O'Brien v. Kind, LLC
| Robert O'Brien |
| Kind, LLC |
| 1:2015cv03699 |
| May 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
32
CLERK'S JUDGMENT re: (257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15 -mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB, 257 in 1:15-mc-02645-NRB) Order on Motion for Local Rule 37.2 Conference, O rder on Motion for Summary Judgment, Order on Motion for Extension of Time, Order on Motion for Leave to File Excess Pages, Order on Motion to Preclude, Order on Motion for Miscellaneous Relief, Order on Motion to Seal in favor of Does, Does 1-10, Kind Bar Defendants, Kind L.L.C., Kind LLC, Kind, LLC against Kind Bar Plaintiffs, Amanda Short, Amy Cavanagh, Barry A. Cohen, Benjamin Karter, Bonnie Burkett, Brandon Kaufer, Charity Bustamante, Charlie McDonald, Chris C Galvez, Danielle Cooper, Dena Karnezis, Elizabeth Livingston, Erich Zander, Lee Jackson, Mayra Galvez, Melanie House, Robert O'Brien, Sarah Thomas. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated Sept ember 9, 2022, defendant's motion for summary judgment is granted, defendant's motions to disqualify the opinions of Dr. Dennis and Dr. Toutov are granted, defendant's motion to decertify the classes is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/12/2022) (Attachments: # 1 Right to Appeal)Filed In Associated Cases: 1:15-md-02645-NRB et al. (km)
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Filing
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MEMORANDUM AND ORDER in case 1:15-cv-03699-NRB; denying as moot (233) Motion for Local Rule 37.2 Conference; denying as moot (235) Motion for Local Rule 37.2 Conference; granting (237) Motion to Preclude; granting (240) Motion to Preclude; gr anting (241) Motion to Preclude; granting (244) Motion to Preclude; granting (247) Motion for Summary Judgment; granting (248) Motion re: (233 in 1:15-md-02645-NRB) LETTER MOTION for Local Rule 37.2 Conference re: requesting pre-motion c onference with the Court regarding Plaintiffs' motion to compel addressed to Judge Naomi Reice Buchwald from Tina Wolfson dated 12/13/2021., (235 in 1:15-md-02645-NRB) LETTER MOTION for Local Rule 37.2 Conference re requesting a pre-m otion conference relating to KIND, LLC's anticipated motion to strike reply expert reports addressed to Judge Naomi Reice Buchwald from Dale J. Giali dated December 16, 202, (237 in 1:15-md-02645-NRB, 186 in 1:15-mc-02645-NRB) MOTION t o Preclude Expert Report and Testimony of Dr. Michael Dennis, Ph.D., (240 in 1:15-md-02645-NRB, 189 in 1:15-mc-02645-NRB) MOTION to Preclude Expert Report and Testimony of Dr. Anton Toutov, Ph.D.., (241 in 1:15-md-02645-NRB, 190 in 1:15-mc-02645-NRB) AMENDED MOTION to Preclude Testimony and Expert Report of Dr. J. Michael Dennis, Ph.D.., (244 in 1:15-md-02645-NRB, 193 in 1:15-mc-02645-NRB) AMENDED MOTION to Preclude Testimony and Expert Report of Dr. Anton To utov, Ph.D.., (247 in 1:15-md-02645-NRB) MOTION for Summary Judgment ., (248 in 1:15-md-02645-NRB, 196 in 1:15-mc-02645-NRB) MOTION to Decertify the Classes ., (254 in 1:15-md-02645-NRB, 203 in 1:15-mc-02645-NRB) MOTIO N to Preclude Testimony and Expert Report of Dr. Stephen Hamilton, Ph.D.., (269 in 1:15-md-02645-NRB, 217 in 1:15-mc-02645-NRB) MOTION to Preclude Expert Testimony and Report of Dr. Catherine Adams Hutt, Ph.D.., (275 in 1:15-md-0 2645-NRB, 223 in 1:15-mc-02645-NRB) MOTION to Preclude Testimony and Report of Dr. Ran Kivetz, Ph.D.., (157 in 1:15-mc-02645-NRB, 157 in 1:15-mc-02645-NRB) CONSENT LETTER MOTION for Extension of Time to file Plaintiffs' Opposit ion to Defendant's Motion to Strike addressed to Judge William H. Pauley, III from Todd S. Garber dated March 16, 2020. LETTER MOTION for Leave to File Excess Pages for Plaintiffs' Reply re Motion for Class Certification addr essed to Judge William H. Pauley, III from Todd S. Garber dated March 16, 2020., (159 in 1:15-mc-02645-NRB) LETTER MOTION for Extension of Time to file Plaintiffs' Reply re Class Certification and Opposition to Defendant's Motion to Strike due to COVID-19 addressed to Judge William H. Pauley, III from Todd S. Garber dated March 18, 2020., (199 in 1:15-mc-02645-NRB) MOTION for Summary Judgment ., (252 in 1:15-mc-02645-NRB) LETTER MOTION to Seal (i) Reply In Support Of Motion To Exclude Expert Report And Testimony Of Dr. Ran Kivetz, Ph.D; and (ii) Reply In Support Of Motion To Exclude Expert Report And Testimony Of Dr. Catherine Adams Hutt, Ph.D. addressed to Ju ; denying as moot (254) Motion to P reclude; denying as moot (269) Motion to Preclude; denying as moot (275) Motion to Preclude in case 1:15-md-02645-NRB; denying as moot (157) Motion for Extension of Time; denying as moot (157) Motion for Leave to File Excess Pages; denying as m oot (159) Motion for Extension of Time; granting (186) Motion to Preclude; granting (189) Motion to Preclude; granting (190) Motion to Preclude; granting (193) Motion to Preclude; granting (196) Motion re: (233 in 1:15-md-02645-NRB) LETT ER MOTION for Local Rule 37.2 Conference re: requesting pre-motion conference with the Court regarding Plaintiffs' motion to compel addressed to Judge Naomi Reice Buchwald from Tina Wolfson dated 12/13/2021., (235 in 1:15-md-02645-NRB) LETTER MOTION for Local Rule 37.2 Conference re requesting a pre-motion conference relating to KIND, LLC's anticipated motion to strike reply expert reports addressed to Judge Naomi Reice Buchwald from Dale J. Giali dated December 16, 202, (237 in 1:15-md-02645-NRB, 186 in 1:15-mc-02645-NRB) MOTION to Preclude Expert Report and Testimony of Dr. Michael Dennis, Ph.D., (240 in 1:15-md-02645-NRB, 189 in 1:15-mc-02645-NRB) MOTION to Preclude Expert Report and Testi mony of Dr. Anton Toutov, Ph.D.., (241 in 1:15-md-02645-NRB, 190 in 1:15-mc-02645-NRB) AMENDED MOTION to Preclude Testimony and Expert Report of Dr. J. Michael Dennis, Ph.D.., (244 in 1:15-md-02645-NRB, 193 in 1:15-mc-02645-NRB) AMEND ED MOTION to Preclude Testimony and Expert Report of Dr. Anton Toutov, Ph.D.., (247 in 1:15-md-02645-NRB) MOTION for Summary Judgment ., (248 in 1:15-md-02645-NRB, 196 in 1:15-mc-02645-NRB) MOTION to Decertify the Classes ., (254 in 1:15-md-02645-NRB, 203 in 1:15-mc-02645-NRB) MOTION to Preclude Testimony and Expert Report of Dr. Stephen Hamilton, Ph.D.., (269 in 1:15-md-02645-NRB, 217 in 1:15-mc-02645-NRB) MOTION to Preclude Expert Testimon y and Report of Dr. Catherine Adams Hutt, Ph.D.., (275 in 1:15-md-02645-NRB, 223 in 1:15-mc-02645-NRB) MOTION to Preclude Testimony and Report of Dr. Ran Kivetz, Ph.D.., (157 in 1:15-mc-02645-NRB, 157 in 1:15-mc-02645-NRB) CONSENT L ETTER MOTION for Extension of Time to file Plaintiffs' Opposition to Defendant's Motion to Strike addressed to Judge William H. Pauley, III from Todd S. Garber dated March 16, 2020. LETTER MOTION for Leave to File Excess Pages for Plaintiffs' Reply re Motion for Class Certification addressed to Judge William H. Pauley, III from Todd S. Garber dated March 16, 2020., (159 in 1:15-mc-02645-NRB) LETTER MOTION for Extension of Time to file Plaintiffs' Rep ly re Class Certification and Opposition to Defendant's Motion to Strike due to COVID-19 addressed to Judge William H. Pauley, III from Todd S. Garber dated March 18, 2020., (199 in 1:15-mc-02645-NRB) MOTION for Summary Judgment ., (252 in 1:15-mc-02645-NRB) LETTER MOTION to Seal (i) Reply In Support Of Motion To Exclude Expert Report And Testimony Of Dr. Ran Kivetz, Ph.D; and (ii) Reply In Support Of Motion To Exclude Expert Report And Testimony Of Dr. Catherine Adam s Hutt, Ph.D.; granting (199) Motion for Summary Judgment; denying as moot (203) Motion to Preclude; denying as moot (217) Motion to Preclude; denying as moot (223) Motion to Preclude; denying as moot (252) Motion to Seal in case 1:15-mc-026 45-NRB. For the foregoing reasons, defendant's motion for summary judgment is granted, defendant's motions to disqualify the opinions of Dr. Dennis and Dr. Toutov are granted, defendant's motion to decertify the classes is granted, a nd the remaining motions are denied as moot. The Clerk of Court is respectfully directed to terminate the pending motions and close the case. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/9/2022) Filed In Associated Cases: 1:15-md-02645-NRB et al. (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing
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ORDER granting (177) Motion to Seal Document in case 1:15-md-02645-WHP; granting (139) Motion to Seal Document in case 1:15-mc-02645-WHP. Plaintiffs move to file portions of their Memorandum of Law in Support of Class Certification and certain su pporting documents attached as Exhibits B, C, E, and G through L to the supporting Declaration of Todd S. Garber under seal. (ECF No. 177.) This Court has reviewed the proposed redactions and finds that they are narrowly tailored, limited in scope , and justified to protect Kind, LLC's confidential and proprietary business information. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Accordingly, Plaintiffs motion to file under seal is granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 2/27/2020) Filed In Associated Cases: 1:15-md-02645-WHP et al. (mml)
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Filing
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MEMORANDUM & ORDER in case 1:15-cv-03699-WHP; granting (128) Motion in case 1:15-md-02645-WHP; granting (93) Motion in case 1:15-mc-02645-WHP: For the foregoing reasons, Plaintiffs' motion to lift the stay on the "all natural" and "non-GMO" claims is granted. The parties are directed to submit a joint proposed discovery plan by March 11, 2019 and appear for a status conference on March 15, 2019 at 9:30 a.m. The parties shall notify this Court of any intervening update s to the FDA's rulemaking process and be prepared to discuss them at the conference. The Clerk of Court is directed to terminate the motion pending at ECF No. 128. (Signed by Judge William H. Pauley, III on 2/11/2019) Filed In Associated Cases: 1:15-md-02645-WHP et al. (jwh)
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| Plaintiff: Robert O'Brien | |
| Represented By: | Paul C. Whalen |
| Represented By: | Thomas A. Zimmerman, Jr. |
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| Defendant: Kind, LLC | |
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