Frith et al v. Whole Foods Market, Inc.

Justia Dockets & Filings First Circuit Massachusetts District Court Frith et al v. Whole Foods Market, Inc.

Frith et al v. Whole Foods Market, Inc.

Plaintiff:	Corey Samuel, Camille Tucker-Tolbert, Suverino Frith, Mackenzie Shanahan, Lindsay Vuong, Faith Walsh, Samantha Berimbau, Abdulai Barry, Savannah Kinzer, Lylah Styles, Ana Belen Del Rio-Ramirez, Cedrick Juarez, Sharie Robinson, Kayla Greene, Yurin London, Cassidy Visco, Alice Tisme, Jennifer Osayande, Sarita Wilson, Justine O'Neill, Suepriya Adhi, Kelly Rigler, Haley Evans, Britney Ifebohr, Kirby Burt, Kanaya Ryland, Leaver Michel, Charles Thompson and Christopher Michno
Defendant:	Whole Foods Market, Inc. and Amazon.com, Inc.
Case Number:	1:2020cv11358
Filed:	July 20, 2020
Court:	US District Court for the District of Massachusetts
Presiding Judge:	Allison D Burroughs
Referring Judge:	Leo T Sorokin
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By:	Plaintiff

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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 23, 2023	Filing 160 Judge Allison D. Burroughs: ORDER entered. JUDGMENT on behalf of the Defendant, Whole Foods Market, Inc..(McManus, Caetlin)
January 23, 2023	Filing 159 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER Granting Motion for Summary Judgment. To echo the previous sentiments of this Court and the First Circuit panel who affirmed the Court's earlier judgment, this holding is not about the importance of the Black Lives Matter message, the value of Plaintiffs' advocacy in wearing the masks, the valor of their speaking out against what they perceived to be discrimination in their workplace, or the quality of Whole Foods' decision-making. It is about whether the record can support three retaliation claims under Title VII. Here, the Court finds that no reasonable jury could conclude by a preponderance of the evidence that Whole Foods' reasons for Plaintiffs' terminations were pretextual and motivated by discriminatory animus.The motion for summary judgment, [ECF No. #107 ], is therefore GRANTED.SO ORDERED.(McManus, Caetlin)
September 30, 2022	Filing 158 NOTICE of Withdrawal of Appearance by Anastasia Doherty (Doherty, Anastasia)
July 20, 2022	Filing 157 MANDATE of USCA as to #67 Notice of Appeal, filed by Suverino Frith. Appeal #67 Terminated (Paine, Matthew)
June 28, 2022	Filing 156 USCA Judgment as to #67 Notice of Appeal, filed by Suverino Frith. AFFIRMED... (Paine, Matthew)
June 28, 2022	Filing 155 OPINION of USCA as to #67 Notice of Appeal, filed by Suverino Frith. (Paine, Matthew)
June 10, 2022	Filing 154 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs have filed two motions in which they seek to limit disclosure of a set of documents they produced during discovery. The documents at issue are Facebook messages between Plaintiff Savannah Kinzer and several non-parties discussing this case, including current and former employees of Defendant Whole Foods. After much dispute, Plaintiff Kinzer produced these group messages pursuant to a Court Order, [ECF No. 123 ], 2,019 pages total, with the names of all third-party participants redacted and designated the production as Highly Confidential Attorneys Eyes Only.Plaintiffs first motion, [ECF No. #146 ], asks the Court maintain the redactions of third-party names and the Highly Confidential designation of these documents, pursuant to the Protective Order in place in this case, [ECF No. #78 ]. Defendant opposes maintaining the designation, [ECF No. #150 ], and, per the Protective Order, the dispute will be resolved by the Court, [ECF No. #78 8].Federal Rule of Civil Procedure 26(c)(1) provides that a court may for good cause, issue an order to protect a party or a person from annoyance, embarrassment, oppression, or undue burden or expense[.] Fed. R. Civ. P. 26(c)(1). There is a long-standing common law presumption of access to judicial records, Nixon v. Warner Commcns, Inc., 435 U.S. 589, 597 (1978), but courts have broad discretion to decide when a protective order is appropriate and what degree of protection is required. ClearOne Commcns, Inc. v. Chiang, 276 F.R.D. 402, 404 (D. Mass. 2011) (internal quotation marks and citation omitted).Here, Plaintiffs have not demonstrated good cause for maintaining the Highly Confidential Attorneys Eyes Only designation of the production. Plaintiffs argue that the designation is appropriate in order to shield non-party employees privacy and Section 7 confidentiality interests. [ECF No. #146 at 4]. The Court, however, has already found that production of the messages during discovery in this civil litigation does not implicate any protections under Section 7 of the National Labor Relations Act, and Plaintiffs have not made a sufficient showing of harm to third-party privacy interests. While third-party privacy interests weigh heavily in the Courts decision of whether to limit public access to judicial records, United States v. Kravetz, 706 F.3d 47, 62 (1st Cir. 2013), the information contained in the messages does not rise to the level of sensitive third-party information generally guaranteed such protection, such as non-party employee personnel files and other employment records. See, e.g.,Duling v. Gristedes Operating Corp., 266 F.R.D. 66, 7273 (S.D.N.Y. 2010). Furthermore, Plaintiffs have not explained what, if any, privacy interest exists for those no longer employed by Defendant nor have Plaintiffs identified which participants are still employed by Defendant.Second, the possible consequences of disclosure highlighted by Plaintiffs are significantly mitigated by the redaction of the names of the third parties. To the extent Defendant disputes those redactions, [ECF No. #150 at 12], such a challenge will be denied. Plaintiffs suggest that there may be messages where, even with names redacted, Defendant may discern the identity of the non-parties by reviewing contextual information contained in the document. [ECF No. #146 at 15]. Plaintiffs may propose further redactions of those specific statements individually, but a sweeping claim of confidentiality over the entire production, most of which the Court has not seen, is overbroad, particularly in the face of the Defendants seeming willingness to agree to anonymizing redactions.The Court now turns to Plaintiffs second related motion. [ECF No. #143 ]. Defendant attached excerpts (four pages total) of the above referenced redacted group messages as Exhibits L and M to the Declaration of Julie Silva Palmer in support of its motion for summary judgment. See [ECF Nos. #140 , #140 -12, #140 -13]. Plaintiffs moved to permanently seal both exhibits, [ECF No. #143 ], and any references to them in Defendants reply brief, which Defendant opposes. [ECF No. #144 ]. Defendants reply brief makes use of the exhibits only to reference messages sent by Kinzer that do not name or discuss any third-parties other than Plaintiffs counsel. [ECF No. #137 at 7, 9]. Given Defendants limited use of Exhibits L and M and the fact that the Court has found no reason to keep the messages confidential, the Court orders that Exhibits L and M and any references thereto in Defendants reply brief be unsealed (apart from the redactions of third-party names).Accordingly, Plaintiffs motion to seal, [ECF No. #143 ], is DENIED, and Plaintiffs motion concerning the designation of certain documents, [ECF No. #146 ], is GRANTED only as to the request to maintain the redactions of non-party names and DENIED as to the request to maintain the Highly Confidential designation over the entire production.(McManus, Caetlin)
May 11, 2022	Filing 153 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #151 Motion to Seal (to Provisionally Seal Documents).(Folan, Karen)
May 11, 2022	Filing 152 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #148 MOTION to Seal Document #147 Declaration, Exhibit A (Folan, Karen)
May 5, 2022	Filing 151 MOTION to Seal (to Provisionally Seal Documents) by Whole Foods Market, Inc..(Silva Palmer, Julie)
May 5, 2022	Filing 150 Opposition re #146 MOTION to Maintain Highly Confidential Designation and Redactions Applied to Documents Produced b Plaintiff Kinzer in Discovery Pursuant to this Court's Order filed by Whole Foods Market, Inc.. (Attachments: #1 Declaration of Julie Silva Palmer, Esq.)(Silva Palmer, Julie) (Additional attachment(s) added on 5/6/2022: #2 Unredacted Opposition (Filed Under Seal), #3 Exhibit A (Filed Under Seal), #4 Exhibit B (Filed Under Seal), #5 Exhibit C (Filed Under Seal)) (McManus, Caetlin).
April 25, 2022	Filing 149 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #145 Motion for Leave to File Reply ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
April 21, 2022	Filing 148 MOTION to Seal Document #147 Declaration, Exhibit A by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
April 21, 2022	Filing 147 DECLARATION re #146 MOTION to Maintain Highly Confidential Designation and Redactions Applied to Documents Produced b Plaintiff Kinzer in Discovery Pursuant to this Court's Order by Haley Evans, Savannah Kinzer, Christopher Michno. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B)(Liss-Riordan, Shannon) (Attachment 1 replaced on 6/1/2022) (McManus, Caetlin).
April 21, 2022	Filing 146 MOTION to Maintain Highly Confidential Designation and Redactions Applied to Documents Produced b Plaintiff Kinzer in Discovery Pursuant to this Court's Order by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
April 15, 2022	Filing 145 MOTION for Leave to File Reply to Defendant Whole Foods Market, Inc.'s Opposition to Plaintiff's Motion to Seal by Haley Evans, Savannah Kinzer, Christopher Michno. (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon)
April 4, 2022	Filing 144 Opposition re #143 MOTION to Seal filed by Whole Foods Market, Inc.. (Silva Palmer, Julie)
March 22, 2022	Filing 143 MOTION to Seal by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
March 21, 2022	Filing 142 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #141 Motion to Seal. (Folan, Karen)
March 18, 2022	Filing 141 MOTION to Seal (to file Provisionally Under Seal) by Whole Foods Market, Inc..(Silva Palmer, Julie)
March 18, 2022	Filing 140 DECLARATION of Julia Silva Palmer in further support of Motion for Summary Judgment by Whole Foods Market, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L (SEALED), #13 Exhibit M (SEALED), #14 Exhibit N)(Silva Palmer, Julie) (Attachment 12 replaced on 3/21/2022) (McManus, Caetlin). (Attachment 13 replaced on 3/21/2022) (McManus, Caetlin).
March 18, 2022	Filing 139 Statement of Material Facts L.R. 56.1 re #107 MOTION for Summary Judgment (Response - this refers back to Dkt. No. 128) filed by Whole Foods Market, Inc.. (Silva Palmer, Julie)
March 18, 2022	Filing 138 Statement of Material Facts L.R. 56.1 re #107 MOTION for Summary Judgment (Reply - this refers back to Dkt Nos 109 and 129) filed by Whole Foods Market, Inc.. (Silva Palmer, Julie)
March 18, 2022	Filing 137 REPLY to Response to #107 MOTION for Summary Judgment (Redacted) filed by Whole Foods Market, Inc.. (Silva Palmer, Julie) (Additional attachment(s) added on 3/21/2022: #1 SEALED REPLY to Response to 107 MOTION for Summary Judgment (Unredacted)) (McManus, Caetlin).
March 17, 2022	Filing 136 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #135 Motion to Seal. (Folan, Karen)
March 16, 2022	Filing 135 MOTION to Seal by Whole Foods Market, Inc..(Silva Palmer, Julie)
March 7, 2022	Filing 134 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn)
March 7, 2022	Filing 133 Transcript of Telephonic Hearing held on November 12, 2021, before Judge Allison D. Burroughs. COA Case No. 22-1064. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Joan Daly at joanmdaly62@gmail.com. Redaction Request due 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/6/2022. (Coppola, Katelyn)
February 28, 2022	Filing 132 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #131 Motion to Seal.(Folan, Karen)
February 26, 2022	Filing 131 MOTION to Seal by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
February 26, 2022	Filing 130 DECLARATION re #127 Opposition to Motion for Summary Judgment by Haley Evans, Savannah Kinzer, Christopher Michno. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Liss-Riordan, Shannon) (Additional attachment(s) added on 3/4/2022: #31 Exhibit 3 Unredacted (Filed Under Seal), #32 Exhibit 5 Unredacted (Filed Under Seal), #33 Exhibit 6 Unredacted (Filed Under Seal), #34 Exhibit 9 Unredacted (Filed Under Seal), #35 Exhibit 12 Unredacted (Filed Under Seal), #36 Exhibit 13 Unredacted (Filed Under Seal), #37 Exhibit 14 Unredacted (Filed Under Seal)) (McManus, Caetlin).
February 26, 2022	Filing 129 Plaintiff's Response by Haley Evans, Savannah Kinzer, Christopher Michno to #109 Statement of Material Facts L.R. 56.1 . (Liss-Riordan, Shannon) (Additional attachment(s) added on 3/4/2022: #1 Plaintiff's Unredacted Opposition to Defendant's Statement of Facts (Filed Under Seal)) (McManus, Caetlin).
February 25, 2022	Filing 128 Statement of Material Facts L.R. 56.1 re #107 MOTION for Summary Judgment (in support of Plaintiffs' Opposition to Defendant's Motion for Summary Judgment) filed by Haley Evans, Savannah Kinzer, Christopher Michno. (Liss-Riordan, Shannon) (Additional attachment(s) added on 3/4/2022: #1 Plaintiff's Unredacted Statement of material Facts in Support of Their Opposition to Defendant's Motion for Summary Judgment (Filed Under Seal)) (McManus, Caetlin).
February 25, 2022	Filing 127 Opposition re #107 MOTION for Summary Judgment filed by Haley Evans, Savannah Kinzer, Christopher Michno. (Liss-Riordan, Shannon) (Additional attachment(s) added on 3/4/2022: #1 Plaintiff's Unredacted Opposition to Defendant's Motion for Summary Judgment (Filed Under Seal)) (McManus, Caetlin).
February 7, 2022	Filing 126 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #125 Motion for Extension of Time to February 25, 2022, and March 18, 2022 to file Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Defendants' Reply, respectively. (Folan, Karen)
February 7, 2022	Filing 125 Joint MOTION for Extension of Time to February 25, 2022, and March 18, 2022 to file Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Defendants' Reply, respectively by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
February 7, 2022	Filing 124 Judge Allison D. Burroughs: ORDER Directing Discovery entered. (McManus, Caetlin)
January 24, 2022	Filing 123 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. As directed by an order of this Court, [ECF No. 118 ], Plaintiffs must produce the responsive text messages today. "Court orders are obligations not suggestions." Robinson v. Orellana-Rosado, No. 20-cv-1550, 2021 WL 5570333, (D.P.R. May 11, 2021). As requested in their most recent letter to the Court, [ECF No. #122 ], Plaintiff may redact the names of participants for the purposes of today's production with the hopes that parties can reach an agreement on this issue or to allow time to litigate this discrete issue if they cannot reach agreement. (McManus, Caetlin)
January 24, 2022	Filing 122 Letter/request (non-motion) from Shannon Liss-Riordan (counsel for Plaintiffs) . (Liss-Riordan, Shannon)
January 24, 2022	Filing 121 USCA Case Number 22-1064 for #119 Notice of Appeal,,, filed by Savannah Kinzer, Haley Evans, Christopher Michno. (Danieli, Chris)
January 24, 2022	Filing 120 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #119 Notice of Appeal. (Pacho, Arnold)
January 24, 2022	Filing 119 NOTICE OF APPEAL as to #106 Order by Haley Evans, Savannah Kinzer, Christopher Michno Filing fee: $ 505, receipt number AMADC-9150120 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/14/2022. (Liss-Riordan, Shannon)
January 24, 2022	Filing 118 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs request for stay is DENIED, see [ECF No #111 ], and Defendants motion to strike is DENIED as moot, [ECF No. #114 ]. Plaintiffs request for an extension of the deadline to produce is also DENIED. See [ECF No. #116 ]. Plaintiffs were first ordered to produce the text messages responsive to Defendants request by December 22, 2021, see [ECF No. 97 ], and then again by January 21, 2022, see [ECF No. #106 ]. As of January 24, 2022, Plaintiff has failed to do so. Plaintiffs are once again ORDERED to produce the text messages by 5:00PM today. (McManus, Caetlin)
January 21, 2022	Filing 117 Response by Whole Foods Market, Inc. to #116 Letter/request (non-motion) . (Silva Palmer, Julie)
January 21, 2022	Filing 116 Letter/request (non-motion) from Shannon Liss-Riordan regarding Order in Dkt. 106. (Liss-Riordan, Shannon)
January 20, 2022	Filing 115 Letter/request (non-motion) from Defendant Whole Foods Market, Inc. in connection with Motion to Strike . (Silva Palmer, Julie)
January 20, 2022	Filing 114 MOTION to Strike #111 Letter/request (non-motion) (Plaintiffs' Letter Motion to Stay) by Whole Foods Market, Inc..(Silva Palmer, Julie)
January 19, 2022	Filing 113 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. From this point forward, all communications with the court in this case shall be by motion or by letters that do not exceed 2 pages. (Folan, Karen)
January 18, 2022	Filing 112 Letter/request (non-motion) from Defendant Whole Foods Market, Inc. in response to Plaintiffs' 1/5/22 discovery dispute letter . (Attachments: #1 Exhibit A through Exhibit D, #2 Exhibit E through Exhibit H)(Silva Palmer, Julie)
January 17, 2022	Filing 111 Letter/request (non-motion) from Shannon Liss-Riordan . (Liss-Riordan, Shannon)
January 12, 2022	Filing 110 Certification of Julia Silver Palmer, Esq. in Support re #107 MOTION for Summary Judgment filed by Amazon.com, Inc., Whole Foods Market, Inc.. (Attachments: #1 Exhibit A-Evans Deposition Excerpts, #2 Exhibit B-Michno Deposition Excerpts, #3 Exhibit C-Kinzer Deposition Excerpts, #4 Exhibit D-Charney Deposition Excerpts, #5 Exhibit E-Duncan Deposition Excerpts, #6 Exhibit F-Smith Deposition Excerpts, #7 Exhibit G-Smith Supplemental Declaration)(Silva Palmer, Julie) Modified on 1/27/2022; docket text corrected to reflect title of document. (McManus, Caetlin).
January 12, 2022	Filing 109 Statement of Material Facts L.R. 56.1 re #107 MOTION for Summary Judgment filed by Amazon.com, Inc., Whole Foods Market, Inc.. (Silva Palmer, Julie)
January 12, 2022	Filing 108 MEMORANDUM in Support re #107 MOTION for Summary Judgment filed by Amazon.com, Inc., Whole Foods Market, Inc.. (Silva Palmer, Julie)
January 12, 2022	Filing 107 MOTION for Summary Judgment by Amazon.com, Inc., Whole Foods Market, Inc..(Silva Palmer, Julie)
January 12, 2022	Filing 106 Judge Allison D. Burroughs: ORDER entered. Plaintiffs' request, [ECF No. #100 ], is DENIED and Plaintiffs are hereby ordered to produce the text messages by January 21, 2022.SO ORDERED.(McManus, Caetlin)
January 10, 2022	Filing 105 Letter/request (non-motion) from Defendant Whole Foods Market, Inc. regarding privilege issues . (Attachments: #1 Declaration of Jason Nickerson)(Silva Palmer, Julie)
January 5, 2022	Filing 104 Letter/request (non-motion) from Shannon Liss-Riordan challenging privilege objections asserted by Defendant Whole Foods Market, Inc. at recent depositions. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Liss-Riordan, Shannon)
January 3, 2022	Filing 103 Letter/request (non-motion) from Shannon Liss-Riordan in reply to Defendants' Letter (Dkt. 102) and in further support of Plaintiffs' Letter (Dkt. 100). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liss-Riordan, Shannon)
December 30, 2021	Filing 102 Letter/request (non-motion) from Defendant Whole Foods Market, Inc. in response to Plaintiffs' 12/21/21 Letter . (Silva Palmer, Julie)
December 22, 2021	Filing 101 EXHIBIT re #100 Letter/request (non-motion) by Haley Evans, Savannah Kinzer, Christopher Michno. (Liss-Riordan, Shannon)
December 21, 2021	Filing 100 Letter/request (non-motion) from Plaintiffs requesting extension of time to produce documents ordered produced in Dkt. 97 . (Liss-Riordan, Shannon)
December 20, 2021	Filing 99 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #98 Motion for Extension of Time to 1/12/22 for dispositive motion deadline. (Folan, Karen)
December 17, 2021	Filing 98 Joint MOTION for Extension of Time for Deadlines of Dispositive Motion by Whole Foods Market, Inc..(Silva Palmer, Julie)
December 17, 2021	Filing 97 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. After reviewing the letters submitted by the parties, [ECF Nos. #92 , #95 , #96 ], the Court orders the parties to engage in discovery as follows.Plaintiffs, as the party seeking to invoke privilege, must carry the devoir of persuasion to show that it applies to a particular communication and has not been waived. In re Grand Jury Subpoena (Mr. S.), 662 F.3d 65, 71 (1st Cir. 2011). Because Plaintiffs have failed to meet this burden, they must produce the documents responsive to Defendants requests.First, Plaintiffs are ordered to produce the affidavit of Plaintiff Christopher Michno (Mr. Michno) given before the National Labor Relations Board (Board), which Mr. Michno reviewed prior to his deposition. The affidavit is plainly relevant, see [ECF No. #96 -1 at 6 (Mr. Michnos deposition testimony stating that the affidavit discussed specific events regarding his employment, write-ups, and separat[ion] from Whole Foods in relation to wearing the Black Lives Matter masks)], and Plaintiffs have failed to provide any compelling rationale for withholding production of the document.A document used to refresh a witnesss memory before testifying may be subject to discovery if the Court finds that disclosure is in the interest of justice. Fed. R. Evid. 612(b). The Court must balance a defendants interests in having a more complete record and testing the credibility of the witness against a plaintiffs need for confidentially. Heron Interact, Inc. v. Guidelines, Inc., 244 F.R.D. 75, 77 (D. Mass. 2007). Plaintiffs assert that the affidavit cannot be produced given the Boards internal guidelines governing confidentiality and because it is protected as attorney work product. See [ECF No. #95 ]. Both arguments fail. The Boards guidelines do not prohibit production here. Courts have routinely stated that the production of witness statements given before the Board is appropriate where such a document could serve only to test the memory and credibility of the witness, while, in the absence of a claim of confidence or privilege, there can be no sound reason to bar such production. NLRB v. Adhesive Prod. Corp., 258 F.2d 403, 408 (2d Cir. 1958); see alsoHarvey Aluminum (Inc.) v. NLRB, 335 F.2d 749, 754 (9th Cir. 1964).Turning to Plaintiffs claim of work product privilege, while an affidavit produced during the course of a Board investigation may be considered work product, seeKent Corp. v. NLRB, 530 F.2d 612, 623 (5th Cir. 1976), the privilege belongs to the Board counsel who prepared it and is not for Plaintiffs to invoke. Data Gen. Corp. v. Grumman Sys. Support Corp., 139 F.R.D. 556, 560 (D. Mass. 1991). Plaintiffs have attempted to bridge this gap by asserting the existence of a common-interest privilege between Plaintiffs and the Boards counsel, but they have not provided any evidence to meet the standard in this Circuit. For the common-interest exception to apply, the party asserting the privilege must show that (1) the communications were made in the course of a joint defense effort, (2) the statements were designed to further the effort, and (3) the privilege has not been waived. Kens Foods, Inc. v. Kens Steak House, Inc., 213 F.R.D. 89, 93 (D. Mass. 2002) (quoting United States v. Bay State Ambulance and Hosp. Rental Serv., Inc., 874 F.2d 20, 28 (1st Cir. 1989)); see alsoCavallaro v. United States, 284 F.3d 236, 24950 (1st Cir. 2002) (The common-interest doctrine is typically understood to apply when two or more clients consult or retain an attorney on particular matters of common interest. (citation and internal quotation marks omitted)). Plaintiffs have provided no such evidence.Given the importance of full and complete disclosure of relevant information, Defendants right to test the credibility of Mr. Michno, and the absence of some compelling reason to withhold the document, Plaintiffs are ordered to produced Mr. Michnos Board affidavit. Second, Plaintiffs are ordered to produce the group text messages requested by Defendant. Plaintiffs do not dispute the relevancy of the group text messages, but instead argue that these communications are protected by concerted activity and attorney-client privileges. See [ECF No. #95 ]. It is well documented that federal courts have not recognized the former, see, e.g., Degrandis v. Child.s Hosp. Bos., 203 F. Supp. 3d 193 (D. Mass. 2016); Chi. Bridge & Iron Co., N.V. v. Fairbanks Joint Crafts Council, AFL-CIO, No. 18-cv-00100, 2019 WL 2579627 (D. Alaska June 23, 2019); Hernandez v. Off. of the Commr of Baseball, 331 F.R.D. 474 (S.D.N.Y. 2019); Intl Bhd. of Teamsters, Airline Div. v. Frontier Airlines, Inc., No. 11-cv-02007, 2012 WL 1801979 (D. Colo. May 16, 2012), and Plaintiffs have failed to provide sufficient evidence of the latter. The attorney-client privilege is invoked to protect only those communications between attorney and client that give or seek legal advice. Blattman v. Scaramellino, 891 F.3d 1, 4 (1st Cir. 2018). Plaintiffs have not suggested that any of these communications include legal advice. Rather, Plaintiffs only state that a lawyer was included in the communications and that organizing actions were discussed. See [ECF No. #96 -1 at 17 (Plaintiffs privilege log)]. Mere inclusion of an attorney does not trigger the protection of the privilege. SeeUnited States v. Martin, 278 F.3d 988, 999 (9th Cir. 2002), as amended on denial of rehg (Mar. 13, 2002) (The fact that a person is a lawyer does not make all communications with that person privileged. (citation omitted)); 99 Wall Dev. Inc. v. Allied World Specialty Ins. Co., No. 18-cv-0126, 2020 WL 2730944, at *3 (S.D.N.Y. May 26, 2020) (A party cannot insulate its communications and documents from discovery in a later litigation simply by copying an attorney.).Moreover, even if these communications did include, in some part, legal advice, Plaintiffs have failed to demonstrate that their privilege was not waived by the inclusion of third parties in the text group. See [ECF No 96-1 at 14 (Plaintiff Kinzers testimony that the group text [p]robably included non-plaintiff third parties); Cavallaro, 284 F.3d at 24647 (stating that the presence of third parties is often enough to waive the privilege). In light of this evidence, and First Circuit precedent urging a narrow construction of the attorney-client privilege, see In re Keeper of Recs. (Grand Jury Subpoena Addressed to XYZ Corp.), 348 F.3d 16, 22 (1st Cir. 2003), Plaintiffs are ordered to produce the text messages. Plaintiffs shall produce responsive documents by Wednesday, December 22, 2021, at 5:00 p.m. This deadline may be extended upon the request of a party for good cause shown.(McDonagh, Christina)
December 1, 2021	Filing 96 Letter/request (non-motion) from Defendants in response to Plaintiff's November 23, 2021 regarding discovery issues . (Attachments: #1 Exhibit A through C)(Silva Palmer, Julie)
November 23, 2021	Filing 95 Letter/request (non-motion) from Shannon Liss-Riordan in response to Defendant's letter (Docket No. 92). (Liss-Riordan, Shannon)
November 12, 2021	Filing 94 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. With respect to Defendant's November 11, 2021 letter, [ECF No. #92 ], Plaintiffs shall (1) respond in writing concerning the Michno affidavit and (2) provide a privilege log.The Court resolved the issues raised in Defendant's October 14, 2021 letter, [ECF No. #85 ], as follows. First, Plaintiffs will be strictly limited to asserting garden-variety emotional distress damages. Second, Plaintiffs will be permitted to depose Ms. Minardi via Zoom. The deposition shall last no longer than two (2) hours and will be limited to the circumstances surrounding Ms. Kinzer's termination.The Court resolved the issues raised in Plaintiffs' October 14, 2021 letter, [ECF No. #86 ], as follows. First, Plaintiffs will review Defendant's additional productions concerning disciplinary records and, only if necessary, renew their request. Second, Defendant shall search for and produce official company documents concerning the creation of the Inclusion Task Force, but they need not conduct a full-scale email search. Finally, the parties shall meet and confer again and, if necessary, submit a small universe of purportedly privileged documents for in camera review.Additionally, the parties shall meet and confer concerning a tentative trial date. (McManus, Caetlin)
November 12, 2021	Filing 93 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 11/12/2021. Colloquy re: discovery disputes. Dispositive motions due 12/29/21, trial estimated to be 1-2 weeks. Counsel will get back to court regarding dates for trial. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Doherty, Liss-Riordan, Ranjo, Johnson) (Folan, Karen)
November 11, 2021	Filing 92 Letter/request (non-motion) from Defendant regarding additional discovery issues. . (Silva Palmer, Julie)
November 5, 2021	Filing 91 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #90 Motion to Continue. Status Conference reset for 11/12/2021 12:00 PM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen)
November 4, 2021	Filing 90 Joint MOTION to Continue status conference to November 12, 2021 by Whole Foods Market, Inc..(Silva Palmer, Julie)
November 2, 2021	Filing 89 ELECTRONIC NOTICE of Hearing. Status Conference set for 11/8/2021 10:30 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen)
October 26, 2021	Filing 88 Letter/request (non-motion) from Shannon Liss-Riordan (counsel for Plaintiffs) in response to Defendant's letter. (Liss-Riordan, Shannon)
October 22, 2021	Filing 87 Letter/request (non-motion) from Defendant in response to Plaintiff's letter regarding certain discovery disputes . (Attachments: #1 Exhibit A through E)(Silva Palmer, Julie)
October 14, 2021	Filing 86 Letter/request (non-motion) from Shannon Liss-Riordan regarding discovery disputes. (Liss-Riordan, Shannon)
October 14, 2021	Filing 85 Letter/request (non-motion) from Julie Silva Palmer regarding certain discovery disputes. (Silva Palmer, Julie)
September 23, 2021	Filing 84 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #83 Motion for Extension of Time to Complete Discovery. Discovery to be completed by 11/29/2021, Dispositive Motions due by 12/29/2021. (Folan, Karen)
September 22, 2021	Filing 83 Joint MOTION for Extension of Time to 11/29/21 to Complete Discovery and to 12/29/21 to File Dispositive Motions by Whole Foods Market, Inc..(Silva Palmer, Julie)
August 17, 2021	Filing 82 NOTICE of Appearance by Andrew M. Buttaro on behalf of Whole Foods Market, Inc. (Buttaro, Andrew)
August 9, 2021	Filing 81 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #80 Motion for Leave to Appear Pro Hac Vice Added Jason J. Ranjo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.
August 9, 2021	Filing 80 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jason J. Ranjo Filing fee: $ 100, receipt number 0101-8893816 by Whole Foods Market, Inc.. (Attachments: #1 Affidavit)(Silva Palmer, Julie)
July 29, 2021	Filing 79 NOTICE of Appearance by Matthew Patton on behalf of Haley Evans, Savannah Kinzer, Christopher Michno (Patton, Matthew)
July 29, 2021	Filing 78 Judge Allison D. Burroughs: ORDER entered. PROTECTIVE ORDER. (McDonagh, Christina)
July 29, 2021	Filing 77 Joint MOTION for Protective Order by Whole Foods Market, Inc.. (Attachments: #1 Text of Proposed Order)(Silva Palmer, Julie)
June 1, 2021	Filing 76 NOTICE of Withdrawal of Appearance by Julia S. Sturniolo (Sturniolo, Julia)
April 15, 2021	Filing 75 Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER: Discovery to be completed by 9/29/2021. Motions due by 10/29/2021.(McDonagh, Christina)
April 15, 2021	Filing 74 JOINT STATEMENT of counsel regarding the proposed schedule in this case (pursuant to Order Dkt. 72). (Liss-Riordan, Shannon)
April 1, 2021	Filing 73 NOTICE of Appearance by Anastasia Doherty on behalf of Savannah Kinzer, Christopher Michno, Haley Evans (Doherty, Anastasia)
April 1, 2021	Filing 72 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties are to submit a joint proposed schedule by 4/15/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen)
March 31, 2021	Filing 71 Defendant's ANSWER to #68 Amended Complaint by Whole Foods Market, Inc..(Silva Palmer, Julie)
March 2, 2021	Filing 70 USCA Case Number 21-1171 for #67 Notice of Appeal, filed by Suverino Frith. (Paine, Matthew)
March 2, 2021	Filing 69 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #67 Notice of Appeal. (Paine, Matthew)
March 1, 2021	Filing 68 AMENDED COMPLAINT (Second) against Whole Foods Market, Inc., filed by Haley Evans, Savannah Kinzer, Christopher Michno.(Liss-Riordan, Shannon)
March 1, 2021	Filing 67 NOTICE OF APPEAL as to #66 Judgment, #63 Memorandum & ORDER by Suverino Frith Filing fee: $ 505, receipt number 0101-8659068 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 3/22/2021. (Liss-Riordan, Shannon)
March 1, 2021	Filing 66 Judge Allison D. Burroughs: ORDER entered. JUDGMENT entered in favor of Defendants on all claims except Plaintiff Savannah Kinzer's claiming for retaliation against Defendant Whole Foods. (McDonagh, Christina)
February 18, 2021	Filing 65 Judge Allison D. Burroughs: ELECTRONIC ORDER entered On February 17, 2021, Plaintiff Savannah Kinzer filed an unopposed motion asking the Court to: (1) grant her leave to file a Second Amended Complaint ("SAC"), adding as plaintiffs two former Whole Foods employees; (2) extend Defendant Whole Foods' deadline to answer the SAC from February 19, 2021 until thirty days after the SAC is filed; and (3) issue an order entering final and separate judgment pursuant to Federal Rule of Civil Procedure 54(b). [ECF No. #64 ]. Whole Foods does not contest the motion. [Id. at 1]. For the reasons stated below, Ms. Kinzer's motion is GRANTED. Under Federal Rule of Civil Procedure 15(a)(2), the Court "should freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). Among other factors, courts consider undue delay, bad faith, futility, and potential prejudice to the nonmoving party. See Nikitine v. Wilmington Trust Co., 715 F.3d 388, 390 (1st Cir. 2013). In light of these factors, and considering that Whole Foods does not contest the motion, the Court finds that granting leave to amend is appropriate under Rule 15. Ms. Kinzer shall file the SAC on or before March 1, 2021.Rule 15(a)(3) vests district courts with discretion regarding deadlines for responsive pleadings. Fed. R. Civ. P. 15(a)(3). Whole Foods shall answer, or otherwise respond to, the SAC no more than thirty days after Ms. Kinzer files it.Under Federal Rule of Civil Procedure 54(b), the Court "may direct entry of final judgment as to one or more, but fewer than all, claims or parties... if the court expressly determines that there is no just reason for delay." Fed. R. Civ. P. 54(b). In the First Circuit, courts consider the following factors in deciding whether separate and final judgment under Rule 54(b) is appropriate: (1) whether the disputed ruling is final, (2) whether the disputed ruling raises legal or factual issues that overlap with claims that remain pending in the district court, and (3) the efficiencies and equities of piecemeal, as opposed to comprehensive, appellate review. Britton v. Maloney, 196 F.3d 24, 27 n.2 (1st Cir. 1999). Here, all three factors cut in favor of separate judgment. First, the Court's Order granting Defendants' motions to dismiss is unquestionably a final ruling as to the dismissed plaintiffs. Second, there is no issue of overlapping issues. Whereas Ms. Kinzer, and the two to-be-added plaintiffs, will be litigating retaliation claims based on more than just wearing Black Lives Matter ("BLM") attire, the dismissed plaintiffs will be seeking appellate review of whether a Title VII claim premised entirely on wearing BLM is legally cognizable. Third, the equities and efficiencies warrant entering final judgment given the lack of overlap between what parts of the case were dismissed and those that remain and the fact that the remaining portion of the case is in the very early stages of litigation, which will result in a substantial delay in the appeal of the dismissed claims. Accordingly, pursuant to Rule 54(b), judgment on Counts I and II shall be entered in favor of Defendants Whole Foods and Amazon, except as to Ms. Kinzer's retaliation claim. See [ECF No. #63 (Memorandum and Order)]. (McDonagh, Christina)
February 17, 2021	Filing 64 MOTION to Amend the Complaint and for the Court to Issue Separate and Final Judgment (Unopposed) by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Haley Evans, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson.(Liss-Riordan, Shannon)
February 5, 2021	Filing 63 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER on Defendants' Motions to Dismiss(McKillop, Matthew)
February 2, 2021	Filing 62 Response by Amazon.com, Inc., Whole Foods Market, Inc. to #61 Notice of Supplemental Authorities, . (Silva Palmer, Julie)
February 1, 2021	Filing 61 Notice of Supplemental Authorities re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (in support of Plaintiffs' Oppositions to Defendants' pending motions to dismiss) (Attachments: #1 Exhibit A)(Liss-Riordan, Shannon)
November 16, 2020	Filing 60 Response by Amazon.com, Inc., Whole Foods Market, Inc. to #59 Letter/request (non-motion) . (Silva Palmer, Julie)
November 11, 2020	Filing 59 Letter/request (non-motion) from Shannon Liss-Riordan requesting that Plaintiffs be permitted to proceed with expedited discovery. (Liss-Riordan, Shannon)
October 5, 2020	Filing 58 REPLY to Response to #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amazon.com, Inc.. (Silva Palmer, Julie)
September 28, 2020	Filing 57 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #56 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen)
September 25, 2020	Filing 56 MOTION for Leave to File a Reply in support of its Motion to Dismiss by Amazon.com, Inc..(Silva Palmer, Julie)
September 23, 2020	Filing 55 Notice of Supplemental Authorities re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (regarding EEOC Right-To-Sue Letters) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Liss-Riordan, Shannon) (Attachment 5 replaced on 9/24/2020) (McDonagh, Christina).
September 23, 2020	Filing 54 Opposition re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Haley Evans, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liss-Riordan, Shannon)
September 18, 2020	Filing 53 Amended NOTICE of Withdrawal of Appearance by Sarah J. Butson (Butson, Sarah)
September 18, 2020	Filing 52 NOTICE of Withdrawal of Appearance by Sarah J. Butson (Butson, Sarah)
September 10, 2020	Filing 51 Notice of Supplemental Authorities re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (regarding EEOC Right-To-Sue Letters) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Liss-Riordan, Shannon)
September 9, 2020	Filing 50 MEMORANDUM in Support re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amazon.com, Inc.. (Silva Palmer, Julie)
September 9, 2020	Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Amazon.com, Inc.. (Attachments: #1 Text of Proposed Order)(Silva Palmer, Julie)
September 8, 2020	Filing 48 AFFIDAVIT OF SERVICE Executed by Leaver Michel, Ana Belen Del Rio-Ramirez, Kanaya Ryland, Alice Tisme, Abdulai Barry, Savannah Kinzer, Justine O'Neill, Suverino Frith, Kelly Rigler, Kayla Greene, Kirby Burt, Corey Samuel, Cassidy Visco, Cedrick Juarez, Yurin London, Britney Ifebohr, Samantha Berimbau, Lylah Styles, Sharie Robinson, Lindsay Vuong, Suepriya Adhi, Jennifer Osayande, Faith Walsh, Charles Thompson, Camille Tucker-Tolbert, Mackenzie Shanahan. Amazon.com, Inc. served on 8/27/2020, answer due 9/17/2020. Acknowledgement filed by Leaver Michel; Ana Belen Del Rio-Ramirez; Kanaya Ryland; Alice Tisme; Abdulai Barry; Savannah Kinzer; Justine O'Neill; Suverino Frith; Kelly Rigler; Kayla Greene; Kirby Burt; Corey Samuel; Cassidy Visco; Cedrick Juarez; Yurin London; Britney Ifebohr; Samantha Berimbau; Lylah Styles; Sharie Robinson; Lindsay Vuong; Suepriya Adhi; Jennifer Osayande; Faith Walsh; Charles Thompson; Camille Tucker-Tolbert; Mackenzie Shanahan. (Liss-Riordan, Shannon)
September 3, 2020	Filing 47 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 9/3/2020. Colloquy re: discovery, motion to dismiss. Court will rule on motion to dismiss expeditiously. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Liss-Reardon, Banks) (Folan, Karen)
September 3, 2020	Filing 46 NOTICE of Appearance by Julie V. Silva Palmer on behalf of Whole Foods Market, Inc. (Silva Palmer, Julie)
September 3, 2020	Filing 45 NOTICE of Appearance by Julie V. Silva Palmer on behalf of Amazon.com, Inc. (Silva Palmer, Julie)
September 2, 2020	Filing 44 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On August 25, 2020, Plaintiffs notified the Court that they were withdrawing their emergency motion for an injunction, [ECF No. #3 ]. [ECF No. #38 at 1]; see also [ECF No. #42 at 19 (noting that Plaintiffs withdrew their motion for preliminary injunctive relief)]. The motion, [ECF No. #3 ], is therefore terminated as moot. (McDonagh, Christina)
September 1, 2020	Filing 43 REPLY to Response to #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Whole Foods Market, Inc.. (Butson, Sarah)
August 28, 2020	Filing 42 Opposition re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Liss-Riordan, Shannon)
August 27, 2020	Filing 41 Response by Amazon.com, Inc., Whole Foods Market, Inc. to #38 Notice (Other),, . (Butson, Sarah)
August 27, 2020	Filing 40 NOTICE of Appearance by Sarah J. Butson on behalf of Amazon.com, Inc. (Butson, Sarah)
August 26, 2020	Filing 39 Summons Issued as to Amazon.com, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina)
August 25, 2020	Filing 38 NOTICE by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson re #3 Emergency MOTION for Preliminary Injunction (Plaintiffs' Notice of Withdrawal of Emergency Motion and Request for Expedited Discovery Schedule) (Liss-Riordan, Shannon)
August 19, 2020	Filing 37 AFFIDAVIT OF SERVICE Executed by Leaver Michel, Ana Belen Del Rio-Ramirez, Kanaya Ryland, Alice Tisme, Abdulai Barry, Savannah Kinzer, Justine O'Neill, Suverino Frith, Kelly Rigler, Kayla Greene, Kirby Burt, Corey Samuel, Cassidy Visco, Cedrick Juarez, Yurin London, Britney Ifebohr, Samantha Berimbau, Lylah Styles, Sharie Robinson, Sarita Wilson, Lindsay Vuong, Suepriya Adhi, Jennifer Osayande, Faith Walsh, Charles Thompson, Camille Tucker-Tolbert, Mackenzie Shanahan. Acknowledgement filed by Leaver Michel, Ana Belen Del Rio-Ramirez, Kanaya Ryland, Alice Tisme, Abdulai Barry, Savannah Kinzer, Justine O'Neill, Suverino Frith, Kelly Rigler, Kayla Greene, Kirby Burt, Corey Samuel, Cassidy Visco, Cedrick Juarez, Yurin London, Britney Ifebohr, Samantha Berimbau, Lylah Styles, Sharie Robinson, Sarita Wilson, Lindsay Vuong, Suepriya Adhi, Jennifer Osayande, Faith Walsh, Charles Thompson, Camille Tucker-Tolbert, Mackenzie Shanahan. (Liss-Riordan, Shannon)
August 18, 2020	Filing 36 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #29 Motion for Leave to File response not to exceed 7 pages. (Folan, Karen)
August 18, 2020	Filing 35 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 8/18/2020. Whole Foods to file response to PI motion by 8/28/20. Plaintiff to file response to motion to dismiss by 8/28/20, and reply brief to motion to dismiss due by 9/1/20. Set Hearing as to #3 Emergency MOTION for Preliminary Injunction , #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM :( Motion Hearing set for 9/3/2020 02:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Liss-Riordan, Doherty, Banks) (Folan, Karen)
August 17, 2020	Filing 34 ELECTRONIC NOTICE OF RESCHEDULING Status Conference reset for 8/18/2020 12:00 PM in Courtroom 17 before Judge Allison D. Burroughs. NOTICE IS FOR TIME CHANGE ONLY.(Folan, Karen)
August 17, 2020	Filing 33 ELECTRONIC NOTICE of Hearing. Status Conference set for 8/18/2020 09:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen)
August 14, 2020	Filing 32 MEMORANDUM in Support re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Whole Foods Market, Inc.. (Butson, Sarah)
August 14, 2020	Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Whole Foods Market, Inc.. (Attachments: #1 Text of Proposed Order)(Butson, Sarah)
August 13, 2020	Filing 30 RESPONSE to Motion re #29 MOTION for Leave to File Opposition to Plaintiffs' New Facts and Evidence filed by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson. (Liss-Riordan, Shannon)
August 13, 2020	Filing 29 MOTION for Leave to File Opposition to Plaintiffs' New Facts and Evidence by Whole Foods Market, Inc..(Butson, Sarah)
August 11, 2020	Filing 28 REPLY to Response to #3 Emergency MOTION for Preliminary Injunction filed by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Liss-Riordan, Shannon)
August 6, 2020	Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #17 Motion for Leave to Appear Pro Hac Vice Added Anne Marie Estevez, Terry D. Johnson, Michael L. Banks and Julia S. Sturniolo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina)
August 4, 2020	Filing 26 DECLARATION re #18 Opposition to Motion Declaration of Barbara Smith by Whole Foods Market, Inc.. (Attachments: #1 Exhibit 1)(Butson, Sarah)
August 4, 2020	Filing 25 DECLARATION re #18 Opposition to Motion Declaration of Scott Williford by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 24 DECLARATION re #18 Opposition to Motion Declaration of Kelly Fox by Whole Foods Market, Inc.. (Attachments: #1 Exhibit 1)(Butson, Sarah)
August 4, 2020	Filing 23 DECLARATION re #18 Opposition to Motion Declaration of Philip Devito by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 22 DECLARATION re #18 Opposition to Motion Declaration of Scott Duncan by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 21 DECLARATION re #18 Opposition to Motion Declaration of Michael Sousa by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 20 DECLARATION re #18 Opposition to Motion Declaration of Eliza Brown by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 19 DECLARATION re #18 Opposition to Motion Declaration of Jamie Zito by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 18 Opposition re #3 Emergency MOTION for Preliminary Injunction filed by Whole Foods Market, Inc.. (Butson, Sarah)
August 4, 2020	Filing 17 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Anne Marie Estevez, Terry D. Johnson, Michael L. Banks, and Julia S. Sturniolo Filing fee: $ 400, receipt number 0101-8358634 by Whole Foods Market, Inc.. (Attachments: #1 Declaration of Anne Marie Estevez, #2 Declaration of Terry D. Johnson, #3 Declaration of Michael L. Banks, #4 Declaration of Julia S. Sturniolo)(Butson, Sarah)
August 4, 2020	Filing 16 CORPORATE DISCLOSURE STATEMENT by Whole Foods Market, Inc.. (Butson, Sarah)
August 3, 2020	Filing 15 ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. District Judge Leo T. Sorokin no longer assigned to case. (Danieli, Chris)
August 3, 2020	Filing 14 ELECTRONIC NOTICE Canceling Hearing. In light of 13 Order of Recusal, the motion hearing on #3 Emergency MOTION for Preliminary Injunction currently scheduled for 8/18/2020 at 02:00 PM before District Judge Leo T. Sorokin is CANCELLED. (Montes, Mariliz)
August 3, 2020	Filing 13 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER OF RECUSAL.Pursuant to 28 U.S.C. Section 455, I hereby RECUSE from this case and direct the Clerk to randomly reassign this case to another district judge.(Montes, Mariliz)
July 31, 2020	Filing 12 EXHIBIT re #11 Amended Complaint,, Request for Issuance of Summons to Defendant Amazon.com, Inc. by Suepriya Adhi, Abdulai Barry, Samantha Berimbau, Kirby Burt, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Britney Ifebohr, Cedrick Juarez, Savannah Kinzer, Yurin London, Leaver Michel, Justine O'Neill, Jennifer Osayande, Kelly Rigler, Sharie Robinson, Kanaya Ryland, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Charles Thompson, Alice Tisme, Camille Tucker-Tolbert, Cassidy Visco, Lindsay Vuong, Faith Walsh, Sarita Wilson. (Liss-Riordan, Shannon)
July 31, 2020	Filing 11 AMENDED COMPLAINT requesting Preliminary and Permanent Injunctive Relief against Whole Foods Market, Inc., Amazon.com, Inc., filed by Abdulai Barry, Samantha Berimbau, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Cedrick Juarez, Savannah Kinzer, Sharie Robinson, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Camille Tucker-Tolbert, Lindsay Vuong, Faith Walsh, Jennifer Osayande, Britney Ifebohr, Kanaya Ryland, Kirby Burt, Leaver Michel, Suepriya Adhi, Alice Tisme, Charles Thompson, Cassidy Visco, Kelly Rigler, Justine O'Neill, Sarita Wilson, Yurin London.(Liss-Riordan, Shannon)
July 29, 2020	Filing 10 Proposed Document(s) submitted by Abdulai Barry, Samantha Berimbau, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Cedrick Juarez, Savannah Kinzer, Sharie Robinson, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Camille Tucker-Tolbert, Lindsay Vuong, Faith Walsh. Document received: Proposed Order. (Liss-Riordan, Shannon)
July 27, 2020	Filing 9 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed the competing schedules proposed by the parties. Defendant's Opposition to the #3 Motion for Preliminary Injunction is due on August 4, 2020. The reply from the Plaintiffs is due August 11, 2020 not to exceed seven pages. No later than cob Wednesday, July 29, 2020, Plaintiffs shall submit the proposed form of order they seek with their motion. The Court will hold a hearing on August 18, 2020 at 2:00 p.m. The response to the Complaint is due in the ordinary course pursuant to the time periods established by the rules of civil procedure. The request of defendant for expedited discovery prior to any hearing on the motion is DENIED. Set Deadlines as to #3 Emergency MOTION for Preliminary Injunction : Responses due by 8/4/2020, Replies due by 8/11/2020. Motion Hearing is set for 8/18/2020 at 02:00 PM before District Judge Leo T. Sorokin.(Montes, Mariliz)
July 23, 2020	Filing 8 Recommendations for Scheduling Order . (Butson, Sarah)
July 23, 2020	Filing 7 NOTICE of Appearance by Sarah J. Butson on behalf of Whole Foods Market, Inc. (Butson, Sarah)
July 20, 2020	Filing 6 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. No later than two business days after the service of the Complaint and Emergency Motion for Preliminary Injunction upon the Defendant, the parties shall file a joint status report setting forth their joint or separate positions as to the timing of Defendant's response to the Motion, the timing of a reply by Plaintiffs (limited to five pages) and any other procedural or scheduling matter the parties wish to raise.(Montes, Mariliz)
July 20, 2020	Filing 5 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Vieira, Leonardo)
July 20, 2020	Filing 4 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary)
July 20, 2020	Filing 3 Emergency MOTION for Preliminary Injunction by Abdulai Barry, Samantha Berimbau, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Cedrick Juarez, Savannah Kinzer, Sharie Robinson, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Camille Tucker-Tolbert, Lindsay Vuong, Faith Walsh. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Liss-Riordan, Shannon)
July 20, 2020	Filing 2 EXHIBIT re #1 Complaint, Request for Summons in a Civil Action by Abdulai Barry, Samantha Berimbau, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Cedrick Juarez, Savannah Kinzer, Sharie Robinson, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Camille Tucker-Tolbert, Lindsay Vuong, Faith Walsh. (Liss-Riordan, Shannon)
July 20, 2020	Filing 1 COMPLAINT against Whole Foods Market, Inc. Filing fee: $ 400, receipt number 0101-8334954 (Fee Status: Filing Fee paid), filed by Abdulai Barry, Samantha Berimbau, Ana Belen Del Rio-Ramirez, Suverino Frith, Kayla Greene, Cedrick Juarez, Savannah Kinzer, Sharie Robinson, Corey Samuel, Mackenzie Shanahan, Lylah Styles, Camille Tucker-Tolbert, Lindsay Vuong, Faith Walsh. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Liss-Riordan, Shannon)

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Search for this case: Frith et al v. Whole Foods Market, Inc.
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Plaintiff: Corey Samuel
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Camille Tucker-Tolbert
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Suverino Frith
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Mackenzie Shanahan
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Lindsay Vuong
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Faith Walsh
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Samantha Berimbau
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Plaintiff: Abdulai Barry
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Savannah Kinzer
Represented By:	Shannon E. Liss-Riordan
Represented By:	Matthew Patton
Represented By:	Anastasia Doherty
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Plaintiff: Lylah Styles
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Ana Belen Del Rio-Ramirez
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Cedrick Juarez
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Sharie Robinson
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Kayla Greene
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Yurin London
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Cassidy Visco
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Alice Tisme
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Jennifer Osayande
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Sarita Wilson
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Justine O'Neill
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Suepriya Adhi
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Kelly Rigler
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Haley Evans
Represented By:	Shannon E. Liss-Riordan
Represented By:	Anastasia Doherty
Represented By:	Matthew Patton
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Plaintiff: Britney Ifebohr
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Kirby Burt
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Kanaya Ryland
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Leaver Michel
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Charles Thompson
Represented By:	Shannon E. Liss-Riordan
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Plaintiff: Christopher Michno
Represented By:	Anastasia Doherty
Represented By:	Matthew Patton
Represented By:	Shannon E. Liss-Riordan
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Defendant: Whole Foods Market, Inc.
Represented By:	Anne Marie Estevez
Represented By:	Julia S. Sturniolo
Represented By:	Julie V. Silva Palmer
Represented By:	Michael L. Banks
Represented By:	Terry D. Johnson
Represented By:	Sarah J. Butson
Represented By:	Andrew M. Buttaro
Represented By:	Jason J. Ranjo
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Defendant: Amazon.com, Inc.
Represented By:	Julie V. Silva Palmer
Represented By:	Sarah J. Butson
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