at 10:00 a.m., by Zoom
videoconference and a Jury Trial on September 3, 2024, at 9:00 a.m., in
courtroom 7.

12:01 p.m. The Court adjourned.

TIME IN COURT: 1 hour, 47 minutes