Frydman v. Whole Foods Market Group, Inc. et al
Plaintiff: Meredith Frydman
Defendant: WFM Private Label, L.P. and Whole Foods Market Group, Inc.
Case Number: 1:2015cv00264
Filed: April 7, 2015
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Sam Sparks
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 17, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2017 Opinion or Order ORDER OF DISMISSAL entered in MDL action 1:14-MC-2588 ORDERING that these actions are DISMISSED WITH PREJUDICE as to each individual Plaintiff and DISMISSED WITHOUT PREJUDICE as to the absent putative class members. Signed by Judge Sam Sparks. (klw)
March 1, 2016 Opinion or Order Filing 51 ORDER GRANTING #50 Motion to Substitute Attorney. Added attorney Adam Gonnelli for Meredith Frydman. Signed by Judge Sam Sparks. (klw)
February 29, 2016 Filing 50 MOTION to Substitute Attorney Adam R. Gonnelli of Faruqi & Faruqi, LLP, in place of Antonio Vozzolo, formerly of Faruqi & Faruqi, LLP, as their counsel of record by Meredith Frydman. (klw)
December 8, 2015 Opinion or Order Filing 49 Consent ORDER Granting Substitution of Attorney. Signed by Judge Sam Sparks. (os)
September 30, 2015 Opinion or Order Filing 48 ORDER DISMISSING as MOOT Plaintiff's #41 Motion for Extension of Time to File Supplemental Brief in Further Support of Plaintiff's Remand Motion. Signed by Judge Sam Sparks. (klw)
September 30, 2015 Opinion or Order Filing 47 ORDER DENYING Frydman's #35 Motion to Remand to State Court. IT IS ORDERED that Plaintiffs in In re Whole Foods Market, Inc. Greek Yogurt Mktg. & Sales Practices Litig., 1:14-MC-2588-SS, MDL No. 2588 (W.D. Tex., transferred Dec. 10, 2014) file an amended Consolidated Complaint which incorporates the parties and claims of the above-styled causes. Signed by Judge Sam Sparks. (klw)
September 30, 2015 Opinion or Order Filing 46 ORDER that Plaintiff Sarah Rodhouse' s Renewed Motion to Remand doc #27 (filed in 1:14-cv-1135) and Plaintiff Meredith Frydman's Motion to Remand doc #35 (filed in 1:15-cv-264) are DENIED; and IT IS FINALLY ORDERED that Plaintiffs in In re Whole Foods Market, Inc. Greek Yogurt Mktg. & Sales Practices Litig., 1:14-MC-2588-SS, MDL No. 2588 (W.D. Tex., transferred Dec. 10, 2014) file an amended Consolidated Complaint which incorporates the parties and claims of the above-styled causes. Signed by Judge Sam Sparks. (klw)
September 28, 2015 Filing 45 REPLY to Response to Motion, filed by Meredith Frydman, re #41 MOTION for Extension of Time to File a Supplemental Brief in Further Support of Plaintiff's Remand Motion filed by Plaintiff Meredith Frydman (Davis, Barry)
September 21, 2015 Filing 44 ATTACHMENT Proposed Order Denying Plaintiff's Motion for Extension of Time to #43 Deficiency Notice by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Orzano, Joseph)
September 21, 2015 Filing 43 DEFICIENCY NOTICE to Joseph John Orzano: re #42 Response in Opposition to Motion. (td)
September 21, 2015 Filing 42 Response in Opposition to Motion, filed by WFM Private Label, L.P., Whole Foods Market Group, Inc., re #41 MOTION for Extension of Time to File a Supplemental Brief in Further Support of Plaintiff's Remand Motion filed by Plaintiff Meredith Frydman (Orzano, Joseph)
September 14, 2015 Filing 41 MOTION for Extension of Time to File a Supplemental Brief in Further Support of Plaintiff's Remand Motion by Meredith Frydman. (Attachments: #1 Declaration of Barry L. Davis in Support of Plaintiff Meredith Frydman's Motion to Extend Time Pursuant to F.R.C.P. Rule 6(b) to File a Supplemental Brief in Further Support of Plaintiff's Remand Motion, #2 Proposed Order, #3 Brief - Plaintiff's Supplemental Brief in Further Support of Plaintiff's Remand Motion)(Davis, Barry)
September 10, 2015 Filing 40 NOTICE of Change of Address by Barry L. Davis (Davis, Barry)
August 26, 2015 Filing 39 SUPPLEMENTAL MEMORANDUM to #37 Response in Opposition to Motion, to Remand to State Court by Meredith Frydman #35 by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Orzano, Joseph)
August 6, 2015 Opinion or Order Filing 38 ORDER that, within twenty (20) days from the date of entry of this order, the parties in the above-styled cases SHOW CAUSE why this Court is not required to apply binding Fifth Circuit precedent to resolve Frydman's #35 MOTION to Remand to State Court. Alternatively, IT IS ORDERED that, within twenty (20) days from the date of entry of this order, the parties file supplemental briefs directing the Court to any Fifth Circuit authority in support of their positions concerning the pending motion to remand. Signed by Judge Sam Sparks. (klw)
July 8, 2015 Filing 37 Response in Opposition to Motion, filed by WFM Private Label, L.P., Whole Foods Market Group, Inc., re #35 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by Plaintiff Meredith Frydman (Orzano, Joseph)
July 1, 2015 Filing 36 NOTICE of Supplemental Authorities in Support of Plaintiff Meredith Frydman's Motion to Remand by Meredith Frydman re #35 MOTION to Remand to State Court and Incorporated Memorandum of Law (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Barry)
July 1, 2015 Filing 35 MOTION to Remand to State Court and Incorporated Memorandum of Law by Meredith Frydman. (Attachments: #1 Declaration of Barry L. Davis in Support of Plaintiff's Motion to Remand and Incorporated Memorandum of Law, #2 Exhibit A to Declaration of Barry L. Davis, #3 Exhibit B to Declaration of Barry L. Davis, #4 Exhibit C to Declaration of Barry L. Davis, #5 Exhibit D to Declaration of Barry L. Davis, #6 Exhibit E to Declaration of Barry L. Davis, #7 Exhibit F to Declaration of Barry L. Davis, #8 Defendants Whole Foods Market Group, Inc. and WFM Private Label, L.P.'s Opposition to Plaintiff's Motion to Remand, #9 Exhibit A to Defendants Whole Foods Market Group, Inc. and WFM Private Label, L.P.'s Opposition to Plaintiff's Motion to Remand, #10 Exhibit B to Defendants Whole Foods Market Group, Inc. and WFM Private Label, L.P.'s Opposition to Plaintiff's Motion to Remand, #11 Plaintiff's Reply in Further Support of Motion to Remand, #12 Certificate of Service)(Davis, Barry)
June 23, 2015 Filing 34 NOTICE of Attorney Appearance by John H. Hempfling, II on behalf of WFM Private Label, L.P., Whole Foods Market Group, Inc.. Attorney John H. Hempfling, II added to party WFM Private Label, L.P.(pty:dft), Attorney John H. Hempfling, II added to party Whole Foods Market Group, Inc.(pty:dft) (Hempfling, John)
April 7, 2015 Opinion or Order Filing 33 Pretrial ORDER No. 1 to govern the practices and procedures of this action and to set the Initial Conference for 06/25/2015 at 9:00 AM before Judge Sam Sparks. If the conference is not concluded that day, it will continue on 06/26/2015 at 9:00 AM before Judge Sam Sparks. Signed by Judge Sam Sparks. Originally entered in MDL action 1:14-mc-2588-SS as 3 Pretrial ORDER No. 1 on 03/10/2015.(klw)
April 7, 2015 Filing 32 Case electronically transferred in from Southern District of Florida; Case Number 9:15-cv-80007. Pursuant to Transfer Order entered by JPML; Master case number 1:14mc2588(kc).
April 7, 2015 Filing 31 Certified TRANSFER ORDER (TO-Dated - 4/3/2015) transferring case to the Western District of Texas re: MDL 2588 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Sam Sparks. (Signed by Sarah S. Vance, Chair of the Panel). (gp) [Transferred from Florida Southern on 4/7/2015.]
April 7, 2015 Civil Case Terminated/Closing Case per #31 Certified Transfer Order. (gp) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 4/7/2015.]
April 7, 2015 Pursuant to PRETRIAL ORDER NO 1, page 5, section 6, pleadings applicable to all cases should be filed ONLY in the master docket file, 1:14-MC-2588-SS. Pleadings applicable to fewer than all cases shall be filed ONLY in the applicable individual cases NOT the master docket. (klw)
April 7, 2015 Case Assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (klw)
April 6, 2015 Opinion or Order Filing 30 ENDORSED ORDER granting #29 Motion for Extension of Time to File. Defendants have until May 8, 2015, to respond to the complaint, and the deadlines in the Order of Pretrial Procedures are continued to May 8, 2015. Signed by Senior Judge Kenneth L. Ryskamp on 4/6/2015. (sdh) [Transferred from Florida Southern on 4/7/2015.]
April 6, 2015 Set/Reset Answer Due Deadline as per DE 30 : WFM Private Label, L.P. response due 5/8/2015; Whole Foods Market Group, Inc. response due 5/8/2015. (lk) [Transferred from Florida Southern on 4/7/2015.]
April 2, 2015 Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
March 20, 2015 Filing 28 REPLY to Response to Motion re #23 MOTION for Hearing re #22 Reply to Response to Motion, #10 MOTION to Remand to State Court and Incorporated Memorandum of Law ,Plaintiff's Request for Oral Argument on Plaintiff's Motion to Remand filed by Meredith Frydman. (Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
March 17, 2015 Set/Reset Answer Due Deadline as per DE 27 : WFM Private Label, L.P. response due 4/8/2015; Whole Foods Market Group, Inc. response due 4/8/2015. (lk) [Transferred from Florida Southern on 4/7/2015.]
March 16, 2015 Opinion or Order Filing 27 ENDORSED ORDER granting #25 Motion for Extension of Time to File Response. Defendants have a further extension of time to respond to the Complaint, to and including April 8, 2015. Signed by Senior Judge Kenneth L. Ryskamp on 3/16/2015. (sdh) [Transferred from Florida Southern on 4/7/2015.]
March 10, 2015 Filing 26 RESPONSE in Opposition re #23 MOTION for Hearing re #22 Reply to Response to Motion, #10 MOTION to Remand to State Court and Incorporated Memorandum of Law ,Plaintiff's Request for Oral Argument on Plaintiff's Motion to Remand filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. Replies due by 3/20/2015. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
March 9, 2015 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
March 2, 2015 Filing 24 REPLY to Response to Motion re #14 MOTION for Hearing re #9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas, #13 Respo filed by Meredith Frydman. (Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
February 27, 2015 Filing 23 MOTION for Hearing re #22 Reply to Response to Motion, #10 MOTION to Remand to State Court and Incorporated Memorandum of Law ,Plaintiff's Request for Oral Argument on Plaintiff's Motion to Remand by Meredith Frydman. (Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
February 27, 2015 Filing 22 REPLY to Response to Motion re #10 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by Meredith Frydman. (Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
February 20, 2015 Filing 21 RESPONSE in Opposition re #14 MOTION for Hearing re #9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas, #13 Respo filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. Replies due by 3/2/2015. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 20, 2015 Filing 20 REPLY to Response to Motion re #9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 19, 2015 Filing 19 NOTICE by WFM Private Label, L.P., Whole Foods Market Group, Inc. re #15 Response in Opposition to Motion, NOTICE OF LODGING PROPOSED ORDER (Attachments: #1 Text of Proposed Order) (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 19, 2015 Filing 18 NOTICE of Striking #16 Response in Opposition to Motion, filed by WFM Private Label, L.P., Whole Foods Market Group, Inc. by WFM Private Label, L.P., Whole Foods Market Group, Inc. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 17, 2015 Filing 17 Clerks Notice to Filer re #16 Response in Opposition to Motion,. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (lh) [Transferred from Florida Southern on 4/7/2015.]
February 17, 2015 Filing 16 RESPONSE in Opposition re #10 MOTION to Remand to State Court and Incorporated Memorandum of Law ([Proposed] Order Denying Plaintiff's Motion to Remand; Attachment to Docket No. 15) filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. Replies due by 2/27/2015. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 17, 2015 Filing 15 RESPONSE in Opposition re #10 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. Replies due by 2/27/2015. (Attachments: #1 Exhibit A, #2 Exhibit B)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
February 9, 2015 Filing 14 MOTION for Hearing re #9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas, #13 Response in Opposition to Motion,, Plaintiff's Request for Oral Argument on Defendants' Motion to Stay by Meredith Frydman. (Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
February 9, 2015 Filing 13 RESPONSE in Opposition re #9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas filed by Meredith Frydman. Replies due by 2/20/2015. (Attachments: #1 Affidavit Declaration of Barry L. Davis in Opposition to Defendants' Motion to Stay, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
February 2, 2015 Opinion or Order Filing 12 ENDORSED ORDER granting #11 Motion for Extension of Time to File. Defendants shall have an extension of time to respond to the Complaint, to and including March 9, 2015. Signed by Senior Judge Kenneth L. Ryskamp on 2/2/2015. (sdh) [Transferred from Florida Southern on 4/7/2015.]
January 30, 2015 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit Stipulation, #2 Text of Proposed Order)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
January 29, 2015 Filing 10 MOTION to Remand to State Court and Incorporated Memorandum of Law by Meredith Frydman. (Attachments: #1 Affidavit Declaration of Barry L. Davis in Support of Plaintiff's Motion to Remand and Incorporated Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Text of Proposed Order)(Davis, Barry) [Transferred from Florida Southern on 4/7/2015.]
January 22, 2015 Filing 9 MOTION to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Potential Transfer of this Action to Multidistrict Litigation Proceedings in the Western District of Texas by WFM Private Label, L.P., Whole Foods Market Group, Inc.. Responses due by 2/9/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
January 15, 2015 Opinion or Order Filing 8 ENDORSED ORDER granting #6 Motion for Extension of Time to File. Defendants have until January 30, 2015, to respond to the Complaint. Signed by Senior Judge Kenneth L. Ryskamp on 1/15/2015. (sdh) [Transferred from Florida Southern on 4/7/2015.]
January 9, 2015 Opinion or Order Filing 7 Order of Pretrial Procedures, Signed by Senior Judge Kenneth L. Ryskamp on 1/9/2015. (lh) [Transferred from Florida Southern on 4/7/2015.]
January 9, 2015 Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Attachments: #1 Exhibit A - Stipulation, #2 Text of Proposed Order)(Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
January 5, 2015 Filing 5 Corporate Disclosure Statement by WFM Private Label, L.P., Whole Foods Market Group, Inc. identifying Corporate Parent Whole Foods Market, Inc. for WFM Private Label, L.P., Whole Foods Market Group, Inc. (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
January 5, 2015 Filing 4 CERTIFICATE OF SERVICE by WFM Private Label, L.P., Whole Foods Market Group, Inc. re #1 Notice of Removal (State Court Complaint), AMENDED (Drummond, Alexandre) [Transferred from Florida Southern on 4/7/2015.]
January 2, 2015 Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed in the future to add all parties during case opening. It is not necessary to re-file this document. (ail) [Transferred from Florida Southern on 4/7/2015.]
January 2, 2015 Filing 2 Judge Assignment to Senior Judge Kenneth L. Ryskamp and Magistrate Judge James M. Hopkins (ail) [Transferred from Florida Southern on 4/7/2015.]
January 2, 2015 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-7358081, filed by WFM Private Label, L.P., Whole Foods Market Group, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - MDL Transfer Order, #3 Exhibit B - MDL Finalized Conditional Transfer Order, #4 Exhibit C - Service of Process, #5 Exhibit D - Pleadings in State Court matter)(Drummond, Alexandre) NO ANSWER FILED (ail). [Transferred from Florida Southern on 4/7/2015.]

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Search for this case: Frydman v. Whole Foods Market Group, Inc. et al
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Defendant: WFM Private Label, L.P.
Represented By: John H. Hempfling, II
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: Alexandre S Drummond
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Defendant: Whole Foods Market Group, Inc.
Represented By: John H. Hempfling, II
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: Alexandre S Drummond
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Plaintiff: Meredith Frydman
Represented By: Adam Gonnelli
Represented By: Corey D. Holzer
Represented By: Barry L. Davis
Represented By: Antonio Vozzolo
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