Brown et al v. The Hain Celestial Group, Inc.
| Rosminah Brown and Center for Environmental Health |
| The Hain Celestial Group, Inc. |
| 4:2011cv03082 |
| June 22, 2011 |
| US District Court for the Northern District of California |
| Oakland Office |
| Alameda |
| Laurel Beeler |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
374
AMENDED ORDER --- This order amends the court's previous final-approval order of February 17, 2016. (See ECF No. 372.) The previous order is withdrawn and this order is substituted _nunc pro tunc_ in its place. The amendment corrects one typographical error and two erroneous references to an exhibit. This amendment makes no substantive change in the previous order. Signed by Judge Laurel Beeler on 2/18/2016. (lblc3S, COURT STAFF) (Filed on 2/18/2016)
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Filing
372
ORDER --- by Judge Laurel Beeler granting 362 Motion for Attorney Fees and granting 367 Motion for Final Approval of Class-Action Settlement. A Rule 58 judgment will be entered separately. (lblc3S, COURT STAFF) (Filed on 2/17/2016)
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Filing
347
STIPULATION AND ORDER TO STAY CASE MANAGEMENT DEADLINES: Re 346 Stipulation filed by Eric Lohela, Rosminah Brown. Updated Case Management Statement due by 8/13/2015. Further Case Management Conference set for 8/20/2015 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 7/28/2015. (lsS, COURT STAFF) (Filed on 7/28/2015)
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Filing
342
ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR SETTLEMENT. Signed by Magistrate Judge Laurel Beeler on 6/15/2015. (lsS, COURT STAFF) (Filed on 6/15/2015)
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Filing
340
ORDER by Judge Beeler re 323 The court partly grants and partly denies the plaintiffs' motion for partial summary judgment. First, as to the cosmetics, the court holds that all the products covered in the answers to the plaintiffs Fourth R equests for Admission (ECF No. 323-9 at 6-308) are cosmetics under Cal. Health & Safety Code § 109900. Even if some of these products are also drugs, under this holding, they are also cosmetics subject to COPAs organic-content and -labeling requ irements.The court denies summary judgment on this point with respect to those items that appear on the Disputed Products list (ECF No. 323 at 25-29) but do not appear in the answers to the admission requests. The court declines to hold that these pr oducts are cosmetics under the Sherman Law and COPA on this record. The court calculates that 142 products appear in the Fourth Requests for Admission and are therefore cosmetics. From 167 total Disputed Products, this leaves a remainder of 25 that t he court has not deemed cosmetics. (If the number count is off, of course it is the substantive ruling that controls.) The court further excludes from its holding on cosmetics those products that, whatever the admission, seem plainly (at least on thi s record) outside the Sherman Law definition. This includes Avalon Organics Zinc Diaper Balm (AV37110). It also includes the following pain-relief gels: Jason Tea Tree Cooling Mineral Gel Pain Reliever (J03002); Jason Tea Tree Cooling Mineral Gel Pai n Reliever (J03022); Jason Cooling Mineral Gel Travel Size (J01332); Jason Tea Tree Soothing Gel (J04020); and Jason New Cell Therapy Oil Free Gel (J50134). It does not include Jason Aloe Vera 98% Moisturizing Gel Travel Size (J04104). The ver y name of the last product indicates that it is a moisturizer and thus comes within the Sherman Law definition of cosmetic. Second, as to soaps, the court holds that, as a matter of law, none of the Disputed Products is a soap under the definition ap pearing at 21 C.F.R. § 701.20. This conclusion rests primarily on the testimony of Hains Rule 30(b)(6) witness, Victor Mencarelli, and, for the products whose labels describe the product as anything other than soap (such as body wash), this conclusion rests on the additional ground that these products were not labeled, sold, and represented only as soap. See 21 C.F.R. § 701.20. (Beeler, Laurel) (Filed on 5/30/2015)
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Filing
333
ORDER by Judge Laurel Beeler granting 244 and 296 Motions for Partial Summary Judgment. (lblc1S, COURT STAFF) (Filed on 5/26/2015)
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Filing
332
PROPOSED SCHEDULING ORDER. The court overlooked the proposed scheduling order at ECF No. 325 until now. December 14 is not an available trial date: another case set then seems likely to go. December 7 is available. A potential problem with that da te is that (as the attached proposed scheduling order shows) it makes other deadlines tight given that the pretrial conference needed to be set a week early on November 19 because the normal default date was Thanksgiving. The attached schedule finds some space by moving the final motions and hearing dates only a week forward, but that still puts expert disclosures back to July 2. The court assumes that the parties want a settlement conference before expert disclosures, but the only date availabl e in June right now is June 25 after the civil motions calendar (so likely not until early afternoon). The court asks the parties to confer before Thursday about whether they want a December 7 trial date, whether they want to adjust any of the dates on the proposed schedule, and whether a January 25 trial date works better. If the parties want the December 7 date, the court is amenable to specially setting the pretrial conference on any other business day in November at 10 a.m. (perhaps November 24) because the court is handling the monthly criminal calendar. If the parties prefer January 25, they should submit a proposed order with their proposed schedule. (Beeler, Laurel) (Filed on 5/25/2015)
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Filing
274
ORDER GRANTING NOTICE OF WITHDRAWAL OF COUNSEL WILLIAM J. FRIEDMAN: Re 273 Notice of Change In Counsel filed by The Hain Celestial Group, Inc. Signed by Magistrate Judge Laurel Beeler on 12/12/2014. (lsS, COURT STAFF) (Filed on 12/12/2014)
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Filing
272
ORDER MODIFYING CLASS DEFINITIONS in the 269 Order Certifying the Classes pursuant to the parties' request at ECF No. 271 (Beeler, Laurel) (Filed on 11/30/2014)
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Filing
269
ORDER - Amended Order certifying Rule 23(b)(3) class, denying summary judgment, and denying parties' motions to strike. This order amends the November 14, 2013 order (ECF No. 267) to correct clerical errors. The word "Hulu" has been replaced with "Hain" on the final page of the order; typographically, the amendment also corrects two widowed headers created by the conversion to PDF. This amendment makes no substantive changes to ECF No. 267. (lblc1S, COURT STAFF) (Filed on 11/18/2014)
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Filing
267
ORDER by Judge Laurel Beeler finding as moot 223 Plaintiffs' Motion to Strike ; granting 242 Plaintiffs' Motion to Certify Class under Rule 23(b)(3); denying as premature 244 Plaintiffs' Motion for Partial Summary Judgment ; denying 251 Defendant's Motion to Strike ; and denying 252 Defendant's Motion to Strike. The parties must confer within one week of the date of this order and submit a joint case-management statement one week later with any proposed change to the class definition. See pages 32-33 of the order. (lblc1S, COURT STAFF) (Filed on 11/14/2014)
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Filing
260
ORDER - The court informs the parties that, having considered the pending motions, it will be addressing only the plaintiffs' motion for class certification (ECF No. 242) at the hearing on Thursday, November 6, 2014. The parties do not need to prepare presentations on the pending motions to strike (ECF Nos. 223, 251, 252) or on the plaintiffs' motion for partial summary judgment (ECF No. 244).(lblc1S, COURT STAFF) (Filed on 11/3/2014)
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Filing
204
Order by Magistrate Judge Laurel Beeler denying 199 Administrative Motion to File Under Seal.(lblc1S, COURT STAFF) (Filed on 8/1/2014)
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Filing
201
ORDER Re: Administrative Motion to File Under Seal 199 . (lblc1S, COURT STAFF) (Filed on 7/21/2014)
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Filing
172
ORDER by Judge Beeler denying 156 Motion for Summary Judgment (Beeler, Laurel) (Filed on 2/10/2014)
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Filing
155
Order by Magistrate Judge Laurel Beeler granting in part and denying in part 145 Motion for Attorney Fees.(lblc1, COURT STAFF) (Filed on 10/28/2013)
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Filing
153
ORDER OF WITHDRAWAL OF COUNSEL: Re 150 Notice (Other) filed by The Hain Celestial Group, Inc. Signed by Magistrate Judge Laurel Beeler on 10/22/2013. (ls, COURT STAFF) (Filed on 10/22/2013)
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Filing
138
AMENDED ORDER CONTINUING CASE MANAGEMENT CONFERENCE. A Joint Case Management Statement (with updated information only) due by 9/19/2013. Further Case Management Conference set for 9/26/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 8/21/2013. (ls, COURT STAFF) (Filed on 8/21/2013)
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Filing
135
ORDER RE CASE MANAGEMENT: A Joint Case Management Statement (with updated information only) due by 8/15/2013. Further Case Management Conference set for 8/22/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 8/1/2013. (ls, COURT STAFF) (Filed on 8/1/2013)
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Filing
116
SUA SPONTE JUDICIAL REFERRAL FOR PURPOSES OF DETERMINING RELATIONSHIP OF CASES 3:13-cv-02237 NC and 3:11-cv-03082 LB. Signed by Judge Nathanael Cousins on 5/16/13. (lmh, COURT STAFF) (Filed on 5/16/2013)
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Filing
114
ORDER REGARDING PENDING MOTION FOR ATTORNEY'S FEES - DENIED AS MOOT by Magistrate Judge Laurel Beeler: Denying 105 Motion for Attorney Fees. (ls, COURT STAFF) (Filed on 4/8/2013)
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Filing
104
ORDER by Judge Beeler denying 85 Motion to Strike ; denying 87 Motion to Dismiss (Beeler, Laurel) (Filed on 12/22/2012)
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Filing
98
ORDER by Magistrate Judge Laurel Beeler granting 97 Stipulation for Administrative Relief to Reset Case Management Deadlines. (rmm2S, COURT STAFF) (Filed on 11/26/2012)
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Filing
79
Order by Magistrate Judge Laurel Beeler granting 60 Motion for Leave to Appeal; denying 60 Motion to Stay.(lblc1, COURT STAFF) (Filed on 9/24/2012)
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Filing
76
ORDER DENYING PLAINTIFF'S MOTION TO SET DEADLINE FOR DEFENDANT TO RESPOND TO DISCOVERY ORDER. Signed by Magistrate Judge Laurel Beeler on 9/13/2012. (ls, COURT STAFF) (Filed on 9/13/2012)
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Filing
75
DISCOVERY ORDER re 71 filed by Eric Lohela, Rosminah Brown. Signed by Magistrate Judge Laurel Beeler on 9/6/2012. (ls, COURT STAFF) (Filed on 9/6/2012)
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Filing
64
ORDER by Judge Beeler granting Plaintiff's request for discovery and denyuing Hain Celestial's opposition to discovery (JUDGE BEELER, COURT STAFF) (Filed on 8/10/2012)
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Filing
59
ORDER to schedule telephone hearing re 52 First Discovery Letter Brief filed by Rosminah Brown. Signed by Judge Beeler on 08/01/2012. (JUDGE BEELER, COURT STAFF) (Filed on 8/1/2012)
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Filing
20
STIPULATION AND ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE: Case Management Statement due by 4/5/2012. Case Management Conference reset to 4/12/2012 at 10:30 A.M. Signed by Magistrate Judge Laurel Beeler on 1/17/2012. (ls, COURT STAFF) (Filed on 1/17/2012)
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