Greene et al v. Gerber Products Co.
Plaintiff: Greene, Cetaria Wilkerson and Jeremy Greene
Defendant: Gerber Products Co. and Gerber Products Co. a corporation doing business as Nestle Nutrition doing business as Nestle Infant Nutrition doing business as Nestle Nutrition North America
Case Number: 1:2016cv01153
Filed: March 8, 2016
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Margo K Brodie
Referring Judge: Ramon E Reyes
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2019 Opinion or Order Filing 65 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)
November 1, 2019 Filing 64 Joint MOTION to Amend/Correct/Supplement #59 Order and Joint Mediation Status Report by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
September 23, 2019 Filing 63 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)
September 1, 2019 Filing 62 NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Granade, George)
July 22, 2019 Opinion or Order 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)
July 22, 2019 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.)
July 18, 2019 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)
June 17, 2019 Opinion or Order Filing 61 ORDER granting #60 Motion for Extension of Time to File PLAINTIFFS' CLASS NOTICE. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/17/2019. (Vertus, Miriam)
June 14, 2019 Filing 60 Joint MOTION for Extension of Time to File Class Notice by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
May 2, 2019 Opinion or Order 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)
April 26, 2019 Opinion or Order 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)
April 16, 2019 Opinion or Order Filing 59 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)
April 2, 2019 Filing 58 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)
April 2, 2019 Opinion or Order 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)
April 2, 2019 Opinion or Order 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)
March 19, 2019 Filing 57 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)
February 27, 2019 Filing 56 CERTIFICATE OF SERVICE by Cetaria Wilkerson re #55 REPORT AND RECOMMENDATIONS re (67 in 1:15-cv-02995-MKB-RER) MOTION to Certify Class filed by Jennifer Hasemann (Ramirez, Carlos)
February 20, 2019 Opinion or Order Filing 55 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)
December 11, 2018 Filing 54 Consent MOTION to Amend/Correct/Supplement #49 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
December 11, 2018 Filing 53 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 #52 by Gerber Products Co. (Castello, Geoffrey)
December 11, 2018 Opinion or Order ORDER granting #52 Motion to Amend/Correct/Supplement Case Scheduling Order Fact discovery closes 4/30/2019. All Discovery due by 10/8/2019. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/10/2018. (Vertus, Miriam)
December 11, 2018 Opinion or Order 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).
December 10, 2018 Filing 52 Consent MOTION to Amend/Correct/Supplement #49 Stipulation by Gerber Products Co.. (Attachments: #1 Proposed Amended Scheduling Order) (Castello, Geoffrey)
November 8, 2018 Opinion or Order ORDER granting #46 Motion to Withdraw as Attorney. Attorney E. Michelle Drake; Marisa Kendra Glassman; George Volney Granade, II; Miles Greaves; Kevin S. Landau; Eric Lechtzin; Shanon J Carson and Brett H. Cebulash terminated Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/8/2018. (Reyes, Ramon)
November 8, 2018 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)
November 7, 2018 Filing 51 RESPONSE to Discovery Request from Defendant by Cetaria Wilkerson. (Greaves, Miles)
October 9, 2018 Opinion or Order Filing 50 ORDER denying #45 Motion for Reconsideration in case 1:16-cv-01153-MKB-RER; denying #38 Motion for Reconsideration in case 2:17-cv-00093-MKB-RER. 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)
October 9, 2018 Opinion or Order 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)
September 28, 2018 Filing 49 STIPULATION and [proposed] amended case scheduling order by Cetaria Wilkerson (Greaves, Miles)
September 21, 2018 Filing 48 RESPONSE in Opposition re #45 MOTION for Reconsideration re #44 Order on Motion to Compel,,, filed by Gerber Products Co.. (Castello, Geoffrey)
September 18, 2018 Filing 47 CERTIFICATE OF SERVICE by Jeremy Greene re: the Court's September 17, 2018 Scheduling Order (Greaves, Miles)
September 17, 2018 Opinion or Order 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)
September 12, 2018 Filing 46 MOTION to Withdraw as Attorney for Plaintiff Jeremy Greene by Jeremy Greene. (Attachments: #1 Declaration of Miles Greaves, #2 Certificate of Service) (Greaves, Miles)
September 11, 2018 Filing 45 MOTION for Reconsideration re #44 Order on Motion to Compel,,, by Cetaria Wilkerson. (Greaves, Miles)
August 28, 2018 Opinion or Order Filing 44 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)
August 6, 2018 Opinion or Order ORDER granting #43 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)
August 3, 2018 Filing 43 Joint MOTION for Extension of Time to File Response/Reply Stipulation and Proposed Amended Scheduling Order by Jeremy Greene, Cetaria Wilkerson. (Granade, George)
July 2, 2018 Opinion or Order ORDER granting #42 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)
June 29, 2018 Filing 42 Joint MOTION for Extension of Time to File MOTIONS TO COMPEL CONCERNING OUTSTANDING PRIVILEGE DISPUTE by Gerber Products Co.. (Castello, Geoffrey)
June 18, 2018 Opinion or Order 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)
June 15, 2018 Filing 41 CASE MANAGEMENT STATEMENT (Greaves, Miles)
June 11, 2018 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)
June 8, 2018 Opinion or Order SCHEDULING ORDER: Telephone Conference set for 6/11/2018 at 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)
May 31, 2018 Filing 40 STIPULATION and (Proposed) Order re: amending Plaintiffs' class-certification motion by Jeremy Greene, Cetaria Wilkerson (Greaves, Miles)
May 31, 2018 Opinion or Order 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)
May 17, 2018 Opinion or Order Filing 39 ORDER granting #38 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)
May 14, 2018 Filing 38 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).
March 26, 2018 Opinion or Order 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)
March 23, 2018 Filing 37 STIPULATION and [proposed] amended case scheduling order by Jeremy Greene, Cetaria Wilkerson (Greaves, Miles) Modified on 3/26/2018 (Vertus, Miriam).
March 16, 2018 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)
March 9, 2018 Filing 36 Letter regarding service of Plaintiffs' consolidated motion for class certification and supporting papers by Jeremy Greene, Cetaria Wilkerson (Greaves, Miles)
February 22, 2018 Opinion or Order ORDER granting #35 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)
February 21, 2018 Filing 35 MOTION for Extension of Time to File Plaintiffs' class-certification motion, and motion for page-limit extensions by Jeremy Greene, Cetaria Wilkerson. (Greaves, Miles)
December 5, 2017 Opinion or Order 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)
December 4, 2017 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)
October 4, 2017 Opinion or Order 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)
October 3, 2017 Filing 34 STIPULATION and [proposed] amended case scheduling order by Gerber Products Co. (Castello, Geoffrey)
August 23, 2017 Filing 33 ANSWER to #1 Complaint, by Gerber Products Co.. (Castello, Geoffrey)
August 10, 2017 Filing 32 Joint MOTION for Extension of Time to File Answer re #1 Complaint, to August 23, 2017 by Gerber Products Co.. (Castello, Geoffrey)
August 10, 2017 Opinion or Order ORDER granting #32 Motion for Extension of Time to Answer. Defendant's time to answer the Complaint is extended until 8/23/2017. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/10/2017. (Naidich, Zachary)
August 2, 2017 Opinion or Order Filing 31 MEMORANDUM AND ORDER granting in part and denying in part #22 Motion to Dismiss. The Court consolidates the Greene and Manemeit actions for purposes of deciding this motion. For the reasons discussed in the attached Memorandum and Order, the Court declines to dismiss or stay the Greene Complaint pursuant to the primary jurisdiction doctrine, grants Defendant's motion to dismiss Plaintiffs' claims under the OCSPA and ODTPA, and denies Defendant's motion to dismiss Plaintiffs' claims under the NCDTPA. As to the Manemeit Complaint, the Court denies Defendant's motion to dismiss the claims brought pursuant to sections 349 and 350 of the GBL. As to the Greene and Manemeit Complaints, the Court finds that Plaintiffs lack standing to seek injunctive relief; grants Defendant's motion to dismiss the unjust enrichment claims; denies Defendant's motion to strike the nationwide class allegations; and denies Defendant's motion to dismiss the fraudulent concealment, intentional misrepresentation and negligent misrepresentation claims. Ordered by Judge Margo K. Brodie on 8/2/2017. (Haji, Sara)
February 8, 2017 Opinion or Order Filing 30 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)
February 8, 2017 Opinion or Order ORDER granting #28 Motion to Consolidate Cases Motion 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)
February 8, 2017 Opinion or Order 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)
January 18, 2017 Filing 29 MEMORANDUM in Support re #28 Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes filed by Gerber Products Co.. (Castello, Geoffrey)
January 18, 2017 Filing 28 Consent MOTION to Consolidate Cases for Discovery and Pretrial Purposes by Gerber Products Co.. (Attachments: #1 Proposed Order) (Castello, Geoffrey)
January 9, 2017 Filing 27 Notice of Related Case indicated on the Civil Cover Sheet in Case No. 17-cv-00093. (Flanagan, Doreen)
October 28, 2016 Filing 26 REPLY in Support re #22 MOTION to Dismiss / Notice of Defendant Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations from Plaintiffs' Class Action Complaint filed by Gerber Products Co.. (Castello, Geoffrey)
October 28, 2016 Filing 25 MEMORANDUM in Opposition re #22 MOTION to Dismiss / Notice of Defendant Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations from Plaintiffs' Class Action Complaint filed by Jeremy Greene, Cetaria Wilkerson. (Attachments: #1 Declaration, #2 Exhibit) (Greaves, Miles)
October 28, 2016 Filing 24 AFFIDAVIT/DECLARATION in Support re #22 MOTION to Dismiss / Notice of Defendant Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations from Plaintiffs' Class Action Complaint filed by Gerber Products Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Castello, Geoffrey)
October 28, 2016 Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss / Notice of Defendant Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations from Plaintiffs' Class Action Complaint filed by Gerber Products Co.. (Castello, Geoffrey)
October 28, 2016 Filing 22 MOTION to Dismiss / Notice of Defendant Gerber Products Co.'s Motion to Dismiss, Stay and Strike Allegations from Plaintiffs' Class Action Complaint by Gerber Products Co.. (Castello, Geoffrey)
October 28, 2016 Filing 21 Corporate Disclosure Statement by Gerber Products Co. identifying Corporate Parent Nestle S.A., Corporate Parent Nestle Holdings, Inc. for Gerber Products Co.. (Castello, Geoffrey)
October 21, 2016 Opinion or Order ORDER as to #20 stipulation regarding briefing schedule. Defendant is directed to file any reply papers in further support of its motion to dismiss on or before October 28, 2016. Ordered by Judge Margo K. Brodie on 10/21/2016. (Haji, Sara)
October 20, 2016 Filing 20 STIPULATION Regarding Briefing Schedule by Gerber Products Co. (Metzinger, Jaclyn)
September 30, 2016 Filing 19 Letter regarding Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion to Dismiss, Stay, and Strike by Jeremy Greene, Cetaria Wilkerson (Greaves, Miles)
August 10, 2016 Filing 18 Letter from Geoffrey W. Castello dated August 10, 2016 regarding service of papers in support of motion to dismiss by Gerber Products Co. (Castello, Geoffrey)
June 30, 2016 Opinion or Order SCHEDULING ORDER: The Court approves the parties' proposed briefing schedule. Defendants shall move to dismiss by August 10, 2016. Plaintiffs shall oppose by September 30, 2016. Defendants shall reply, if at all, by October 21, 2016. As a courtesy to the Court, the parties are requested to file all motion papers on October 21, 2016. Ordered by Judge Margo K. Brodie on 6/30/2016. (Haji, Sara)
June 29, 2016 Filing 17 STIPULATION regarding briefing schedule by Gerber Products Co. (Castello, Geoffrey)
June 28, 2016 Opinion or Order Filing 16 ORDER granting #7 Motion to Appoint Counsel. See attached document. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/28/2016. (Yasunaga, Adrienne)
June 14, 2016 Filing 15 NOTICE of Appearance by E. Michelle Drake on behalf of Jeremy Greene, Cetaria Wilkerson (notification declined or already on case) (Drake, E.)
June 13, 2016 Opinion or Order ORDER granting #12 Motion for Leave to Appear Pro Hac Vice: The attorney, E. Michelle Drake, is permitted to argue or try this case in whole or in part as counsel for Plaintiffs. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/13/2016. (Yasunaga, Adrienne)
June 13, 2016 Opinion or Order ORDER denying #8 request for pre-motion conference. The parties shall confer and file a proposed briefing schedule for the anticipated motion to dismiss. Ordered by Judge Margo K. Brodie on 6/13/2016. (Haji, Sara)
June 10, 2016 Filing 14 NOTICE of Appearance by Marisa Kendra Glassman on behalf of All Plaintiffs (aty to be noticed) (Glassman, Marisa)
June 9, 2016 Filing 13 REPLY in Support re #7 MOTION to Appoint Counsel filed by Jeremy Greene, Cetaria Wilkerson. (Reese, Michael)
June 8, 2016 Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-8669154. by Jeremy Greene, Cetaria Wilkerson. (Attachments: #1 Affidavit of E. Michelle Drake, #2 Certificates of Good Standing) (Drake, E.)
June 8, 2016 Filing 11 NOTICE of Appearance by Jaclyn Marie Metzinger on behalf of Gerber Products Co. (aty to be noticed) (Metzinger, Jaclyn)
June 2, 2016 Filing 10 MEMORANDUM in Opposition re #7 MOTION to Appoint Counsel filed by Gerber Products Co.. (Castello, Geoffrey)
May 26, 2016 Filing 9 Letter dated May 26, 2016, from Miles Greaves to Judge Brodie, responding to Gerbers letter dated May 20, 2016, by Jeremy Greene, Cetaria Wilkerson (Greaves, Miles)
May 20, 2016 Filing 8 Letter dated May 20, 2016 from David Zalman to Judge Brodie, requesting a conference re Gerber's proposed motion to dismiss Plaintiff's Complaint by Gerber Products Co. (Zalman, David)
May 16, 2016 Filing 7 MOTION to Appoint Counsel by Jeremy Greene. (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)
March 21, 2016 Filing 6 WAIVER OF SERVICE Returned Executed by Jeremy Greene, Cetaria Wilkerson. Gerber Products Co. waiver sent on 3/21/2016, answer due 5/20/2016. (Greaves, Miles)
March 11, 2016 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr as related to 15cv2995 for all further proceedings. Judge Edward R. Korman, Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Carol Bagley Amon on 3/11/2016. (Bowens, Priscilla)
March 9, 2016 Filing 5 Notice of Related Case (Davis, Kimberly)
March 9, 2016 Filing 4 Summons Issued as to Gerber Products Co.. (Davis, Kimberly)
March 9, 2016 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
March 9, 2016 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
March 9, 2016 Case Assigned to Judge Edward R. Korman and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)
March 8, 2016 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-8436857 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jeremy Greene, Cetaria Wilkerson. (Attachments: #1 Civil Cover Sheet, #2 Notice of Related Case Designation, #3 Proposed Summons, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (Greaves, Miles)

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Search for this case: Greene et al v. Gerber Products Co.
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Defendant: Gerber Products Co.
Represented By: Jaclyn Marie Metzinger
Represented By: Geoffrey White Castello, III
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Defendant: Gerber Products Co. a corporation doing business as Nestle Nutrition doing business as Nestle Infant Nutrition doing business as Nestle Nutrition North America
Represented By: Jaclyn Marie Metzinger
Represented By: Geoffrey White Castello, III
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Plaintiff: Greene
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Plaintiff: Cetaria Wilkerson
Represented By: Brett H. Cebulash
Represented By: E. Michelle Drake
Represented By: Eric Lechtzin
Represented By: Kevin S. Landau
Represented By: George Volney Granade, II
Represented By: John A. Yanchunis
Represented By: Marisa Kendra Glassman
Represented By: Shanon J Carson
Represented By: Miles Greaves
Represented By: Sarah R. Schalman-Bergen
Represented By: Michael Robert Reese
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Plaintiff: Jeremy Greene
Represented By: Brett H. Cebulash
Represented By: E. Michelle Drake
Represented By: Eric Lechtzin
Represented By: Kevin S. Landau
Represented By: George Volney Granade, II
Represented By: John A. Yanchunis
Represented By: Marisa Kendra Glassman
Represented By: Shanon J Carson
Represented By: Miles Greaves
Represented By: Sarah R. Schalman-Bergen
Represented By: Michael Robert Reese
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