Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

Exhibit 2 to Request for Judicial Notice

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Exhibit 2 Case4:15-cv-03243-PJH Case: 15-16173, 06/18/2015, Document28-2 ID: 9580393, Filed09/02/15 DktEntry: 2, Page Page2 1 of of34 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Circuit Mediation Office Phone (415) 355-7900 Fax (415) 355-8566 MEDIATION QUESTIONNAIRE The purpose of this questionnaire is to help the court's mediators provide the best possible mediation service in this case; it serves no other function. Responses to this questionnaire are not confidential. Appellants/Petitioners must electronically file this document within 7 days ofthe docketing of the case. 9th Cir. R. 3-4 and 15-2. Appellees/Respondents may file the questionnaire, but are not required to do so. 9th Circuit Case Number(s):.... 11_5-_16_1_7_3_'-------------------~-----'~ District Court/Agency Case Number(s): 14:14-cv-1783-PJH l District Court/Agency Location:!Northern District of California, Oakland Division I Case Name:.__ID_a_vi_d_so_n_ _ _ _ _ _ _ _ _ ____,l v.!Kimberly-Clark Corporation, et al IfdDistr)ict Court, docket entry number(s) of 1 24'..44, 4·5·· •· ·5·· 4 I or er(s appealed from: L..._-·---------------------'-Name of party/parties submitting this form:.__IP_Ia_in_t_iff_J_e_nn_i_fe_r_D_av_id_s_o_n_ _ _ _ _ _ _ _ _ _ _ _ ____.l Please briefly describe the dispute that gave rise to this lawsuit. Plaintiff alleges that Defendants advertised four brands of pre-moistened wipes as "flushable" when in fact the wipes are not suitable for disposal by flushing down a toilet, because they have a propensity to clog toilets and damage sewer systems. On behalf of a class of California consumers, Plaintiff alleges violations of California's Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act and for common law fraud. Briefly describe the result below and the main issues on appeal. Plaintiff contends that the District Court erred in requiring her to plead with specificity "how she came to learn" that the wipes were not flushable and to plead harm from product use even though the Court found that economic loss was adequately pled. It also erred in dismissing claims for injunctive relief and in denying leave to amend where its ruling was based on newly identified purported pleading deficiencies. Finally, Plaintiff takes issue with other applications oflegal principles that were inconsistent with controlling law and the Court's own earlier rulings. Describe any proceedings remaining below or any related proceedings in other tribunals. Page 1 of2 Case4:15-cv-03243-PJH Case: 15-16173, 06/18/2015, Document28-2 ID: 9580393, Filed09/02/15 DktEntry: 2, Page Page3 2 of of34 Provide any other thoughts you would like to bring to the attention of the mediator. Any party may provide additional information in cm~fidence directly to the Circuit Mediation Office at ~a09_111.~.diation@_g!!2.,JJ.S..Q.QUiiS,gQ.V. Please provide the case name and Ninth Circuit case number in your message. Additional information might include interest in including this case in mediation program, the case's settlement history. issues beyond the litigation that the parties might address in a settlement context, or future events that might affect the patties' willingness or ability to mediate the case. CERTIFICATION OF COUNSEL I certify that: a current service list with telephone and fax numbers and email addresses is attached ~ (see 9th Circuit Rule 3-2). I understand that failure to provide the Court with a completed form and service list ~ may result in sanctions, including dismissal of the appeal. Signature Is/Adam Outride ("s/" plus attorney name may be used in lieu of a manual signature on electronically-filed documents.) Counselfor~IP_la_i_nt_if_f________________________________________________~ Note: Use of the Appellate ECF system is mandatory for all attorneys filing in this Court, unless they are granted an exemption from using the system. To file this form electronically in Appellate ECF, complete the form, and then print the filled-in form to PDF (File> Print> PDF Printer/Creator). Then log into Appellate ECF and choose Forms/Notices/Disclosure> File a Mediation Questionnaire. Page 2 of2---·---···-----·····------Case4:15-cv-03243-PJH Case: 15-16173, 06/18/2015, Document28-2 ID: 9580393, Filed09/02/15 DktEntry: 2, Page Page4 3 of of34 Davidson v. Kimberly-Clark Corporation, et al. Case No. 15-16173 Service List For Plaintiff-Appellant Adam J. Gutride Seth A. Safier Kristen G. Simplicio 100 Pine Street, Suite 1250 San Francisco, California 94111 Telephone: (415) 639-9090 Facsimile: (415) 449-6469 For Defendants-Appellees Amy P. Lally, SBN 198555 Emily Z. Culbertson, SBN 282560 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Naomi A. Igra, SBN 269095 SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, California 94104 Telephone: (415) 772-1200 Facsimile: (415) 772-7400