Hasemann et al v. Gerber Products Co.
| Jennifer Hasemann, Debbie Hoth and Wendy Manemeit |
| Gerber Products Co. and Gerber Products Co. doing business as Nestle Nutrition doing business as Nestle Infant Nutrition doing business as Nestle Nutrition North America |
| CVS Pharmacy, Inc. |
| 1:2015cv02995 |
| May 21, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K Brodie |
| Ramon E Reyes |
| Tort Product Liability |
| 31 U.S.C. § 3731 Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 153
ORDER granting (152) Motion to AMEND CONSOLIDATED CASE SCHEDULING ORDER in case 1:15-cv-02995-MKB-RER; granting (64) Motion to Amend/Correct/Supplement in case 1:16-cv-01153-MKB-RER; granting (58) Motion to Amend/Correct/Supplement in case 2:17-cv-00093-MKB-RER in case 1:15-cv-02995-MKB-RER in case 1:16-cv-01153-MKB-RER in case 2:17-cv-00093-MKB-RER. (See attached for details). So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/1/2019. (Vertus, Miriam)
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Filing 152
Joint MOTION to Amend/Correct/Supplement #140 Order on Motion for Leave to File, and Joint Mediation Status Report by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Conference held on 10/22/2019. Appearances: Brett Cebulash, Esq., Miles Greaves, Esq., Carlos Ramirez, Esq., and Michael Reese, Esq., for Plaintiffs; David Zalman, Esq., and Jaclyn Metzinger, Esq., for Defendant. Discussions held. Revised Case Management Schedule due by 11/1/2019. (FTR Log #3:01:46:3:08:00 (208N)) (Townsend, McCahey)
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Filing 151
NOTICE of Appearance by Juan L Garcia on behalf of CVS Pharmacy, Inc. (aty to be noticed) (Garcia, Juan)
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Filing 150
NOTICE by CVS Pharmacy, Inc. Response to Motion to Compel in Gerber Litigation (Garcia, Juan)
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Filing 149
Notice of Related Case (Davis, Kimberly)
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Filing 148
REPLY in Support re #145 Notice(Other) of Plaintiff's motion for supplemental class notice filed by Jennifer Hasemann. (Attachments: #1 Declaration of Shoshana Savett in further support of Plaintiffs' motion for supplemental class notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Greaves, Miles)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Conference held on 9/24/2019. Appearances: Brett Cebulash, Esq., and Michael Reese, Esq., for Plaintiffs; Geoffrey Castello, Esq. for Defendant. Discussions held regarding mediation. Telephone Conference set for 10/22/2019 at 03:00 PM before Magistrate Judge Ramon E. Reyes Jr. The parties are directed to use the Toll free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. (Townsend, McCahey)
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Filing 147
Letter addressed to Hon. Ramon E. Reyes, Jr. from Geoffrey W. Castello pursuant to Your Honor's direction of 7/22/2019 by Gerber Products Co. (Castello, Geoffrey)
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Telephone Conference set for 9/24/2019 at 02:00 PM before Magistrate Judge Ramon E. Reyes Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference. (Townsend, McCahey)
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Filing 146
MEMORANDUM in Opposition re #145 Notice(Other) . DEFENDANT GERBER PRODUCTS COMPANYS MEMORANDUM OF LAW IN OPPOSITION TO CLASS REPRESENTATIVES MOTION FOR AN ORDER THAT PROVIDES SUPPLEMENTAL NOTICE filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 145
NOTICE by Jennifer Hasemann, Wendy Manemeit of Motion For an Order That Provides Supplemental Notice (Attachments: #1 Memorandum in Support, #2 Affidavit in Support) (Ramirez, Carlos)
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Filing 144
NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Granade, George)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 7/22/2019. Appearances: Brett Cebulash, Esq., Miles Greaves, Esq., Carlos F. Ramirez, Esq., and Michael Reese, Esq., for Plaintiffs; Geoffrey Castello III, Esq., and Jaclyn Metzinger, Esq., for Defendant. Discussions held. Parties have agreed to private mediation and request 90 day stay of party discovery. Status Report due 14 days from date of mediation. (FTR Log #2:02:45-2:10:10.) (Several, Emily)
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ORDER STAYING PARTY DISCOVERY: In light of anticipated private mediation, party discovery is stayed until 10/21/2019. Non-party discovery is not stayed. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 7/22/2019. (Several, Emily)
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Set/Reset Hearings: Due to a conflict in the Court's calendar the 7/23/2019 Telephone Conference is rescheduled for July 22, 2019 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. (Vertus, Miriam)
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ORDER granting #143 Motion to Appoint Expert. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/27/2019. (Vertus, Miriam)
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Filing 143
MOTION to Appoint Expert Class Representatives' Unopposed Motion for an Order That: (1) Appoints Angeion Group, LLC, as the Notice Provider and (2) Approves of the Notice Program by Jennifer Hasemann. (Attachments: #1 Memorandum in Support of Unopposed Motion for: (1) Appointment of Angeion Group, LLC, as the Notice Provider and (2) Approval of the Proposed Notice Program, #2 Exhibit 1 - Long-form notice, #3 Exhibit 2 - Short-form notice, #4 Exhibit 3 - Sample banner ad, #5 Declaration of Steven Weisbrot of Angeion Group, LLC) (Reese, Michael)
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Filing 142
ORDER granting #141 Motion for Extension of Time to File PLAINTIFFS' CLASS NOTICE. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/17/2019. (Vertus, Miriam)
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Filing 141
Joint MOTION for Extension of Time to File Class Notice by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 5/2/2019. Appearances: Kevin S. Landau, Esq., Miles Greaves, Esq., and Shoshana Savett, Esq., for Plaintiffs; David I. Zalman, Esq., Geoffrey White Castello, III, Esq., and Jaclyn Marie Metzinger, Esq., for Defendant. Discussions held. Proposed class notice due June 14, 2019. If the parties are not able to agree upon the text of the notice, Plaintiffs shall submit their proposed notice and a letter in support thereof by the June 14 deadline, and Defendant shall simultaneously submit a letter lodging its objections. Telephone Conference set for 7/23/2019 02:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 5/2/2019. (FTR Log #2:29:43-2:42:15 (208N).) (Galpert, Aviva)
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ORDER re April 2, 2019 Report and Recommendation, and #133 Letter Motion to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene. On April 1, 2019, the Court referred Defendant Gerber Product Co.'s Letter Motion to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene to Magistrate Judge Ramon E. Reyes, Jr. for a report and recommendation. On April 2, 2019, Judge Reyes issued a Report and Recommendation, recommending that the Court dismiss Greene's claims with prejudice for failure to prosecute, and ordering any objections to be filed on or before April 16, 2019 (the "R&R"). A district court may adopt those portions of the recommended ruling to which no timely objections have been made, provided no clear error is apparent from the face of the record. See John Hancock Life Ins. Co. v. Neuman, No. 15-CV-1358, 2015 WL 7459920, at *1 (E.D.N.Y. Nov. 24, 2015). No party has filed objections to the R&R, and the motion to dismiss is unopposed. Having reviewed the R&R for clear error, the Court adopts the recommendation pursuant to 28 U.S.C. 636(b)(1), grants Defendant's #133 motion, and dismisses Greenes claims in Jeremy Greene and Cetaria Wilkerson v. Gerber Products Co., No. 16-CV-1153. The Clerk of Court is directed to remove Jeremy Greene from the docket. Ordered by Judge Margo K. Brodie on 4/26/2019. (Brucella, Michelle)
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Filing 140
ORDER granting #139 Motion for Leave to File Amended Case Scheduling Order. AMENDED CONSOLIDATED CASE SCHEDULING ORDER. (see attach order for details). So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/15/2019. (Vertus, Miriam) Modified on 4/16/2019 (Vertus, Miriam).
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Filing 139
Joint MOTION for Leave to File Document Joint MOTION for an Amended Case Scheduling Order by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
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Filing 138
CERTIFICATE OF SERVICE by Gerber Products Co. re REPORT AND RECOMMENDATIONS re (1 in 1:16-cv-01153-MKB-RER) Complaint, filed by Cetaria Wilkerson, Jeremy Greene, (133 in 1:15-cv-02995-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed (Metzinger, Jaclyn)
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SCHEDULING ORDER: Telephone Conference set for 5/2/2019 02:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/2/2019. (Galpert, Aviva)
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REPORT AND RECOMMENDATIONS re (1 in 1:16-cv-01153-MKB-RER) Complaint, filed by Cetaria Wilkerson, Jeremy Greene; (133 in 1:15-cv-02995-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co.; (57 in 1:16-cv-01153-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co.; (48 in 2:17-cv-00093-MKB-RER) Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co. On 11/8/2018, I granted the motion to withdraw as counsel for Jeremy Greene, which was filed as Docket Number 46 in 16-CV-1153. (Order dated 11/8/2018 in 16-CV-1153). (All citations to the docket are to the docket in 16-CV-1153 unless otherwise indicated.) That motion detailed counsel's ongoing efforts to contact Mr. Greene by telephone, email, and post. These efforts, which began "in early 2018," yielded no response, although the United States Postal Service confirmed that Mr. Greene had received at least some of counsel's communications. (Dkt. No. 46). Before granting the motion, I gave Mr. Greene a final opportunity to cooperate, putting him on notice that failure to appear at a scheduled telephone conference might result in my recommending that Your Honor dismiss his claims for failure to prosecute. (Order dated 9/17/2018). Mr. Greene failed to appear. (Minute Entry dated 11/8/2018). His lawyers having been terminated, Mr. Greene was left to proceed in this case pro se. His failure to make any appearance in the case or to retain substitute counsel prompted Defendant Gerber Products Company ("Gerber") to file a motion to dismiss his claims with prejudice for failure to prosecute. (Dkt. No. 57). Your Honor referred this motion to me for a report and recommendation. (Order dated 4/1/2019 in 15-CV-2995). The motion, which is unopposed, reports that Mr. Greene has not cooperated in discovery since late 2017. The motion further notes that Mr. Greene is not a representative of the recently certified class, meaning that dismissal of his claims would not prejudice any other plaintiff. I agree with Gerber that on these facts, each of the factors enumerated in Lewis v. Rawson militates in favor of dismissal of Plaintiff Greene's claims. 564 F.3d 248, 254 (2d Cir. 2004); (Dkt. No. 57 at 3-4). Accordingly, I respectfully recommend that the Court dismiss Mr. Greene's claims, with prejudice, for failure to prosecute. Defendant is directed to serve a copy of this R & R on Plaintiff Greene by regular and certified mail and to file proof of service on CM/ECF by 4/3/2019. Objections to R & R due by 4/16/2019. Failure to file timely objections may result in waiver. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(e), 72; Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989). Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 4/2/2019. (Galpert, Aviva)
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Filing 136
MEMORANDUM in Opposition re #129 1 - Sealed Document CV, Objection to Report and Recommendations (Plaintiffs' (redacted) Response to Defendant's Objection to the Class-Certification Report and Recommendation) filed by Jennifer Hasemann, Wendy Manemeit. (Attachments: #1 Declaration of Miles Greaves, #2 Pls.' Ex. 111 (redacted), #3 Pls.' Ex. 112 (redacted), #4 Pls.' Ex. 113, #5 Pls.' Ex. 114) (Greaves, Miles)
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ORDER REFERRING MOTION: #133 Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene filed by Gerber Products Co. Motion referred to Magistrate Judge Ramon E. Reyes, Jr. Ordered by Judge Margo K. Brodie on 4/1/2019. (Brucella, Michelle)
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Filing 137
MEMORANDUM AND ORDER re #67 Motion to Certify Class and #126 Report and Recommendation. For the reasons set forth in the attached memorandum and order, the Court adopts the Report and Recommendation with modifications, grants certification of the Florida and New York Subclasses, appoints class representatives and class counsel for the Florida and New York Subclasses, and denies certification of the North Carolina and Multistate Subclasses. Ordered by Judge Margo K. Brodie on 3/31/2019. (Brucella, Michelle)
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Filing 135
MEMORANDUM in Opposition re #129 1 - Sealed Document CV, Objection to Report and Recommendations (Plaintiffs' Response to Defendant's Objection to the Class-Certification Report and Recommendation) filed by Jennifer Hasemann, Wendy Manemeit. (Attachments: #1 Declaration of Miles Greaves, #2 Pls.' Ex. 111, #3 Pls.' Ex. 112, #4 Pls.' Ex. 113, #5 Pls.' Ex. 114) (Greaves, Miles)
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Filing 134
Joint MOTION for Leave to Electronically File Document under Seal Joint Motion for Sealing Order Relating to Plaintiffs' Response to Defendant's Objections to the Report and Recommendation Regarding Class Certification by Jennifer Hasemann, Wendy Manemeit. (Attachments: #1 Plaintiffs' Response to Defendant's R&R Objections, #2 Greaves Declaration and Exhibits) (Greaves, Miles)
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ORDER granting #134 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Counsel is further directed to file a redacted version of the original document publicly as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Margo K. Brodie on 3/20/2019. (Borochoff-Porte, Alison)
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Filing 133
Letter MOTION to Dismiss for Lack of Prosecution re: all claims asserted by Jeremy Greene by Gerber Products Co.. (Attachments: #1 Certificate of Service) (Castello, Geoffrey)
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Filing 132
DECLARATION re #131 Objection to Report and Recommendations by Gerber Products Co. (Castello, Geoffrey)
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Filing 131
OBJECTION to #126 Report and Recommendations (redacted) filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 130
DECLARATION re #129 1 - Sealed Document CV, Objection to Report and Recommendations #126 by Gerber Products Co. (Castello, Geoffrey)
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Filing 129
OBJECTION to #126 Report and Recommendations Regarding Plaintiffs' Motion for Class Certification filed by Gerber Products Co.. (Castello, Geoffrey)
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ORDER granting #128 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 Judge Margo K. Brodie on 3/7/2019. (Morel, Christopher).
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Filing 128
Joint MOTION for Leave to Electronically File Document under Seal Joint Motion for Sealing Order Relating to Defendant's Objections to the Report and Recommendation Regarding Plaintiffs' Motion for Class Certification by Gerber Products Co.. (Attachments: #1 Exhibit 1: Declaration of Porfirio Garcia, #2 Exhibit 2: Defendant Gerber Products Company's Objections to the Report and Recommendation Regarding Plaintiffs' Motion for Class Certification) (Castello, Geoffrey)
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Filing 127
CERTIFICATE OF SERVICE by Jennifer Hasemann, Debbie Hoth, Wendy Manemeit re #126 REPORT AND RECOMMENDATIONS re (67 in 1:15-cv-02995-MKB-RER) MOTION to Certify Class filed by Jennifer Hasemann (Ramirez, Carlos)
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Filing 126
REPORT AND RECOMMENDATIONS re (67 in 1:15-cv-02995-MKB-RER) MOTION to Certify Class filed by Jennifer Hasemann. For the reasons set forth in the attached Report & Recommendation, I respectfully recommend that Your Honor certify the Florida and New York Sub-Classes and deny class certification for the other proposed Sub-Classes. Plaintiffs are directed to serve copies of this R&R on Defendant by regular and certified mail and promptly file proof of service with the Clerk of the Court. Objections to R&R due by 3/6/2019.Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 2/20/2019. (Galpert, Aviva)
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Filing 125
Consent MOTION to Amend/Correct/Supplement #114 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
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Filing 124
Letter dated 12/11/2018 addressed to Hon. Ramon Reyes from Geoffrey W. Castello correcting two expert discovery deadlines in Gerber's Unopposed Motion for an Amended Case Scheduling Order #123 by Gerber Products Co. (Castello, Geoffrey)
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ORDER granting #123 Motion to Amend/Correct/Supplement Case Scheduling Order. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/10/2018. (Vertus, Miriam)
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ORDER granting (125) Motion to Amended Scheduling Order in case 1:15-cv-02995-MKB-RER; granting (54) Motion to Amended Scheduling Order in case 1:16-cv-01153-MKB-RER; granting (45) Motion to Amended Scheduling Order in case 2:17-cv-00093-MKB-RER: CORRECTED Unopposed Motion for an Amended Case Scheduling Order: The parties agreed that affirmative expert reports will be due June 28, 2019 (instead of May 17, 2019 as listed in the Motion) and that rebuttal expert reports will be due August 23, 2019 (instead of July 19, 2019 as listed in the Motion). All other dates listed in the Motion, including the April 30, 2019 deadline for fact discovery and the October 8, 2019 deadline for expert discovery, accurately reflect the parties agreement So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/11/2018. (Vertus, Miriam) Modified on 12/11/2018 (Vertus, Miriam).
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Filing 123
Consent MOTION to Amend/Correct/Supplement #114 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
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Filing 122
Letter in response to Gerber's notice of supplemental authority (redacted) by Jennifer Hasemann (Greaves, Miles)
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Filing 121
Letter in response to Gerber's notice of supplemental authority by Jennifer Hasemann (Greaves, Miles)
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ORDER granting #120 Motion for Leave to Electronically File Document under Seal Plaintiffs' Response to Defendant's Notice of Supplemental Authority). 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 Ramon E. Reyes, Jr on 12/10/2018. (Vertus, Miriam)
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Filing 120
MOTION for Leave to Electronically File Document under Seal (Plaintiffs' Response to Defendant's Notice of Supplemental Authority) by Jennifer Hasemann. (Attachments: #1 Plaintiffs' Response to Defendant's Notice of Supplemental Authority) (Greaves, Miles)
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Filing 119
Letter in Support of Gerber's Opposition to Class Certification by Gerber Products Co. (Attachments: #1 Exhibit A: Gerber Products Company v. Zakaria Decision by the United States Court of Appeals for the Ninth Circuit) (Castello, Geoffrey)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Telephone Conference held on 11/8/2018. Appearances: Brett Cebulash, Esq., Miles Greaves, Esq., Carlos Ramirez, Esq. for Plaintiffs; David Zalman, Esq., Geoffrey Castello, III, Esq., Jaclyn Metzinger, Esq. for the Defendants. No appearance by Jeremy Greene. Discussions held. By 12/14/2018, Defendants must produce the documents outlined in the Court's 8/28/2018 order on the Plaintiffs' motion to compel ( #64 in case no. 15-cv-2995). (FTR Log #12:10:35-12:27:67.) (Strong, Ardis)
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Filing 118
RESPONSE to Discovery Request from Defendant by Jennifer Hasemann. (Greaves, Miles)
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Filing 117
ORDER denying #111 Motion to Compel. For the reasons set forth in the attached order, the Plaintiffs' motion to compel is denied. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/25/2018. (Strong, Ardis)
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MOTIONS REFERRED: #67 MOTION to Certify Class Motions referred to Ramon E. Reyes, Jr. (Piper, Francine)
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ORDER respectfully referring plaintiffs' #67 Motion to Certify Class to Judge Ramon E. Reyes, Jr. for a report and recommendation. Ordered by Judge Margo K. Brodie on 10/16/2018. (Morel, Christopher)
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Filing 116
ORDER denying #99 Motion for Reconsideration. Plaintiffs have until 11/08/2018 to produce the records as discussed in the attached order or to submit an affidavit stating that such records do not exist. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/9/2018. (Strong, Ardis)
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ORDER re ( #114 in 1:15-cv-02995) ( #49 in 16-cv-1153) ( #40 in 2:17-cv-0093). Stipulation and proposed amended case scheduling order SO ORDERED. Fact discovery closes 1/11/2019. All Discovery due by 6/21/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/9/2018. (Strong, Ardis)
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Filing 115
REPLY in Support re #111 Letter MOTION to Compel Plaintiffs' Motion to Compel filed by Jennifer Hasemann. (Greaves, Miles)
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Filing 114
STIPULATION and [proposed] amended case scheduling order by Jennifer Hasemann (Greaves, Miles)
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Filing 113
STIPULATION of Dismissal of Claims of Plaintiff Debbie Hoth Without Prejudice by Debbie Hoth (Granade, George)
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Filing 112
RESPONSE to Motion re #100 MOTION to Withdraw as Attorney for Plaintiff Debbie Hoth Letter Withdrawing Motion to Withdraw as Counsel for Plaintiff Debbie Hoth filed by Debbie Hoth. (Granade, George)
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ORDER withdrawing #100 Motion to Withdraw as Attorney. See #112 Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/28/18. (Reyes, Ramon)
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Filing 111
Letter MOTION to Compel Plaintiffs' Motion to Compel by Jennifer Hasemann. (Attachments: #1 Plaintiffs' Ex. 1, #2 Plaintiffs' Ex. 2, #3 Plaintiffs' Ex. 3, #4 Plaintiffs' Ex. 4, #5 Plaintiffs' Ex. 5, #6 Plaintiffs' Ex. 6, #7 Plaintiffs' Ex. 7, #8 Plaintiffs' Ex. 8, #9 Plaintiffs' Ex. 9, #10 Plaintiffs' Ex. 10, #11 Plaintiffs' Ex. 11, #12 Plaintiffs' Ex. 12, #13 Defendant's Ex. 13, #14 Defendant's Ex. 14, #15 Defendant's Ex. 15, #16 Defendant's Ex. 16, #17 Defendant's Ex. 17, #18 Defendant's Ex. 18, #19 Defendant's Ex. 19, #20 Defendant's Ex. 20) (Greaves, Miles)
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Filing 110
RESPONSE in Opposition re #99 MOTION for Reconsideration re #96 Order on Motion to Compel,,, filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 109
CERTIFICATE OF SERVICE by Debbie Hoth re: the Court's September 17, 2018 Scheduling Order (Greaves, Miles)
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Filing 108
NOTICE of Appearance by Shoshana Savett on behalf of Jennifer Hasemann, Debbie Hoth (notification declined or already on case) (Attachments: #1 Certificate of Service) (Savett, Shoshana)
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ORDER granting #101 Motion for Shoshana Savett Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. 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 that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/18/2018. (Vertus, Miriam)
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Filing 107
DECLARATION re #67 MOTION to Certify Class OF LESLEY VERDI - Redacted version of #91 , see exhibits at #91 by Gerber Products Co. (Castello, Geoffrey)
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Filing 106
DECLARATION re #67 MOTION to Certify Class OF BERNADETTE TORTORELLA - Redacted version of #90 , see exhibits at #90 by Gerber Products Co. (Castello, Geoffrey)
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Filing 105
DECLARATION re #67 MOTION to Certify Class OF RUSS LEVITAN - Redacted version of #89 , see exhibits at #89 by Gerber Products Co. (Castello, Geoffrey)
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Filing 104
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class Redacted version of #87 filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 103
AFFIDAVIT/DECLARATION in Support re #101 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10725254. filed by Jennifer Hasemann, Debbie Hoth. (Attachments: #1 Exhibit Good Standing Cert PA, #2 Exhibit Good Standing Cert NJ) (Savett, Shoshana)
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SCHEDULING ORDER: re #100 MOTION to Withdraw as Attorney for Plaintiff Debbie Hoth [15-cv-2995]; #46 MOTION to Withdraw as Attorney for Plaintiff Jeremy Greene [16-cv-1153]. Plaintiffs Debbie Hoth and Jeremy Greene must participate in the next Telephone Conference set for 11/8/2018 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. Failure of Plaintiffs to appear may result in a recommendation of dismissal for failure to prosecute. Plaintiffs' attorneys are instructed to email this order to their clients' last known email addresses; mail this order via certified and regular mail to their last known home addresses, and promptly file proof of service with the Clerk of the Court. All parties are directed to use the Toll Free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/17/2018. (Strong, Ardis)
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Filing 102
ORDER re #101 First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10725254. filed by Wendy Manemeit, Jennifer Hasemann, Debbie Hoth. The affidavit [101-1] that was filed for Shoshana Savett's Motion for Leave to Appear Pro Hac Vice is incomplete. Please complete the attached Pro Hac Vice Affidavit then file it on CM/ECF no later than 9/18/2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/13/2018. (Vertus, Miriam)
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Filing 101
First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10725254. by Jennifer Hasemann, Debbie Hoth, Wendy Manemeit. (Attachments: #1 Affidavit in Support, #2 Pennsylvania Certificate of Good Standing, #3 New Jersey Certificate of Good Standing) (Savett, Shoshana)
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ORDER granting #98 Motion to Amend/Correct/Supplement 91 Declaration 87 Affidavit in Opposition to Motion, 90 Declaration 89 Declaration. Letter requesting permission to correct a filing error relating to documents filed in opposition to Plaintiffs' Motion for Class Certification. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/13/2018. (Vertus, Miriam)
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Filing 100
MOTION to Withdraw as Attorney for Plaintiff Debbie Hoth by Debbie Hoth. (Attachments: #1 Declaration of Miles Greaves, #2 Certificate of Service) (Greaves, Miles)
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Filing 99
MOTION for Reconsideration re #96 Order on Motion to Compel,,, by Jennifer Hasemann. (Greaves, Miles)
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Filing 98
Letter MOTION to Amend/Correct/Supplement #91 Declaration,,,,,, #87 Affidavit in Opposition to Motion, #90 Declaration,,,,,,,,,,,,, #89 Declaration,,,,,,,,, Letter requesting permission to correct a filing error relating to documents filed in opposition to Plaintiffs' Motion for Class Certification by Gerber Products Co.. (Castello, Geoffrey)
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Filing 97
REPLY in Support re #67 MOTION to Certify Class (public version with redactions) filed by Jennifer Hasemann. (Attachments: #1 Exhibit G, Reply Declaration of Miles Greaves, #2 Greaves Ex. 86 (under seal), #3 Greaves Ex. 87 (under seal), #4 Greaves Ex. 88 (under seal), #5 Greaves Ex. 89 (under seal), #6 Greaves Ex. 90 (under seal), #7 Greaves Ex. 91 (partially redacted), #8 Greaves Ex. 92 (partially redacted), #9 Greaves Ex. 93 (partially redacted), #10 Greaves Ex. 94, #11 Greaves Ex. 95, #12 Greaves Ex. 96, #13 Greaves Ex. 97, #14 Greaves Ex. 98, #15 Greaves Ex. 99, #16 Greaves Ex. 100, #17 Greaves Ex. 101, #18 Greaves Ex. 102, #19 Greaves Ex. 103 (under seal), #20 Greaves Ex. 104 (under seal), #21 Greaves Ex. 105 (under seal), #22 Greaves Ex. 106 (under seal), #23 Greaves Ex. 107 (under seal), #24 Greaves Ex. 108, #25 Greaves Ex. 109 (under seal), #26 Greaves Ex. 110 (under seal), #27 Exhibit H, Reply Declaration of Stefan Boedeker, #28 Exhibit I, Reply Declaration of Gregory Pinsonneault (partially redacted), #29 Exhibit J, Negligent-Misrepresentation Survey, #30 Exhibit K, Proposed Order) (Greaves, Miles)
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ORDER granting #94 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 Ramon E. Reyes, Jr on 8/30/2018. (Vertus, Miriam)
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Filing 96
ORDER granting in part and denying in part (63) Motion to Compel; granting in part and denying in part (64) Motion to Compel in case 1:15-cv-02995-MKB-RER. For the reasons set forth in the attached order, the Defendant's motion to compel #63 is granted in part and denied in part, and the Plaintiffs' motion to compel #64 is granted in part and denied in part. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/28/2018. (Strong, Ardis)
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Filing 95
Letter re: courtesy copies of Joint Motion for Further Sealing Order Relating to Plaintiffs' Reply in Further Support of Their Motion for Class Certification and supporting exhibits by Gerber Products Co. (Castello, Geoffrey)
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Filing 94
Joint MOTION for Leave to Electronically File Document under Seal Joint MOTION for Further Sealing Order Relating to Plaintiffs' Reply in Further Support of Their Motion for Class Certification by Gerber Products Co.. (Attachments: #1 Exhibit Plaintiffs' Reply in Further Support of Their Consolidated Motion for Class Certification, #2 Exhibit - Exhibit 86, FCB-FTC-0010030, #3 Exhibit - Exhibit 87, GNY00235434, #4 Exhibit - Exhibit 88, GNY00133632, #5 Exhibit - Exhibit 89, GNY00235840, #6 Exhibit - Exhibit 90, GNY00007505, #7 Exhibit - Exhibit 103, GNY00146890, #8 Exhibit - Exhibit 104, GNY00010882, #9 Exhibit - Exhibit 105, GNY00010755, #10 Exhibit - Exhibit 106, GNY00107845, #11 Exhibit - Exhibit 107, GNY00115261, #12 Exhibit - Exhibit 109, FCB-FTC-0001230, #13 Exhibit - Exhibit 110, GNY00167565, #14 Exhibit - Exhibit I, Reply Declaration of Gregory A. Pinsonneault in Further Support of Plaintiffs' Motion for Class Certification) (Castello, Geoffrey)
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Filing 93
Letter re: courtesy copies of class-certification filings by Jennifer Hasemann (Greaves, Miles)
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Filing 92
REPLY in Support re #67 MOTION to Certify Class filed by Jennifer Hasemann. (Attachments: #1 Exhibit G, Reply Declaration of Miles Greaves, #2 Greaves Ex. 86, #3 Greaves Ex. 87, #4 Greaves Ex. 88, #5 Greaves Ex. 89, #6 Greaves Ex. 90, #7 Greaves Ex. 91, #8 Greaves Ex. 92, #9 Greaves Ex. 93, #10 Greaves Ex. 94, #11 Greaves Ex. 95, #12 Greaves Ex. 96, #13 Greaves Ex. 97, #14 Greaves Ex. 98, #15 Greaves Ex. 99, #16 Greaves Ex. 100, #17 Greaves Ex. 101, #18 Greaves Ex. 102, #19 Greaves Ex. 103, #20 Greaves Ex. 104, #21 Greaves Ex. 105, #22 Greaves Ex. 106, #23 Greaves Ex. 107, #24 Greaves Ex.108, #25 Greaves Ex. 109, #26 Greaves Ex. 110, #27 Exhibit H, Reply Declaration of Stefan Boedeker, #28 Exhibit I, Reply Declaration of Gregory Pinsonneault, #29 Exhibit J, Supplemental Survey of Negligent-Misrepresentation Law, #30 Exhibit K, Proposed Order) (Greaves, Miles)
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Filing 91
DECLARATION re #67 MOTION to Certify Class OF LESLEY VERDI by Gerber Products Co. (Attachments: #1 Exhibit A: Document produced by Gerber which appeared in Infections Diseases in Children, Contemporary Pediatrics, Consultant for Pediatricians, AAP News, Journal of Pediatric Nursing, #2 Exhibit B: Document produced by Gerber which appeared in Infectious Diseases in Children, Contemporary Pediatrics, Consultant for Pediatricians, #3 Exhibit C: Template for a letter that was specifically prepared for medical professionals and healthcare institutions, used in 2012 by Gerber Medical Sales Professionals, #4 Exhibit D: Template for a Leave Behind specifically prepared for medical professionals used in 2011 by Gerber Medical Sales Professionals to promote Gerber infant formula, #5 Exhibit E: Section of Gerber's website specifically designed for medical professionals dated 11/6/12, #6 Exhibit F: Leave Behind Booklet designed specifically for medical professionals, #7 Exhibit G: Document produced by Gerber which appeared in Contemporary Pediatrics, AAP News, and Neonatal Intensive Care, #8 Exhibit H: Leave Behind prepared for pediatricians' offices, #9 Exhibit I: Leave Behind specifically prepared for medical professionals, used in 2012 by Medical Sales Professionals to promote Gerber infant formula, #10 Exhibit J: Template of a Leave Behind specifically prepared for medical professionals, of which Gerber printed approximately 15,000 copies in 2012 and an additional 10,000 in 2013) (Castello, Geoffrey)
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Filing 90
DECLARATION re #67 MOTION to Certify Class OF BERNADETTE TORTORELLA by Gerber Products Co. (Attachments: #1 Exhibit 1: Photograph depicting a tamper evident seal that was affixed to certain containers of GGS containing 23.2 ounces or more of powder, #2 Exhibit 2: Exemplar of the tamper evident seal, #3 Exhibit 3: Coupon offer attached to limited containers of Good Start that contained 22 ounces or more of powder formula, #4 Exhibit 4: Story board of a television commercial that ran on various television networks for 14 days in April 2012, #5 Exhibit 5: Print advertisement that ran in Adoptive Families, Baby Talk, Fit Pregnancy, People, Parenting EY, Parents, and Pregnancy & Newborn, #6 Exhibit 6: Print advertisement not directed toward consumers that ran in Drugstore News in April 2012, #7 Exhibit 7: Print advertisement that ran in Parents and People, #8 Exhibit 8: In-store display sign, #9 Exhibit 9: In-store shelf signage used by various retailers (under seal), #10 Exhibit 10: Print advertisement that ran in Adoptive Families, American Baby, Fit Pregnancy, Parents, People, Pregnancy & Newborn, #11 Exhibit 11: Print advertisement that ran in American Baby, Parents, Parents - First Year, People, FamilyFun Little Ones, Pregnancy & Newborn, US Weekly, You and Your Family, #12 Exhibit 12: Print advertisement that ran in American Baby, Parents, People, FamilyFun Little Ones, Pregnancy & Newborn, US Weekly, The Bump, Parents First Year, #13 Exhibit 13: Nationwide direct mail piece, #14 Exhibit 14: Nationwide email advertisement, #15 Exhibit 15: Section of Gerber's general website and medical website, #16 Exhibit 16: May 26, 2011 advertisement that ran in the New York Times, #17 Exhibit 17: Direct mail piece, #18 Exhibit 18: Direct mail piece, #19 Exhibit 19: Section of Gerber's website dated 11/6/12, #20 Exhibit 20: Section of Gerber's website dated 11/6/12, #21 Exhibit 21: Section of Gerber's website dated 11/6/12, #22 Exhibit 22: Section of Gerber's website dated 11/6/12, #23 Exhibit 23: Section of Gerber's website dated 11/6/12, #24 Exhibit 24: Section of Gerber's website dated 11/6/12, #25 Exhibit 25: Section of Gerber's website dated 11/6/12, #26 Exhibit 26: Direct mail piece, #27 Exhibit 27: Direct mail piece, #28 Exhibit 28: Direct mail piece, #29 Exhibit 29: Direct mail piece, #30 Exhibit 30: Direct mail piece, #31 Exhibit 31: Document produced by Gerber which ran in various print publications, #32 Exhibit 32: Advertisement for Good Start Soothe, #33 Exhibit 33: Section of Gerber's website dated 11/6/12, #34 Exhibit 34: Section of Gerber's website relating to Good Start Protect dated 11/6/12, #35 Exhibit 35: Print advertisement for Good Start Soothe that ran in various publications in 2012, #36 Exhibit 36: Print advertisement for Good Start Protect that ran in various publications in 2012, #37 Exhibit 37: Advertisement that ran on Yahoo!.com on 5/26/11, #38 Exhibit 38: Direct mailer sent to approximately 10,000 targeted addresses in mid-July 2012, #39 Exhibit 39: Direct mailer sent to approximately 50,000 to 80,000 targeted addresses in mid-August 2012, #40 Exhibit 40: Story board of a television commercial that ran at certain times and dates) (Castello, Geoffrey)
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Filing 89
DECLARATION re #67 MOTION to Certify Class OF RUSS LEVITAN by Gerber Products Co. (Attachments: #1 Exhibit 1: Label #43329031, #2 Exhibit 2: Label #43426957, #3 Exhibit 3: Label #43481891, #4 Exhibit 4: Label #43510092, #5 Exhibit 5: Label #43662917, #6 Exhibit 6: English and Spanish versions of Label #443303345, #7 Exhibit 7: Label #43425471, #8 Exhibit 8: English and Spanish versions of Label #43662912, #9 Exhibit 9: Label #43302704, #10 Exhibit 10: Label #43425170, #11 Exhibit 11: Label #43662910, #12 Exhibit 12: Label #43302674, #13 Exhibit 13: Label #43425473, #14 Exhibit 14: Label #43663250, #15 Exhibit 15: English and Spanish versions of Label #43320759, #16 Exhibit 16: Label #43417858, #17 Exhibit 17: Label #43618018, #18 Exhibit 18: English and Spanish versions of Label #43329094, #19 Exhibit 19: English, Spanish and inner labels for Label #43284086A, #20 Exhibit 20: English, Spanish and inner labels for Label #43398559, #21 Exhibit 21: English, Spanish and inner labels for Label #43427822, #22 Exhibit 22: English, Spanish and inner labels for Label #43618014, #23 Exhibit 23: English, Spanish and inner labels for Label #43464903, #24 Exhibit 24: English, Spanish and inner labels for Label #43505065, #25 Exhibit 25: English, Spanish and inner labels for Label #43618016, #26 Exhibit 26: Label #43329098, #27 Exhibit 27: English, Spanish and inner labels for Label #43379788, #28 Exhibit 28: English, Spanish and inner labels for Label #43618026, #29 Exhibit 29: Label #43427824, #30 Exhibit 30: English, Spanish and inner labels for Label #43284096, #31 Exhibit 31: English, Spanish, and inner labels for Label #43618017, #32 Exhibit 32: Label #12134509, #33 Exhibit 33: Tamper evident seal assigned Label #43284456, which contains the words "Easy Scoop", #34 Exhibit 34: Tamper evident seal assigned Label #43507417, which contains the words "1st and Only", #35 Exhibit 35: Tamper evident seal assigned Label #43618051, which contains the words "Complete Nutrition", #36 Exhibit 36: Label #43618049, which also contains the words "Complete Nutrition") (Castello, Geoffrey)
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Filing 88
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF SARA L. KAMBESTAD filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 87
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF PETER HESS, PH.D. filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 86
DECLARATION re #67 MOTION to Certify Class OF LORI HAWKINS by Gerber Products Co. (Castello, Geoffrey)
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Filing 85
DECLARATION re #67 MOTION to Certify Class OF PORFIRIO GARCIA by Gerber Products Co. (Castello, Geoffrey)
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Filing 84
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF GEOFFREY W. CASTELLO filed by Gerber Products Co.. (Attachments: #1 Exhibit 1: Complaint filed in Hasemann et al v. Gerber Products Co., without corresponding exhibits, #2 Exhibit 2: Complaint filed in Greene et al. v. Gerber Products Co., without corresponding exhibits, #3 Exhibit 3: Complaint filed in Manemeit et al. v. Gerber Products Co., without corresponding exhibits, #4 Exhibit 4: Plaintiff Jennifer Hasemann's Amended Objections and Responses to Interrogatories 1, 4, 7-9, 11-13, and 19 dated 10/7/16, #5 Exhibit 5: Plaintiff Cetaria Wilkerson's Amended Objections and Responses to Interrogatories 1-2, 5, 7-9, 11-13, 15, and 18 dated 3/29/18, #6 Exhibit 6: Plaintiff Wendy Manemmeit's [sic] Amended Objections and Responses to Interrogatories 1-2, 5, 7-9, 11-13, 15, and 18 dated 3/29/18, #7 Exhibit 7: Excerpts from 4/20/18 deposition of Wendy Manemeit (redacted), #8 Exhibit 8: Excerpts from 4/26/18 deposition of Cetaria Wilkerson (redacted), #9 Exhibit 9: Excerpts from 5/1/18 deposition of Jennifer Hasemann (redacted), #10 Exhibit 10: Excerpts from 5/10/18 deposition of Stephen Boedeker, #11 Exhibit 11: Excerpts from 5/8/18 deposition of Gregory Pinsonneault, #12 Exhibit 12: Complaint filed in Federal Trade Commission v. Gerber Products Co, #13 Exhibit 13: Decision issued by the Honorable John A. Kronstadt in Oula Zakaria v. Gerber Products Co., Dkt. No. 148 (under seal), #14 Exhibit 14: Decision issued by the Honorable John A. Kronstadt in Oula Zakaria v. Gerber Products Co., Dkt. No. 297 (under seal), #15 Exhibit 15: Plaintiff Debbie Hoth's Amended Objections and Responses to Interrogatories 1, 4, 7-9, 11-13, 15, and 19 dated 10/7/16) (Castello, Geoffrey)
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Filing 83
DECLARATION re #67 MOTION to Certify Class OF CHERYL CALLEN by Gerber Products Co. (Attachments: #1 Exhibit 1: FDA's 5/24/11 letter, #2 Exhibit 2: FDA's 10/31/14 letter, #3 Exhibit 3: Gerber's 11/19/14 letter, #4 Exhibit 4: FDA's 7/13/15 letter) (Castello, Geoffrey)
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Filing 82
MEMORANDUM in Opposition re #67 MOTION to Certify Class filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 81
CERTIFICATE OF SERVICE by Gerber Products Co. re #71 Declaration, #70 1 - Sealed Document CV, Memorandum in Opposition, #74 Declaration, #73 1 - Sealed Document CV, Declaration, #72 1 - Sealed Document CV,,,,,,, Affidavit in Opposition to Motion,,,,,, #76 Affidavit in Opposition to Motion, #79 1 - Sealed Document CV,,,,,,, Declaration,,,,,, #75 1 - Sealed Document CV, Affidavit in Opposition to Motion, #78 1 - Sealed Document CV,,,,,,,,,,,,, Declaration,,,,,,,,,,,, #77 1 - Sealed Document CV,,,,,,,,,, Declaration,,,,,,,,, via email service (Castello, Geoffrey)
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Filing 80
MEMORANDUM in Support re #67 MOTION to Certify Class (public version with redactions) filed by Jennifer Hasemann. (Attachments: #1 Exhibit A, Declaration of Miles Greaves, #2 Greaves Ex. 1 (under seal), #3 Greaves Ex. 2 (under seal), #4 Greaves Ex. 3 (under seal), #5 Greaves Ex. 4 (under seal), #6 Greaves Ex. 5 (under seal), #7 Greaves Ex. 6 (under seal), #8 Greaves Ex. 7 (partially redacted), #9 Greaves Ex. 8 (under seal), #10 Greaves Ex. 9, #11 Greaves Ex. 10 (under seal), #12 Greaves Ex. 11 (under seal), #13 Greaves Ex. 12 (under seal), #14 Greaves Ex. 13 (under seal), #15 Greaves Ex. 14, #16 Greaves Ex. 15, #17 Greaves Ex. 16 (under seal), #18 Greaves Ex. 17 (under seal), #19 Greaves Ex. 18 (under seal), #20 Greaves Ex. 19 (under seal), #21 Greaves Ex. 20 (under seal), #22 Greaves Ex. 21 (under seal), #23 Greaves Ex. 22 (under seal), #24 Greaves Ex. 23 (under seal), #25 Greaves Ex. 24 (under seal), #26 Greaves Ex. 25 (under seal), #27 Greaves Ex. 26 (under seal), #28 Greaves Ex. 27 (under seal), #29 Greaves Ex. 28 (under seal), #30 Greaves Ex. 29 (under seal), #31 Greaves Ex. 30 (under seal), #32 Greaves Ex. 31 (under seal), #33 Greaves Ex. 32 (under seal), #34 Greaves Ex. 33 (under seal), #35 Greaves Ex. 34 (under seal), #36 Greaves Ex. 35 (under seal), #37 Greaves Ex. 36 (under seal), #38 Greaves Ex. 37 (under seal), #39 Greaves Ex. 38 (under seal), #40 Greaves Ex. 39 (under seal), #41 Greaves Ex. 40 (under seal), #42 Greaves Ex. 41 (under seal), #43 Greaves Ex. 42 (under seal), #44 Greaves Ex. 43 (under seal), #45 Greaves Ex. 44 (under seal), #46 Greaves Ex. 45 (under seal), #47 Greaves Ex. 46 (under seal), #48 Greaves Ex. 47 (under seal), #49 Greaves Ex. 48 (under seal), #50 Greaves Ex. 49 (under seal), #51 Greaves Ex. 50 (under seal), #52 Greaves Ex. 51 (under seal), #53 Greaves Ex. 52 (under seal), #54 Greaves Ex. 53 (under seal), #55 Greaves Ex. 54 (under seal), #56 Greaves Ex. 55 (under seal), #57 Greaves Ex. 56 (under seal), #58 Greaves Ex. 57 (under seal), #59 Greaves Ex. 58 (under seal), #60 Greaves Ex. 59 (under seal), #61 Greaves Ex. 60 (under seal), #62 Greaves Ex. 61 (under seal), #63 Greaves Ex. 62 (under seal), #64 Greaves Ex. 63 (under seal), #65 Greaves Ex. 64 (under seal), #66 Greaves Ex. 65 (under seal), #67 Greaves Ex. 66 (under seal), #68 Greaves Ex. 67 (under seal), #69 Greaves Ex. 68 (under seal), #70 Greaves Ex. 69 (under seal), #71 Greaves Ex. 70 (under seal), #72 Greaves Ex. 71 (under seal), #73 Greaves Ex. 72 (under seal), #74 Greaves Ex. 73 (under seal), #75 Greaves Ex. 74 (under seal), #76 Greaves Ex. 75 (under seal), #77 Greaves Ex. 76 (under seal), #78 Greaves Ex. 77 (under seal), #79 Greaves Ex. 78, #80 Greaves Ex. 79, #81 Greaves Ex. 80, #82 Greaves Ex. 81, #83 Greaves Ex. 82 (under seal), #84 Greaves Ex. 83 (under seal), #85 Greaves Ex. 84, #86 Greaves Ex. 85, #87 Exhibit B, Declaration of Stefan Boedeker, #88 Exhibit C, Declaration of Gregory Pinsonneault (partially redacted), #89 Exhibit D, Multistate Survey of Intentional-Misrepresentation Law, #90 Exhibit E, Multistate Survey of Negligent-Misrepresentation Law, #91 Exhibit F, Multistate Survey of Fraudulent-Concealment Law) (Greaves, Miles)
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Filing 79
DECLARATION OF LESLEY VERDI by Gerber Products Co. (Attachments: #1 Exhibit A: Document produced by Gerber which appeared in Infections Diseases in Children, Contemporary Pediatrics, Consultant for Pediatricians, AAP News, Journal of Pediatric Nursing, #2 Exhibit B: Document produced by Gerber which appeared in Infectious Diseases in Children, Contemporary Pediatrics, Consultant for Pediatricians, #3 Exhibit C: Template for a letter that was specifically prepared for medical professionals and healthcare institutions, used in 2012 by Gerber Medical Sales Professionals, #4 Exhibit D: Template for a Leave Behind specifically prepared for medical professionals used in 2011 by Gerber Medical Sales Professionals to promote Gerber infant formula, #5 Exhibit E: Section of Gerber's website specifically designed for medical professionals dated 11/6/12, #6 Exhibit F: Leave Behind Booklet designed specifically for medical professionals, #7 Exhibit G: Document produced by Gerber which appeared in Contemporary Pediatrics, AAP News, and Neonatal Intensive Care, #8 Exhibit H: Leave Behind prepared for pediatricians' offices, #9 Exhibit I: Leave Behind specifically prepared for medical professionals, used in 2012 by Medical Sales Professionals to promote Gerber infant formula, #10 Exhibit J: Template of a Leave Behind specifically prepared for medical professionals, of which Gerber printed approximately 15,000 copies in 2012 and an additional 10,000 in 2013) (Castello, Geoffrey)
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Filing 78
DECLARATION OF BERNADETTE TORTORELLA by Gerber Products Co. (Attachments: #1 Exhibit 1: Photograph depicting a tamper evident seal that was affixed to certain containers of GGS containing 23.2 ounces or more of powder, #2 Exhibit 2: Exemplar of tamper evident seal, #3 Exhibit 3: Coupon offer attached to limited containers of Good Start that contained 22 ounces or more of powder formula, #4 Exhibit 4: Story board of television commercial that ran for 14 days in April 2012, #5 Exhibit 5: Print advertisement that ran in various magazines, #6 Exhibit 6: Print advertisement not directed toward consumers that ran in Drugstore News in April 2012, #7 Exhibit 7: Print advertisement that ran in Parents and People, #8 Exhibit 8: In-store display sign, #9 Exhibit 9: In-store shelf signage used by various retailers, #10 Exhibit 10: Print advertisement that ran in Adoptive Families, American Baby, Fit Pregnancy, Parents, People, Pregnancy & Newborn, #11 Exhibit 11: Print advertisement that ran in American Baby, Parents, Parents - First Year, People, FamilyFun Little Ones, Pregnancy & Newborn, US Weekly, You and Your Family, #12 Exhibit 12: Print advertisement that ran in American Baby, Parents, People, FamilyFun Little Ones, Pregnancy & Newborn, US Weekly, The Bump, Parents First Year, #13 Exhibit 13: Nationwide direct mail pice, #14 Exhibit 14: Nationwide email advertisement, #15 Exhibit 15: Section of Gerber's general website and medical website, #16 Exhibit 16: May 26, 2011 advertisement that ran in the New York Times, #17 Exhibit 17: Direct mail piece, #18 Exhibit 18: Direct mail piece, #19 Exhibit 19: Section of Gerber's website dated 11/6/12, #20 Exhibit 20: Section of Gerber's website dated 11/6/12, #21 Exhibit 21: Section of Gerber's website dated 11/16/12, #22 Exhibit 22: Section of Gerber's website dated 11/16/12, #23 Exhibit 23: Section of Gerber's website dated 11/16/12, #24 Exhibit 24: Section of Gerber's website dated 11/16/12, #25 Exhibit 25: Section of Gerber's website dated 11/16/12, #26 Exhibit 26: Direct mail piece, #27 Exhibit 27: Direct mail piece, #28 Exhibit 28: Direct mail piece, #29 Exhibit 29: Direct mail piece, #30 Exhibit 30: Direct mail piece, #31 Exhibit 31: Document produced by Gerber which ran in various print publications, #32 Exhibit 32: Advertisement for Good Start Soothe, #33 Exhibit 33: Section of Gerber's website dated 11/6/12, #34 Exhibit 34: Section of Gerber's website relating to Good Start Protect dated 11/6/12, #35 Exhibit 35: Print advertisement for Good Start Soothe that ran in various publications in 2012, #36 Exhibit 36: Print advertisement for Good Start Protect that ran in various publications in 2012, #37 Exhibit 37: Advertisement that ran on Yahoo!.com on 5/26/11, #38 Exhibit 38: Direct mailer sent to approximately 10,000 targeted addresses in mid-July 2012, #39 Exhibit 39: Direct mailer sent to approximately 50,000 to 80,000 targeted addresses in mid-August 2012, #40 Exhibit 40: Story board of a television commercial that ran at certain times and dates) (Castello, Geoffrey)
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Filing 77
DECLARATION OF RUSS LEVITAN by Gerber Products Co. (Attachments: #1 Exhibit 1: Label #43329031, #2 Exhibit 2: Label #43426957, #3 Exhibit 3: Label # 43481891, #4 Exhibit 4: Label #43510092, #5 Exhibit 5: Label #43662917, #6 Exhibit 6: English and Spanish versions of Label #443303345, #7 Exhibit 7: Label #43425471, #8 Exhibit 8: English and Spanish versions of Label #43662912, #9 Exhibit 9: Label #43302704, #10 Exhibit 10: Label #43425170, #11 Exhibit 11: Label #43662910, #12 Exhibit 12: Label #43302674, #13 Exhibit 13: Label #43425473, #14 Exhibit 14: Label #43663250, #15 Exhibit 15: English and Spanish versions of Label #43320759, #16 Exhibit 16: Label #43417858, #17 Exhibit 17: English and Spanish versions of Label #43618018, #18 Exhibit 18: English and Spanish versions of label #43329094, #19 Exhibit 19: English, Spanish and inner labels for Label #43284086A, #20 Exhibit 20: English, Spanish and inner labels for Label #43398559, #21 Exhibit 21: English, Spanish and inner labels for Label #43427822, #22 Exhibit 22: English, Spanish and inner labels for Label #43618014, #23 Exhibit 23: English, Spanish and inner labels for Label #43464903, #24 Exhibit 24: English, Spanish and inner labels for Label #43505065, #25 Exhibit 25: English, Spanish and inner labels for Label #43618016, #26 Exhibit 26: Label #43329098, #27 Exhibit 27: English, Spanish and inner labels for label #43379788, #28 Exhibit 28: English, Spanish and inner labels for Label #43618026, #29 Exhibit 29: Label #43427824, #30 Exhibit 30: English, Spanish and inner labels for Label #43284096, #31 Exhibit 31: English, Spanish and inner labels for Label #43618017, #32 Exhibit 32: Label #12134509, #33 Exhibit 33: Tamper evident seal assigned Label #43284456, which contains the words "Easy Scoop", #34 Exhibit 34: Tamper evident seal assigned label #43507417, which contains the words "1st and Only", #35 Exhibit 35: Tamper evident seal assigned Label #43618051, which contains the words "Complete Nutrition", #36 Exhibit 36: Label #43618049, which also contains the words "Complete Nutrition") (Castello, Geoffrey)
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Filing 76
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF SARA L. KAMBESTAD filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 75
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF PETER HESS, PH.D. filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 74
DECLARATION OF LORI HAWKINS by Gerber Products Co. (Castello, Geoffrey)
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Filing 73
DECLARATION OF PORFIRIO GARCIA by Gerber Products Co. (Castello, Geoffrey)
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Filing 72
AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Certify Class OF GEOFFREY W. CASTELLO filed by Gerber Products Co.. (Attachments: #1 Exhibit 1: Complaint filed in Hasemann et al. v. Gerber Products Co., #2 Exhibit 2: Complaint filed in Greene et al. v. Gerber Products Co., #3 Exhibit 3: Complaint filed in Manemeit et al. v. Gerber Products Co., #4 Exhibit 4: Plaintiff Jennifer Hasemann's Amended Objections and Response to Interrogatories 1, 4, 7-9, 11-13, 15, and 19 dated 10/7/16, #5 Exhibit 5: Plaintiff Cetaria Wilkerson's Amended Objections and Responses to Interrogatories 1-2, 5, 7-9, 11-13, 15, and 18 dated 3/29/18, #6 Exhibit 6: Plaintiff Wendy Manemmeit's [sic] Amended Objections and Responses to Interrogatories 1-2, 5, 7-9, 11-13, 15, and 18 dated 3/29/18, #7 Exhibit 7: Excerpts from deposition of Wendy Manemeit dated 4/20/18, #8 Exhibit 8: Excerpts from deposition of Cetaria Wilkerson, dated 4/26/18, #9 Exhibit 9: Excerpts from deposition of Jennifer Hasemann, dated 5/1/18, #10 Exhibit 10: Excerpts from deposition of Stephen Boedeker, dated 5/10/18, #11 Exhibit 11: Excerpts from deposition of Gregory Pinsonneault, dated 5/8/18, #12 Exhibit 12: Complaint filed in Federal Trade Commission v. Gerber Products Co., #13 Exhibit 13: Decision issued by the Honorable John. A. Kronstadt in Oula Zakaria v. Gerber Products Co., dkt. No. 148, #14 Exhibit 14: Decision issued by the Honorable John A. Kronstadt in Oula Zakaria v. Gerber Products Co., dkt. No. 297, #15 Exhibit 15: Plaintiff Debbie Hoth's Amended Objections and Responses to Interrogatories 1, 4, 7-9, 11-13, 15, and 19 dated 10/7/16) (Castello, Geoffrey)
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Filing 71
DECLARATION OF CHERYL CALLEN by Gerber Products Co. (Attachments: #1 Exhibit 1: FDA's 5/24/11 letter, #2 Exhibit 2: FDA's 10/31/14 letter, #3 Exhibit 3: Gerber's 11/19/14 letter, #4 Exhibit 4: FDA's 7/13/15 letter) (Castello, Geoffrey)
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Filing 70
MEMORANDUM in Opposition re #67 MOTION to Certify Class filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 69
EXHIBIT 38 to the Greaves Declaration (left off of the preceding docket entry) by Jennifer Hasemann. Related document: #68 1 - Sealed Document CV,,,,,,,,,, Memorandum in Support,,,,,,,,, filed by Jennifer Hasemann. (Greaves, Miles)
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Filing 68
MEMORANDUM in Support re #67 MOTION to Certify Class filed by Jennifer Hasemann. (Attachments: #1 Exhibit A, Declaration of Miles Greaves, #2 Greaves Ex. 1, #3 Greaves Ex. 2, #4 Greaves Ex. 3, #5 Greaves Ex. 4, #6 Greaves Ex. 5, #7 Greaves Ex. 6, #8 Greaves Ex. 7, #9 Greaves Ex. 8, #10 Greaves Ex. 9, #11 Greaves Ex. 10, #12 Greaves Ex. 11, #13 Greaves Ex. 12, #14 Greaves Ex. 13, #15 Greaves Ex. 14, #16 Greaves Ex. 15, #17 Greaves Ex. 16, #18 Greaves Ex. 17, #19 Greaves Ex. 18, #20 Greaves Ex. 19, #21 Greaves Ex. 20, #22 Greaves Ex. 21, #23 Greaves Ex. 22, #24 Greaves Ex. 23, #25 Greaves Ex. 24, #26 Greaves Ex. 25, #27 Greaves Ex. 26, #28 Greaves Ex. 27, #29 Greaves Ex. 28, #30 Greaves Ex. 29, #31 Greaves Ex. 30, #32 Greaves Ex. 31, #33 Greaves Ex. 32, #34 Greaves Ex. 33, #35 Greaves Ex. 34, #36 Greaves Ex. 35, #37 Greaves Ex. 36, #38 Greaves Ex. 37, #39 Greaves Ex. 39, #40 Greaves Ex. 40, #41 Greaves Ex. 41, #42 Greaves Ex. 42, #43 Greaves Ex. 43, #44 Greaves Ex. 44, #45 Greaves Ex. 45, #46 Greaves Ex. 46, #47 Greaves Ex. 47, #48 Greaves Ex. 48, #49 Greaves Ex. 49, #50 Greaves Ex. 50, #51 Greaves Ex. 51, #52 Greaves Ex. 52, #53 Greaves Ex. 53, #54 Greaves Ex. 54, #55 Greaves Ex. 55, #56 Greaves Ex. 56, #57 Greaves Ex. 57, #58 Greaves Ex. 58, #59 Greaves Ex. 59, #60 Greaves Ex. 60, #61 Greaves Ex. 61, #62 Greaves Ex. 62, #63 Greaves Ex. 63, #64 Greaves Ex. 64, #65 Greaves Ex. 65, #66 Greaves Ex. 66, #67 Greaves Ex. 67, #68 Greaves Ex. 68, #69 Greaves Ex. 69, #70 Greaves Ex. 70, #71 Greaves Ex. 71, #72 Greaves Ex. 72, #73 Greaves Ex. 73, #74 Greaves Ex. 74, #75 Greaves Ex. 75, #76 Greaves Ex. 76, #77 Greaves Ex. 77, #78 Greaves Ex. 78, #79 Greaves Ex. 79, #80 Greaves Ex. 80, #81 Greaves Ex. 81, #82 Greaves Ex. 82, #83 Greaves Ex. 83, #84 Greaves Ex. 84, #85 Greaves Ex. 85, #86 Exhibit B, Declaration of Stefan Boedeker, #87 Exhibit C, Declaration of Gregory Pinsonneault, #88 Exhibit D, Multistate Survey of Intentional-Misrepresentation Law, #89 Exhibit E, Multistate Survey of Negligent-Misrepresentation Law, #90 Exhibit F, Multistate Survey of Fraudulent-Concealment Law) (Greaves, Miles)
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Filing 67
MOTION to Certify Class by Jennifer Hasemann. (Greaves, Miles)
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ORDER granting #66 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 Ramon E. Reyes, Jr on 8/15/2018. (Vertus, Miriam)
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Filing 66
Joint MOTION for Leave to Electronically File Document under Seal by Gerber Products Co.. (Attachments: #1 Declaration Declaration of Geoffrey W. Castello) (Castello, Geoffrey)
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ORDER granting #65 Motion for Extension of Time to File Response/Reply Stipulation and Proposed Amended Scheduling Order.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/2018. (Vertus, Miriam)
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Filing 65
Joint MOTION for Extension of Time to File Response/Reply Stipulation and Proposed Amended Scheduling Order by Jennifer Hasemann, Debbie Hoth. (Granade, George)
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Filing 64
Letter MOTION to Compel Plaintiff's Motion to Compel by Gerber Products Co.. (Attachments: #1 Plaintiff's Exhibit A, #2 Plaintiff's Exhibit B, #3 Plaintiff's Exhibit C, #4 Plaintiff's Exhibit D, #5 Plaintiff's Exhibit E, #6 Plaintiff's Exhibit F, #7 Plaintiff's Exhibit G, #8 Plaintiff's Exhibit H, #9 Plaintiff's Exhibit I, #10 Plaintiff's Exhibit J, #11 Defendant's Exhibit 1, #12 Defendant's Exhibit 2, #13 Defendant's Exhibit 3, #14 Defendant's Exhibit 4 Part 1, #15 Defendant's Exhibit 4 Part 2, #16 Defendant's Exhibit 4 Part 3, #17 Defendant's Exhibit 5, #18 Defendant's Exhibit 6, #19 Defendant's Exhibit 7) (Castello, Geoffrey)
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Filing 63
Letter MOTION to Compel Defendant's Motion to Compel by Gerber Products Co.. (Attachments: #1 Defendant's Exhibit 1, #2 Defendant's Exhibit 2 Part 1, #3 Defendant's Exhibit 2 Part 2, #4 Defendant's Exhibit 3, #5 Defendant's Exhibit 4, #6 Defendant's Exhibit 5, #7 Defendant's Exhibit 6, #8 Defendant's Exhibit 7, #9 Defendant's Exhibit 8, #10 Defendant's Exhibit 9, #11 Defendant's Exhibit 10, #12 Plaintiff's Exhibit A Part 1, #13 Plaintiff's Exhibit A Part 2, #14 Plaintiff's Exhibit B, #15 Plaintiff's Exhibit C, #16 Plaintiff's Exhibit D, #17 Plaintiff's Exhibit E, #18 Plaintiff's Exhibit F) (Castello, Geoffrey)
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ORDER granting #61 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 Ramon E. Reyes, Jr on 7/5/2018. (Vertus, Miriam)
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Filing 62
Joint MOTION for Leave to Electronically File Document under Seal , MOTION to Compel by Gerber Products Co.. (Attachments: #1 Declaration Castello Declaration, #2 Notice of Motion Joint Letter Re: Defendants' Motion to Compel, #3 Exhibit 1, #4 Exhibit 2-a, #5 Exhibit 2-b, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit A-1, #15 Exhibit A-2, #16 Exhibit B, #17 Exhibit C, #18 Exhibit D, #19 Exhibit E, #20 Exhibit F, #21 Notice of Motion Joint Letter re: Plaintiffs' Motion to Compel, #22 Exhibit 1, #23 Exhibit 2, #24 Exhibit 3, #25 Exhibit 4-a, #26 Exhibit 4-b, #27 Exhibit 4-c, #28 Exhibit 5, #29 Exhibit 6, #30 Exhibit 7, #31 Exhibit A, #32 Exhibit B, #33 Exhibit C, #34 Exhibit D, #35 Exhibit E, #36 Exhibit F, #37 Exhibit G, #38 Exhibit H, #39 Exhibit I, #40 Exhibit J) (Castello, Geoffrey)
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Filing 61
Joint MOTION for Leave to Electronically File Document under Seal by Gerber Products Co.. (Attachments: #1 Declaration) (Castello, Geoffrey)
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ORDER granting #60 Motion for Extension of Time to File MOTIONS TO COMPEL CONCERNING OUTSTANDING PRIVILEGE DISPUTE. Parties have agreed that Plaintiffs shall have until September 14, 2018 to serve any motion to compel concerning Defendants privilege log and related assertions of privilege, with Defendants response due on September 25, 2018. The parties' joint submission would be filed with the Court on September 25, 2018. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/2/2018. (Vertus, Miriam)
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Filing 60
Joint MOTION for Extension of Time to File MOTIONS TO COMPEL CONCERNING OUTSTANDING PRIVILEGE DISPUTE by Gerber Products Co.. (Castello, Geoffrey)
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SO ORDERED re Case Management Statement ( #59 in 1:15-cv-02995-MKB-RER; #41 in 1:16-cv-01153-MKB-RER; #34 in 2:17-cv-00093-MKB-RER). Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/18/2018. (Strong, Ardis)
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Filing 59
CASE MANAGEMENT STATEMENT (Greaves, Miles)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 6/11/2018. Appearances by Brett Cebulash and Miles Greaves for the Plaintiffs and David Zalman and Geoffrey White Castello, III for the Defendant. Discussions held. Consolidated Case Management Statement due by 6/15/2018. Parties' motions to compel to be served by 6/22/2018. Responses due 7/3/2018. Parties are directed to file their motions as a joint letter addressing all unresolved discovery issues by 7/3/2018. Telephone Conference set for 11/8/2018 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll Free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled conference. (FTR Log #12:00:39-12:20:38 (208N)) (Strong, Ardis)
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SCHEDULING ORDER: Telephone Conference set for 6/11/2018 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the Toll Free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/8/2018. (Strong, Ardis)
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Filing 58
STIPULATION and (Proposed) Order re: amending Plaintiffs' class-certification motion by Jennifer Hasemann, Debbie Hoth (Greaves, Miles)
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ORDER re (58 in 1:15-cv-02995-MKB-RER) re (40 in 1:16-cv-01153-MKB-RER) and re(33 in 2:17-cv-00093-MKB-RER) Stipulation Order re: amending Plaintiffs' class-certification motion. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/31/2018. (Vertus, Miriam)
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Filing 57
ORDER granting #56 Motion for Extension of Time to Complete Discovery. Amended Scheduling Order. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/17/2018. (Vertus, Miriam)
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Filing 56
STIPULATION and [Propsosed] Amended Scheduling Order by Gerber Products Co. (Castello, Geoffrey) ADDED MOTION for Extension of Time to Complete Discovery Modified on 5/17/2018 (Vertus, Miriam).
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ORDER granting Amended Scheduling Order (55) Motion for Extension of Time to Complete Discovery in case 1:15-cv-02995-MKB-RER; granting (37) Motion for Extension of Time to Complete Discovery in case 1:16-cv-01153-MKB-RER; granting (30) Motion for Extension of Time to Complete Discovery in case 2:17-cv-00093-MKB-RER. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/26/2018. (Vertus, Miriam)
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Filing 55
STIPULATION and [proposed] amended case scheduling order by Jennifer Hasemann, Debbie Hoth (Greaves, Miles) Modified on 3/26/2018 (Vertus, Miriam).
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr. Telephone Conference held on 3/16/2018. Appearances by Brett Cebulash, Esq., Miles Greaves, Esq., Carlos Ramirez, Esq. for the Plaintiffs and David Zalman, Esq., Geoffrey White Castello, III, Esq., and Jaclyn Metzinger, Esq. for the Defendant. Discussions held. Updated Case Management Plan including proposed dates for future conferences due by 3/23/2018. (FTR Log #10:07:56-10:15:40 (208N)) (Strong, Ardis)
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Filing 54
Letter regarding service of Plaintiffs' consolidated motion for class certification and supporting papers by Jennifer Hasemann, Debbie Hoth (Greaves, Miles)
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ORDER granting #53 Motion for Extension of Time to File Plaintiff's class-certification motion, and motion for page-limit extensions. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2018. (Vertus, Miriam)
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Filing 53
MOTION for Extension of Time to File Plaintiffs' class-certification motion, and motion for page-limit extensions by Jennifer Hasemann, Debbie Hoth. (Greaves, Miles)
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SCHEDULING ORDER: Telephone Conference set for 3/16/2018 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. Defendant's counsel to initiate the call and dial in chambers once all parties are on the line. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2017. (Vertus, Miriam)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 12/4/2017. Case called. Appearances: Plaintiffs represented by Kevin S. Landau and Miles Greaves. Defendants represented by David I. Zalman and Geoffrey W.Castello,III. Discussions held. The parties are advised to follow the bundling rule and file the motion for class certification fully briefed on May 25, 2018. The parties amended case scheduling order regarding the class certification #52 filed in case no. 1:15-cv-02995 and #34 in case no. 16-cv-01153 are GRANTED. (FTR Log: 11:45:45-12:00:18) (Vertus, Miriam)
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ORDER re (27 in 2:17-cv-00093-MKB-RER),(34 in 1:16-cv-01153-MKB-RER) and (52 in 1:15-cv-02995-MKB-RER): STIPULATION and [proposed] amended case scheduling order filed by Gerber Products Co. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/3/2017. (Vertus, Miriam)
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Filing 52
STIPULATION and [proposed] amended case scheduling order by Gerber Products Co. (Castello, Geoffrey)
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Filing 51
ANSWER to #1 Complaint, by Gerber Products Co.. (Castello, Geoffrey)
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Terminating Scheduling Order: The Final Pretrial Conference scheduled for December 1, 2017 is adjourned sine die. This conference will rescheduled at the 12/4/2017 Status Conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/15/2017. (Vertus, Miriam)
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Filing 50
NOTICE of Appearance by Carlos F. Ramirez on behalf of All Plaintiffs (aty to be noticed) (Ramirez, Carlos)
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Filing 49
Letter re: response to Defendant's request for a pre-motion conference by Wendy Manemeit (Greaves, Miles)
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Filing 48
Order: The parties' SCHEDULING ORDER ON CONSENT is adopted by the Court. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
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ORDER granting Motion(s) (46),(28), and (10) to Consolidate Cases 15-cv-02995-MKB-RER 16-cv-01153-MKB-RER, and 2:17-cv-00093-JFB-AYS for discovery and pretrial purposes. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
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SCHEDULING ORDER: Status Conference set for 12/4/2017 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2017. (Vertus, Miriam)
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Filing 47
MEMORANDUM in Support re #46 Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 46
Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
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Filing 45
Notice of Related Case indicated on the Civil Cover Sheet in Case No. 17-cv-00093. (Flanagan, Doreen)
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Filing 44
Corporate Disclosure Statement by Gerber Products Co. identifying Corporate Parent Nestle S.A., Corporate Parent Nestle Holdings, Inc. for Gerber Products Co.. (Castello, Geoffrey)
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Filing 43
Defendant Gerber Products Co.'s ANSWER to #1 Complaint, by Gerber Products Co.. (Castello, Geoffrey)
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Set/Reset Hearing & Deadlines: All fact discovery to be completed by 8/11/2017. Expert disclosures due 8/11/2017; rebuttal expert disclosures due 10/13/2017. Depositions of experts to occur within five weeks of service of their reports. The Final Pretrial Conference previously scheduled for 7/5/2017 is adjourned to 12/1/2017 at 12:00 p.m., in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/11/2016. (Vertus, Miriam)
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Filing 42
STIPULATION and [proposed] amended case scheduling order by Gerber Products Co. (Castello, Geoffrey)
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ORDER granting re #42 Stipulation And Amended Case Scheduling Order. Defendant Gerber Products Co., answer is due 10/19/2016. See document no. #42 for details. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/11/2016. (Vertus, Miriam)
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Filing 41
MEMORANDUM AND ORDER granting in part and denying in part #23 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, the Court declines to dismiss or stay this matter pursuant to the primary jurisdiction doctrine and finds that Plaintiffs do not have standing to seek injunctive relief. The Court grants Defendants motion to dismiss Plaintiffs claim under Wisconsin Statutes 100.18 and denies Defendants motion to dismiss Plaintiffs claims under the FDUTPA, Florida Statutes 817.41, Wisconsin Statutes 100.20 and Wisconsin Statutes 895.446 and 943.20. Ordered by Judge Margo K. Brodie on 9/28/2016. (Reyneri, Rafael)
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Filing 40
STATUS REPORT / Joint Status Report by Gerber Products Co. (Castello, Geoffrey)
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ORDER: In lieu of the in person 9/28/2016 Status Conference, the parties shall submit a joint Status Report on 9/28/2016. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/26/2016. (Vertus, Miriam)
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Set/Reset Hearings:Due to a change in the Court's calendar the 9/14/16 Status Conference is adjourned to 9/28/2016 at 10:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
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ORDER re #34 : The Stipulation and [Proposed] Amended Case Scheduling Order is SO ORDERED. All fact discovery to be completed by 3/10/2017. Expert disclosures due 3/17/2017; rebuttal expert disclosures due 5/12/2017. Depositions of experts to occur within five weeks of service of their reports. In light of these deadline extensions, the Final Pretrial Conference previously scheduled for 11/2/2016 is adjourned to 7/5/2017 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The in-person status conference set for 9/14/2016 remains scheduled. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/29/2016. (Yasunaga, Adrienne)
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Filing 39
ORDER granting #30 Motion to Appoint Counsel. See attached document. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/28/2016. (Yasunaga, Adrienne)
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Filing 38
NOTICE of Appearance by E. Michelle Drake on behalf of Jennifer Hasemann, Debbie Hoth (notification declined or already on case) (Drake, E.)
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Filing 37
NOTICE of Appearance by Marisa Kendra Glassman on behalf of All Plaintiffs (aty to be noticed) (Glassman, Marisa)
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ORDER granting #35 Motion for Eleanor Michelle Drake Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. 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 that the $150 admission fee be submitted to the Clerks Office. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/10/2016. (Vertus, Miriam)
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Filing 36
REPLY in Support re #30 MOTION to Appoint Counsel filed by Jennifer Hasemann, Debbie Hoth. (Reese, Michael)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8669071. by Jennifer Hasemann, Debbie Hoth. (Attachments: #1 Affidavit of E. Michelle Drake, #2 Certificates of Good Standing) (Drake, E.)
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Filing 34
STIPULATION and (proposed) amended case scheduling order by Jennifer Hasemann, Debbie Hoth (Greaves, Miles)
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Filing 33
NOTICE of Appearance by Jaclyn Marie Metzinger on behalf of Gerber Products Co. (aty to be noticed) (Metzinger, Jaclyn)
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Filing 32
NOTICE by Jennifer Hasemann, Debbie Hoth of supplemental authority re: Defendant's motion to dismiss (Attachments: #1 Exhibit) (Greaves, Miles)
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Filing 31
MEMORANDUM in Opposition re #30 MOTION to Appoint Counsel filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 30
MOTION to Appoint Counsel by Jennifer Hasemann. (Attachments: #1 Memorandum in Support, #2 Exhibit A (Reese LLP Firm Resume), #3 Exhibit B (Berger & Montague Firm Resume), #4 Exhibit C (TCL Firm Resume), #5 Exhibit D (Morgan & Morgan Firm Resume), #6 Proposed Order) (Reese, Michael)
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Filing 29
Notice of Related Case (Davis, Kimberly)
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ORDER granting #28 Motion to Withdraw as Attorney. Attorney Adrienne Beatty terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/7/2016. (Yasunaga, Adrienne)
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Filing 28
MOTION to Withdraw as Attorney on behalf of Adrienne C. Beatty by Jennifer Hasemann, Debbie Hoth. (Carson, Shanon)
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ORDER granting #27 Motion to Continue; The Court will initiate the Telephone Initial Conference set for 12/16/2015 at 11:30 AM before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/16/2015. (Vertus, Miriam)
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Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr: Telephone Initial Conference held on 12/16/2015. Appearances: Michael R. Reese, Esq., Adrienne Beatty, Esq., Brett H. Cebulash, Esq., and Miles Greaves, Esq., for the Plaintiffs. David I. Zalman, Esq., and Geoffrey White Castello, III, Esq., for the Defendant. Discussions held. The Court adopts the parties CASE MANAGEMENT STATEMENT #22 . (Tape #not recorded.) (Vertus, Miriam)
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SCHEDULING ORDER: re #22 Case Management Statement: Discovery will close on 10/14/2016. In person Final Pretrial Conference set for 11/2/2016 at 11:00 AM before Magistrate Judge Ramon E. Reyes Jr., In person Status Conference set for 9/14/2016 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/16/2015. (Vertus, Miriam)
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Filing 27
MOTION to Continue REINSTATE CONFERENCE SCHEDULED FOR DECEMBER 16, 2015 by Jennifer Hasemann. (Reese, Michael)
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Terminated Scheduling Order: The Initial Conference scheduled for 12/16/2015 is adjourned sine die pending resolution of motion to dismiss, unless Judge Brodie orders discovery to go forward, in which case an initial conference will be rescheduled. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/15/2015. (Vertus, Miriam)
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Filing 26
Letter dated December 14, 2015 from Geoffrey Castello to Judge Brodie re courtesy copy of Gerber's Motion to Dismiss Plaintiff's Class Action Complaint by Gerber Products Co. (Castello, Geoffrey)
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Filing 25
REPLY to Response to Motion re #23 Notice of MOTION to Dismiss Plaintiffs' Class Action Complaint / Reply Memorandum of Law in Further Support of Defendant Gerber Products Co.'s Motion to Dismiss Plaintiffs' Class Action Complaint filed by Gerber Products Co.. (Castello, Geoffrey)
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Filing 24
MEMORANDUM in Opposition re #23 Notice of MOTION to Dismiss Plaintiffs' Class Action Complaint filed by Jennifer Hasemann. (Attachments: #1 Declaration, #2 Exhibit A) (Reese, Michael)
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Filing 23
Notice of MOTION to Dismiss Plaintiffs' Class Action Complaint by Gerber Products Co.. (Attachments: #1 Memorandum in Support of Defendant Gerber Products Co.'s Motion to Dismiss Plaintiffs' Class Action Complaint, #2 Declaration of Geoffrey W. Castello, #3 Exhibit 1 to the Declaration of Geoffrey W. Castello, #4 Exhibit 2 to the Declaration of Geoffrey W. Castello, #5 Exhibit 3 to the Declaration of Geoffrey W. Castello, #6 Exhibit 4 to the Declaration of Geoffrey W. Castello, #7 Affidavit of Service) (Castello, Geoffrey)
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Filing 22
CASE MANAGEMENT STATEMENT (Reese, Michael)
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ORDER granting #20 Motion for Protective Order. The parties' Stipulated Discovery Confidentiality Order is SO ORDERED by Magistrate Judge Ramon E. Reyes, Jr. on 12/7/2015. (Yasunaga, Adrienne)
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Filing 21
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8215815. by Jennifer Hasemann, Debbie Hoth. (Beatty, Adrienne)
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ORDER granting #21 Motion for Adrienne C. Beatty Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2015. (Vertus, Miriam)
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Filing 20
Joint MOTION for Protective Order Governing Treatment of Confidential Discovery by Jennifer Hasemann. (Reese, Michael)
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ORDER granting #19 Motion to Adjourn Conference: Initial Conference previously scheduled for 12/3/2015 is adjourned to 12/16/2015 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. The Case Management Plan (dkt. no. #7 ) must be completed and filed on ECF no later than 12/9/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/30/2015. (Yasunaga, Adrienne)
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Filing 19
Letter MOTION to Adjourn Conference from December 3, 2015 by Gerber Products Co.. (Castello, Geoffrey)
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Filing 18
Letter regarding service of Plaintiffs' Opposition to Gerber's Motion to Dismiss by Jennifer Hasemann, Debbie Hoth (Greaves, Miles)
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ORDER: Initial Conference set for 12/3/2015 at 12:00 PM before Magistrate Judge Ramon E. Reyes, Jr. in Courtroom 2E North, located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. The Case Management Plan (dkt. no. #7 ) must be completed and filed on ECF no later than 11/30/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/17/2015. (Yasunaga, Adrienne)
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Filing 17
Letter regarding service of Gerber's Notice of Motion to Dismiss and Supporting Papers by Gerber Products Co. (Castello, Geoffrey)
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ORDER denying #15 Motion to Stay. Ordered by Judge Margo K. Brodie on 10/15/2015. (Reyneri, Rafael)
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Filing 16
RESPONSE in Opposition re #15 Letter MOTION to Stay filed by Jennifer Hasemann. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Reese, Michael)
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ORDER: Plaintiffs shall file their response to #15 Letter MOTION to Stay on or before October 14, 2015. The time for Defendant to file its Motion to Dismiss is extended to and including October 23, 2015. Ordered by Judge Margo K. Brodie on 10/13/2015. (Reyneri, Rafael)
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Filing 15
Letter MOTION to Stay by Gerber Products Co.. (Castello, Geoffrey)
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ORDER #14 granting Stipulation filed by Gerber Products Co. regarding proposed briefing schedule. Defendant shall file its motion to dismiss, including all supporting papers on or before October 16, 2015; Plaintiffs shall file their opposition to the motions to dismiss including all supporting papers on or before November 20, 2015; and Defendant shall file its reply to Plaintiffs opposition to the motions to dismiss, including all supporting papers on or before December 11, 2015. Ordered by Judge Margo K. Brodie on 10/1/2015. (Francis-McLeish, Ogoro)
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Filing 14
STIPULATION (proposed order) regarding briefing schedule by Gerber Products Co. (Castello, Geoffrey)
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ORDER denying #8 Motion for Pre Motion Conference. The parties are directed to confer with each other and file an agreed upon briefing schedule for the Court's approval. Ordered by Judge Margo K. Brodie on 9/3/2015. (Francis-McLeish, Ogoro)
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ORDER granting #13 Motion for John A. Yanchunis Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/26/2015. (Vertus, Miriam)
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Terminating Scheduling Order: The 8/26/15 Initial Conference is cancelled. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/26/2015. (Vertus, Miriam)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-7971813. by Jennifer Hasemann, Debbie Hoth. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Proposed Order) (Yanchunis, John)
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Filing 12
RESPONSE in Opposition re #8 Letter MOTION for pre motion conference dated August 14, 2015 from David I. Zalman to Honorable Margo K. Brodie re Gerber's proposed motion to dismiss Plaintiff's Complaint filed by All Plaintiffs. (Greaves, Miles)
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Filing 11
NOTICE of Appearance by Miles Greaves on behalf of All Plaintiffs (notification declined or already on case) (Greaves, Miles)
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Filing 10
NOTICE of Appearance by Brett H. Cebulash on behalf of All Plaintiffs (aty to be noticed) (Greaves, Miles) Modified on 8/18/2015 (Barrett, C).
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Filing 9
Letter dated August 14, 2015 from Geoffrey W. Castello to Judge Ramon E. Reyes, enclosing the parties' Case Management Plan by Gerber Products Co. (Castello, Geoffrey)
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Filing 8
Letter MOTION for pre motion conference dated August 14, 2015 from David I. Zalman to Honorable Margo K. Brodie re Gerber's proposed motion to dismiss Plaintiff's Complaint by Gerber Products Co.. (Zalman, David)
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Filing 7
SCHEDULING ORDER: Initial Conference set for 8/26/2015 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. The attached Case Management Plan must be completed and filed on ECF no later than 8/14/15. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/14/2015. (Vertus, Miriam)
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ORDER granting #6 Motion for Extension of Time to Answer. Defendant's Gerber Products Co., answer due 8/14/2015. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/14/2015. (Vertus, Miriam)
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Filing 6
MOTION for Extension of Time to File Answer re #1 Complaint, /Stipulation Extending Time to Answer the Class Action Complaint by Gerber Products Co.. (Castello, Geoffrey)
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Filing 5
SUMMONS Returned Executed by Jennifer Hasemann, Debbie Hoth. Gerber Products Co. served on 6/24/2015, answer due 7/15/2015. (Carson, Shanon)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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Filing 3
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. (Bowens, Priscilla)
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Filing 2
Summons Issued as to Gerber Products Co.. (Bowens, Priscilla)
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Case assigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. (Bowens, Priscilla)
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Filing 1
COMPLAINT against Gerber Products Co. filing fee $ 400, receipt number 0207-7760125 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jennifer Hasemann. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet, #8 Proposed Summons) (Reese, Michael)
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