In Re: Fairlife Milk Products Marketing and Sales Practices Litigation
| alain michael, Andrew Schwartz, Alice Vitiello, Nabil Khan, Kevin Ngai, Chelsea Abowd, Mohammad Sabeehullah, Henry Henderson, Marleny Olivo and Eliana Salzhauer |
| Mike McCloskey, Sue McCloskey, Fairlife, LLC, Does 1 through 10, inclusive, Select Milk Producers, Inc. and The Coca-Cola Company |
| 1:2019cv03924 |
| June 11, 2019 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
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Filing 84
ORDER: Motion by Peter R. Silverman and Matthew T. Kemp of Shumaker, Loop & Kendrick LLP for leave to withdraw as counsel and substitute Mark S. Mester, Johanna M. Spellman, and Robert C. Collins III of Latham & Watkins LLP as counsel of record on behalf of Defendant fairlife, LLC. #80 is granted. Signed by the Honorable Robert M. Dow, Jr on 2/26/2020. Mailed notice. (sxb, )
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| Filing 83 ATTORNEY Appearance for Defendant Fairlife, LLC by Johanna Margaret Spellman (Spellman, Johanna) |
| Filing 82 ATTORNEY Appearance for Defendant Fairlife, LLC by Robert Collins, III (Collins, Robert) |
| Filing 81 ATTORNEY Appearance for Defendant Fairlife, LLC by Mark Steven Mester (Mester, Mark) |
| Filing 80 MOTION by Attorney Peter R. Silverman to withdraw as attorney for Fairlife, LLC. No party information provided (Silverman, Peter) |
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Filing 79
ORDER: Status hearing held. Motion by Attorneys Gabor Balassa, Allison A. Ray, Brendan F. Ryan, and Robyn E. Bladow of Kirkland & Ellis LLP to withdraw as attorney for Fairlife, LLC #77 is granted. Notice of motion date of 2/27/2020 is stricken and no appearances are necessary on that date. As discussed on the record, by agreement of the parties, Plaintiffs will file a consolidated amended complaint by 4/9/2020; Defendants will answer or otherwise plead by 5/29/2020. Deadlines for ESI protocol, confidentiality order, and time and expense reporting for Co-Lead Interim Class Counsel remain in place as set out in the joint status report [see 76]. This case is set for further status hearing on 6/18/2020 at 10:00 a.m. Finally, as a housekeeping matter, the Clerk may terminate the following motions as they have been ruled on: [41, 66, 69, 70]. If at any time the parties jointly wish to have a settlement conference, they shall contact the Court's Courtroom Deputy for a referral to Magistrate Judge Weisman. Signed by the Honorable Robert M. Dow, Jr on 2/25/2020. Mailed notice. (sxb, )
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| Filing 78 NOTICE of Motion by Robyn Eileen Bladow for presentment of motion to withdraw as attorney #77 before Honorable Robert M. Dow Jr. on 2/27/2020 at 09:15 AM. (Bladow, Robyn) |
| Filing 77 MOTION by Attorney Gabor Balassa, Allison A. Ray, Brendan F. Ryan, and Robyn E. Bladow of Kirkland & Ellis LLP to withdraw as attorney for Fairlife, LLC. No party information provided (Bladow, Robyn) |
| Filing 76 STATUS Report (Joint) by Nabil Khan, Chelsea Abowd, Henry Henderson, Alain Michael, Kevin Ngai, Marleny Olivo, Mohammad Sabeehullah, Eliana Salzhauer, Andrew Schwartz, Alice Vitiello (Keller, Amy) |
| Filing 75 MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr on January 22, 2020. For the reasons stated below, the Court appoints Amy E. Keller of DiCello Levit Gutzler LLC, Melissa S. Weiner of Pearson, Simon & Warshaw, LLP, and Michael R. Reese of Reese LLP as co-lead interim class counsel in this MDL, for a term of one year, renewal upon application 30 days prior to the expiration of their current term. This case is set for further status hearing on February 25, 2020, at 10:00 a.m. Please see below for further case management deadlines and items of note for all counsel of record in this litigation to consider prior to the next status hearing. Mailed notice(cdh, ) |
| Filing 74 MINUTE entry before the Honorable Robert M. Dow, Jr: The Court anticipates issuing an order appointing a plaintiffs' leadership structure in this MDL no later than 1/24/2020 and will set a date and time for the next case management conference in that same order. Mailed notice (cdh, ) |
| Filing 73 NOTICE by Eliana Salzhauer of Supplemental Information (Keller, Amy) |
| Filing 72 RESPONSE by Plaintiffs Alain Michael, Andrew Schwartz, Alice Vitiello to motion for miscellaneous relief, #66 , motion for miscellaneous relief, #70 re Appointment of Interim Class Counsel (Attachments: #1 Declaration of Yeremey Krivoshey, #2 Declaration of Anthony T. Eliseuson,)(Krivoshey, Yeremey) |
| Filing 71 RESPONSE by Plaintiff Eliana Salzhauer by the DPR Group to Motions for the Appointment of Interim Class Counsel (Keller, Amy) |
| Filing 70 MOTION by Plaintiff Eliana SalzhauerAppointment of Amy E. Keller, Melissa S. Weiner, and Michael R. Reese as Interim Co-Lead Class Counsel (Attachments: #1 Memorandum in Support, #2 Exhibit A, DiCello Levitt Gutzler Firm Resume, #3 Exhibit B, Pearson, Simon & Warshaw, LLP Firm Resume, #4 Exhibit C, Reese LLP Firm Resume, #5 Exhibit D, Compassion Over Killing Resume)(Keller, Amy) |
| Filing 69 MOTION by Plaintiffs Alain Michael, Andrew Schwartz, Alice Vitiello for the Appointment of Interim Class Counsel (Attachments: #1 Declaration of Yeremey O. Krivoshey, #2 Declaration of Carl V. Malmstrom, #3 Declaration of Anthony Eliseuson)(Krivoshey, Yeremey) |
| Filing 68 MEMORANDUM by Kevin Ngai IN SUPPORT OF APPLICATION OF AMY E. KELLER, MELISSA S. WEINER, AND MICHAEL R. REESE FOR APPOINTMENT AS INTERIM CLASS COUNSEL (Attachments: #1 Exhibit 1)(LippSmith, Graham) |
| Filing 67 MEMORANDUM by Marleny Olivo BRIEF OF FARUQI & FARUQI, LLP IN SUPPORT OF APPLICATION OF AMY E. KELLER, MELISSA S. WEINER, AND MICHAEL R. REESE FOR APPOINTMENT AS INTERIM CLASS COUNSEL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(g) (Heikali, Benjamin) |
| Filing 66 MOTION for Appointment to leadership structure by Mohammad Sabeehullah et al. (Attachments: #1 Exhibit A- Firm's Biography, #2 Exhibit B- Declaration of Ryan Frasher, #3 Exhibit C- Declaration of Rick Paul)(Saeed, Syed) (Docket Text Modified by Clerk's Office) (sxb, ). |
| Filing 65 Brief in Support of the Appointment of the DPR Team by Henry Henderson (Zavareei, Hassan) |
| Filing 64 ATTORNEY Appearance for Plaintiff Alain Michael by Anthony Thomas Eliseuson (Eliseuson, Anthony) |
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Filing 63
ORDER Signed by the Honorable Robert M. Dow, Jr on 11/26/2019. Mailed notice. (sxb, )
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| Filing 62 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing held on 11/26/2019. Order to follow. Mailed notice (cdh, ) |
| Filing 61 REPORT of Rule 26(f) Planning Meeting by Alain Michael (Krivoshey, Yeremey) |
| Filing 60 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Melissa Susan Weiner (Weiner, Melissa) |
| Filing 59 ATTORNEY Appearance for Defendant The Coca-Cola Company by Rachael M Trummel (Trummel, Rachael) |
| Filing 58 ATTORNEY Appearance for Defendant The Coca-Cola Company by Jeffrey S. Cashdan (Cashdan, Jeffrey) |
| Filing 57 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16462668. (Silverman, Peter) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16462649. (Kemp, Matthew) |
| Filing 55 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion for leave to appear pro hac vice #54 is granted. Mailed notice (cdh, ) |
| Filing 54 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16454546. (Warshaw, Daniel) |
| Filing 53 ATTORNEY Appearance for Plaintiff Kevin Ngai by Jaclyn L. Anderson (Anderson, Jaclyn) |
| Filing 52 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to appear pro hac vice #50 is granted. Mailed notice (cdh, ) |
| Filing 51 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Michael Robert Reese (Reese, Michael) |
| Filing 50 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16441450. (Anderson, Jaclyn) |
| Filing 49 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Joseph Charles Bourne (Bourne, Joseph) |
| Filing 48 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Adam J. Levitt (Levitt, Adam) |
| Filing 47 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Amy Elisabeth Keller (Keller, Amy) |
| Filing 46 ATTORNEY Appearance for Plaintiff Eliana Salzhauer by Adam M. Prom (Prom, Adam) |
| Filing 45 MINUTE entry before the Honorable Robert M. Dow, Jr: Motions to appear pro hac vice #39 and #40 are granted. Mailed notice (cdh, ) |
| Filing 44 SUMMONS Returned Executed by Kevin Ngai as to Fairlife, LLC on 9/24/2019. (Attachments: #1 Summons)(LippSmith, Graham) |
| Filing 43 MINUTE entry before the Honorable Robert M. Dow, Jr: The parties have called to the Court's attention an error in Section VII of the Initial Status Order #35 entered on 11/7/2019. The last sentence of the second paragraph should read as follows: "The joint organization and management plan must be filed on or before November 22, 2019, containing the following information:" The Court apologizes to counsel for the confusion. Mailed notice (cdh, ) |
| Filing 42 NOTICE of Motion by Mark Steven Mester for presentment of motion for miscellaneous relief #41 before Honorable Robert M. Dow Jr. on 11/26/2019 at 10:30 AM. (Mester, Mark) |
| Filing 41 MOTION by Defendants Mike McCloskey, Sue McCloskey Agreed Motion to Alter Defendants' Time to Respond to Complaints (Mester, Mark) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16429859. (Nobles, Katherine) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16427462. (Attachments: #1 Exhibit Court Admissions)(Toro, John) |
| Filing 38 ATTORNEY Appearance for Defendant Select Milk Producers, Inc. by Andrew H Schrag (Schrag, Andrew) |
| Filing 37 ATTORNEY Appearance for Defendant Select Milk Producers, Inc. by Timothy Bunker Hardwicke (Hardwicke, Timothy) |
| Filing 36 ATTORNEY Appearance for Plaintiff Henry Henderson by Hassan A. Zavareei (Zavareei, Hassan) |
| Filing 35 INITIAL STATUS ORDER Signed by the Honorable Robert M. Dow, Jr. on 11/7/2019. Mailed notice(cdh, ) |
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Filing 34
ORDER: This is the first case management order in MDL No. 2909. At present, there are 8 actions consolidated in this MDL, which will proceed with Case No. 19-cv-3924 as the Master Docket. See Transfer Order #33 (noting original four cases); CTO-1 #32 (noting four tag-along cases). The purpose of this order is simply to provide notice to counsel of the initial status conference at which the lawyers from both sides can assemble to discuss the best way of organizing this MDL to accomplish the purposes of Rule 1 and to "steer this litigation on an efficient and prudent course." [32, at 2]. The status hearing will take place on Tuesday, November 26, 2019 at 10:30 a.m. in Courtroom 2303, Dirksen Federal Building, 219 South Dearborn Street, in Chicago. This order is being served electronically upon the counsel whose appearances are listed on the docket of Case Nos. 19-cv-3924 and 19-cv-3929, already pending in the Northern District of Illinois. Counsel who receive this order are directed to forward a copy of the order to any other attorneys who filed appearances in cases that have been transferred to this Court and who are not listed on the docket and/or service list for 19-cv-3924 and/or 19-cv-3929. Counsel who represent a party in a case transferred under the MDL who do not currently appear of record in the Master Docket, Case Number 19-cv-3924 should file their appearance in that case as soon as possible. All counsel are required to promptly register for and participate in the Northern District of Illinois's CM/ECF filing system. That system gives each counsel immediate access to all electronically filed documents and obviates the need to make personal service on the individual parties. Unless otherwise ordered, all documents shall be filed electronically via the Court's CM/ECF system and must be filed in accordance with the Northern District of Illinois' Local Rules and this Court's Individual Standing Orders. A more detailed initial status order will be forthcoming later this week. Signed by the Honorable Robert M. Dow, Jr on 11/4/2019. Mailed notice. (sxb, )
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| MIDP NOTICE: This case has been reassigned to a MDL that is not participating in the MIDP Program therefore, this case is no longer part of MIDP Program regarding #32 . (kp, ) |
| Filing 32 CONDITIONAL TRANSFER ORDER (CTO-1) from the Judicial Panel on Multidistrict Litigation, transferring cases to become part of MDL 2909. (kp, ) |
| Filing 33 TRANSFER order of 10/2/2019 from MDL Panel establishing MDL 2909. Case No. 19-cv-3924 master docket. (kp, ) |
| Filing 31 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Yeremey Krivoshey to appear pro hac vice on behalf of the Plaintiff #28 is granted. Mailed notice (cdh, ) |
| Filing 30 MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for an extension of time of forty-five days after ruling by the JPML on all motions to transfer, to respond to Plaintiff's complaint #26 is granted. Status hearing set for 7/23/2019 is stricken. Notice of motion date of 7/23/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 29 STATUS Report (JOINT) by Alain Michael (Klorczyk, Frederick) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16050922. (Krivoshey, Yeremey) |
| Filing 27 NOTICE of Motion by Mark Steven Mester for presentment of motion for extension of time to file answer #26 before Honorable Robert M. Dow Jr. on 7/23/2019 at 09:15 AM. (Mester, Mark) |
| Filing 26 MOTION by Defendants Mike McCloskey, Sue McCloskey for extension of time to file answer - Unopposed Motion for an Extension of Time to Respond to Plaintiff's Complaint (Mester, Mark) |
| Filing 25 ATTORNEY Appearance for Defendants Mike McCloskey, Sue McCloskey by Robert Collins, III (Collins, Robert) |
| Filing 24 ATTORNEY Appearance for Defendants Mike McCloskey, Sue McCloskey by Johanna Margaret Spellman (Spellman, Johanna) |
| Filing 23 ATTORNEY Appearance for Defendants Mike McCloskey, Sue McCloskey by Mark Steven Mester (Mester, Mark) |
| Filing 22 MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion for extension of time to respond to Plaintiff's class action complaint #19 is granted. Notice of motion date of 7/16/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 21 ATTORNEY Appearance for Plaintiff Alain Michael by Frederick John Klorczyk, III (Proof of Service) (Envelope postmarked 7/8/2019) (sxb, ) |
| Filing 20 NOTICE of Motion by Gabor Balassa for presentment of extension of time #19 before Honorable Robert M. Dow Jr. on 7/17/2019 at 09:15 AM. (Balassa, Gabor) |
| Filing 19 MOTION by Defendant Fairlife, LLC for extension of time [Unopposed] (Balassa, Gabor) |
| Filing 18 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant Fairlife's motion to reassign case No. 19-cv-3929, which is currently assigned to Judge John Robert Blakey as related to 19-cv-3924 #12 is granted. Notice of motion date of 7/10/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) |
| Filing 17 [Unopposed] NOTICE of Motion by Gabor Balassa for presentment of motion to reassign case #12 before Honorable Robert M. Dow Jr. on 7/10/2019 at 09:15 AM. (Balassa, Gabor) |
| Filing 16 ATTORNEY Appearance for Plaintiffs Andrew Schwartz, Alice Vitiello by Carl V. Malmstrom (Malmstrom, Carl) |
| Filing 15 Notice of Non-Opposition by Andrew Schwartz, Alice Vitiello to Defendant Fairlife, LLC's Motion for Reassignment (Malmstrom, Carl) |
| Filing 14 DEFENDANTS CORPORATE DISCLOSURE STATEMENT by Fairlife, LLC (Balassa, Gabor) |
| Filing 13 NOTICE of Motion by Gabor Balassa for presentment of motion to reassign case #12 before Honorable Robert M. Dow Jr. on 7/10/2019 at 09:15 AM. (Balassa, Gabor) |
| Filing 12 MOTION by Defendant Fairlife, LLC to reassign case (Attachments: #1 Exhibit Schwartz Complaint, Case No. 19-cv-3929)(Balassa, Gabor) |
| Filing 11 ATTORNEY Appearance for Defendant Fairlife, LLC by Allison A. Ray (Ray, Allison) |
| Filing 10 ATTORNEY Appearance for Defendant Fairlife, LLC by Robyn Eileen Bladow (Bladow, Robyn) |
| Filing 9 ATTORNEY Appearance for Defendant Fairlife, LLC by Gabor Balassa (Balassa, Gabor) |
| SUMMONS Issued as to Defendants Fairlife, LLC, Mike McCloskey, Sue McCloskey. (kb, ) |
| Filing 8 BRIEF in Support of Motion for Transfer of Actions pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Prerial Proceedings in re Fairlife Milk Products Marketing and Sales Practices Litigation before the United States Judicial Panel on Multidistrict Litigation (sxb, ) |
| Filing 7 MOTION for Transfer of Actions pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings in re Fairlife Milk Products Marketing and Sales Practices Litigation before the United States Judicial Panel on Multidistrict Litigation (sxb, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Alain Michael by Frederick John Klorczyk, III (Klorczyk, Frederick) |
| Filing 5 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 7/23/2019 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Alain Michael by Michael J McMorrow (McMorrow, Michael) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ek, ) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (rc, ) |
| Filing 2 CIVIL Cover Sheet (McMorrow, Michael) |
| Filing 1 COMPLAINT filed by alain michael; JURY DEMAND. Filing fee $ 400, receipt number 0752-15919361.(McMorrow, Michael) |
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