Kurtz v. Kimberly-Clark Corporation et al
Plaintiff: D. Joseph Kurtz and Kurtz
Defendant: Costco Wholesale Corporation and Kimberly-Clark Corporation
Interested Party: Anthony Belfiore, The Procter & Gamble Company, Nice-Pak Products, Inc., CVS Pharmacy, Inc., Eugene and Victoria Richard and Wal-Mart Stores,Inc.
Not Classified By Court: Theodore H. Frank
Case Number: 1:2014cv01142
Filed: February 21, 2014
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Pamela K Chen
Referring Judge: Robert M Levy
2 Judge: Jack B Weinstein
Nature of Suit: Other Statutory Actions
Cause of Action: 29 U.S.C. § 1109 Breach of Fiduciary Duties
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2023 Opinion or Order Filing 471 MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the Court hereby finally approves the settlement agreement and certifies the settlement class. The sole objection against the settlement is hereby overruled. On September 19, 2023, at 2 PM, the Parties and Objector shall appear in Courtroom 4F North for a hearing where Class Counsel's fees will be decided and awarded. Ordered by Judge Pamela K. Chen on 6/12/2023. (YB)
May 26, 2023 Opinion or Order ORDER: In light of the #467 Motion, the Court denies the #466 Motion to Stay as moot. Ordered by Judge Pamela K. Chen on 5/26/2023. (YB)
May 25, 2023 Opinion or Order ORDER granting #470 Motion to Withdraw as Attorney. Attorney Alexander B Porter terminated. Ordered by Magistrate Judge Robert M. Levy on 5/25/2023. (JM)
May 24, 2023 Opinion or Order Filing 470 MOTION to Withdraw as Attorney by Kimberly-Clark Corporation. (Attachments: #1 Declaration of Alexander B. Porter) (Porter, Alexander)
April 27, 2023 Opinion or Order Filing 469 AFFIDAVIT/DECLARATION in Support re #467 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement filed by D. Joseph Kurtz. (Attachments: #1 Exhibit 1 - Settlement Agreement and General Release with Exhibits) (Serra, Vincent)
April 27, 2023 Opinion or Order Filing 468 MEMORANDUM in Support re #467 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement filed by D. Joseph Kurtz. (Serra, Vincent)
April 27, 2023 Opinion or Order Filing 467 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement by D. Joseph Kurtz. (Serra, Vincent)
March 13, 2023 Opinion or Order Filing 466 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
January 16, 2023 Opinion or Order ORDER: The #465 Joint Motion to Stay, is GRANTED, only with respect to "all case deadlines" relating specifically to Defendant Costco Wholesale Corporation and Plaintiff Kurtz. (See Dkt. 465, at 1.) All other deadlines remain unchanged. Ordered by Judge Pamela K. Chen on 1/16/2023. (YB)
January 11, 2023 Opinion or Order Filing 465 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
December 12, 2022 Opinion or Order ORDER: The #464 Joint Motion to Stay, is GRANTED, only with respect to "all case deadlines" relating specifically to Defendant Costco Wholesale Corporation and Plaintiff Kurtz. (See Dkt. #464 , at 1.) All other deadlines remain unchanged. Ordered by Judge Pamela K. Chen on 12/12/2022. (YB)
December 6, 2022 Opinion or Order Filing 464 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
December 2, 2022 Opinion or Order Filing 463 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 7, 2022, before Judge Pamela K. Chen. Court Reporter/Transcriber Linda D. Danelczyk, Telephone number 718-613-2330. Email address: LindaDan226@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/24/2022. Redacted Transcript Deadline set for 1/2/2023. Release of Transcript Restriction set for 3/2/2023. (Danelczyk, Linda)
November 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Pamela K. Chen: Fairness Conference held on 11/7/2022 re Kurtz v. Kimberly Clark Co., et al. No. 14-CV-1142, and Honigman, et al. v. Kimberly Clark Co., No. 15-CV-2910. Appearances by Vincent M. Serra and Francis P. Karam for Plaintiffs; Eamon P. Joyce for Defendant Kimberly-Clark; and Anna St. John for Objector Theodore H. Frank. Cases called. Discussion held. For the reasons stated on the record, the Court reserves judgment on the pending motions for certification and final approval of the settlement agreement. (Court Reporter Linda Danelczyk.) (FG)
October 31, 2022 Opinion or Order Filing 462 NOTICE of Appearance by William A. Massa on behalf of D. Joseph Kurtz (aty to be noticed) (Massa, William)
October 24, 2022 Opinion or Order Filing 461 NOTICE by Theodore H. Frank re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments Proposed Findings of Fact and Conclusions of Law (Attachments: #1 Proposed Findings of Fact and Conclusions of Law) (St. John, Anna)
October 24, 2022 Opinion or Order Filing 460 MEMORANDUM in Support re Scheduling Order,,,,,,,, of Objection of Theodore H. Frank filed by Theodore H. Frank. (St. John, Anna)
October 11, 2022 Opinion or Order Filing 459 MEMORANDUM in Support / Brief of Kimberly-Clark Corporation in Response to the Court's September 9, 2022 Minute Order and in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Kimberly-Clark Corporation. (Joyce, Eamon)
October 11, 2022 Opinion or Order Filing 458 MEMORANDUM in Support / Brief of Kimberly-Clark Corporation in Response to the Court's September 9, 2022 Minute Order and in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement filed by Kimberly-Clark Corporation. (Joyce, Eamon)
October 11, 2022 Opinion or Order Filing 457 AFFIDAVIT/DECLARATION in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments Declaration of Vincent M. Serra in Support of Plaintiffs' Supplemental Brief in Response to the Court's September 9, 2022 Order and in Further Support of Plaintiffs' Motion for Final Approval of Class Action Settlement filed by D. Joseph Kurtz. (Attachments: #1 Exhibit A - Finegan Supplemental Declaration, #2 Exhibit B - Meta v. Target Settlement Order, #3 Exhibit C - Pettit v. Procter & Gamble Co. Shaffer Declaration) (Serra, Vincent)
October 11, 2022 Opinion or Order Filing 456 MEMORANDUM in Support re Order on Motion for Extension of Time to File Plaintiffs' Supplemental Brief in Response to the Court's September 9, 2022 Order and in Further Support of Plaintiffs' Motion for Final Approval of Class Action Settlement filed by D. Joseph Kurtz. (Serra, Vincent)
October 6, 2022 Opinion or Order Filing 455 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
October 6, 2022 Opinion or Order ORDER: The #455 Motion to Stay, is GRANTED, only with respect to "all case deadlines" relating specifically to Defendant Costco Wholesale Corporation and Plaintiff Kurtz. (See Dkt. 455.) All other deadlines and conferences, including those relating to the 11/7/2022 Supplemental Final Approval Hearing (see 09/09/2022 Docket Entry), remain unchanged. Ordered by Judge Pamela K. Chen on 10/6/2022. (YB)
September 30, 2022 Opinion or Order Filing 454 Letter MOTION for Extension of Time to File Supplemental Briefing in Response to the Courts September 9, 2022 Minute Order by Kimberly-Clark Corporation. (Joyce, Eamon)
September 30, 2022 Opinion or Order ORDER granting #451 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 9/30/2022. (Marino, Janine)
September 30, 2022 Opinion or Order ORDER granting #454 Motion for Extension of Time to File: The request for a one day extension, until 10/11/2022, to file supplemental briefing is granted. Ordered by Judge Pamela K. Chen on 9/30/2022. (Gonzalez, Fida)
September 21, 2022 Opinion or Order Filing 453 Letter in response to the Courts request that class counsel identify the number of claims submitted to the claims administrator by New York class members by D. Joseph Kurtz (Serra, Vincent)
September 9, 2022 Opinion or Order ORDER Supplementing 9/7/22 Final-Approval Hearing Orders. First, the Court vacates its Order requiring Class Counsel to produce contemporaneous billing records. The Court will rely instead on Exhibit A to the Declaration of Vincent M. Serra in assessing Class Counsel's request for attorneys' fees and reasonable expenses. Second, by October 10, 2022, Plaintiffs shall provide additional briefing on the following issues: (1) why Plaintiffs Kurtz and Honigman are adequate representatives for a nationwide settlement class; and (2) can the proposed Settlement Agreement be fair, reasonable, and adequate. Plaintiffs shall brief issues (1)-(2) in light of the fact that Plaintiffs are only pursuing a price-premium claim, but the proposed Settlement Agreement releases all claims any class member has or might have against Defendant, including for property and plumbing damages, whether the class member files a claim or not. The Plaintiffs shall also explain, in detail, how the notice was distributed and how Plaintiffs calculated the size of the putative nationwide class. Finally, in their fairness analysis, Plaintiffs shall compare and contrast Sections 1.24, 1.39, 7.1, and 7.2 of the Proposed Settlement Agreement (the "Release Clauses"), with similar release clauses included in the Belfiore settlement (see, e.g., Section 9.2 ("except that there shall be no release of claims for personal injury or property damage allegedly caused by use of the Product") (emphasis added)) and the Pettit Settlement (see, e.g., Section 9.2 ("except that there shall be no release of claims for personal injury or property damage allegedly caused by use of the Product") (emphasis added)). Defendant Kimberly-Clark may file a separate brief addressing any of the foregoing issues by October 10, 2022. Objector may then respond to any of the foregoing submissions by October 24, 2022. On November 7, 2022, at 2:00 p.m., the Parties and Objector shall reconvene for a supplemental Final-Approval Hearing at a courtroom to be announced. Ordered by Judge Pamela K. Chen on 9/9/2022. (Ben-Gigi, Yanai)
September 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Pamela K. Chen: Final Settlement Approval Hearing in Kurtz v. Kimberly Clark Co., et al. No. 14-CV-1142, and Honigman, et al. v. Kimberly Clark Co., No. 15-CV-2910, held on 9/7/2022. Appearances by Vincent M. Serra and Francis P. Karam for Plaintiffs; Eamon P. Joyce for Defendant Kimberly-Clark; and Anna St. John for Objector Theodore H. Frank. Cases called. Discussion held. For the reasons stated on the record, the Court reserves judgment on the pending motions for certification and final approval of the settlement agreement. The Court ordered that by September 21, 2022, Class Counsel produce the contemporaneous billing records supporting their attorneys' fees request, which may be filed under seal, and shall also identify the number of claims---out of the 185,375 claims made to the Claim Administrator---which class members from New York filed. Objector may respond to any of the foregoing submissions. The Court also reserves judgment on Objector's request to review Class Counsel's contemporaneous billing records. (Court Reporter Anthony D. Frisolone.) (Ben-Gigi, Yanai)
September 6, 2022 Opinion or Order NOTICE TO COUNSEL: The Final Settlement Approval Hearing scheduled for 9/7/2022 at 10 a.m. will be held in courtroom 6E North. (Gonzalez, Fida)
September 1, 2022 Opinion or Order Filing 452 AFFIDAVIT/DECLARATION in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments Supplemental Declaration of Scott M. Fenwick of Kroll Settlement Administration LLC in Connection with Final Approval of Settlement filed by D. Joseph Kurtz. (Serra, Vincent)
September 1, 2022 Opinion or Order Filing 451 MOTION to Appear Pro Hac Vice for Theodore J. Pintar Filing fee $ 150, receipt number ANYEDC-15901216. by D. Joseph Kurtz. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Pintar, Theodore)
August 31, 2022 Opinion or Order Filing 450 AFFIDAVIT/DECLARATION in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments filed by D. Joseph Kurtz. (Attachments: #1 Exhibit 1 - Declaration of Jeanne C. Finegan, APR, #2 Exhibit 2 - Declaration of Scott M. Fenwick, #3 Exhibit 3 - Declaration of Robert Ville, #4 Exhibit 4 - Transcript - In re American Realty Capital Properties, Inc. Litigation, #5 Exhibit 5 - Transcript - Kaess v. Deutsche Bank AG) (Serra, Vincent)
August 31, 2022 Opinion or Order Filing 449 REPLY in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments filed by D. Joseph Kurtz. (Serra, Vincent)
August 23, 2022 Opinion or Order ORDER: The #448 Motion to Stay is GRANTED, only with respect to "all case deadlines" relating specifically to Defendant Costco Wholesale Corporation and Plaintiff Kurtz. (See Dkt. 448.) All other deadlines and conferences, including those relating to the 9/7/2022 Final Approval Hearing (see Dkt. 439), remain unchanged. Ordered by Judge Pamela K. Chen on 8/23/2022. (Ben-Gigi, Yanai)
August 22, 2022 Opinion or Order Filing 448 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
August 16, 2022 Opinion or Order Filing 447 NOTICE of Appearance by Anna St. John on behalf of Theodore H. Frank (aty to be noticed) (St. John, Anna)
August 16, 2022 Opinion or Order Filing 446 Objection to #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments Class Action Settlement filed by Theodore H. Frank. (Attachments: #1 Declaration Theodore H. Frank) (St. John, Anna)
August 3, 2022 Opinion or Order Filing 445 AFFIDAVIT/DECLARATION in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments Declaration of Vincent M. Serra Filed on Behalf of Robbins Geller Rudman & Dowd LLP in Support of Application for Award of Attorneys Fees and Expenses filed by D. Joseph Kurtz. (Serra, Vincent)
August 3, 2022 Opinion or Order Filing 444 AFFIDAVIT/DECLARATION in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments filed by D. Joseph Kurtz. (Attachments: #1 Exhibit A Declaration of Dr. D. Joseph Kurtz, #2 Exhibit B Declaration of Gladys Honigman) (Serra, Vincent)
August 3, 2022 Opinion or Order Filing 443 MEMORANDUM in Support re #442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments filed by D. Joseph Kurtz. (Serra, Vincent)
August 3, 2022 Opinion or Order Filing 442 MOTION for Settlement Plaintiffs Motion for Final Approval of Class Action Settlement, Class Counsels Application for an Award of Attorneys Fees and Expenses and Class Representative Payments by D. Joseph Kurtz. (Serra, Vincent)
July 21, 2022 Opinion or Order Filing 441 Joint MOTION to Stay by D. Joseph Kurtz. (Serra, Vincent)
July 21, 2022 Opinion or Order ORDER RE #441 : The conference scheduled for 8/9/2022 at 12:30 PM before Magistrate Judge Robert M. Levy is cancelled. Ordered by Magistrate Judge Robert M. Levy on 7/21/2022. (Marino, Janine)
July 21, 2022 Opinion or Order ORDER granting #441 MOTION to Stay all case deadlines. Ordered by Magistrate Judge Robert M. Levy on 7/21/2022. (Marino, Janine)
July 21, 2022 Opinion or Order STATUS REPORT ORDER RE #441 : Status Report due in 30-days. Ordered by Magistrate Judge Robert M. Levy on 7/21/2022. (Marino, Janine)
June 17, 2022 Opinion or Order ORDER granting #440 Motion for Extension of Time to Complete Discovery and approving Joint proposed schedule. Ordered by Magistrate Judge Robert M. Levy on 6/17/2022. (Levy, Robert)
June 17, 2022 Opinion or Order ORDER: The telephone conference scheduled for 6/27/22 is adjourned to 8/09/22 at 12:30 p.m. (not 8/01/22) Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 6/17/2022. (Marino, Janine)
June 10, 2022 Opinion or Order Filing 440 Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Fact Discovery Deadline & Expert Report Deadlines by D. Joseph Kurtz. (Serra, Vincent)
May 19, 2022 Opinion or Order Filing 439 ORDER: Plaintiffs' #430 Preliminary Approval Motion is granted. See attached Order. The Final Approval Hearing will take place on September 7, 2022, at 10:00 a.m. in a courtroom to be determined. Ordered by Judge Pamela K. Chen on 5/19/2022. (Mahkamova, Shirin)
May 19, 2022 Opinion or Order Filing 438 Letter in response to the Courts May 16, 2022 Order regarding defendant Costco Wholesale Corporation by D. Joseph Kurtz (Serra, Vincent)
May 19, 2022 Opinion or Order Filing 437 EXHIBIT Revised Settlement Exhibits by D. Joseph Kurtz. Related document: #435 Order,,. (Serra, Vincent)
May 19, 2022 Opinion or Order Filing 436 Letter Joint Letter Pursuant to this Courts May 16, 2022 Order by D. Joseph Kurtz (Serra, Vincent)
May 16, 2022 Opinion or Order Filing 435 ORDER: The Court is prepared to approve the proposed notices and Preliminary Approval Order, subject to the changes in the attached document. Parties shall advise the Court as soon as possible. Additionally, Plaintiff shall file a concurrent letter advising the Court how he intends to proceed with respect to Defendant Costco Wholesale Corporation, which is not a party to the settlement agreement. Finally, the Court notes that the 35-day deadline with respect to Plaintiffs' counsel's motion for fees, set forth in the proposed notices and Preliminary Approval Order, does not appear to be included in the settlement agreement itself. Ordered by Judge Pamela K. Chen on 5/16/2022. (Mahkamova, Shirin)
May 5, 2022 Opinion or Order ORDER: Plaintiffs' counsel is directed to email a Microsoft Word version of #432 -1 preliminary settlement approval documents to chen_chambers@nyed.uscourts.gov. Ordered by Judge Pamela K. Chen on 5/5/2022. (Mahkamova, Shirin)
April 18, 2022 Opinion or Order ORDER granting #433 Motion for Extension of Time to Complete Discovery to enable the parties to focus primarily on a scheduled mediation. The conference scheduled for 5/10/22 is adjourned to 6/27/22 at 10:00 (close of fact discovery)(same dial-in number and access code). Ordered by Magistrate Judge Robert M. Levy on 4/18/2022. (Levy, Robert)
April 15, 2022 Opinion or Order Filing 434 NOTICE of Appearance by Edward Y. Kroub on behalf of D. Joseph Kurtz (notification declined or already on case) (Kroub, Edward)
April 11, 2022 Opinion or Order Filing 433 Letter MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Fact Discovery Deadline & Expert Report Deadlines by D. Joseph Kurtz. (Serra, Vincent)
April 5, 2022 Opinion or Order Filing 432 AFFIDAVIT/DECLARATION in Support re #430 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement filed by D. Joseph Kurtz. (Attachments: #1 Exhibit 1 - Settlement Agreement and General Release with Exhibits, #2 Exhibit 2 - Declaration of Jeanne C. Finegan, APR Concerning Proposed Settlement Class Member Notification, dated April 1, 2022) (Serra, Vincent)
April 5, 2022 Opinion or Order Filing 431 MEMORANDUM in Support re #430 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement filed by D. Joseph Kurtz. (Serra, Vincent)
April 5, 2022 Opinion or Order Filing 430 MOTION for Settlement Plaintiffs Motion for Preliminary Approval of Class Action Settlement by D. Joseph Kurtz. (Serra, Vincent)
March 25, 2022 Opinion or Order ORDER granting #428 Joint MOTION to Continue the Stay of All Case Deadlines for an Additional Two Weeks. Ordered by Magistrate Judge Robert M. Levy on 3/25/2022. (Marino, Janine)
March 22, 2022 Opinion or Order Filing 429 MOTION to Appear Pro Hac Vice of Jennifer L. Mesko Filing fee $ 150, receipt number ANYEDC-15397374. by Costco Wholesale Corporation. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Granting Motion to Admit Jennifer L. Mesko Pro Hac Vice) (Mesko, Jennifer)
March 22, 2022 Opinion or Order ORDER granting #429 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/22/2022. (Marino, Janine)
March 17, 2022 Opinion or Order Filing 428 Joint MOTION to Continue the Stay of All Case Deadlines for an Additional Two Weeks as They Pertain to Kimberly-Clark by D. Joseph Kurtz. (Serra, Vincent)
March 17, 2022 Opinion or Order Filing 427 MOTION to Withdraw as Attorney (John Q. Lewis, pro hac vice) by Costco Wholesale Corporation. (Scott, Courtney)
March 17, 2022 Opinion or Order ORDER granting #426 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/17/2022. (Marino, Janine)
March 17, 2022 Opinion or Order ORDER granting #427 Motion to Withdraw as Attorney. Attorney John Q. Lewis terminated. Ordered by Magistrate Judge Robert M. Levy on 3/17/2022. (Marino, Janine)
March 16, 2022 Opinion or Order Filing 426 MOTION to Appear Pro Hac Vice of Nathan P. Nasrallah Filing fee $ 150, receipt number ANYEDC-15383762. by Costco Wholesale Corporation. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (Nasrallah, Nathan)
March 16, 2022 Opinion or Order Filing 425 MOTION to Appear Pro Hac Vice of Karl A. Bekeny Filing fee $ 150, receipt number ANYEDC-15383251. by Costco Wholesale Corporation. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Order Granting Motion to Admit Counsel Pro Hac Vice) (Bekeny, Karl)
March 16, 2022 Opinion or Order ORDER granting #425 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 3/16/2022. (Marino, Janine)
February 9, 2022 Opinion or Order Filing 424 Joint MOTION for Extension of Time to Complete Discovery by D. Joseph Kurtz. (Attachments: #1 Modified Initial Conference Questionnaire) (Serra, Vincent)
February 9, 2022 Opinion or Order ORDER granting #424 Motion for Extension of Time to Complete Discovery. The telephone conference set for March 3, 2022 is adjourned to May 10, 2022 at 11:00 a.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 2/9/2022. (Marino, Janine)
February 5, 2022 Opinion or Order ORDER granting #423 Motion to Withdraw as Attorney. Attorney Chelsea M. Croy Smith terminated Ordered by Magistrate Judge Robert M. Levy on 2/5/2022. (Levy, Robert)
February 5, 2022 Opinion or Order ORDER granting #422 Motion to Continue Stay 45 days. Ordered by Magistrate Judge Robert M. Levy on 2/5/2022. (Levy, Robert)
February 2, 2022 Opinion or Order Filing 423 MOTION to Withdraw as Attorney (Chelsea M. Smith, Esq.) by Costco Wholesale Corporation. (Scott, Courtney)
January 28, 2022 Opinion or Order Filing 422 Joint MOTION to Continue the Stay of All Case Deadlines as They Pertain to Kimberly-Clark by D. Joseph Kurtz. (Serra, Vincent)
December 31, 2021 Opinion or Order ORDER granting #421 Motion to Stay through 1/31/22 while counsel proceed with the settlement process. Ordered by Magistrate Judge Robert M. Levy on 12/31/2021. (Levy, Robert)
December 30, 2021 Opinion or Order Filing 421 Joint MOTION to Stay and Notice of Class Settlement in Principle by Kimberly-Clark Corporation. (Joyce, Eamon)
November 1, 2021 Opinion or Order ORDER granting #420 Motion for Extension of Time to Complete Discovery. Telephone Conference set for 3/3/2022 at 12:00 PM before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 11/1/2021. (Marino, Janine)
October 29, 2021 Opinion or Order Filing 420 Joint MOTION for Extension of Time to Complete Discovery by D. Joseph Kurtz. (Attachments: #1 Modified Initial Conference Questionnaire) (Serra, Vincent)
September 1, 2021 Opinion or Order ORDER granting #419 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 9/1/2021. (Marino, Janine)
August 31, 2021 Opinion or Order Filing 419 Joint MOTION for Extension of Time to Complete Discovery by Kimberly-Clark Corporation. (Attachments: #1 Modified Initial Conference Questionaire) (Joyce, Eamon)
August 25, 2021 Opinion or Order Filing 418 NOTICE of Appearance by Francis P. Karam on behalf of D. Joseph Kurtz (aty to be noticed) (Karam, Francis)
July 26, 2021 Opinion or Order Filing 417 STIPULATION / Stipulated Protocol for Collection and Production of Electronically-Stored Information and Hard Copy Documents by Kimberly-Clark Corporation (Joyce, Eamon)
January 28, 2021 Opinion or Order Filing 416 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 22, 2020, before Judge Chen. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/18/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/28/2021. (Heading, Charleane)
January 28, 2021 Opinion or Order ORDER granting #415 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 1/28/2021. (Marino, Janine)
January 28, 2021 Opinion or Order ORDER granting #414 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 1/28/2021. (Marino, Janine)
January 28, 2021 Opinion or Order ORDER granting #412 Motion to Substitute Attorney. Attorney Brian R Matsui; David F. McDowell; Jocelyn E. Greer and Adam James Hunt terminated. Ordered by Magistrate Judge Robert M. Levy on 1/28/2021. (Marino, Janine)
January 28, 2021 Opinion or Order ORDER granting #413 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 1/28/2021. (Marino, Janine)
January 26, 2021 Opinion or Order Filing 415 MOTION to Appear Pro Hac Vice for John Q. Lewis Filing fee $ 150, receipt number ANYEDC-14050201. by Costco Wholesale Corporation. (Attachments: #1 Affidavit J. Lewis, #2 Certificate of Good Standing, #3 Proposed Order to Admit John Lewis Pro Hac Vice) (Lewis, John)
January 26, 2021 Opinion or Order Filing 414 MOTION to Appear Pro Hac Vice of M. Ruttinger Filing fee $ 150, receipt number ANYEDC-14049616. by Costco Wholesale Corporation. (Attachments: #1 Affidavit M. Ruttinger, #2 Certificate of Good Standing, #3 Proposed Order To Admit M. Ruttinger Pro Hac Vice) (Ruttinger, Michael)
January 26, 2021 Opinion or Order Filing 413 MOTION to Appear Pro Hac Vice for C. Croy Smith Filing fee $ 150, receipt number ANYEDC-14049286. by Costco Wholesale Corporation. (Attachments: #1 Affidavit C. Croy Smith, #2 Certificate of Good Standing, #3 Proposed Order To Admit Counsel Pro Hac Vice) (Croy Smith, Chelsea)
January 7, 2021 Opinion or Order Filing 412 Consent MOTION to Substitute Attorney [Proposed] Consent Order Granting Substitution of Counsel by Costco Wholesale Corporation. (Scott, Courtney)
November 25, 2020 Opinion or Order ORDER: The parties' #411 proposed schedule is So Ordered. Supplemental disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure will be made by 12/14/2020; fact discovery will be completed by 9/30/2021 and depositions by 11/29/2021; expert discovery will be completed by 4/14/2022; and dispositive and/or Daubert motions will be filed, in accordance with the Court's local rules, by 6/13/2022. All future requests regarding discovery shall be made to the assigned Magistrate Judge. Ordered by Judge Pamela K. Chen on 11/25/2020. (Nguyen, Andrew)
November 23, 2020 Opinion or Order Filing 411 Letter with proposed schedule submitted in accordance with Judge Chen's 10/22/2020 minute order by Kimberly-Clark Corporation (Joyce, Eamon)
November 12, 2020 Opinion or Order Filing 410 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. 20CV5483(LDH)(ST) (Landow, Concetta)
October 22, 2020 Opinion or Order Filing 409 NOTICE of Appearance by Jocelyn E. Greer on behalf of Costco Wholesale Corporation (aty to be noticed) (Greer, Jocelyn)
October 22, 2020 Opinion or Order Filing 408 NOTICE of Appearance by Vincent Michael Serra on behalf of D. Joseph Kurtz (aty to be noticed) (Serra, Vincent)
October 22, 2020 Opinion or Order Minute Entry for proceedings held before Judge Pamela K. Chen: Pre-motion conference held on 10/22/2020, via telephone. Appearances by Mark Reich and Vincent Serra for Plaintiff; Eamon Joyce, Alexander Porter, and Brianna Gallo for Defendant Kimberly-Clark; and Adam Hunt and Jocelyn Greer for Defendant Costco. Case called. Discussion held. The parties will confer and file a proposed discovery schedule by November 23, 2020. If, notwithstanding the discussion at the conference, either Defendant still wishes to file a summary judgment motion at this time, it shall submit a proposed briefing after conferring with the other parties. (Court Reporter Charleane Heading.) (Nguyen, Andrew) Modified on 10/22/2020 to correct typographical error and on 10/23/2020 to include omitted sentence. (Abdallah, Fida)
October 16, 2020 Opinion or Order Filing 407 NOTICE of Appearance by Brianna Olivia Gallo on behalf of Kimberly-Clark Corporation (aty to be noticed) (Gallo, Brianna)
October 5, 2020 Opinion or Order ORDER: Defendants' #403 and #404 requests for a pre-motion conference are granted. The Court will hold a pre-motion conference on October 22, 2020, at 2:00 p.m. Each party should call the following conference number: (888) 684-8852, and use access code: 7245547. Ordered by Judge Pamela K. Chen on 10/5/2020. (Marks, Miriam)
September 23, 2020 Opinion or Order Filing 406 Letter in response to Costco's Letter Motion for pre motion conference (ECF No. 404) by D. Joseph Kurtz (Reich, Mark)
September 23, 2020 Opinion or Order Filing 405 Letter in response to Kimberly-Clark's Letter Motion for pre motion conference (ECF No. 403) by D. Joseph Kurtz (Reich, Mark)
September 8, 2020 Opinion or Order Filing 404 Letter MOTION for pre motion conference Regarding Costco's Anticipated Motion for Summary Judgment by Costco Wholesale Corporation. (Hunt, Adam)
September 8, 2020 Opinion or Order Filing 403 Letter MOTION for pre motion conference by Kimberly-Clark Corporation. (Joyce, Eamon)
August 28, 2020 Opinion or Order ORDER granting #402 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 8/28/2020. (Ferrara, Alicia)
August 27, 2020 Opinion or Order Filing 402 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13277805. by Costco Wholesale Corporation. (Attachments: #1 Declaration of David F. McDowell in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (McDowell, David)
August 19, 2020 Opinion or Order Filing 401 Letter MOTION for Extension of Time to File Response/Reply as to Scheduling Order Re: Deadline for Defendants' Letter-Requests for a Pre-Motion Conference Regarding Their Anticipated Motions for Summary Judgment and Plaintiff's Responses to the Pre-Motion Letters by Costco Wholesale Corporation. (Hunt, Adam)
August 19, 2020 Opinion or Order ORDER: Defendant Costco Wholesale Corporation's #401 Motion for Extension of Time to File Response/Reply, on consent of Plaintiff and Defendant Kimberly-Clark Corporation, is granted. Defendants shall file their letter-requests for a pre-motion conference by September 8, 2020, and Plaintiff shall respond by September 23, 2020. Ordered by Judge Pamela K. Chen on 8/19/2020. (Marks, Miriam)
August 11, 2020 Opinion or Order ORDER granting nunc pro tunc #339 and #342 Motions for Leave to Electronically File Document under Seal. Ordered by Magistrate Judge Robert M. Levy on 8/11/2020. (Ferrara, Alicia)
August 7, 2020 Opinion or Order ORDER: Defendants shall file their letter-requests for a pre-motion conference on their anticipated motions for summary judgment by September 7, 2020. Ordered by Judge Pamela K. Chen on 8/7/2020. (Marks, Miriam)
July 31, 2020 Opinion or Order Filing 400 STATUS REPORT Joint Status Report by Kimberly-Clark Corporation (Joyce, Eamon)
July 21, 2020 Opinion or Order Filing 399 MANDATE of USCA as to Notice of Appeal filed 6/28/17. It is Ordered that we REVERSE the District Court's certification of the injunctive relief class under Rule 23(b)(2), AFFIRM the District Court's certification of the damages class under Rule 23(b)(3), and REMAND. See document for further details. Issued as Mandate: 7/21/20. USCA #17-1856 and 17-1858. (McGee, Mary Ann)
July 20, 2020 Opinion or Order ORDER: In light of the Second Circuit's #398 June 26, 2020 Order (mandate pending) regarding class certification, the parties are directed to provide an update as to the status of this matter by July 31, 2020. Ordered by Judge Pamela K. Chen on 7/20/2020. (Marks, Miriam)
June 26, 2020 Opinion or Order Filing 398 ORDER of USCA as to Notice of Appeal filed 6/28/17. It is Ordered that the Judgment of the District Court is AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. See document for further details. Certified Copy Issued: 6/26/20. USCA #17-1856. Please Note that the USCA Mandate has not yet been issued. (McGee, Mary Ann)
March 2, 2020 Opinion or Order Filing 397 Letter request that 15-cv-02910 be reassigned to Judge Chen by Kimberly-Clark Corporation (Joyce, Eamon)
February 19, 2020 Opinion or Order ORDER: The #396 Motion to Reassign Case as related to 14-cv-04090 (PKC)(RML) is granted. Ordered by Judge Pamela K. Chen on 2/19/2020. (Abdallah, Fida)
February 18, 2020 Opinion or Order Filing 396 Letter MOTION to Reassign Case (Unopposed) by Anthony Belfiore. (Waldman, Chet)
February 12, 2020 Opinion or Order Filing 395 ORDER OF RECUSAL. Judge Jack B. Weinstein recused. Case reassigned to Judge Pamela K. Chen for all further proceedings Type of Recusal Ordered by Judge Jack B. Weinstein on 2/10/2020. (Marziliano, August)
January 8, 2020 Opinion or Order Filing 394 AFFIDAVIT/DECLARATION in Support re #393 MOTION to Withdraw as Attorney James M. Bergin, Esq. filed by Costco Wholesale Corporation. (Hunt, Adam)
January 8, 2020 Opinion or Order Filing 393 MOTION to Withdraw as Attorney James M. Bergin, Esq. by Costco Wholesale Corporation. (Attachments: #1 Proposed Order of Withdrawal of James M. Bergin, Esq.) (Hunt, Adam)
January 8, 2020 Opinion or Order ORDER granting #393 Motion to Withdraw as Attorney. Attorney James M. Bergin terminated Ordered by Magistrate Judge Robert M. Levy on 1/8/2020. (Marino, Janine)
December 18, 2019 Opinion or Order Filing 392 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 8, 2019, before Judge Weinstein. Court Reporter/Transcriber H. Driscoll, Telephone number 7186132274. Email address: hdrisc@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/8/2020. Redacted Transcript Deadline set for 1/20/2020. Release of Transcript Restriction set for 3/17/2020. (Driscoll, Holly)
December 3, 2019 Opinion or Order Filing 391 EXHIBIT P by Costco Wholesale Corporation. Related document: #390 Letter filed by Costco Wholesale Corporation. (Bergin, James)
December 3, 2019 Opinion or Order Filing 390 Letter Regarding Defendants' Exhibit P by Costco Wholesale Corporation (Attachments: #1 Exhibit P (redacted)) (Bergin, James)
December 2, 2019 Opinion or Order Filing 389 Letter regarding sealed demonstratives by Kimberly-Clark Corporation (Attachments: #1 Exhibit 1) (Joyce, Eamon)
December 2, 2019 Opinion or Order Filing 388 Letter regarding demonstratives by Kimberly-Clark Corporation (Attachments: #1 Exhibit 1- Redacted, #2 Exhibit 2) (Joyce, Eamon)
November 5, 2019 Opinion or Order Filing 387 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/12/2019, before Judge Jack B. Weinstein. Court Reporter/Transcriber Michele D Lucchese, Telephone number 7186132272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020. (Lucchese, Michele)
November 4, 2019 Opinion or Order Filing 386 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 8, 2019, before Judge Weinstein. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/25/2019. Redacted Transcript Deadline set for 12/5/2019. Release of Transcript Restriction set for 2/3/2020. (Heading, Charleane)
November 4, 2019 Opinion or Order Filing 385 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 7, 2019, before Judge Weinstein. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/25/2019. Redacted Transcript Deadline set for 12/5/2019. Release of Transcript Restriction set for 2/3/2020. (Heading, Charleane)
November 4, 2019 Opinion or Order Filing 384 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 6, 2019, before Judge Weinstein. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/25/2019. Redacted Transcript Deadline set for 12/5/2019. Release of Transcript Restriction set for 2/3/2020. (Heading, Charleane)
November 4, 2019 Opinion or Order Filing 383 ORDER of USCA as to 6/28/2017 Notice of Appeal. The parties request that these appeals be reinstated is hereby GRANTED. Appellants' request for further briefing to discuss the District Court's decision on remand is also GRANTED. The parties must file scheduling requests within 14 days of this Order. Certified Copy Issued: 11/4/19. USCA #17-1856 and 17-1858. (McGee, Mary Ann)
October 25, 2019 Opinion or Order Filing 382 MEMORANDUM & ORDER ON REMAND. The parties motions to exclude the testimony of Weir and Dr. Ugone are rejected. The decision certifying a Rule 23(b)(3) class is reasserted. Common issues predominate over individual issues. Ordered by Judge Jack B. Weinstein on 10/25/2019. (Barrett, C)
October 18, 2019 Opinion or Order Motion terminated, docketed incorrectly: #333 MOTION to Decertify the Classes filed by The Procter & Gamble Company. This filing is not a motion in this action but a notice of Procter & Gamble's motion to decertify the classes, which has been filed in Belfiore v. The Procter & Gamble Company. See Notice Mot. Decertify Classes, July 8, 2019, No. 14-cv-4090, ECF No. 294. (Barrett, C)
October 15, 2019 Opinion or Order Filing 381 NOTICE by Anthony Belfiore of Letter from Lester L. Levy to Judge Weinstein filed in the Belfiore Action (Levy, Lester)
October 11, 2019 Opinion or Order Filing 380 DECLARATION ; [Redacted] Supplemental Expert Report of Denise Martin, Ph.D. by Costco Wholesale Corporation (Bergin, James)
October 11, 2019 Opinion or Order Filing 379 MEMORANDUM in Support ; [Redacted] Defendant Costco Wholesale Corporation's Post-Hearing Brief in Support of Decertifying the Class filed by Costco Wholesale Corporation. (Bergin, James)
October 11, 2019 Opinion or Order Filing 378 DECLARATION / Supplemental Declaration as to Costco of Colin B. Weir by D. Joseph Kurtz (Reich, Mark)
October 11, 2019 Opinion or Order Filing 377 DECLARATION / Supplemental Declaration as to Kimberly-Clark of Colin B. Weir by D. Joseph Kurtz (Reich, Mark)
October 11, 2019 Opinion or Order Filing 376 DECLARATION / Supplemental Rebuttal Declaration of Keith R. Ugone, Ph.D. (Redacted) by Kimberly-Clark Corporation (Joyce, Eamon)
October 3, 2019 Opinion or Order Filing 375 ORDER directing the parties to file by 10/11/2019 public versions of certain expert reports and public versions of all briefs provided to the court since the remand by the COA 2nd Cir. Any disputes about confidentiality are respectfully referred to the magistrate judge. Ordered by Judge Jack B. Weinstein on 10/2/2019. (Barrett, C)
October 1, 2019 Opinion or Order Filing 374 Letter regarding citations by Kimberly-Clark Corporation (Joyce, Eamon)
September 27, 2019 Opinion or Order Filing 373 AFFIDAVIT/DECLARATION in Support re #359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness filed by D. Joseph Kurtz. (Attachments: #1 Exhibit A) (Reich, Mark)
September 26, 2019 Opinion or Order ORDER granting #369 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. Ordered by Magistrate Judge Robert M. Levy on 9/26/2019. (Levy, Robert)
September 23, 2019 Opinion or Order Filing 372 REPLY in Opposition re #362 Memorandum in Support, #364 1 - Sealed Document CV, Memorandum in Support filed by D. Joseph Kurtz. (Reich, Mark)
September 23, 2019 Opinion or Order Filing 371 AFFIDAVIT/DECLARATION in Opposition re #359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit C - Corrected Hearing Transcripts) (Joyce, Eamon)
September 23, 2019 Opinion or Order Filing 370 RESPONSE in Opposition re #359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness filed by Kimberly-Clark Corporation. (Joyce, Eamon)
September 23, 2019 Opinion or Order Filing 369 MOTION for Leave to Electronically File Document under Seal by D. Joseph Kurtz. (Attachments: #1 Declaration of Vincent M. Serra in Support of Plaintiff's Omnibus Reply Memorandum of Law, #2 Exhibit A) (Reich, Mark)
September 23, 2019 Opinion or Order Filing 368 DECLARATION of Adam J. Hunt by Costco Wholesale Corporation (Attachments: #1 Exhibit A) (Hunt, Adam)
September 23, 2019 Opinion or Order Filing 367 REPLY in Support ; Post-Hearing Brief in Support of Decertifying the Class filed by Costco Wholesale Corporation. (Bergin, James)
September 20, 2019 Opinion or Order Filing 366 ORDER, The court has the parties' request to advance the date of oral argument following the conclusion of the evidentiary hearing required by the Court of Appeals for the Second Circuit. See Letter from L. Levy, No. 14-cv-l 142, ECF No. 355. The request is granted. Oral argument will be held on October 8, 2019 at 10:30 a.m. So Ordered by Judge Jack B. Weinstein on 9/20/2019. (Lee, Tiffeny)
September 16, 2019 Opinion or Order Filing 365 Letter re Excerpts of the Transcripts from the Evidentiary Hearing by Costco Wholesale Corporation (Attachments: #1 Post-Hearing Brief Transcript Excerpts) (Bergin, James)
September 13, 2019 Opinion or Order Filing 364 MEMORANDUM in Support of Decertifying the Class filed by Costco Wholesale Corporation. (Bergin, James)
September 13, 2019 Opinion or Order ORDER granting #358 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. Ordered by Magistrate Judge Robert M. Levy on 9/13/2019. (Levy, Robert)
September 11, 2019 Opinion or Order Filing 363 DECLARATION of Eamon P. Joyce in Support of Kimberly-Clark Corporation's Post-Hearing Brief in Support of Oral Motion to Exclude Testimony of Colin Weir and in Opposition to Class Certification [Dkt. No. 362] by Kimberly-Clark Corporation (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Schechner v. Whirlpool Corp.) (Joyce, Eamon)
September 11, 2019 Opinion or Order Filing 362 MEMORANDUM in Support of Oral Motion to Exclude Testimony of Colin Weir and in Opposition to Class Certification filed by Kimberly-Clark Corporation. (Joyce, Eamon)
September 11, 2019 Opinion or Order Filing 361 AFFIDAVIT/DECLARATION in Support re #359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness filed by D. Joseph Kurtz. (Attachments: #1 Exhibit 1 - Collection of Condensed Transcripts of the hearings before the Honorable Jack B. Weinstein on August 6-8 and 12, 2019) (Serra, Vincent)
September 11, 2019 Opinion or Order Filing 360 MEMORANDUM in Support re #359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness, #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by D. Joseph Kurtz. (Reich, Mark)
September 11, 2019 Opinion or Order Filing 359 MOTION to Strike the Opinions of Kimberly-Clark's Expert Witness by D. Joseph Kurtz. (Reich, Mark)
September 11, 2019 Opinion or Order Filing 358 Letter MOTION for Leave to Electronically File Document under Seal (Post-Hearing Brief) by Costco Wholesale Corporation. (Attachments: #1 Post-Hearing Brief) (Bergin, James)
September 10, 2019 Opinion or Order Filing 357 Letter Re: sealed exhibits by Kimberly-Clark Corporation (Attachments: #1 Exhibit Defs Ex A w slip, #2 Exhibit Defs Ex M w slip, #3 Exhibit Defs Ex P w slip, #4 Exhibit KC Ex A w slip, #5 Exhibit KC Ex B w slip, #6 Exhibit KC Ex C w slip, #7 Exhibit KC Ex D w slip, #8 Exhibit KC Ex E w slip, #9 Exhibit KC Ex F w slip, #10 Exhibit KC Ex G w slip, #11 Exhibit KC Ex H w slip, #12 Exhibit KC Ex I w slip, #13 Exhibit KC Ex J w slip, #14 Exhibit KC Ex K w slip, #15 Exhibit Plaintiffs Ex 2 w slip, #16 Exhibit Plaintiffs Ex 3 w slip, #17 Exhibit Plaintiffs Ex 4 w slip, #18 Exhibit Plaintiffs Ex 5 w slip, #19 Exhibit Plaintiffs Ex 6 w slip, #20 Exhibit Plaintiffs Ex 9 w slip, #21 Exhibit Plaintiffs Ex 10 w slip, #22 Exhibit Plaintiffs Ex 11 w slip, #23 Exhibit Plaintiffs Ex 12 w slip, #24 Exhibit Plaintiffs Ex 13 w slip, #25 Exhibit Plaintiffs Ex 14 w slip, #26 Exhibit Plaintiffs Ex 15 w slip, #27 Exhibit Plaintiffs Ex 16 w slip, #28 Exhibit Plaintiffs Ex 17 w slip, #29 Exhibit Plaintiffs Ex 18 w slip, #30 Exhibit Plaintiffs Ex 19 w slip) (Joyce, Eamon)
September 10, 2019 Opinion or Order Filing 356 Letter re: public exhibits by Kimberly-Clark Corporation (Attachments: #1 Exhibit Defs Ex B w slip, #2 Exhibit Defs Ex C w slip, #3 Exhibit Defs Ex D w slip, #4 Exhibit Defs Ex E w slip, #5 Exhibit Defs Ex F w slip, #6 Exhibit Defs Ex G w slip, #7 Exhibit Defs Ex H w slip, #8 Exhibit Defs Ex I w slip, #9 Exhibit Defs Ex N w slip, #10 Exhibit Defs Ex O w slip, #11 Exhibit Plaintiffs Ex 1 w slip, #12 Exhibit Plaintiffs Ex 7 w slip, #13 Exhibit Plaintiffs Ex 8 w slip) (Joyce, Eamon)
September 9, 2019 Opinion or Order Filing 355 Letter Requesting Advancement of October 9 Hearing by Anthony Belfiore (Levy, Lester)
August 26, 2019 Opinion or Order Filing 354 Letter regarding Submission of Transcript and Decision from In re Amla Litigation (Case No. 1:16-cv-06593-JSR (SDNY)) Referenced During August 7, 2019 Evidentiary Hearing by Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B) (Joyce, Eamon)
August 16, 2019 Opinion or Order Filing 353 ORDER adjourning sine die the hearing on the motion to decertify scheduled for 8/29/2019. Ordered by Judge Jack B. Weinstein on 8/15/2019. (Barrett, C)
August 16, 2019 Opinion or Order Filing 352 ORDER setting briefing schedule following the conclusion of the evidentiary hearing required by the COA 2nd Cir. The parties will simultaneously file briefs about the matters dealt with during the evidentiary hearing by 9/11/2019. Reply briefs will be filed by 9/23/2019. Oral argument will be held on 10/9/2019 at 10:30 AM (in Courtroom 10B South). Ordered by Judge Jack B. Weinstein on 8/15/2019. (Barrett, C)
August 14, 2019 Opinion or Order Filing 347 NOTICE by The Procter & Gamble Company of filing of letter enclosing decisions in cases involving the use of hedonic regression for which expert Dr. Carol Scott had offered expert opinions, filed in Case Belfiore v. The Procter & Gamble Company (Case No. 2:14-cv-4090) at ECF Dkt. No. 306 (Attachments: #1 Exhibit A: Brazil v. Dole Packaged Foods, LLC, No. 12-cv-01831, 2014 WL 5794873, at *14 (N.D. Cal. Nov. 6, 2014), #2 Exhibit B: Brazil v. Dole Packaged Foods, LLC, 660 Fed. Appx 531, 535 (9th Cir. Sep. 30, 2016), #3 Exhibit C: Bruton v. Gerber Products Co., No. 12-cv-02412, 2018 WL 1009257, at *9-12 (N.D. Cal. Feb. 13, 2018)) (Lannin, Cortlin)
August 12, 2019 Opinion or Order Filing 351 Minute Entry for proceedings held before Judge Jack B. Weinstein: Evidentiary Hearing held on 8/12/2019. Counsel for all sides present. Additional briefs to be submitted. (Court Reporter M. Lucchese.) (Barrett, C)
August 8, 2019 Opinion or Order Filing 350 Minute Entry for proceedings held before Judge Jack B. Weinstein: Evidentiary Hearing held on 8/8/2019. Counsel for all sides present. Hearing continued to 8/12/2019 at 9:00 am. (Court Reporter C. Heading.) (Barrett, C)
August 7, 2019 Opinion or Order Filing 349 Minute Entry for proceedings held before Judge Jack B. Weinstein: Evidentiary Hearing held on 8/7/2019. Counsel for all sides present. Hearing continued to 8/8/2019 at 9:00 am. (Court Reporter C. Heading.) (Barrett, C)
August 6, 2019 Opinion or Order Filing 348 Minute Entry for proceedings held before Judge Jack B. Weinstein: Evidentiary Hearing held on 8/6/2019. Counsel for all sides present. Hearing adjourned to 8/7/2019 at 9:00 am. (Court Reporter C. Heading.) (Barrett, C)
August 2, 2019 Opinion or Order Filing 346 ORDER adopting Defendants' proposed schedule contained in #345 Letter. Ordered by Judge Jack B. Weinstein on 8/1/2019. (Barrett, C)
July 31, 2019 Opinion or Order Filing 345 Letter to the Court on behalf of all Parties with alternative proposals for the schedule of next week's hearing by Anthony Belfiore (Levy, Lester)
July 31, 2019 Opinion or Order Filing 344 DECLARATION / Supplemental Rebuttal Declaration of Keith R. Ugone, Ph.D. (Filed Under Seal) by Kimberly-Clark Corporation (Attachments: #1 Supplemental Exhibit 1, #2 Supplemental Exhibit 2, #3 Supplemental Exhibit 3, #4 Supplemental Exhibit 4, #5 Supplemental Exhibit 5, #6 Supplemental Exhibit 6, #7 Supplemental Exhibit 7, #8 Supplemental Exhibit 8, #9 Supplemental Exhibit 9, #10 Supplemental Exhibit 10, #11 Supplemental Exhibit 11, #12 Supplemental Exhibit 12, #13 Supplemental Exhibit 13, #14 Supplemental Exhibit 14, #15 Supplemental Exhibit 15, #16 Supplemental Exhibit 16, #17 Supplemental Exhibit 17, #18 Supplemental Exhibit 18, #19 Supplemental Exhibit 19, #20 Supplemental Exhibit 20) (Joyce, Eamon)
July 31, 2019 Opinion or Order ORDER granting #340 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Robert M. Levy on 7/31/2019. (Marino, Janine)
July 31, 2019 Opinion or Order ORDER granting #343 Motion to Seal Document ; granting #343 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov..Ordered by Magistrate Judge Robert M. Levy on 7/31/2019. (Marino, Janine)
July 30, 2019 Opinion or Order Filing 343 Letter MOTION to Seal Document , MOTION for Leave to Electronically File Document under Seal by Kimberly-Clark Corporation. (Attachments: #1 Declaration the Supplemental Rebuttal Declaration of Dr. Keith R. Ugone, #2 Exhibit to Supplemental Rebuttal Declaration of Dr. Keith R. Ugone) (Joyce, Eamon)
July 30, 2019 Opinion or Order Filing 342 Letter MOTION for Leave to Electronically File Document under Seal by Costco Wholesale Corporation. (Attachments: #1 Exhibit Supplemental Expert Report of Denise Martin, Ph.D.) (Bergin, James)
July 30, 2019 Opinion or Order Filing 341 NOTICE by Costco Wholesale Corporation re #340 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11712349. Certificate of Good Standing from the Supreme Court of California in Support of Motion to Appear Pro Hac Vice (Matsui, Brian)
July 30, 2019 Opinion or Order Filing 340 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11712349. by Costco Wholesale Corporation. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order of Pro Hac Vice Admission of Brian R. Matsui) (Matsui, Brian)
July 16, 2019 Opinion or Order Filing 339 MOTION for Leave to Electronically File Document under Seal by D. Joseph Kurtz. (Attachments: #1 Supplemental Declaration as to Costco of Colin B. Weir dated July 16, 2019) (Reich, Mark)
July 15, 2019 Opinion or Order Filing 338 ORDER directing counsel in Honigman v. Kimberly-Clark Corporation and Kurtz v. Kimberly-Clark Corporation et al. to appear at the motion hearing in Belfiore v. The Procter & Gamble Company scheduled for 8/29/2019 at 10:30 a.m. Ordered by Judge Jack B. Weinstein on 7/11/2019. (Barrett, C)
July 11, 2019 Opinion or Order Filing 337 DECLARATION re Order on Motion for Leave to Electronically File Document under Seal, Supplemental Declaration as to Kimberly-Clark of Colin B. Weir, dated July 9, 2019 by D. Joseph Kurtz (Reich, Mark)
July 11, 2019 Opinion or Order ORDER granting #334 Motion for an Extension of Time to 7/16/19 to serve Mr. Weir's expert submission relating to Costco, for the reasons explained in counsel's 7/9/19 letter application. Ordered by Magistrate Judge Robert M. Levy on 7/11/2019. (Levy, Robert)
July 10, 2019 Opinion or Order ORDER granting #335 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov.. Ordered by Magistrate Judge Robert M. Levy on 7/10/2019. (Levy, Robert)
July 9, 2019 Opinion or Order Filing 335 MOTION for Leave to Electronically File Document under Seal by D. Joseph Kurtz. (Attachments: #1 Supplemental Declaration as to Kimberly-Clark of Colin B. Weir dated July 9, 2019) (Reich, Mark)
July 9, 2019 Opinion or Order Filing 334 Letter in Response to Court's July 8, 2019 Scheduling Order by D. Joseph Kurtz (Reich, Mark) Modified on 7/11/2019 (Levy, Robert).
July 8, 2019 Opinion or Order Filing 333 MOTION to Decertify the Classes by The Procter & Gamble Company. (Attachments: #1 Declaration of Harold P. Weinberger, #2 Exhibit A Transcript of June 18, 2019 Status Conference, #3 Exhibit B Letter from Mary K. Engle dated August 29, 2017, #4 Exhibit C Order Granting Motion for Final Approval of Class Action Settlement and Judgment in N.D. Cal. Action dated March 29, 2019, #5 Exhibit D Settlement Agreement in N.D. Cal. Action dated October 29, 2018, #6 Exhibit E Excerpts of Transcript of March 31, 2015 Status Conference, #7 Exhibit F Excerpts of Transcript of February 3, 2017 Hearing, #8 Memorandum in Support) (Weinberger, Harold) Modified motion text and docket text on 7/16/2019 (Barrett, C).
July 8, 2019 Opinion or Order SCHEDULING ORDER in preparation for 8/6/19 evidentiary hearing. I have reviewed the parties' submissions in light of the Court of Appeals' remand for further factual findings and the need to afford all parties a fair opportunity to develop a satisfactory record at the evidentiary hearing. I make the following rulings: (1) Plaintiffs are permitted to submit a supplemental report by their expert Colin Weir, and shall do so by 7/9/19. (2) If defendants wish to depose Mr. Weir, they shall do so prior to the evidentiary hearing. The deposition shall be held on 7/26/19, or any other date prior to 8/6/19 agreed to by all parties. SO ORDERED.Ordered by Magistrate Judge Robert M. Levy on 7/8/2019. (Levy, Robert)
July 2, 2019 Opinion or Order Filing 332 Letter / Supplement to Kimberly-Clark's 11/7/2016 letter disclosing of Australia Inquiry (Doc. 254) submitted pursuant to the Court's 10/13/2016 Order (Doc. 252) by Kimberly-Clark Corporation (Attachments: #1 Exhibit A) (Joyce, Eamon)
July 1, 2019 Opinion or Order Filing 331 Letter in Response to Kimberly-Clark's June 28, 2019 Letter (ECF No. 330) by D. Joseph Kurtz (Reich, Mark)
June 28, 2019 Opinion or Order Filing 330 Letter Objecting to Plaintiffs Proposal to Submit a Supplemental Expert Report by Kimberly-Clark Corporation (Attachments: #1 Exhibit A) (Joyce, Eamon)
June 28, 2019 Opinion or Order Filing 329 Letter In Response to the Court's June 24, 2019 Order by D. Joseph Kurtz (Reich, Mark)
June 28, 2019 Opinion or Order Filing 328 NOTICE by The Procter & Gamble Company of Filing of Joint Letter in Response to Court's June 24, 2019 Order (Lannin, Cortlin)
June 28, 2019 Opinion or Order Filing 327 Letter In Response to Court's June 24, 2019 Order by D. Joseph Kurtz (Reich, Mark)
June 24, 2019 Opinion or Order ORDER An evidentiary hearing has been scheduled for 8/6/19 before Judge Weinstein. Counsel shall meet and confer and advise jointly by 6/28/19 whether any discovery is needed in connection with this hearing and, if so, submit a proposed case management order for the timely completion of any such discoveryOrdered by Magistrate Judge Robert M. Levy on 6/24/2019. (Levy, Robert)
June 21, 2019 Opinion or Order Filing 326 ORDER. Since certification decisions in Kurtz v. Kimberly-Clark Corp. et al. and Belfiore v. The Procter & Gamble Company may control the ultimate disposition of Honigman, see id., counsel in Honigman shall appear at the evidentiary hearing beginning 8/6/2019. Ordered by Judge Jack B. Weinstein on 6/20/2019. (Barrett, C)
June 21, 2019 Opinion or Order Filing 325 ORDER. The evidentiary hearing required by the USCA 2nd Cir. and scheduled to begin on 7/16/2019 is adjourned. A three-day hearing will begin on 8/6/2019 at 9 a.m. Discovery where necessary to provide evidence for the hearing shall be expedited under the direction of the magistrate judge. Ordered by Judge Jack B. Weinstein on 6/18/2019. (Barrett, C) (Main Document 325 replaced on 6/21/2019) (Barrett, C). (Main Document 325 replaced on 6/21/2019) (Barrett, C).
June 18, 2019 Opinion or Order Filing 336 Minute Entry for proceedings held before Judge Jack B. Weinstein: Status Conference held on 6/18/2019. Next hearing scheduled for 8/6/2019 at 9:00 am. Respectfully referred to the magistrate judge for expedited discovery. (Court Reporter A. Montalvo.) (Barrett, C)
June 18, 2019 Opinion or Order Filing 324 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 18, 2019, before Judge Jack B. Weinstein. Court Reporter/Transcriber Annette M. Montalvo, Telephone number 718-804-2711. Email address: annette.montalvo@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/9/2019. Redacted Transcript Deadline set for 7/19/2019. Release of Transcript Restriction set for 9/16/2019. (Montalvo, Annette)
June 17, 2019 Opinion or Order Filing 323 NOTICE of Appearance by Alexander B Porter on behalf of Kimberly-Clark Corporation (aty to be noticed) (Porter, Alexander)
June 17, 2019 Opinion or Order Filing 322 ORDER. A status conference in Belfiore and Kurtz et al. v. Kimberly-Clark Corporation et al. to discuss the evidentiary hearing required by the USCA 2nd Cir. shall be held on 6/18/2019 at noon. All parties in both cases shall be present in court beginning at 11 a.m. Ordered by Judge Jack B. Weinstein on 6/17/2019. (Barrett, C)
June 14, 2019 Opinion or Order Filing 321 NOTICE by Anthony Belfiore Letter Response to the Court's June 7, 2019 Order in Belfiore v. The Procter & Gamble Co. (2:14-cv-4090) at ECF 316 (Levy, Lester)
June 14, 2019 Opinion or Order Filing 320 Letter in Response to Court's June 7, 2019 Order by D. Joseph Kurtz (Reich, Mark)
June 14, 2019 Opinion or Order Filing 319 Letter in Response to Court's June 7, 2019 Order by Costco Wholesale Corporation (Hunt, Adam)
June 13, 2019 Opinion or Order Filing 318 Letter re Status Conference Availability by Costco Wholesale Corporation (Hunt, Adam)
June 12, 2019 Opinion or Order Filing 317 NOTICE by The Procter & Gamble Company of Filing of Letter Requesting Scheduling of Status Conference in Case Belfiore v. The Procter & Gamble Company (Case No. 2:14-cv-4090) at ECF Dkt. No. 281 (Lannin, Cortlin)
June 10, 2019 Opinion or Order Filing 316 ORDER denying (313) Motion to Adjourn Conference in case 1:14-cv-01142-JBW-RML; denying (276) Motion to Adjourn Conference in case 2:14-cv-04090-JBW-RML. Defendant Procter & Gamble's request for a status conference is granted. By 6/14/2019, the parties shall file a proposed schedule accounting for any discovery, briefing, a status conference, and the evidentiary hearing. Ordered by Judge Jack B. Weinstein on 6/07/2019. (Barrett, C)
May 31, 2019 Opinion or Order Filing 315 RESPONSE to Motion re #313 Letter MOTION to Adjourn Conference currently scheduled for July 16, 17, and 18, 2019 filed by Costco Wholesale Corporation, Kimberly-Clark Corporation, The Procter & Gamble Company. (Joyce, Eamon)
May 31, 2019 Opinion or Order Filing 314 NOTICE by The Procter & Gamble Company of Filing of Letter Request for Status Conference in Case Belfiore v. The Procter & Gamble Company (Case No. 2:14-cv-4090) at ECF Dkt. No. 277 (Attachments: #1 Exhibit A to Letter filed in Belfiore Action, #2 Exhibit B to Letter filed in Belfiore Action, #3 Exhibit C to Letter filed in Belfiore Action) (Lannin, Cortlin)
May 29, 2019 Opinion or Order Filing 313 Letter MOTION to Adjourn Conference currently scheduled for July 16, 17, and 18, 2019 by Anthony Belfiore. (Levy, Lester)
May 21, 2019 Opinion or Order Filing 312 ORDER OF WITHDRAWAL OF KAYVAN B. SADEGHI, ESQ. granting #307 Motion to Withdraw as Attorney. Attorney Kayvan Betteridge Sadeghi terminated. Ordered by Judge Jack B. Weinstein on 5/20/2019. (Barrett, C)
May 16, 2019 Opinion or Order Filing 311 ORDER setting a three-day hearing for presentation of evidence and argument. The hearing shall be held on 7/16/2019 at 10:30 AM, 7/17/2019 at 11:15 AM, and 7/18/2019 at 10:30 AM. Ordered by Judge Jack B. Weinstein on 5/15/2019. (Barrett, C)
May 14, 2019 Opinion or Order Filing 310 MANDATE of USCA as to Notice of Appeal, filed 6/28/17. It is Ordered that the cases are REMANDED for further proceedings consistent with this Order. See document for further details. This USCA Mandate also pertains to 14-cv-4090. Mandate Issued: 5/14/19. USCA #17-1856, #17-1858 and #17-1861. (McGee, Mary Ann) .
May 14, 2019 Opinion or Order Filing 309 ORDER of USCA as to Notice of Appeal filed 6/28/17. It is Ordered that the cases are REMANDED for further proceedings consistent with this Order. See document for further details. This USCA Order also pertains to 14-cv-4090. Certified Copy Issued: 5/14/19. USCA #17-1856, #17-1858 and #17-1861. (McGee, Mary Ann)
March 13, 2019 Opinion or Order Filing 308 AFFIDAVIT/DECLARATION in Support re #307 MOTION to Withdraw as Attorney Kayvan B. Sadeghi filed by Costco Wholesale Corporation. (Bergin, James)
March 13, 2019 Opinion or Order Filing 307 MOTION to Withdraw as Attorney Kayvan B. Sadeghi by Costco Wholesale Corporation. (Attachments: #1 Proposed Order) (Bergin, James)
September 26, 2017 Opinion or Order Filing 306 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 18, 2014, before Judge Weinstein. Court Reporter/Transcriber Nicole Canales, Telephone number 718-613-2274. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/25/2017. (Driscoll, Holly)
July 5, 2017 Opinion or Order Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/7/2015, before Judge Jack B. Weinstein. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Barry, Richard)
July 5, 2017 Opinion or Order Filing 304 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/07/2016, before Judge Weinstein. Court Reporter/Transcriber anthony mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/26/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/3/2017. (Mancuso, Anthony)
June 29, 2017 Opinion or Order Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 02-02-2017, before Judge JBW. Court Reporter/Transcriber Sophie Nolan. Email address: NolanEDNY@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/20/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/27/2017. (Nolan, Sophie)
June 29, 2017 Opinion or Order Electronic Index to Record on Appeal sent to US Court of Appeals. Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann)
June 29, 2017 Opinion or Order ORDER terminating as moot #271 Motion for Leave to Electronically File Document under Seal. Ordered by Magistrate Judge Robert M. Levy on 6/29/2017. (Levy, Robert)
June 29, 2017 Opinion or Order ORDER granting #265 nunc pro tunc but finding as moot Motion to Seal. Ordered by Magistrate Judge Robert M. Levy on 6/29/2017. (Levy, Robert)
June 28, 2017 Opinion or Order NOTICE OF APPEAL as to #296 Order on Motion to Certify Class. This Notice of Appeal is filed on the EDNY docket as an administrative placeholder for statistical purposes only. Leave to appeal has been previously granted to Petitioners, see USCA Mandate Document #302 (McGee, Mary Ann)
June 28, 2017 Opinion or Order Filing 302 USCA MANDATE - All Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the District Court's class certification Order, and move for leave to file reply briefs. Upon due consideration, and particularly considering the District Court's suggestion that an appeal be permitted, it is hereby ORDERED that the motions for leave to file reply briefs are GRANTED and the petitions for leave to appeal are GRANTED. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). It is further ORDERED that the appeals docketed at 17-1023 and 17-1028 are CONSOLIDATED and will be heard in tandem with the appeal docketed at 17-1031. Mandate Issued: 6/28/17. USCA #17-1023, 17-1028, 17-1031. (McGee, Mary Ann)
June 28, 2017 Opinion or Order Filing 301 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 21, 2015, before Judge Weinstein. Court Reporter/Transcriber Anthony D. Frisolone, Telephone number 718.613.2487. Email address: afrisolone@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (Frisolone, Anthony)
June 28, 2017 Opinion or Order Filing 300 NOTICE re #297 USCA ORDER - Payment of $505.00 made. Receipt #4653116626. Per Attorney from Morrison and Foerster LLP., this receipt is for payment for 14-cv-1142 - Costco Wholesale Corporation. (McGee, Mary Ann)
June 28, 2017 Opinion or Order Filing 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 06-19-2015, before Judge JBW. Court Reporter/Transcriber Stacy Mace. Email address: smacerpr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (Mace, Stacy)
June 26, 2017 Opinion or Order Filing 298 NOTICE re #297 USCA Order. Payment of $505.00 made. Receipt #4653116537. Per Attorney for Kimberly-Clark Corp, Eamon Joyce, Sidley Austin LLP., this receipt is for payment of 14-cv-1142. USCA #17-1856 and 17-1858. (McGee, Mary Ann)
June 23, 2017 Opinion or Order NOTICE re #297 USCA Order. Payment of $505.00 made. Receipt #4653116454. See lead docket 14-cv-4090. (McGee, Mary Ann)
June 14, 2017 Opinion or Order Filing 297 USCA ORDER - All Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the District Court's class certification Order, and move for leave to file reply briefs. Upon due consideration, and particularly considering the District Court's suggestion that an appeal be permitted, it is hereby ORDERED that the motions for leave to file reply briefs are GRANTED and the petitions for leave to appeal are GRANTED. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). It is further ORDERED that the appeals docketed at 17-1023 and 17-1028 are CONSOLIDATED and will be heard in tandem with the appeal docketed at 17-1031. Certified Copy Issued: 6/14/17. USCA #17-1023, 17-1028, 17-1031. (McGee, Mary Ann)
March 27, 2017 Opinion or Order Filing 296 MEMORANDUM & ORDER CERTIFYING CLASS ACTIONS, granting in part the motions for a New York State class certification in Kurtz and Belfiore. This memorandum and order does not become effective until April 10, 2017. Ordered by Judge Jack B. Weinstein on 3/27/2017. (Barrett, C)
March 15, 2017 Opinion or Order Filing 295 ENDORSED ORDER ON DOCUMENT #293, The motion of pltff to strike evidence submitted by Kimberly-Clark in its February 17 submission is denied. No oral argument is needed. The evidence is relevant and not prejudicial under Rule 403. (Ordered by Judge Jack B. Weinstein on 3/13/2017) (Galeano, Sonia)
March 13, 2017 Opinion or Order Filing 294 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Strike Evidence Submitted by Kimberly-Clark in Its 2/17/17 Submission by D. Joseph Kurtz. (Reich, Mark)
March 9, 2017 Opinion or Order Filing 293 MEMORANDUM in Opposition re #290 MOTION to Strike Evidence Submitted by Kimberly-Clark in Its February 17, 2017 Submission filed by Kimberly-Clark Corporation. (Joyce, Eamon)
February 27, 2017 Opinion or Order Filing 292 ORDER. All claims for purchases made in New Jersey by purchasers residing in New Jersey, based on New Jersey law, are severed from the complaint in the instant case. Plaintiff shall recast the New Jersey elements of his complaint in the instant case as a single complaint, based on New Jersey law. Those claims are transferable to the District of New Jersey. As a result of the above changes to the instant case, the court will certify three class actions - one in the Belfiore action and two in the Kurtz action - each of which involves different defendants and a different product, but all of which rely on New York law and purchases in New York. Ordered by Judge Jack B. Weinstein on 2/24/2017. (Barrett, C)
February 24, 2017 Opinion or Order Filing 291 MEMORANDUM in Support re #290 MOTION to Strike Evidence Submitted by Kimberly-Clark in Its February 17, 2017 Submission filed by D. Joseph Kurtz. (Reich, Mark)
February 24, 2017 Opinion or Order Filing 290 MOTION to Strike Evidence Submitted by Kimberly-Clark in Its February 17, 2017 Submission by D. Joseph Kurtz. (Reich, Mark)
February 24, 2017 Opinion or Order Filing 289 NOTICE by CVS Pharmacy, Inc., Costco Wholesale Corporation, Nice-Pak Products, Inc. of Filing of Letter in Armstrong v. Costco (Case No. 15cv2909) and Palmer v. CVS Health (Case No. 15cv2928) (Bergin, James)
February 17, 2017 Opinion or Order Filing 288 DECLARATION of Eamon P. Joyce in Support of Kimberly-Clark Corporation's Objections Regarding Tentative Class Certification Ruling During February 2-3, 2017 Hearings (Dkt. No. 287) by Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Joyce, Eamon)
February 17, 2017 Opinion or Order Filing 287 MEMORANDUM in Opposition / Objections Regarding Tentative Class Certification Ruling During February 2-3, 2017 Hearings filed by Kimberly-Clark Corporation. (Joyce, Eamon)
February 17, 2017 Opinion or Order Filing 286 Letter regarding objection to class certification in the Kurtz Action by Costco Wholesale Corporation (Bergin, James)
February 17, 2017 Opinion or Order Filing 285 NOTICE by The Procter & Gamble Company of Filing in Belfiore Action at ECF Document No. 244 (Henn, Emily)
February 6, 2017 Opinion or Order Filing 284 Letter regarding package of current version of Costco's Kirkland Signature Moist Flushable Wipes by Costco Wholesale Corporation (Bergin, James)
February 6, 2017 Opinion or Order Filing 283 Letter regarding class definition filed in Belfiore v. Procter & Gamble by Anthony Belfiore (Insley-Pruitt, Matthew)
February 6, 2017 Opinion or Order Filing 282 Letter regarding the Court's request for a letter defining the classes plaintiff seeks to certify by D. Joseph Kurtz (Reich, Mark)
January 25, 2017 Opinion or Order Filing 281 NOTICE by The Procter & Gamble Company of Reply In Support of Motion to Dismiss, to Deny Class Certification, or In the Alternative for Summary Judgment and Motion for Leave to E-File Under Seal (Henn, Emily)
January 20, 2017 Opinion or Order Filing 280 REPLY in Support re #270 MOTION to Strike (Deny) Class Certification, and Motion to Thereafter Dismiss All Claims for Injunctive Relief and to Stay Claims for Damages Pending Interlocutory Appeals Defendant Costco Wholesale Corporations Reply Regarding the Courts Request for Dispositive Motion Practice and Supplemental Reply in Support of its Request that the Court Deny Class Certification, Dismiss all Claims for Injunctive Relief, and Stay Claims for Damages Pending Interlocutory Appeals filed by Costco Wholesale Corporation. (Bergin, James)
January 20, 2017 Opinion or Order Filing 279 AFFIDAVIT/DECLARATION in Support re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Joyce, Eamon)
January 20, 2017 Opinion or Order Filing 278 AFFIDAVIT/DECLARATION in Support re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A) (Joyce, Eamon)
January 20, 2017 Opinion or Order Filing 277 REPLY in Support re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia filed by Kimberly-Clark Corporation. (Joyce, Eamon)
January 20, 2017 Opinion or Order Filing 276 SCHEDULING ORDER. The hearing in the Kurtz, Armstrong, Palmer, and Honigman actions previously scheduled for 2/2/2017 at 11:00 am in Courtroom 1OB South, is moved to 2/2/2017 at 10:30 am in Courtroom lOB South. The hearing in the Belfiore action will be held at the previously scheduled time of 2/3/2017 at 10:30 am in Courtroom lOB South. The hearing in the Richard action, previously scheduled for 2/3/2017 at 2:00 pm in Courtroom lOB South, is cancelled due to the parties' stipulation of dismissal with prejudice. Ordered by Judge Jack B. Weinstein on 1/19/2017. (Barrett, C)
January 18, 2017 Opinion or Order Filing 275 NOTICE by Anthony Belfiore of Filing in Belfiore v. the Procter & Gamble, Co. (Case No. 2:14-cv-4090) (Insley-Pruitt, Matthew)
January 18, 2017 Opinion or Order Filing 274 NOTICE by Eugene and Victoria Richard of Stipulation and Notice of Dismissal of Action with Prejudice in the Richard v. Wal-Mart Stores and Rockline Industries action (Reich, Mark)
January 13, 2017 Opinion or Order Filing 273 AFFIDAVIT/DECLARATION in Opposition re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia, #270 MOTION to Strike (Deny) Class Certification, and Motion to Thereafter Dismiss All Claims for Injunctive Relief and to Stay Claims for Damages Pending Interlocutory Appeals Declaration of Robert Villee filed by D. Joseph Kurtz. (Reich, Mark)
January 13, 2017 Opinion or Order Filing 272 RESPONSE in Opposition re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia, #270 MOTION to Strike (Deny) Class Certification, and Motion to Thereafter Dismiss All Claims for Injunctive Relief and to Stay Claims for Damages Pending Interlocutory Appeals Letter Motion for Leave to File Under Seal filed by D. Joseph Kurtz. (Attachments: #1 Memorandum in Opposition to Costco's Dec. 30, 2016 brief, #2 Memorandum in Opposition to Kimberly-Clark's Dec. 30, 2016 brief) (Reich, Mark)
December 30, 2016 Opinion or Order Filing 271 Letter MOTION for Leave to Electronically File Document under Seal by Costco Wholesale Corporation. (Attachments: #1 Defendant Costco Wholesale Corporations Response to the Courts Request for Dispositive Motion Practice and Supplemental Brief in Support of Its Request that the Court Deny Class Certification, Dismiss All Claims for Injunctive Relief, and Stay Claims for Damages Pending Interlocutory Appeals Pursuant to Fed. R. Civ. P. 23(F)) (Bergin, James)
December 30, 2016 Opinion or Order Filing 270 MOTION to Strike (Deny) Class Certification, and Motion to Thereafter Dismiss All Claims for Injunctive Relief and to Stay Claims for Damages Pending Interlocutory Appeals by Costco Wholesale Corporation. (Bergin, James)
December 30, 2016 Opinion or Order Filing 269 AFFIDAVIT/DECLARATION in Support re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia filed by Kimberly-Clark Corporation. (Joyce, Eamon)
December 30, 2016 Opinion or Order Filing 268 MEMORANDUM in Support re #267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentia filed by Kimberly-Clark Corporation. (Joyce, Eamon)
December 30, 2016 Opinion or Order Filing 267 MOTION to Strike (Deny) Class Certification, and of Conditional Motion, upon Denial of Certification, to Deny Plaintiffs Kurtz's and Honigman's Individual Claims for Injunctive Relief or, in the Alternative, to Dismiss Them as Prudentially Moot by Kimberly-Clark Corporation. (Joyce, Eamon)
December 30, 2016 Opinion or Order Filing 266 NOTICE by The Procter & Gamble Company of Filing of Motion to Dismiss, to Deny Class Certification, or In the Alternative for Summary Judgment and Motion for Leave to E-File Under Seal in Case 14-cv-4090 (Henn, Emily)
December 30, 2016 Opinion or Order Filing 265 Letter MOTION to Seal (on Consent) by Costco Wholesale Corporation. (Bergin, James)
December 30, 2016 Opinion or Order Filing 264 NOTICE by Eugene and Victoria Richard of Letter from Mark S. Reich regarding briefing for Wal-Mart and Rockline's Motion to Dismiss or Transfer Venue (Reich, Mark)
December 12, 2016 Opinion or Order Filing 263 SCHEDULING ORDER: Following a conference (see Hr'g Tr., Dec. 7, 2016), motions to terminate or transfer the instant cases will be heard. The schedule for making and hearing any motion is as follows: Kurtz, Armstrong, Palmer, and Honigman on 2/2/2017 at 11:00 am in Courtroom lOB South. Belfiore on 2/3/2017 at 10:30 am in Courtroom 1OB South. Richard on 2/3/2017 at 2:00 pm in Courtroom 1OB South. The briefing schedule agreed upon by the parties is: Defendants' briefs and supporting papers shall be filed by 12/30/2016. Plaintiffs' briefs shall be filed by 1/13/2017. Defendants' responses shall be filed by 1/20/2017. Ordered by Judge Jack B. Weinstein on 12/12/2016. (Barrett, C)
December 7, 2016 Opinion or Order Filing 262 Minute Entry for proceedings held before Judge Jack B. Weinstein and MJ Levy.Status Conference held on 12/7/2016. Order to be submitted by the court. (Court Reporter Tony Mancuso.) (Ramesar, Thameera)
November 18, 2016 Opinion or Order Filing 260 Letter from Mark S. Reich in response to Kimberly-Clark's and Costco's letter submissions in response to the scheduling order by D. Joseph Kurtz (Attachments: #1 Exhibit A, #2 Exhibit B) (Reich, Mark)
November 18, 2016 Opinion or Order Filing 259 MEMORANDUM by Judge Jack B. Weinstein in preparation for the upcoming conference on the disposition of cases captioned herein, dated 11/18/2016. (Attachments: #1 Hurricane Sandy Mediation Settlement Award, #2 The Globalization of Entrepreneurial Litigation, #3 Bills of Peace with Multiple Parties) (Barrett, C)
November 14, 2016 Opinion or Order Filing 258 NOTICE by The Procter & Gamble Company of Filing of Letter in Response to the Court's Scheduling Order of October 13, 2016 Filed in Belfiore Action At ECF Docket No. 215 (Attachments: #1 Exhibit A) (Henn, Emily)
November 14, 2016 Opinion or Order Filing 257 Letter filed in Belfiore v. Procter & Gamble regarding other flushable proceedings against P&G by Anthony Belfiore (Insley-Pruitt, Matthew)
November 14, 2016 Opinion or Order Filing 256 Letter Regarding Similar Flushable Wipes Cases by Costco Wholesale Corporation (Bergin, James)
November 10, 2016 Opinion or Order Filing 255 SCHEDULING ORDER. A critical conference on settlement was previously scheduled for 11/16/2016. This conference is rescheduled for 12/7/2016 at 1:00 pm in Courtroom 10B South. Ordered by Judge Jack B. Weinstein on 11/10/2016. (Barrett, C)
November 7, 2016 Opinion or Order Filing 254 Letter in Response to the Court's Scheduling Order of October 13, 2016 (Doc. 252) by Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Joyce, Eamon)
October 26, 2016 Opinion or Order Filing 253 REVISED SCHEDULING ORDER resetting the 11/23/2016 conference for 11/16/2016 at 4:00 p.m. in Courtroom lOB South. Ordered by Judge Jack B. Weinstein on 10/25/2016. (Barrett, C)
October 13, 2016 Opinion or Order Filing 252 SCHEDULING ORDER. The district judge and the magistrate judge shall meet with all attorneys on 11/23/2016 at 12:00 p.m. in Courtroom 10B South to discuss procedures that might increase the possibility of a comprehensive resolution of the litigation in this court or globally. The stay of discovery issued when this court suggested action by the FTC remains in effect. The stay is lifted to permit discussion in connection with actions to be taken by this court following the 9/26/2016 and the 11/23/2016 conferences. By 11/14/2016, the parties shall notify the court of any similar cases they are aware of involving flushable wipes' efficacy and dangers pending in any court or administrative agency, whether consumer or municipality oriented, in the United States or abroad. The additional briefing and motion schedules discussed at the 9/26/2016 conference shall be held in abeyance pending the 11/23/2016 conference now ordered. Ordered by Judge Jack B. Weinstein on 10/13/2016. (Barrett, C)
October 11, 2016 Opinion or Order Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/26/16, before Judge Jack B. Weinstein. Court Reporter/Transcriber Joshua B. Edwards. Email address: joshuabedwards1980@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/11/2016. Release of Transcript Restriction set for 1/9/2017. (Edwards, Joshua)
October 11, 2016 Opinion or Order Filing 250 Corrected Courtesy Copy of #249 Transcript. (Barrett, C)
October 11, 2016 Opinion or Order Filing 249 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/26/16, before Judge Weinstein. Court Reporter/Transcriber Joshua Edwards. Email address: joshuabedwards1980@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/11/2016. Release of Transcript Restriction set for 1/9/2017. (Edwards, Joshua)
October 7, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Settlement discussed. Counsel to contact chambers to request assistance as needed.Settlement Conference held on 10/7/2016 (Levy, Robert)
September 29, 2016 Opinion or Order SCHEDULING ORDER: A telephone status/settlement conference has been scheduled in the case of Kurtz -v- Kimberly-Clark Corp., et al, 14-1142 (JBW)(RML) only on October 7, 2016 at 10:00 a.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Plaintiff's counsel is directed to initiate the conference call and confirm with defendants' counsel that all necessary participants are aware of the date and time of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 9/29/2016. (Marino, Janine)
September 26, 2016 Opinion or Order Filing 248 Minute Entry for proceedings held before Judge Jack B. Weinstein: Status Conference held on 9/26/2016. Counsel for all parties present. Additional briefs to be filed w/in 30 days. (Court Reporter J. Edwards.) (Barrett, C)
September 23, 2016 Opinion or Order Filing 247 Letter Informing the Court of Decision in Meta v. Target Corp., et al. by Costco Wholesale Corporation (Attachments: #1 Exhibit A: Decision in Meta v. Target Corp., et al.) (Bergin, James)
September 20, 2016 Opinion or Order Filing 246 NOTICE by Wal-Mart Stores,Inc. of Brief Regarding Further Administration of the Litigation Filed in Richard (Dkt. No. 60) (Sellinger, David)
September 19, 2016 Opinion or Order Filing 245 STATUS REPORT ; Brief Regarding Case Administration by Costco Wholesale Corporation (Bergin, James)
September 19, 2016 Opinion or Order Filing 244 STATUS REPORT Brief Regarding Further Administration of the Litigation Pursuant to this Court's Orders of August 9, 2016 [ECF No. 233] and August 26, 2016 [ECF No. 236] by Kimberly-Clark Corporation (Joyce, Eamon)
September 19, 2016 Opinion or Order Filing 243 NOTICE by Anthony Belfiore Response to the Court's August 9, 2016 Scheduling Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Levy, Lester)
September 19, 2016 Opinion or Order Filing 242 MEMORANDUM in Support re #236 Order Lifting Stay,, Brief in Response to the Court's August 9, 2016 Scheduling Order filed by D. Joseph Kurtz. (Reich, Mark)
September 19, 2016 Opinion or Order Filing 241 NOTICE by The Procter & Gamble Company of Filing of Notice of Change of Address in Belfiore Action at ECF No. 196 (Attachments: #1 Certificate of Service) (Dean, Claire)
September 19, 2016 Opinion or Order Filing 240 NOTICE by The Procter & Gamble Company of Filing of its Response to the Court's Request for Briefing on Further Administration of the Litigation Filed in Belfiore Action at ECF No. 197 (Attachments: #1 Certificate of Service) (Henn, Emily)
September 9, 2016 Opinion or Order Filing 239 NOTICE by Wal-Mart Stores,Inc. re Letter filed in Richard action, Doc# 59, 15 cv 4579 (Sellinger, David)
September 9, 2016 Opinion or Order Filing 238 Letter from Mark S. Reich to The Honorable Jack B. Weinstein Regarding Briefing Schedule in Advance of the September 26, 2016 Status Conference by D. Joseph Kurtz (Reich, Mark)
August 31, 2016 Opinion or Order Filing 237 NOTICE by The Procter & Gamble Company Regarding Letter Filed in Belfiore Action at ECF Document Number 192 (Henn, Emily)
August 26, 2016 Opinion or Order Filing 236 ORDER LIFTING STAY in light of the status conference scheduled for 9/26/2016 at 4:30 p.m. The stay is not lifted for purposes of additional discovery. In advance of the status conference, the parties shall submit briefs with proposed next steps in the litigation. Any motions shall be made returnable on the day of the status conference. The parties shall agree on a briefing schedule. If they cannot agree, the magistrate judge is respectfully requested to set one. Ordered by Judge Jack B. Weinstein on 8/25/2016. (Barrett, C)
August 16, 2016 Opinion or Order Filing 235 SCHEDULING ORDER. The status conference of 9/21/2016 is rescheduled to 9/26/2016 at 4:30 p.m. Ordered by Judge Jack B. Weinstein on 8/16/2016. (Barrett, C)
August 15, 2016 Opinion or Order Filing 234 NOTICE by The Procter & Gamble Company of Letter Motion Filed in Belfiore Action at ECF Document Number 189 (Henn, Emily)
August 9, 2016 Opinion or Order Filing 233 SCHEDULING ORDER. A status conference in Belfiore v. Procter & Gamble Co., 14-CV-4090, as well as all related cases pending before this court, shall be held on 9/21/2016 at 1:00 p.m. in Courtroom lOB South. The parties in all cases shall submit briefs on further administration of the litigation. The magistrate judge is respectfully requested to assist the parties in settling the case along the lines suggested by the orders of the Federal Trade Commission. Ordered by Judge Jack B. Weinstein on 8/8/2016. (Barrett, C)
August 4, 2016 Opinion or Order Filing 232 NOTICE by The Procter & Gamble Company Response to Plaintiff's Letter of August 3, 2016 (Henn, Emily)
August 3, 2016 Opinion or Order Filing 231 Letter Request for a Status Conference by Anthony Belfiore (Attachments: #1 Exhibit A, #2 Exhibit B) (Levy, Lester)
July 22, 2016 Opinion or Order Filing 230 NOTICE by The Procter & Gamble Company Letter Motion to Withdraw as Attorney (Sochynsky, Michael)
July 21, 2016 Opinion or Order Filing 229 ORDER re #228 Letter filed by Kimberly-Clark Corporation. No request for action is before the court. Ordered by Judge Jack B. Weinstein on 7/20/2016. (Barrett, C)
July 15, 2016 Opinion or Order Filing 228 Letter Notifying Court the FTC Concluded Its Investigation of the Kimberly-Clark Corporation by Kimberly-Clark Corporation (Attachments: #1 FTC Closing Letter) (Joyce, Eamon)
June 28, 2016 Opinion or Order Filing 227 NOTICE by The Procter & Gamble Company Re Filing of Letter Motion to Withdraw as Attorney in Belfiore Action (Schau, Andrew)
June 28, 2016 Opinion or Order Filing 226 MEMORANDUM & ORDER. The cases captioned herein may be particularly appropriate for aggregate agency resolution. The parties are encouraged to explore the opportunity for aggregate adjudication of their claims before the FTC pursuant to the new federal recommendation by the Administrative Conference of the United States. Ordered by Judge Jack B. Weinstein on 6/28/2016. (Attachments: #1 Aggregation of Similar Claims in Agency Adjudication, 81 Fed. Reg. 119, 40259-61 (June 21, 2016), #2 Michael SantAmbrogio & Adam Zimmerman, Inside the Agency Class Action (June 15, 2016)) (Barrett, C)
June 2, 2016 Opinion or Order Filing 225 ORDER. The recently issued opinion and order in the case of City of Perry, Iowa v. Procter & Gamble Co., et al., --- F. Supp. 3d ----, 2016 WL 2939511 (S.D.N.Y. May 19, 2016), attached herein, shall be filed and docketed in all of the cases listed in the caption of this order. Ordered by Judge Jack B. Weinstein on 6/1/2016. (Barrett, C)
March 22, 2016 Opinion or Order Filing 224 ORDER OF WITHDRAWAL OF APPEARANCE OF JAMES W. MIZGALA, ESQ. granting #223 Motion to Withdraw as Attorney. Attorney James W. Mizgala terminated. Ordered by Judge Jack B. Weinstein on 3/21/2016. (Barrett, C)
March 5, 2016 Opinion or Order ORDER granting nunc pro tunc #97 Motion for Leave to Electronically File Document under Seal. Ordered by Magistrate Judge Robert M. Levy on 3/5/2016. (Levy, Robert)
March 4, 2016 Opinion or Order Filing 223 MOTION to Withdraw as Attorney James W. Mizgala, Esq. by Kimberly-Clark Corporation. (Joyce, Eamon)
February 5, 2016 Opinion or Order Filing 222 ORDER amending the court's #218 Order of December 15, 2015. The order is amended to include the matter of Richard v. Wal-Mart Stores Inc. et al., 15-CV-4579. As stated in the order of December 15, 2015, any motions or communications filed by the parties in any of the actions captioned herein shall be filed on ECF as "Notice(Other)" in each of the other actions. Ordered by Judge Jack B. Weinstein on 2/1/2016. (Barrett, C)
January 27, 2016 Opinion or Order Filing 221 ORDER granting #220 Motion to Withdraw as Attorney. Attorneys Sean Thomas Masson, Lauren Elizabeth Karalis, and Edward Y. Kroub terminated. Ordered by Judge Jack B. Weinstein on 1/26/2016. (Barrett, C)
January 14, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Settlement discussions held. Counsel to contact chambers 1/19/16 to schedule a further conference.Settlement Conference held on 1/14/2016 (Levy, Robert)
January 11, 2016 Opinion or Order Filing 220 MOTION to Withdraw as Attorney . Motion to withdraw SEAN MASSON, LAUREN KARALIS and EDWARD KROUB as counsel for plaintiff as they are no longer associated with Robbins Geller Rudman & Dowd, therefore should be removed from the Court's service list as counsel for plaintiff. Robbins Geller continues to serve as counsel for plaintiff by D. Joseph Kurtz. (Reich, Mark)
December 22, 2015 Opinion or Order Filing 219 NOTICE by Anthony Belfiore Letter to Magistrate Levy regarding protective order (Levy, Lester)
December 21, 2015 Opinion or Order Filing 218 ORDER amending the court's #145 Order of May 28, 2015. The order is amended as follows: Any motions or communications filed by the parties in any of the actions captioned herein shall be filed on ECF as "Notice(Other)" in each of the other actions. The Clerk of the Court is directed to modify in accordance with this order the parties' ECF entries relating to plaintiff's Motion to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission filed in the case of Kurtz v. Kimberly-Clark, 14-CV-1142. Ordered by Judge Jack B. Weinstein on 12/15/2015. (Barrett, C)
December 11, 2015 Opinion or Order Filing 217 Letter to Magistrate Judge Levy regarding protective order by Anthony Belfiore (Levy, Lester)
December 10, 2015 Opinion or Order Filing 216 MEMORANDUM AND ORDER denying #205 Motion to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission. To the extent that any party believed settlement activity was stayed, the stay is lifted. Ordered by Judge Jack B. Weinstein on 12/8/2015. (Barrett, C)
December 7, 2015 Opinion or Order Filing 215 Minute Entry for proceedings held before Judge Jack B. Weinstein and Magistrate Judge Robert M. Levy: Motion Hearing held on 12/7/2015 re #205 MOTION to Lift Stay filed by D. Joseph Kurtz. Counsel for all sides present. Decision reserved. (Court Reporter Richard Barry.) (Barrett, C)
December 7, 2015 Opinion or Order Filing 214 CERTIFICATE OF SERVICE re #183 Order Staying Cases. An electronic copy of the complete public record in cases 14-cv-1142, 15-cv-2909, 15-cv-2910, 15- cv-2928, and 15-cv-4579 sent to the Honorable Donald S. Clark, Secretary of the Commission at The Federal Trade Commission, was delivered on 11/2/2015. (Barrett, C)
November 23, 2015 Opinion or Order Filing 213 AFFIDAVIT in Support re #212 Response to Motion, by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Joyce, Eamon)
November 23, 2015 Opinion or Order Filing 212 RESPONSE to Motion re #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission filed by Kimberly-Clark Corporation. (Joyce, Eamon)
November 23, 2015 Opinion or Order Filing 211 RESPONSE in Opposition re #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit A: FTC Decision and Order) (Bergin, James)
November 19, 2015 Opinion or Order ORDER RE #164 Motion to Compel. Motion to compel production of customer identification information from third party Quidsi, Inc. is denied with leave to renew after the stay is lifted with respect to class certification.Motion to compel production of customer identification information from third party Quidsi, Inc. is denied with leave to renew after the stay is lifted with respect to class certification. Ordered by Magistrate Judge Robert M. Levy on 11/19/2015. (Marino, Janine)
November 18, 2015 Opinion or Order Filing 210 SCHEDULING ORDER Resetting Hearing on Plaintiff's #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission. The hearing is adjourned to 12/7/2015 at 2:00 p.m. in Courtroom 10B South. Since the cases may be affected by disposition of the Kurtz motion, counsel in all related cases (14-CV-4090; 15-CV-2909; 15-CV-2910; 15-CV-2928; 15-CV-4579) shall appear at the December 7, 2015 hearing on plaintiff's motion. Ordered by Judge Jack B. Weinstein on 11/16/2015. (Barrett, C)
November 18, 2015 Opinion or Order Filing 209 Letter to Judge Weinstein and Magistrate Judge Levy regarding the Court's November 13, 2015 Scheduling Order directing the parties to agree on a briefing schedule on the motion to lift the Court's October 9, 2015 Order staying cases and referring issues to the Federal Trade Commission by D. Joseph Kurtz (Reich, Mark)
November 13, 2015 Opinion or Order Filing 208 SCHEDULING ORDER Setting Hearing on Plaintiff's #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission. The motion will be heard on December 7, 2015 at 10:30 a.m. in Courtroom lOB South. The parties shall agree on a briefing schedule. If they cannot agree, the magistrate judge is respectfully requested to set a briefing schedule. Counsel in all related cases (14-CV-4090; 15-CV-2909; 15-CV-2910; 15-CV-2928; 15- CV-4579) are also directed to appear at the December 7, 2015 hearing on plaintiff's motion. Ordered by Judge Jack B. Weinstein on 11/13/2015. (Barrett, C) Modified on 11/13/2015 (Barrett, C).
November 10, 2015 Opinion or Order Filing 207 AFFIDAVIT/DECLARATION in Support re #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission ("FTC") filed by D. Joseph Kurtz. (Attachments: #1 Exhibit A-FTC's Final Decision and Order In the Matter of Nice-Pak Products, Inc., #2 Exhibit B-FTC's Press Release issued on November 2, 2015, #3 Exhibit C-Complaint issued by the FTC on October 30, 2015 against Nice-Pak Products, Inc., #4 Exhibit D-Excerpts from Hearing on October 9, 2015) (Reich, Mark)
November 10, 2015 Opinion or Order Filing 206 MEMORANDUM in Support re #205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission filed by D. Joseph Kurtz. (Reich, Mark)
November 10, 2015 Opinion or Order Filing 205 MOTION to Amend/Correct/Supplement and to Lift the Court's October 9, 2015 Order Staying Cases and Referring Issues to the Federal Trade Commission by D. Joseph Kurtz. (Attachments: #1 Proposed Order) (Reich, Mark) Modified on 11/10/2015 (Barrett, C).
November 10, 2015 Opinion or Order Filing 204 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/09/2015, before Judge Weinstein. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/1/2015. Redacted Transcript Deadline set for 12/11/2015. Release of Transcript Restriction set for 2/8/2016. (Mancuso, Anthony)
November 6, 2015 Opinion or Order Filing 203 STATUS REPORT Re: Settlement by Kimberly-Clark Corporation (Joyce, Eamon)
October 23, 2015 Opinion or Order STATUS REPORT ORDER. Counsel for each party shall submit a confidential status report to chambers by 11/6/15 explaining the status of settlement discussions and advising whether an in person settlement conference would be useful. Status Report due by 11/6/2015. Ordered by Magistrate Judge Robert M. Levy on 10/23/2015. (Levy, Robert)
October 22, 2015 Opinion or Order Filing 202 NOTICE: Judge Weinstein's Memorandum and Order on Motion for Reconsideration, dated 10/22/2015, has been filed in Belfiore v. Procter & Gamble Co., 14-CV-4090, ECF. No. 160. For the reasons stated in the attached Memorandum and Order, as well as orally and on the record at the October 9 and October 21 hearings, plaintiff's [Anthony Belfiore] motion to reconsider the court's memorandum and order of October 5, 2015 is denied. As indicated at the October 21 hearing, the stay does not prevent the parties from attempting to reach an acceptable class settlement, while the FTC considers the matter. Belfiore v. Procter & Gamble Co., as well as all related cases pending in this court (14- CV-1142, 15-CV- 2909, 15-CV-2910, 15- CV-2928, 15-CV-4579) are respectfully referred to the magistrate judge for the purpose of settlement. (Barrett, C) Modified on 10/27/2015 (Barrett, C).
October 19, 2015 Opinion or Order Filing 201 MEMORANDUM in Support of Reconsideration of the Court's Order of October 5, 2015 filed by Anthony Belfiore. (Levy, Lester)
October 15, 2015 Opinion or Order Filing 200 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #130: Defendant Costco Wholesale Corporation's Declaration of Kayvan B. Sadeghi in Further Support of Costco's Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bergin, James)
October 15, 2015 Opinion or Order Filing 199 REPLY in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #129: Defendant Costco Wholesale Corporation's Reply Memorandum of Law in Support of its Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Bergin, James)
October 15, 2015 Opinion or Order Filing 198 AFFIDAVIT/DECLARATION in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ; Public Version (Redacted) of Doc. #128: Plaintiff's Declaration of Mark S. Reich in Support of Plaintiff's Omnibus Reply Memorandum in Support of Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 23, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26) (Bergin, James)
October 15, 2015 Opinion or Order Filing 197 REPLY in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ; Public Version (Redacted) of Doc. #127: Plaintiff's Omnibus Reply in Support of Plaintiff's Motion for Class Certification filed by Costco Wholesale Corporation. (Bergin, James)
October 15, 2015 Opinion or Order Filing 196 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #92: Defendant Costco Wholesale Corporation's Declaration of Dionna Phillips in Support of Costco's Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Bergin, James)
October 15, 2015 Opinion or Order Filing 195 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #91: Defendant Costco Wholesale Corporation's Declaration of Kim Babusik in Support of Costco's Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Bergin, James)
October 15, 2015 Opinion or Order Filing 194 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #90: Costco Wholesale Corporation's Declaration of Kim Walior in Support of Costco's Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Bergin, James)
October 15, 2015 Opinion or Order Filing 193 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #89: Defendant Costco Wholesale Corporation's Declaration of Kayvan B. Sadeghi in Support of Costco's Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5J, #7 Exhibit 5L, #8 Exhibit 5M, #9 Exhibit 5N, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8) (Bergin, James)
October 15, 2015 Opinion or Order Filing 192 MEMORANDUM in Support re #87 MOTION to Strike (Deny) Class Certification ; Public Version (Redacted) of Doc. #88: Defendant Costco Wholesale Corporation's Memorandum of Law in Support of Motion to Deny Class Certification filed by Costco Wholesale Corporation. (Bergin, James)
October 15, 2015 Opinion or Order Filing 191 AFFIDAVIT/DECLARATION in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ; Public Version (Redacted) of Doc. #84: Plaintiff's Declaration of Colin B. Weir filed by Costco Wholesale Corporation. (Bergin, James)
October 15, 2015 Opinion or Order Filing 190 AFFIDAVIT/DECLARATION in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ; Public Version (Redacted) of Doc. #83: Plaintiff's Declaration of Mark S. Reich in Support of Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Costco Wholesale Corporation. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL) (Bergin, James)
October 15, 2015 Opinion or Order Filing 189 MEMORANDUM in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ; Public Version (Redacted) of Doc. #81: Plaintiff's Omnibus Memorandum of Law in Support of Plaintiff's Motion for Class Certification and Appointment of Class Representative and Class Counsel filed by Costco Wholesale Corporation. (Bergin, James)
October 14, 2015 Opinion or Order Filing 188 Letter Regarding the Filing of Papers Related to the Class Certification Motions by Costco Wholesale Corporation (Bergin, James)
October 14, 2015 Opinion or Order Filing 187 NOTICE: Judge Weinstein's Scheduling Order dated 10/13/2015 has been filed in Belfiore v. Procter & Gamble Co., 14-CV- 4090, ECF. No. 154, which sets argument on the Oral MOTION for Reconsideration filed by Anthony Belfiore re the Memorandum and Order dated 10/5/2015. Argument will be held on 10/21/2015 at 10:00 A.M. in Courtroom 10B South before Judge Jack B. Weinstein. At the hearing, the court will also discuss the management of 14-CV-4090 and related cases. Counsel in related cases are invited to attend. They may arrange to appear by telephone by contacting case coordinator June Lowe. [Copy of Scheduling Order dated 10/13/2015 attached.] (Barrett, C) Modified on 10/27/2015 (Barrett, C).
October 13, 2015 Opinion or Order Filing 186 COURT'S EXHIBIT NO. 9: Transcript of Oral Sworn Deposition of Daniel H. Zitomer, Ph.D., P.E., held at Peterson, Johnson & Murray, on 6/10/2015 (document 147-1). [Marked as Court's Exhibit No. 9 at the 6/19/2015 hearing.] (Barrett, C)
October 13, 2015 Opinion or Order Filing 185 NOTICE: Judge Weinstein's Scheduling Order dated 10/9/2015 has been filed in Belfiore v. Procter & Gamble Co., 14-CV-4090, ECF. No. 153, which reads in substantial part: On October 9, 2015, the plaintiff [Anthony Belfiore] moved to reconsider the court's memorandum & order, issued on October 5, 2015. See Hr'g Tr., Oct. 9, 2015, 14-CV-1142. The motion for a rehearing is granted. The parties shall contact case manager June Lowe to set a date for the argument as soon as practicable. If the parties wish to submit briefs, they shall agree upon a briefing schedule. If the parties cannot agree, the magistrate judge is respectfully requested to set one. [Copy of Scheduling Order dated 10/9/2015 attached.] (Barrett, C) Modified on 10/27/2015 (Barrett, C).
October 13, 2015 Opinion or Order Filing 183 ORDER STAYING CASES 14-cv-1142, 15-cv-2909, 15-cv-2910, 15-cv-2928, and 15- cv-4579. On October 5, 2015, the court issued a memorandum and order in a related case, Belfiore v. Procter & Gamble Co., 14-CV-4090, respectfully referring the case to the Federal Trade Commission. For the same reasons, these cases are stayed. The issue of an appropriate definition of "flushable" and related issues are respectfully referred to the Federal Trade Commission. The stays may be lifted by the court to avoid unnecessary delays or for any other reason. The Clerk of the Court is directed to send an electronic copy of the complete record in these cases to the Secretary of the Federal Trade Commission. No sealed records shall be transmitted without order of the court or magistrate judge. Ordered by Judge Jack B. Weinstein on 10/9/2015. (Barrett, C)
October 9, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Settlement is not possible at this time. There are no outstanding discovery issues. (Levy, Robert)
October 8, 2015 Opinion or Order Filing 184 Email dated 10/7/2015 from Caitrin McKiernan, Law Clerk to the Honorable Jack B. Weinstein, to Counsel, stating that the court will hear oral argument on class certification at the October 9 hearing, as previously scheduled. (Barrett, C)
October 8, 2015 Opinion or Order Filing 182 ORDER. On October 7, 2015, counsel for the parties in 14-CV-1142 telephoned my chambers with two questions. First, they asked whether the argument on class certification in 14-CV-1142, scheduled for October 9, 2015 at 10 a.m., will proceed. It will. Second, the parties asked whether counsel in 14-CV-1142, 15-CV-2909, 15-CV- 2910, 15-CV-2928 and 15-CV-4579 shall appear at the order to show cause hearing, also scheduled for October 9, 2015 at 10 a.m. Counsel are ordered to appear to show cause. Ordered by Judge Jack B. Weinstein on 10/8/2015. (Barrett, C)
October 5, 2015 Opinion or Order Filing 181 ORDER TO SHOW CAUSE re #180 Memorandum & Order. On October 9, 2015 at 10 a.m. in Courtroom 10 B South, the parties in the above captioned case are ordered to show cause why the court should not stay this case and refer it to the Federal Trade Commission. Show Cause Hearing set for 10/9/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 10/5/2015. (Barrett, C)
October 5, 2015 Opinion or Order Filing 180 MEMORANDUM & ORDER re Belfiore v. Procter & Gamble Co., 14-CV-4090. Plaintiff's motion to certify the class and defendant's motion to deny class certification are stayed. Discovery is stayed. The issue of an appropriate definition of "flushable" and related issues are respectfully referred to the Federal Trade Commission. The Clerk of the Court is directed to serve three copies of this memorandum and order on the Secretary of the Federal Trade Commission. Ordered by Judge Jack B. Weinstein on 10/5/2015. (Barrett, C)
September 21, 2015 Opinion or Order Filing 179 Letter in response to the Court's September 18, 2015 Order by Kimberly-Clark Corporation (Joyce, Eamon)
September 21, 2015 Opinion or Order Filing 178 Letter in Response to the Court's Order Dated September 17, 2015 by Costco Wholesale Corporation (Bergin, James)
September 18, 2015 Opinion or Order Filing 177 Letter in response to the Court's September 18, 2015 Order by Eugene and Victoria Richard (Reich, Mark)
September 18, 2015 Opinion or Order Filing 176 Letter in response to Court's September 18, 2015 Order by Anthony Belfiore (Levy, Lester)
September 18, 2015 Opinion or Order Filing 175 ORDER. Counsel in 14-cv-1142 and related cases shall promptly notify the court of any additional cases, filed in this court, involving "flushable" wipes. Counsel shall also advise the court 1) if they serve as counsel in any case filed in another court that involves "flushable" wipes; and 2) if their clients in 14-cv-1142 or related cases are parties to any case filed in another court that involves "flushable" wipes. Ordered by Judge Jack B. Weinstein on 9/17/2015. (Barrett, C)
September 10, 2015 Opinion or Order Filing 174 ENDORSED ORDER granting #171 Motion to Adjourn Hearing on Class Certification. Set hearing for Oct. 9, 2015 at 10:00 a.m. (Motion Hearing set for 10/9/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 9/9/2015. (Barrett, C)
September 10, 2015 Opinion or Order ORDER granting #75 Motion for Extension of Time to Complete Discovery,. Ordered by Magistrate Judge Robert M. Levy on 2/6/2015. (Levy, Robert)
September 9, 2015 Opinion or Order Filing 173 NOTICE by Anthony Belfiore re #170 Order, Set Deadlines,,,, Plaintiff's Memorandum of Law in Response to the Court's Order of August 31, 2015 (previously filed, before 10am, in 14-4090, and being filed here pursuant to the Court's standing order to file in companion cases) (Levy, Lester)
September 4, 2015 Opinion or Order Filing 172 REPLY in Support re #164 MOTION to Compel Production of Documents from Third Party Quidsi, Inc. filed by Anthony Belfiore. (Insley-Pruitt, Matthew)
September 3, 2015 Opinion or Order Filing 171 Letter MOTION to Adjourn Conference for the parties' motions to grant or deny class certification currently scheduled for September 11, 2015 be rescheduled to October 9, 2015 at 10:00 am by D. Joseph Kurtz. (Reich, Mark)
August 31, 2015 Opinion or Order Filing 170 ORDER. By September 9, 2015 at 10 a.m., the parties in 14-cv-4090 shall file and docket supplemental briefing on the following questions: Can the court invoke the primary jurisdiction doctrine to stay decision on the certification of an injunctive class and to refer the issue to the Federal Trade Commission? Should the court so proceed? The parties in 14-cv-1142, shall be prepared to discuss these questions, as applied to 14-cv-1142, at their argument on class certification. Ordered by Judge Jack B. Weinstein on 8/31/2015. (Barrett, C)
August 27, 2015 Opinion or Order Filing 169 Letter to Magistrate Judge Levy re Motion to Compel Production from Quidsi Inc. by Anthony Belfiore (Insley-Pruitt, Matthew)
August 26, 2015 Opinion or Order Filing 168 NOTICE by Anthony Belfiore of Plaintiff's Memorandum of Law in Response to Court's August 12, 2015 Order Entered in 14-cv-4090 (Levy, Lester)
August 24, 2015 Opinion or Order Filing 167 Letter enclosing supplemental authority by Anthony Belfiore (Levy, Lester)
August 21, 2015 Opinion or Order Filing 166 Letter by D. Joseph Kurtz (Reich, Mark)
August 18, 2015 Opinion or Order Filing 165 Letter in response to Plaintiff Belfiore's motion to compel production of documents from third party Quidsi, Inc. (docketed in Kurtz as D.E. 164). by Kimberly-Clark Corporation (Joyce, Eamon)
August 13, 2015 Opinion or Order ORDER granting #163 Joint MOTION for an Extension of Time to Respond to the Complaint in the case of Palmer, et al., -v- CVS Health, et al., 15 CV 2928 (JBW)(RML). Ordered by Magistrate Judge Robert M. Levy on 8/12/2015. (Marino, Janine)
August 5, 2015 Opinion or Order Filing 164 MOTION to Compel Production of Documents from Third Party Quidsi, Inc. by Anthony Belfiore. (Attachments: #1 Memorandum in Support of Motion to Compel, #2 Declaration in Support of Motion to Compel) (Levy, Lester)
August 4, 2015 Opinion or Order Filing 163 Joint MOTION for Extension of Time to File ; Stipulation and [Proposed] Order Extending Time to Respond to the Complaint in Case No. 15cv2928 by Nice-Pak Products, Inc., CVS Pharmacy, Inc.. (Bergin, James)
August 4, 2015 Opinion or Order Filing 162 Letter attaching glossary of terms used on July 21, 2015 by Anthony Belfiore (Attachments: #1 Glossary of Terms from July 21, 2015) (Levy, Lester)
July 30, 2015 Opinion or Order Filing 161 SCHEDULING ORDER. Oral argument on class certification in 14-cv-1142 is adjourned to September 11, 2015 at 10:00 a.m. Oral argument on class certification in 14-cv-4090 will proceed as scheduled, on August 12, 2015 at 10:30 a.m. Ordered by Judge Jack B. Weinstein on 7/30/2015. (Barrett, C) Modified on 9/10/2015 (Barrett, C).
July 23, 2015 Opinion or Order Filing 160 Letter regarding curriculum vitae by Anthony Belfiore (Attachments: #1 Curriculum Vitae of Robert Villee) (Levy, Lester)
July 21, 2015 Opinion or Order Minute Entry--Science Day Hearing Day 2. (Levy, Robert)
July 21, 2015 Opinion or Order ORDER The parties are directed to meet with me to explore settlement directly after the conclusion of oral argument on the class certification motions on August 12, 2015. Ordered by Magistrate Judge Robert M. Levy on 7/21/2015. (Levy, Robert)
July 16, 2015 Opinion or Order Filing 159 SCHEDULING ORDER. The hearing in 14-CV-1142 and 14-CV-4090, originally scheduled for July 21, 2015 at 10:30 a.m., is rescheduled to commence at 9:30 a.m. Ordered by Judge Jack B. Weinstein on 7/14/2015. (Hearing set for 7/21/2015 at 09:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 7/14/2015. (Barrett, C)
July 13, 2015 Opinion or Order ORDER granting #157 Joint MOTION for Extension of Time to File Stipulation and [Proposed] Order Extending Time to Respond to Complaint in Case no. 15 cv 2928 by Nice-Pak Products, Inc. Ordered by Magistrate Judge Robert M. Levy on 7/09/2015. (Marino, Janine)
July 9, 2015 Opinion or Order Filing 158 ENDORSED ORDER re letter dated 6/23/2015 filed by Kimberly-Clark Corporation ("Kimberly-Clark") enclosing an electronic copy of Science Day EXHIBIT 9. F&D (file and docket) with attached thumb drive [containing an electronic copy of Kimberly-Clark's PowerPoint presentation from the June 19, 2015 Science Day hearing]. Related document: Letter filed by Kimberly-Clark (19 in 2:15-cv-02909-JBW-RML), (18 in 2:15-cv-02910-JBW-RML), (19 in 2:15-cv-02928-JBW-RML), (116 in 2:14-cv-04090-JBW-RML), (151 in 1:14-cv- 01142-JBW-RML). Ordered by Judge Jack B. Weinstein on 6/30/2015. Note: the electronic copy of Kimberly-Clark's PowerPoint presentation, attached to the hard copy of this order, is not available via ECF. (Barrett, C)
July 2, 2015 Opinion or Order Filing 157 Joint MOTION for Extension of Time to File ; Stipulation and [Proposed] Order Extending Time to Rerspond to Complaint in Case no. 15cv2928 by Nice-Pak Products, Inc.. (Bergin, James)
June 30, 2015 Opinion or Order Filing 156 Science Day EXHIBIT 4 [a disc containing the video shown by Plaintiff Anthony Belfiore (2:14-cv-04090-JBW-RML) during the June 19, 2015, Science Day hearing] by Anthony Belfiore. Related document: Letter filed by Anthony Belfiore (153 in 1:14-cv-01142-JBW-RML),(14 in 2:15-cv- 02910-JBW-RML), (13 in 2:15-cv-02909-JBW-RML), (15 in 2:15-cv-02928-JBW- RML), (111 in 2:14-cv-04090-JBW-RML). (Attachments: #1 Cover Letter to Judges Weinstein and Levy) Note: the disc containing video shown by Plaintiff Anthony Belfiore is not available via ECF. (Barrett, C)
June 30, 2015 Opinion or Order Filing 155 ENDORSED ORDER. The attached computer material [an electronic copy of the PowerPoint presentation shown by The Procter & Gamble Company ("P&G") at the June 19, 2015 Science Day hearing] should be made available as requested by any person. Related document: Letter filed by P&G (110 in 2:14-cv-04090-JBW-RML), (13 in 2:15-cv- 02928-JBW- RML), (152 in 1:14-cv-01142-JBW-RML), (12 in 2:15-cv-02910- JBW- RML), (11 in 2:15-cv-02909-JBW-RML). Ordered by Judge Jack B. Weinstein on 6/24/2015. Note: the electronic copy of P&G's PowerPoint presentation, attached to the hard copy of this order, is not available via ECF. (Barrett, C)
June 29, 2015 Opinion or Order Filing 154 News Article: "Manufacturer agrees to stop using 'flushable' claim for wipes that utilities say clog sewer systems," The Washington Post, June 23 2015 . (Barrett, C)
June 24, 2015 Opinion or Order Filing 153 Letter re Science Day Exhibit 4 by Anthony Belfiore (Levy, Lester)
June 23, 2015 Opinion or Order Filing 152 Letter regarding Science Day PowerPoint Presentation by The Procter & Gamble Company (Schau, Andrew)
June 23, 2015 Opinion or Order Filing 151 Letter to The Honorable Jack B. Weinstein by Kimberly-Clark Corporation (Joyce, Eamon)
June 23, 2015 Opinion or Order Filing 150 ORDER. At the hearing held on June 19, 2015 in the cases captioned herein, the parties played powerpoint presentations with embedded videos and graphics. The powerpoints were admitted into evidence; the court was provided with paper copies of the powerpoints. Each party whose powerpoint included multimedia shall supply the court with a soft copy of the powerpoint (in DVD or thumb drive form), in addition to a cover letter describing the multimedia elements contained in the soft copy. The cover letters shall be docketed. Ordered by Judge Jack B. Weinstein on 6/22/2015. (Barrett, C)
June 22, 2015 Opinion or Order Filing 149 NOTICE by The Procter & Gamble Company of Filing of Exhibits 26A - 26I (Attachments: #1 Exhibit 26 - INDA Guidelines) (Schau, Andrew)
June 17, 2015 Opinion or Order Filing 148 Letter by Anthony Belfiore (Levy, Lester)
June 17, 2015 Opinion or Order Filing 147 Letter to Judge Weinstein and Magistrate Judge Levy from Eamon P. Joyce regarding the preferred order of witnesses in advance of the June 19, 2015 hearing by Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B) (Joyce, Eamon)
June 11, 2015 Opinion or Order Filing 146 TRANSCRIPT of Proceedings held on May 29, 2015, before Judge Levy. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/2/2015. Redacted Transcript Deadline set for 7/13/2015. Release of Transcript Restriction set for 9/9/2015. (Rocco, Christine)
May 29, 2015 Opinion or Order Filing 145 ORDER. Any motions or communications filed in any of the actions captioned herein shall be filed in each of the actions. Ordered by Judge Jack B. Weinstein on 5/28/2015. (Barrett, C) Modified on 5/29/2015 (Barrett, C).
May 29, 2015 Opinion or Order Filing 144 ORDER REFERRING to the Magistrate Judge for expeditious decision (140 in 1:14-cv-01142-JBW-RML) the request in the letter dated May 22, 2015 in 14-cv-1142. Ordered by Judge Jack B. Weinstein on 5/28/2015. (Barrett, C)
May 29, 2015 Opinion or Order Filing 143 ORDER REFERRING to the Magistrate Judge (136 in 1:14-cv-01142-JBW-RML), (97 in 2:14-cv-04090-JBW-RML) request[s] to reschedule the 6/9/2015 hearing on the technology underlying "flushable wipes." The magistrate judge shall consult with case coordinator June Lowe to set the earliest date practicable. On the date and time so set, counsel in the above captioned latter three cases (15-cv-2909, 15-cv-2910, 15-cv-2928) shall appear to discuss with the court the administration of their cases. Argument on the motions for class certification in 14-cv-1142 and 14-cv-4090 is set for July 13, 2015. The magistrate judge shall arrange to adjourn that hearing, if necessary, to the earliest date practicable, taking into account any rescheduling of the hearing currently set for June 9, 2015. Ordered by Judge Jack B. Weinstein on 5/28/2015. (Barrett, C)
May 29, 2015 Opinion or Order Motion terminated, docketed incorrectly: #138 Letter MOTION to Adjourn Conference ; in Response to Letter Submitted on 5/22/15 by Plaintiff's Counsel in Belfiore v. The Procter & Gamble Co. filed by Costco Wholesale Corporation. This is not a motion but a response. Docket text at #138 modified accordingly. (Barrett, C)
May 29, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mark Reich, Eamon Joyce, James Bergin.(1) Science Day hearings will be held on 6/19/15 at 10:30 (all witnesses but Robert Villee) and 7/21/15 at 10:30 (Robert Villee only). The format will be as follows: The witnesses should be prepared to discuss the scientific issues in response to questions from counsel. The questions may be broad and open-ended. Opposing counsel may be given the opportunity to conduct some cross-examination, and the court may also ask questions. The witnesses should be prepared to speak with each other to narrow the issues or clarify their areas of agreement and disagreement. Mr. Villee should review the transcript of the 6/19/15 hearing and be prepared to contribute to the discussion. (2) Counsel are permitted to depose the witnesses who will testify at Science Day. (3) The class certification hearing is adjourned to 8/12/15 at 10:30.Motion Hearing held on 5/29/2015 re #136 Letter MOTION to Continue the Science Day hearing (presently scheduled for June 9, 2015) to July 8, 2015 filed by Costco Wholesale Corporation (Tape #2:33-3:07.) (Levy, Robert)
May 28, 2015 Opinion or Order Filing 142 AFFIDAVIT/DECLARATION in Support re #82 MOTION to Strike (Deny) Class Certification filed by Kimberly-Clark Corporation. (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 (Redacted), #10 Exhibit J, #11 Exhibit K (Redacted), #12 Exhibit L, #13 Exhibit M (Redacted), #14 Exhibit N, #15 Exhibit O (Redacted), #16 Exhibit P (Redacted), #17 Exhibit Q (Redacted), #18 Exhibit R (Redacted), #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X (Redacted), #25 Exhibit Y (Part 1 - Redacted), #26 Exhibit Y (Part 2 - Redacted), #27 Exhibit Z) (Joyce, Eamon)
May 28, 2015 Opinion or Order Filing 141 MEMORANDUM in Support re #82 MOTION to Strike (Deny) Class Certification (Redacted) filed by Kimberly-Clark Corporation. (Joyce, Eamon)
May 28, 2015 Opinion or Order SCHEDULING ORDER: A telephone conference to discuss discovery and scheduling issues is scheduled for May 29, 2015 at 2:30 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Counsel for plaintiff Kurtz is directed to initiate conference call and confirm that all parties in related cases are aware of date and time of scheduled conference. Ordered by Magistrate Judge Robert M. Levy on 5/28/2015. (Marino, Janine)
May 22, 2015 Opinion or Order Filing 140 Letter (Joint) to Honorable Jack B. Weinstein and Honorable Robert M. Levy dated May 22, 2015 Regarding Discovery Dispute by Kimberly-Clark Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Joyce, Eamon)
May 22, 2015 Opinion or Order Filing 139 Notice of Related Case indicated on the civil cover sheet in case 15cv2928(JMA)(GRB). (McMahon, Carol)
May 22, 2015 Opinion or Order Filing 138 RESPONSE re (99 in 2:14-cv-04090-JBW-RML) Letter Submitted on 5/22/15 by Plaintiff's Counsel in Belfiore v. The Procter & Gamble Co. regarding the timing of the Science Day hearing currently scheduled for June 9, 2015 filed by Costco Wholesale Corporation. (Bergin, James) Modified on 5/29/2015 (Barrett, C).
May 22, 2015 Opinion or Order Filing 137 ORDER. At the hearing scheduled for June 9, 2015 on the technology underlying "flushable wipes," the plaintiffs shall be present in person or by telephone. Counsel should contact Case Coordinator June Lowe if the plaintiffs plan to appear via telephone. Ordered by Judge Jack B. Weinstein on 5/21/2015. (Barrett, C)
May 21, 2015 Opinion or Order Filing 136 Letter MOTION to Continue the Science Day hearing (presently scheduled for June 9, 2015) to July 8, 2015 by Costco Wholesale Corporation. (Attachments: #1 Exhibit A: 3/31/15 Hearing Transcript) (Bergin, James) Modified on 5/29/2015 (Barrett, C).
May 20, 2015 Opinion or Order Filing 135 Letter to Judge Weinstein and Magistrate Judge Levy regarding Nice-Pak's recent settlement with the Federal Trade Commission by Costco Wholesale Corporation (Bergin, James)
May 19, 2015 Opinion or Order Filing 134 ORDER re (94 in 2:14-cv-04090-JBW-RML) Letter filed by Anthony Belfiore. At the hearing scheduled for June 9, 2015 on the technology underlying "flushable wipes," the parties shall be prepared to discuss the effect, if any, of the Federal Trade Commission agreement and consent with Nice-Pak Products, Inc. on the cases captioned herein. Ordered by Judge Jack B. Weinstein on 5/19/2015. (Barrett, C)
May 19, 2015 Opinion or Order Filing 133 SCHEDULING ORDER. The hearing scheduled for June 19, 2015 on the technology underlying "flushable wipes" will be held on June 9, 2015 at 11:30 a.m. (Hearing reset for 6/9/2015 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 5/18/2015. (Barrett, C)
May 15, 2015 Opinion or Order ORDER granting #95 Motion for Leave to File. Ordered by Magistrate Judge Robert M. Levy on 3/20/2015. (Levy, Robert)
May 15, 2015 Opinion or Order ORDER granting #96 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Robert M. Levy on 3/20/2015. (Levy, Robert)
May 13, 2015 Opinion or Order Filing 132 RESPONSE in Opposition re #131 Letter MOTION to Adjourn Conference filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 5/13/15 letter from counsel for Procter & Gamble Company filed in the Belfiore action) (Bergin, James)
May 12, 2015 Opinion or Order Filing 131 Letter MOTION to Adjourn Conference by D. Joseph Kurtz. (Reich, Mark)
April 30, 2015 Opinion or Order Filing 130 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Sadeghi, Kayvan)
April 30, 2015 Opinion or Order Filing 129 REPLY in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Bergin, James)
April 30, 2015 Opinion or Order Filing 128 AFFIDAVIT/AFFIRMATION re #127 Sealed, Reply in Support by D. Joseph Kurtz (Attachments: #1 Ex. 23 (filed under seal), #2 Ex. 24 (filed under seal), #3 Ex. 25 (filed under seal), #4 Ex. 26 (filed under seal)) (Reich, Mark)
April 30, 2015 Opinion or Order Filing 127 REPLY in Support re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by D. Joseph Kurtz. (Reich, Mark)
April 20, 2015 Opinion or Order Filing 126 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) (Keith R. Ugone) [Redacted] filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Eamon)
April 20, 2015 Opinion or Order Filing 125 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) (Daniel A. Spira) filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Spira, Daniel)
April 20, 2015 Opinion or Order Filing 124 MEMORANDUM in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) [Redacted] filed by Kimberly-Clark Corporation. (Joyce, Eamon)
April 16, 2015 Opinion or Order Filing 123 AFFIDAVIT/DECLARATION in Opposition re #87 MOTION to Strike (Deny) Class Certification, #82 MOTION to Strike (Deny) Class Certification filed by Plaintiff D. Joseph Kurtz [Under Seal] filed by Costco Wholesale Corporation. (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) (Bergin, James)
April 16, 2015 Opinion or Order Filing 122 MEMORANDUM in Opposition re #82 MOTION to Strike (Deny) Class Certification, #87 MOTION to Strike (Deny) Class Certification filed by Plaintiff D. Joseph Kurtz [Under Seal] filed by Costco Wholesale Corporation. (Bergin, James)
April 16, 2015 Opinion or Order Filing 121 AFFIDAVIT/DECLARATION in Opposition re #82 MOTION to Strike (Deny) Class Certification, #87 MOTION to Strike (Deny) Class Certification of Colin Weir filed by Plaintiff D. Joseph Kurtz [Public Version] filed by Costco Wholesale Corporation. (Bergin, James)
April 16, 2015 Opinion or Order Filing 120 AFFIDAVIT/DECLARATION in Opposition re #87 MOTION to Strike (Deny) Class Certification, #82 MOTION to Strike (Deny) Class Certification of Mark Reich filed by Plaintiff D. Joseph Kurtz [Public Version - Redacted] filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Redacted), #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 (Redacted), #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Bergin, James)
April 16, 2015 Opinion or Order Filing 119 MEMORANDUM in Opposition re #82 MOTION to Strike (Deny) Class Certification, #87 MOTION to Strike (Deny) Class Certification filed by Plaintiff D. Joseph Kurtz [Public Version - Redacted] filed by Costco Wholesale Corporation. (Bergin, James)
April 16, 2015 Opinion or Order Filing 118 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) - [Under Seal] filed by Costco Wholesale Corporation. (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) (Bergin, James)
April 16, 2015 Opinion or Order Filing 117 MEMORANDUM in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) - [Under Seal] filed by Costco Wholesale Corporation. (Bergin, James)
April 16, 2015 Opinion or Order Filing 116 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) [Public Version - Redacted] filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1 (Redacted), #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) (Bergin, James)
April 16, 2015 Opinion or Order Filing 115 MEMORANDUM in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) [Public Version - Redacted] filed by Costco Wholesale Corporation. (Bergin, James)
April 16, 2015 Opinion or Order ORDER granting #113 Motion for Leave to File. Ordered by Magistrate Judge Robert M. Levy on 4/16/2015. (Levy, Robert)
April 16, 2015 Opinion or Order ORDER granting #112 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Robert M. Levy on 4/16/2015. (Levy, Robert)
April 16, 2015 Opinion or Order ORDER granting #111 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Robert M. Levy on 4/16/2015. (Levy, Robert)
April 10, 2015 Opinion or Order Filing 113 Letter MOTION for Leave to File (maintain) under seal an unredacted version of Kimberly-Clark's Memorandum of Law in Opposition to Class Certification and the Rebuttal Declaration of Keith R. Ugone by Kimberly-Clark Corporation. (Attachments: #1 Memorandum of Law in Opposition to Motion for Class Certification, #2 Rebuttal Declaration of Keith R. Ugone) (Joyce, Eamon)
April 10, 2015 Opinion or Order Filing 112 Letter MOTION for Leave to Electronically File Document under Seal Certain Portions of Plaintiff's Opposition by Costco Wholesale Corporation, Kimberly-Clark Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Bergin, James)
April 10, 2015 Opinion or Order Filing 111 Letter MOTION for Leave to Electronically File Document under Seal Certain Portions of Costco's Opposition to Plaintiff's Motion for Class Certification and Associated Papers by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bergin, James)
April 3, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Scheduling and other matters discussed on the record. Counsel are invited to contact chambers in the event they need a mediator or the court's assistance with settlement.Discovery Hearing held on 3/31/2015.(Levy, Robert)
April 2, 2015 Opinion or Order Filing 109 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/31/2015, before Judge Jack Weinstein. Court Reporter/Transcriber Lisa Schmid, Telephone number (718)613-2644. Email address: LisaSchmidCCR.RMR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/23/2015. Redacted Transcript Deadline set for 5/4/2015. Release of Transcript Restriction set for 7/1/2015. (Schmid, Lisa)
April 1, 2015 Opinion or Order Filing 110 SCHEDULING ORDER. As agreed to by the parties, the court will hold a hearing on June 19, 2015 at 10 a.m. in Courtroom 10B South on the technology underlying "flushable wipes." The breadth of discovery needed, and the contours of pre-hearing disclosures, shall be determined by the magistrate judge. Argument on the pending motions to grant and deny class certification will be held on 7/13/2015 at 10:00 a.m. in Courtroom 10B South The magistrate judge shall confer with the parties to determine whether supplemental briefing is necessary. Ordered by Judge Jack B. Weinstein on 3/31/2015. Related documents: (82 in 1:14-cv-01142- JBW-RML) MOTION to Strike (Deny) Class Certification, (81 in 1:14- cv-01142-JBW-RML) MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal), (58 in 2:14-cv-04090- JBW-RML) Notice of MOTION to Certify Class , (59 in 2:14-cv-04090- JBW-RML) MOTION to Deny Class Certification. (Barrett, C)
March 31, 2015 Opinion or Order Filing 114 Minute Entry for proceedings held before Judge Jack B. Weinstein and Magistrate Robert M. Levy: Motion Hearing held on 3/31/2015 re (87 in 1:14- cv 01142-JBW-RML) MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation, (82 in 1:14-cv-01142-JBW-RML) MOTION to Strike (Deny) Class Certification filed by Kimberly-Clark Corporation, ( 81 in 1:14-cv-01142-JBW-RML) MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by D. Joseph Kurtz, (59 in 2:14-cv-04090-JBW- RML) MOTION to Deny Class Certification filed by The Procter & Gamble Company, (58 in 2:14-cv-04090-JBW-RML) Notice of MOTION to Certify Class filed by Anthony Belfiore. Counsel for all sides present. Case adjourned to 6/19/2015 at 10:00 a.m. for hearing. (Class certification motions will be heard 7/13/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) (Barrett, C)
March 30, 2015 Opinion or Order Filing 108 ORDER. The court is troubled by the ambiguities in evidence as to which products were used in New York, which were used in New Jersey, where they were purchased, and the quantities flushed. In addition to the preliminary discussion already scheduled for March 31, 2015 at 1:00 p.m, see ECF No. #98 , the parties in the above captioned case shall be prepared to discuss proof of causation, and any other matters they wish to bring to the court's attention. Ordered by Judge Jack B. Weinstein on 3/30/2015. (Barrett, C)
March 30, 2015 Opinion or Order ORDER granting nunc pro tunc #99 Motion to Seal, subject to requirement that within two weeks the parties specify the portions of their initial filings they seek to keep under seal. Ordered by Magistrate Judge Robert M. Levy on 3/30/2015. (Levy, Robert)
March 27, 2015 Opinion or Order Filing 107 MEMORANDUM in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by Costco Wholesale Corporation. (Bergin, James)
March 27, 2015 Opinion or Order Filing 106 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by Costco Wholesale Corporation. (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) (Bergin, James)
March 27, 2015 Opinion or Order Filing 105 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) (Keith R. Ugone) filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Joyce, Eamon)
March 27, 2015 Opinion or Order Filing 104 AFFIDAVIT/DECLARATION in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) (Daniel A. Spira) filed by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Spira, Daniel)
March 27, 2015 Opinion or Order Filing 103 MEMORANDUM in Opposition re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) filed by Kimberly-Clark Corporation. (Joyce, Eamon)
March 27, 2015 Opinion or Order Filing 102 AFFIDAVIT/DECLARATION in Opposition re #82 MOTION to Strike (Deny) Class Certification, #87 MOTION to Strike (Deny) Class Certification of Colin Weir filed by D. Joseph Kurtz. (Reich, Mark)
March 27, 2015 Opinion or Order Filing 101 AFFIDAVIT/DECLARATION in Opposition re #87 MOTION to Strike (Deny) Class Certification, #82 MOTION to Strike (Deny) Class Certification of Mark Reich filed by D. Joseph Kurtz. (Attachments: #1 Exhibit 1 (filed under seal), #2 Exhibit 2 (filed under seal), #3 Exhibit 3 (filed under seal), #4 Exhibit 4 (filed under seal), #5 Exhibit 5 (filed under seal), #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal), #8 Exhibit 8 (filed under seal), #9 Exhibit 9 (filed under seal), #10 Exhibit 10 (filed under seal), #11 Exhibit 11 (filed under seal), #12 Exhibit 12 (filed under seal), #13 Exhibit 13 (filed under seal), #14 Exhibit 14 (filed under seal), #15 Exhibit 15 (filed under seal), #16 Exhibit 16 (filed under seal), #17 Exhibit 17 (filed under seal), #18 Exhibit 18 (filed under seal), #19 Exhibit 19 (filed under seal), #20 Exhibit 20 (filed under seal), #21 Exhibit 21 (filed under seal), #22 Exhibit 22 (filed under seal)) (Reich, Mark)
March 27, 2015 Opinion or Order Filing 100 MEMORANDUM in Opposition re #82 MOTION to Strike (Deny) Class Certification, #87 MOTION to Strike (Deny) Class Certification (filed under seal) filed by D. Joseph Kurtz. (Reich, Mark)
March 26, 2015 Opinion or Order Filing 99 Joint MOTION to Seal Briefing on Class Certification on an Interim Basis by Costco Wholesale Corporation. (Bergin, James)
March 24, 2015 Opinion or Order Filing 98 SCHEDULING ORDER Setting Hearing on Oral Motion, by some of the parties, to Adjourn the hearing scheduled for April 29, 2015. All parties shall appear on Tuesday, March 31, 2015 at 1:00 p.m. in Courtroom 10B South to argue the motion to adjourn and for a preliminary discussion on administration of these litigations. Issues to be discussed include whether the cases can be settled as injunctive class actions, without damages, limited to New Yorkers. The complaints do not support claims against any municipality or other facilities that process the waste of multiple households. (Motion Hearing set for 3/31/2015 at 01:00 PM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 3/23/2015. (Barrett, C)
March 20, 2015 Opinion or Order ORDER denying #68 Motion to Quash, as explained at the 2/6/15 conference. Ordered by Magistrate Judge Robert M. Levy on 2/6/15. (Levy, Robert)
March 13, 2015 Opinion or Order Filing 97 Letter MOTION for Leave to Electronically File Document under Seal Portions of Plaintiff's Motion for Class Certification and Associated Papers by Costco Wholesale Corporation, Kimberly-Clark Corporation. (Attachments: #1 Exhibit 1: Exhibit List, #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4 (Redacted), #5 Exhibit 5 (Redacted), #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Redacted), #10 Exhibit 10 (Redacted), #11 Exhibit 11 (Redacted), #12 Exhibit 12 (Redacted), #13 Exhibit 13 (Redacted), #14 Exhibit 14 (Redacted), #15 Exhibit 15 (Redacted), #16 Exhibit 16 (Redacted), #17 Exhibit 17 (Redacted), #18 Exhibit 18 (Redacted), #19 Exhibit 19 (Redacted), #20 Exhibit 20 (Redacted), #21 Exhibit 21 (Redacted)) (Bergin, James)
March 13, 2015 Opinion or Order Filing 96 Letter MOTION for Leave to Electronically File Document under Seal Certain Portions of Costco's Memorandum of Law in Support of its Motion to Deny Class Certification and Associated Papers by Costco Wholesale Corporation. (Attachments: #1 Exhibit 1: Exhibit List, #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4 (Redacted), #5 Exhibit 5 (Redacted), #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Redacted), #10 Exhibit 10 (Redacted), #11 Exhibit 11 (Redacted), #12 Exhibit 12 (Redacted), #13 Exhibit 13 (Redacted), #14 Exhibit 14 (Redacted), #15 Exhibit 15 (Redacted), #16 Exhibit 16 (Redacted), #17 Exhibit 17 (Redacted)) (Bergin, James)
March 13, 2015 Opinion or Order Filing 95 Letter MOTION for Leave to File partially redacted versions of the Motion to Deny Class Certification by Kimberly-Clark Corporation. (Attachments: #1 Memorandum of Law in Support of Motion to Deny Class Certification (Redacted), #2 Exhibit I (Redacted), #3 Exhibit K (Redacted), #4 Exhibit M (Redacted), #5 Exhibit O (Redacted), #6 Exhibit P (Redacted), #7 Exhibit Q (Redacted), #8 Exhibit R (Redacted), #9 Exhibit X (Redacted), #10 Exhibit Y - Part 1 (Redacted), #11 Exhibit Y - Part 2 (Redacted)) (Joyce, Eamon)
March 6, 2015 Opinion or Order Filing 94 SCHEDULING ORDER. The hearing scheduled for April 1, 2015 is adjourned to April 29, 2015 at 10:00 a.m. (Hearing reset for 4/29/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 3/5/2015. (Barrett, C)
March 4, 2015 Opinion or Order Filing 93 SCHEDULING ORDER. The parties shall bring the products in question to the hearing, scheduled for April 1, 2015, on the motions to grant and deny class certification in the above captioned cases. As previously ordered, the named plaintiffs, and representatives from the defendants, familiar with the manufacture, design and marketing of the products in question, shall be present. Representatives who reside outside the Tri-State Area may arrange to appear by telephone. At least one week prior to the hearing, counsel for defendants shall contact Courtroom Deputy June Lowe to arrange for appearance by telephone. Ordered by Judge Jack B. Weinstein on 3/3/2015. (Barrett, C)
February 27, 2015 Opinion or Order Filing 92 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2) (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 91 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4) (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 90 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 89 AFFIDAVIT/DECLARATION in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 5J, #7 Exhibit Ex. 5L, #8 Exhibit Ex. 5M, #9 Exhibit Ex. 5N, #10 Exhibit Ex. 6, #11 Exhibit Ex. 7, #12 Exhibit Ex. 8) (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 88 MEMORANDUM in Support re #87 MOTION to Strike (Deny) Class Certification filed by Costco Wholesale Corporation. (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 87 MOTION to Strike (Deny) Class Certification by Costco Wholesale Corporation. (Hunt, Adam)
February 27, 2015 Opinion or Order Filing 86 AFFIDAVIT/DECLARATION in Support re #82 MOTION to Strike (Deny) Class Certification filed by Kimberly-Clark Corporation. (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (Joyce, Eamon)
February 27, 2015 Opinion or Order Filing 85 MEMORANDUM in Support re #82 MOTION to Strike (Deny) Class Certification filed by Kimberly-Clark Corporation. (Joyce, Eamon)
February 27, 2015 Opinion or Order Filing 84 DECLARATION re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) of Colin Weir (with Exhibits) (filed under seal) by D. Joseph Kurtz (Reich, Mark)
February 27, 2015 Opinion or Order Filing 83 DECLARATION re #81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) by D. Joseph Kurtz (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B (filed under seal), #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal), #5 Exhibit E (filed under seal), #6 Exhibit F (filed under seal), #7 Exhibit G (filed under seal), #8 Exhibit H (filed under seal), #9 Exhibit I (filed under seal), #10 Exhibit J (filed under seal), #11 Exhibit K (filed under seal), #12 Exhibit L (filed under seal), #13 Exhibit M (filed under seal), #14 Exhibit N (filed under seal), #15 Exhibit O (filed under seal), #16 Exhibit P (filed under seal), #17 Exhibit Q (filed under seal), #18 Exhibit R (filed under seal), #19 Exhibit S (filed under seal), #20 Exhibit T (filed under seal), #21 Exhibit U (filed under seal), #22 Exhibit V (filed under seal), #23 Exhibit W (filed under seal), #24 Exhibit X (filed under seal), #25 Exhibit Y (filed under seal), #26 Exhibit Z (filed under seal), #27 Exhibit AA (filed under seal), #28 Exhibit BB (filed under seal), #29 Exhibit CC (filed under seal), #30 Exhibit DD (filed under seal), #31 Exhibit EE (filed under seal), #32 Exhibit FF (filed under seal), #33 Exhibit GG (filed under seal), #34 Exhibit HH (filed under seal), #35 Exhibit II (filed under seal), #36 Exhibit JJ (filed under seal), #37 Exhibit KK (filed under seal), #38 Exhibit LL (filed under seal)) (Reich, Mark)
February 27, 2015 Opinion or Order Filing 82 MOTION to Strike (Deny) Class Certification by Kimberly-Clark Corporation. (Joyce, Eamon)
February 27, 2015 Opinion or Order Filing 81 MOTION to Certify Class and Appointment of Class Representative and Class Counsel (filed under seal) ( Responses due by 3/27/2015) by D. Joseph Kurtz. (Reich, Mark)
February 27, 2015 Opinion or Order Filing 79 NOTICE by D. Joseph Kurtz of Motion for Class Certification and Appointment of Class Representative and Class Counsel (Attachments: #1 Proposed Order) (Reich, Mark)
February 27, 2015 Opinion or Order ORDER granting #78 Motion to Seal. Ordered by Magistrate Judge Robert M. Levy on 2/27/2015. (Levy, Robert)
February 25, 2015 Opinion or Order Filing 78 Joint MOTION to Seal Motions For or Against Class Certification and Supporting Materials on an Interim Basis (filed as per instructions of Magistrate Judge Levy) by Costco Wholesale Corporation. (Bergin, James)
February 25, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Because of the anticipated extensive use of confidential information in the briefing of the class certification motion, counsel will jointly propose a procedure for sealing their submissions that will not delay the briefing schedule but will allow counsel to file initially under seal, with a reasonable but expeditious timeline for reviewing and narrowing the sealed filings.Conference held on 2/25/2015 (Levy, Robert)
February 20, 2015 Opinion or Order Filing 77 Letter dated 2/18/2015 from Judge Jack B. Weinstein to Judge Robert L. Hinkle, regarding possible overlap in cases before them and other colleagues and providing a letter he sent to colleagues last fall regarding this possibility. (Attachments: #1 Letter sent to colleagues) (Barrett, C)
February 11, 2015 Opinion or Order Filing 76 TRANSCRIPT of Proceedings held on February 6, 2015, before Judge Levy. Court Transcriber: Transcriptions Plus II, Inc.. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/4/2015. Redacted Transcript Deadline set for 3/16/2015. Release of Transcript Restriction set for 5/12/2015. (Rocco, Christine)
February 6, 2015 Opinion or Order Filing 75 Joint MOTION for Extension of Time to Complete Discovery by Kimberly-Clark Corporation. (Joyce, Eamon)
February 6, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Motion to quash denied. Motion to modify discovery order granted.Motion Hearing held on 2/6/2015 re #68 Letter MOTION to Quash plaintiff's subpoenas served on January 6, 2015 filed by Kimberly-Clark Corporation, #75 Joint MOTION for Extension of Time to Complete Discovery filed by Kimberly-Clark Corporation (Tape #3:13-3:53.) (Levy, Robert)
February 3, 2015 Opinion or Order ORDER: A telephone conference is scheduled for February 6, 2015 at 3:00 p.m., before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 2/3/2015. (Marino, Janine)
January 29, 2015 Opinion or Order Filing 74 Letter by D. Joseph Kurtz (Reich, Mark)
January 29, 2015 Opinion or Order Filing 73 TRANSCRIPT of Proceedings held on 1/21/15, before Judge Levy. Court Reporter/Transcriber TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/19/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/29/2015. (Hong, Loan)
January 29, 2015 Opinion or Order Filing 72 TRANSCRIPT of Proceedings held on 1/12/15, before Judge Levy. Court Reporter/Transcriber TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/19/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/29/2015. (Hong, Loan)
January 28, 2015 Opinion or Order Filing 71 Letter regarding Kimberly-Clark's motion to quash [D.E. 68] by Kimberly-Clark Corporation (Joyce, Eamon)
January 21, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mark Reich, Eamon Joyce, James Bergin. Counsel will meet with nonparty subjects of the subpoena and counsel in the Belfiore case to find a coordinated and efficient means of narrowing the subpoenas, as discussed at this conference. Counsel will advise the court of the results of their discussions. Pending resolution of the motion to quash, there is no stay in place. Motion Hearing held on 1/21/2015 re #68 Letter MOTION to Quash plaintiff's subpoenas served on January 6, 2015 filed by Kimberly-Clark Corporation (Tape #3:33-5:07.) (Levy, Robert)
January 17, 2015 Opinion or Order Filing 70 RESPONSE in Opposition re #68 Letter MOTION to Quash plaintiff's subpoenas served on January 6, 2015 filed by D. Joseph Kurtz. (Reich, Mark)
January 16, 2015 Opinion or Order Filing 69 ORDER REFERRING #68 Letter MOTION to Quash plaintiff's subpoenas served on January 6, 2015, filed by Kimberly-Clark Corporation, to magistrate judge for decision. Ordered by Judge Jack B. Weinstein on 1/15/2015. (Barrett, C)
January 14, 2015 Opinion or Order Filing 68 Letter MOTION to Quash plaintiff's subpoenas served on January 6, 2015 by Kimberly-Clark Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Joyce, Eamon)
January 12, 2015 Opinion or Order Filing 67 Letter by D. Joseph Kurtz (Reich, Mark)
January 12, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mark Reich, Eamon Joyce, James Bergin. (1) For the reasons explained on the record, the deadline for the completion of depositions is extended to 2/6/15. (2) Briefing schedule: motions 2/27/15, opposition 3/27/15, replies 4/15/15. (3) Plaintiff's request to add additional class representatives is withdrawn with leave to renew after the class certification motion is decided.Discovery Hearing held on 1/12/2015 (Tape #3:41-4:28.) (Levy, Robert)
January 9, 2015 Opinion or Order Filing 66 STATUS REPORT Joint Discovery Status Report filed by all parties by Costco Wholesale Corporation, Kimberly-Clark Corporation (Joyce, Eamon)
January 9, 2015 Opinion or Order ORDER: The conference scheduled for January 21, 2015 at 3:00 p.m., before the Hon. Robert M. Levy, USMJ has been moved to 2:30 p.m. on the same date. Ordered by Magistrate Judge Robert M. Levy on 1/9/2015. (Marino, Janine)
January 8, 2015 Opinion or Order Filing 65 Letter in Response to Correspondence Regarding Extension of Discovery and Briefing Schedule by Costco Wholesale Corporation (Bergin, James)
January 8, 2015 Opinion or Order Filing 64 Letter in response to Plaintiff's Letter of January 5, 2014 (D.E. 63) by Kimberly-Clark Corporation (Joyce, Eamon)
January 6, 2015 Opinion or Order Filing 63 Letter by D. Joseph Kurtz (Reich, Mark)
January 6, 2015 Opinion or Order Filing 62 Letter submitted in Belfiore v. Proctor & Gamble Co., No. 14-cv-4090, requesting extension of discovery schedule by D. Joseph Kurtz (Masson, Sean)
December 17, 2014 Opinion or Order Filing 61 AMENDED ANSWER to #1 Complaint, by Kimberly-Clark Corporation. (Joyce, Eamon)
December 17, 2014 Opinion or Order Filing 60 Letter to Judge Weinstein and Magistrate Judge Levy from Eamon P. Joyce regarding the Amended Answer and Separate or Affirmative Defenses to Class Action Complaint by Kimberly-Clark Corporation (Joyce, Eamon)
December 15, 2014 Opinion or Order Filing 59 ANSWER to #1 Complaint, by Kimberly-Clark Corporation. (Joyce, Eamon)
December 15, 2014 Opinion or Order Filing 58 ANSWER to #1 Complaint, by Costco Wholesale Corporation. (Bergin, James)
December 12, 2014 Opinion or Order Filing 57 SCHEDULING ORDER. Because discovery has proceeded more slowly than was envisaged by the court, this Order supersedes the #55 Scheduling Order entered by this court on December 8, 2014. Motions to grant or deny class certification will be served on January 30, 2015, oppositions will be served by February 27, 2015, and replies by March 13, 2015. Argument on the motions, previously scheduled for February 19, 2015, will be heard on April 1, 2015 at 10 a.m. in Courtroom 10B South. The named plaintiff, and a representative or representatives from each defendant, shall be present in person or by telephone. The representative shall be familiar with the manufacture, design and marketing of the products in question. At least one week prior to the hearing, counsel for defendants shall contact Courtroom Deputy June Lowe to arrange for appearance by telephone. Ordered by Judge Jack B. Weinstein on 12/12/2014. (Barrett, C)
December 12, 2014 Opinion or Order Reset Deadlines as to motions to grant or deny class certification. Motion Hearing reset for 4/1/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Barrett, C)
December 11, 2014 Opinion or Order Filing 56 Letter Dated December 11, 2014 Regarding Scheduling Order by Costco Wholesale Corporation (Bergin, James)
December 11, 2014 Opinion or Order Filing 55 SCHEDULING ORDER Setting Hearing on Motions re Class Certification. Defendants' motions to deny class certification and any reply by plaintiff shall be filed by January 16, 2015 at 5 p.m. The motions will be heard on February 19, 2015 at 10 a.m. in Courtroom lOB South. The named plaintiff, and representatives from the defendants, shall be present in person or by telephone. If the magistrate judge approves the addition to named plaintiffs, those plaintiffs shall also be present in person or by telephone. The defendant representatives shall be familiar with the manufacture, design and marketing of the products in question. At least one week prior to the hearing, counsel for defendants shall contact Courtroom Deputy June Lowe to arrange for appearance by telephone as stated herein. (Motion Hearing set for 2/19/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 12/8/2014. (Barrett, C)
December 4, 2014 Opinion or Order Filing 54 ORDER REFERRING to Magistrate Judge #52 Letter requesting permission to designate additional prospective class representatives, by D. Joseph Kurtz, for decision as part of the discovery process. Only two persons mentioned in plaintiff's letter of November 25, 2014, if any, may be added. Ordered by Judge Jack B. Weinstein on 12/4/2014. (Barrett, C)
December 2, 2014 Opinion or Order Filing 53 Letter in response to Plaintiff's November 25, 2014 letter (D.E. 52) requesting permission to designate additional prospective class representatives by Costco Wholesale Corporation, Kimberly-Clark Corporation (Joyce, Eamon)
November 25, 2014 Opinion or Order Filing 52 Letter to Judge Weinstein and Magistrate Judge Levy to request permission to designate additional prospective class representatives by D. Joseph Kurtz (Reich, Mark)
November 20, 2014 Opinion or Order Filing 51 TRANSCRIPT of Proceedings held on November 14, 2014, before Judge Levy. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/18/2015. (Rocco, Christine)
November 20, 2014 Opinion or Order Filing 50 NOTICE of Appearance by Samuel H. Rudman on behalf of D. Joseph Kurtz (aty to be noticed) (Rudman, Samuel)
November 18, 2014 Opinion or Order Filing 49 ORDER denying #18 Motion to Dismiss for Failure to State a Claim; denying #20 Motion to Dismiss for Failure to State a Claim. An opinion will follow. The case is respectfully referred to the magistrate judge to expedite limited discovery. Discovery with respect to class action certification shall proceed promptly. Defendants shall make returnable, within 60 days, motions to deny class action certification. Ordered by Judge Jack B. Weinstein on 11/17/2014. (Barrett, C)
November 14, 2014 Opinion or Order Filing 48 NOTICE of Appearance by Edward Y. Kroub on behalf of D. Joseph Kurtz (aty to be noticed) (Kroub, Edward)
November 14, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Scheduling conference with counsel on Kurtz and Belfiore cases. Expedited discovery and briefing schedules established. Initial disclosures and service of interrogatories and document requests to be served by 11/24/14; rolling document production, to be completed by 12/22/14, with notice to counsel by 12/4/14 of documents that may take longer to produce, with precise explanation of reasons for delay; interrogatory responses by 12/8/14; depositions to commence 12/9/14, target completion date 12/19/14; defendants' answers to be filed by 12/14/14; inspections to be completed by 12/23/14; expert disclosures (without expert reports) to be served by 1/16/15; service of expert reports by 1/23/15; motions to certify class or deny class certification to be served by 1/30/15; oppositions by 2/27/15; replies by 3/13/15. Joint status report 1/9/15; next conference (if needed) 1/21/15 at 3:00.Status Conference held on 11/14/2014 (Tape #11:59-1:15.) (Levy, Robert)
November 13, 2014 Opinion or Order Filing 47 ORDER re Letter (46 in 1:14-cv-01142-JBW-RML) (30 in 2:14-cv-04090- JBW-RML), filed by Costco Wholesale Corporation, advising the court that counsel in the above captioned cases might seek protective measures at the hearing scheduled for Friday, November 14, 2014. At the hearing, the court will hear all parties on this issue. Ordered by Judge Jack B. Weinstein on 11/12/2014. (Barrett, C)
November 12, 2014 Opinion or Order Filing 46 Letter to the Honorable Jack B. Weinstein regarding joint hearing on November 14, 2014 by Costco Wholesale Corporation (Bergin, James)
October 31, 2014 Opinion or Order Filing 45 ORDER re #18 , #20 Motions to Dismiss for Failure to State a Claim. At the hearing on the pending motions to dismiss in the above captioned cases, now scheduled for Friday, November 14, 2014 at 10:30 a.m., the parties shall be prepared to discuss staying the class allegations and proceeding with individual bellwether trials for plaintiff Kurtz and plaintiff Belfiore. The question of the court's jurisdiction to hold individual bellwether trials should be considered, as should the effect of issue preclusion, in particular whether, if defendants lose on one or more claims, other plaintiffs in separate proceedings could invoke this court's findings. Ordered by Judge Jack B. Weinstein on 10/29/2014. (Barrett, C)
October 29, 2014 Opinion or Order ORDER: The conference scheduled for November 7, 2014 before the Hon. Robert M. Levy, USMJ has been adjourned to November 14, 2014 at 10:30 a.m. Ordered by Magistrate Judge Robert M. Levy on 10/29/2014. (Marino, Janine)
October 29, 2014 Opinion or Order NOTICE of Hearing on Motion #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim :As agreed by all parties, the Motion Hearing is set for 11/14/2014 at 10:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June)
October 27, 2014 Opinion or Order Filing 44 NOTICE of Appearance by Sean Thomas Masson on behalf of D. Joseph Kurtz (aty to be noticed) (Masson, Sean)
October 27, 2014 Opinion or Order Filing 43 ORDER granting #42 Motion to Adjourn Conference and Adjourning Deadline re #18 and #20 Motions to Dismiss for Failure to State a Claim. At the request of plaintiff in 14-CV-1142, the hearing on pending motions to dismiss scheduled for October 29, 2014 is adjourned. It will commence on one of the following dates: November 12 at 2:15 p.m.; November 14 at 10:30 a.m.; or November 24 at 2:00 p.m. The parties shall agree among themselves as to the date most appropriate and promptly inform June Lowe, case coordinator, at (718) 613-2520. The court expects to discuss potential relationships and the similarity of issues, if any, between the cases. Named plaintiffs and representatives from the defendants who are familiar with the design, manufacture, marketing, distribution, and sale of the products in question shall appear in person. If defendant representatives do not reside in the Tri-State Area, they may arrange to appear via telephone. Where any order of this court includes case captions for more than one case, any motion in response to the order shall be docketed on all the dockets included in the order's caption. Ordered by Judge Jack B. Weinstein on 10/23/2014. (Barrett, C)
October 20, 2014 Opinion or Order Filing 42 Letter MOTION to Adjourn Conference scheduled for October 29, 2014 by D. Joseph Kurtz. (Reich, Mark)
October 10, 2014 Opinion or Order Filing 41 ORDER Setting Hearing on (18 in 1:14-cv-01142-JBW-RML) Motion to Dismiss for Failure to State a Claim , (20 in 1:14-cv-01142-JBW-RML) Motion to Dismiss for Failure to State a Claim , (17 in 2:14-cv-04090-JBW-RML) Motion to Dismiss for Failure to State a Claim , Strike Plaintiff's Class Action Allegations, and Dismiss Plaintiff's Claim for Injunctive Relief for Lack of Standing: Motion Hearing set for 10/29/2014 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein. Regarding 14-cv-4090, the named plaintiff and a representative from the defendant shall appear in person. Regarding 14-cv-1142, the named plaintiff and representatives of defendant Kimberly-Clark Corporation and defendant Costco Wholesale Corporation shall appear in person. In neither case has plaintiff named municipalities as defendants. Neither case will proceed based on alleged municipal injury. Ordered by Judge Jack B. Weinstein on 10/10/2014. (Barrett, C)
October 6, 2014 Opinion or Order ORDER granting #40 Motion to Adjourn Conference. The conference scheduled for October 17, 2014 is adjourned to November 7, 2014 at 12:00 p.m.. Ordered by Magistrate Judge Robert M. Levy on 10/6/2014. (Marino, Janine)
October 3, 2014 Opinion or Order Filing 40 Letter MOTION to Adjourn Conference scheduled for October 17, 2014 to November 7, 2014 by D. Joseph Kurtz. (Reich, Mark)
September 12, 2014 Opinion or Order Filing 39 Letter dated 9/11/2014 from Judge Jack B. Weinstein to Judges Phyllis Hamilton, Donald C. Nugent, and Leonard D. Wexler, informing that there appears to be overlapping issues with Kurtz v. Kimberly-Clark Corp., et al., 14-cv-01142, and cases before them and discussing possible complications in individual adjudications. (Barrett, C)
September 10, 2014 Opinion or Order Filing 38 NOTICE of Appearance by Lauren Elizabeth Karalis on behalf of D. Joseph Kurtz (aty to be noticed) (Karalis, Lauren)
August 20, 2014 Opinion or Order ORDER granting #36 Motion for Protective Order. Ordered by Magistrate Judge Robert M. Levy on 8/20/2014. (Levy, Robert)
August 18, 2014 Opinion or Order Filing 37 Minute Entry for proceedings held before Judge Jack B. Weinstein: Motion Hearing held on 8/18/2014 re #18 Motion to Dismiss for Failure to State a Claim filed by Kimberly-Clark Corporation, #20 Motion to Dismiss for Failure to State a Claim filed by Costco Wholesale Corporation. Counsel for all sides present. Motion[s] argued. Decision reserved. (Court Reporter N. Canales.) (Barrett, C)
August 15, 2014 Opinion or Order Filing 36 Joint MOTION for Protective Order by Costco Wholesale Corporation. (Attachments: #1 Proposed Order Stipulated Protective Order Regarding Confidentiality of Discovery Materials) (Bergin, James)
August 1, 2014 Opinion or Order Filing 35 REPLY in Support re #20 Motion to Dismiss for Failure to State a Claim filed by Costco Wholesale Corporation. (Bergin, James)
August 1, 2014 Opinion or Order Filing 34 REPLY in Support re #18 Motion to Dismiss for Failure to State a Claim filed by Kimberly-Clark Corporation. (Joyce, Eamon)
July 18, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Mark Reich, Sean Masson; James Bergin, Kayvan Sadeghi (Costco); Eamon Joyce, Kimberly-Clark). While awaiting argument and decision of the motions to dismiss, the following discovery will proceed: (1) Counsel shall submit a proposed protective order by 8/15/14. (2) On or before 9/18/14, defendants shall provide discovery relating to (a) corporate structure, (b) substantiation of labeling, i.e. top-line testing, and (c) industry standards (what they are, who established them and when). (3) On or before 9/18/14, plaintiff shall produce personal evidence, as discussed at this conference, relating to his two residences. (4) Counsel shall submit a proposed scheduling order within 7 days of Judge Weinstein's decisions on the motions to dismiss. (5) Next conference 10/17/14 at 10:30 (in person)(status). Initial Conference Hearing held on 7/18/2014 (Levy, Robert)
July 17, 2014 Opinion or Order Filing 33 Letter on Consent of All Parties by Costco Wholesale Corporation (Attachments: #1 Exhibit Initial Conference Questionnaire) (Bergin, James)
July 1, 2014 Opinion or Order Filing 32 AFFIDAVIT/DECLARATION in Opposition re #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim D. Joseph Kurtz filed by D. Joseph Kurtz. (Reich, Mark)
July 1, 2014 Opinion or Order Filing 31 AFFIDAVIT/DECLARATION in Opposition re #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim filed by D. Joseph Kurtz. (Attachments: #1 Exhibit) (Reich, Mark)
July 1, 2014 Opinion or Order Filing 30 MEMORANDUM in Opposition re #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim filed by D. Joseph Kurtz. (Reich, Mark)
June 20, 2014 Opinion or Order Filing 29 Letter in Response to Plaintiff's Letter dated June 18, 2014 by Costco Wholesale Corporation, Kimberly-Clark Corporation (Joyce, Eamon)
June 20, 2014 Opinion or Order ORDER granting in part and denying in part #27 Motion to Adjourn 6/26/14 Initial Conference. The conference is adjourned to 7/18/14 at 2:00. Defendants' counsel should be prepared at the conference to address plaintiff's arguments in paragraph 1, page 2 of plaintiff's opposition. Ordered by Magistrate Judge Robert M. Levy on 6/20/2014. (Levy, Robert)
June 18, 2014 Opinion or Order Filing 28 Letter in response to Defendants' 6/17/14 letter by D. Joseph Kurtz (Reich, Mark)
June 17, 2014 Opinion or Order Filing 27 Letter MOTION to Adjourn Conference by Costco Wholesale Corporation, Kimberly-Clark Corporation. (Joyce, Eamon)
June 12, 2014 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Response/Reply re #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim . July 1: Due date for Plaintiff to oppose Defendants' motions to dismiss; August 1: Due date for Defendants to file their reply briefs; ORDER Setting Hearing on #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim : Motion Hearing set for 8/18/2014 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. Ordered by Judge Jack B. Weinstein on 6/10/2014. (Barrett, C)
June 6, 2014 Opinion or Order Filing 25 Joint MOTION for Extension of Time to File Response/Reply as to Notice of Hearing on Motion, Order on Motion for Extension of Time to Answer ; Letter to Judge Weinstein requesting that the Court approve a revised briefing schedule and set a new date for oral argument on defendants' motions to dismiss by Costco Wholesale Corporation. (Bergin, James)
May 22, 2014 Opinion or Order NOTICE of Hearing on Motion #18 Motion to Dismiss for Failure to State a Claim , #20 Motion to Dismiss for Failure to State a Claim :Motion Hearing set for 7/31/2014 at 11:30 AM in Courtroom 10B South before Judge Jack B. Weinstein. (Lowe, June)
May 15, 2014 Opinion or Order Filing 24 NOTICE of Change of Address by Kayvan Betteridge Sadeghi (Sadeghi, Kayvan)
May 13, 2014 Opinion or Order Filing 23 NOTICE of Change of Address by Adam James Hunt (Hunt, Adam)
May 13, 2014 Opinion or Order Filing 22 NOTICE of Change of Address by James M. Bergin (Bergin, James)
May 5, 2014 Opinion or Order Filing 21 MEMORANDUM in Support re #20 Motion to Dismiss for Failure to State a Claim filed by Costco Wholesale Corporation. (Bergin, James)
May 5, 2014 Opinion or Order Filing 20 Motion to Dismiss for Failure to State a Claim by Costco Wholesale Corporation. (Bergin, James)
May 5, 2014 Opinion or Order Filing 19 MEMORANDUM in Support re #18 Motion to Dismiss for Failure to State a Claim filed by Kimberly-Clark Corporation. (Joyce, Eamon)
May 5, 2014 Opinion or Order Filing 18 Motion to Dismiss for Failure to State a Claim by Kimberly-Clark Corporation. (Joyce, Eamon)
April 11, 2014 Opinion or Order Filing 17 COURT ORDER ON CASE FILING. Magistrate Judge Levy is directed to treat this case under Local Rule 72.2. The case manager is to set a conference before the undersigned 45 days from today's date. Ordered by Judge Jack B. Weinstein on 4/9/2014. (Barrett, C)
April 10, 2014 Opinion or Order ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 4/10/2014. (Marino, Janine)
April 10, 2014 Opinion or Order ORDER granting #16 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 4/10/2014. (Marino, Janine)
April 10, 2014 Opinion or Order ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 4/10/2014. (Marino, Janine)
April 8, 2014 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6846200. by Kimberly-Clark Corporation. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Proposed Order For Admission Pro Hac Vice) (Spira, Daniel)
April 8, 2014 Opinion or Order Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6846138. by Kimberly-Clark Corporation. (Attachments: #1 Exhibit - Certificates of Good Standing, #2 Proposed Order For Admission Pro Hac Vice) (Mizgala, James)
April 7, 2014 Opinion or Order Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6842833. by Kimberly-Clark Corporation. (Attachments: #1 Exhibit - Certificates of Good Standing, #2 Proposed Order For Admission Pro Hac Vice) (McCall, Kara)
April 7, 2014 Opinion or Order Filing 13 ORDER: An initial conference has been scheduled for June 26, 2014 at 10:00 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff's counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 4/7/2014. (Marino, Janine)
March 24, 2014 Opinion or Order Filing 12 Corporate Disclosure Statement by Costco Wholesale Corporation (Bergin, James)
March 24, 2014 Opinion or Order Filing 11 Corporate Disclosure Statement by Kimberly-Clark Corporation (Joyce, Eamon)
March 21, 2014 Opinion or Order ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 3/21/2014. (Marino, Janine)
March 21, 2014 Opinion or Order ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 3/21/2014. (Marino, Janine)
March 21, 2014 Opinion or Order ORDER granting #8 Motion for Extension of Time to Answer as to All Defendants.. Ordered by Magistrate Judge Robert M. Levy on 3/21/2014. (Marino, Janine)
March 19, 2014 Opinion or Order Filing 10 Notice of MOTION for Leave to Appear Pro Hac Vice Mark J. Dearman Filing fee $ 25, receipt number 0207-6803369. by D. Joseph Kurtz. (Attachments: #1 Affidavit of Mark J. Dearman in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Admission to Practice Pro Hac Vice) (Dearman, Mark)
March 19, 2014 Opinion or Order Filing 9 Notice of MOTION for Leave to Appear Pro Hac Vice of Stuart A. Davidson Filing fee $ 25, receipt number 0207-6802713. by D. Joseph Kurtz. (Attachments: #1 Affidavit in Support of Stuart A. Davidson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order) (Davidson, Stuart)
March 18, 2014 Opinion or Order Filing 8 Joint MOTION for Extension of Time to File Answer re #1 Complaint, - Stipulation and [Proposed] Order Extending Time to Respond to the Complaint by Costco Wholesale Corporation. (Sadeghi, Kayvan)
March 18, 2014 Opinion or Order Filing 7 NOTICE of Appearance by Kayvan Betteridge Sadeghi on behalf of Costco Wholesale Corporation (aty to be noticed) (Sadeghi, Kayvan)
March 18, 2014 Opinion or Order Filing 6 NOTICE of Appearance by Adam James Hunt on behalf of Costco Wholesale Corporation (aty to be noticed) (Hunt, Adam)
March 18, 2014 Opinion or Order Filing 5 NOTICE of Appearance by James M. Bergin on behalf of Costco Wholesale Corporation (aty to be noticed) (Bergin, James)
March 14, 2014 Opinion or Order Filing 4 NOTICE of Appearance by Eamon Paul Joyce on behalf of Kimberly-Clark Corporation (aty to be noticed) (Joyce, Eamon)
February 24, 2014 Opinion or Order Filing 3 Summons Issued as to Costco Wholesale Corporation, Kimberly-Clark Corporation. (Attachments: #1 Kimberly Clarke) (Marziliano, August)
February 24, 2014 Opinion or Order Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Marziliano, August)
February 24, 2014 Opinion or Order Case Assigned to Judge Jack B. Weinstein and Magistrate Judge Robert M. Levy. (Marziliano, August)
February 24, 2014 Opinion or Order This attorney case opening filing has been checked for quality control. The following corrections were made: It appears that the Cause of Action noted on the Civil Cover Sheet was not the same as what the attorney added in Case Opening. Since this is not brought by Diversity which was noted on the Civil Cover Sheet, the Cause of Action was left as added by the Attorney. (Marziliano, August)
February 21, 2014 Opinion or Order Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-6747462 Disclosure Statement on Civil Cover Sheet completed -YES,, filed by D. Joseph Kurtz. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Reich, Mark) (Attachment 1 replaced on 2/24/2014) (Lee, Tiffeny).

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Search for this case: Kurtz v. Kimberly-Clark Corporation et al
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Plaintiff: D. Joseph Kurtz
Represented By: Stuart A. Davidson
Represented By: Mark J. Dearman
Represented By: Lauren Elizabeth Karalis
Represented By: Edward Y. Kroub
Represented By: Sean Thomas Masson
Represented By: Mark S. Reich
Represented By: Samuel H. Rudman
Represented By: Francis P. Karam
Represented By: Theodore Joseph Pintar
Represented By: Vincent Michael Serra
Represented By: William A. Massa
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Plaintiff: Kurtz
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Defendant: Costco Wholesale Corporation
Represented By: James M. Bergin
Represented By: Adam James Hunt
Represented By: Eamon Paul Joyce
Represented By: Kayvan Betteridge Sadeghi
Represented By: Courtney Elizabeth Scott
Represented By: David F. McDowell
Represented By: Brian R Matsui
Represented By: Chelsea M. Croy Smith
Represented By: Jennifer L. Mesko
Represented By: Jocelyn E. Greer
Represented By: John Q. Lewis
Represented By: Karl A. Bekeny
Represented By: Michael Ruttinger
Represented By: Nathan Nasrallah
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Defendant: Kimberly-Clark Corporation
Represented By: Eamon Paul Joyce
Represented By: Kara L. McCall
Represented By: James W. Mizgala
Represented By: Daniel A. Spira
Represented By: Alexander B Porter
Represented By: Brianna Olivia Gallo
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Interested party: Anthony Belfiore
Represented By: Chet Barry Waldman
Represented By: Lester L. Levy
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Interested party: The Procter & Gamble Company
Represented By: Harold P. Weinberger
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Interested party: Nice-Pak Products, Inc.
Represented By: James M. Bergin
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Interested party: CVS Pharmacy, Inc.
Represented By: James M. Bergin
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Interested party: Eugene and Victoria Richard
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Interested party: Wal-Mart Stores,Inc.
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Not classified by court: Theodore H. Frank
Represented By: Anna St. John
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