Jackson-Mau v. Walgreen Co.
| Theda Jackson-Mau |
| Walgreen Co. and International Vitamin Corporation |
| 1:2018cv04868 |
| August 27, 2018 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Vera M Scanlon |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 155 CLERK'S JUDGMENT in favor of International Vitamin Corporation, Walgreen Co. against Theda Jackson-Mau. ORDERED and ADJUDGED that Defendants' motion for summary judgment is granted and Jackson-Mau's motion for partial summary judgment is denied. (Signed by Jalitza Poveda, Deputy Clerk on 1/25/2023) (SG) |
Filing 154
MEMORANDUM and ORDER: Defendants motion #135 for summary judgment is GRANTED and Jackson-Maus motion #139 for partial summary judgment is DENIED. The Clerk is directed to enter judgment. Ordered by Judge Frederic Block on 1/24/2023. (MI)
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ELECTRONIC ORDER Dismissing as moot plaintiff's motion #103 to certify class; plaintiff's motion #104 for leave to file; defendant's motion #111 to strike; defendant's motion #120 to strike and defendant's motion #128 to strike. See entry #154 decision on summary judgment. Ordered by Judge Frederic Block on 1/24/2023. (MI)
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| Minute Entry for proceedings held before Judge Frederic Block: Matthew Insley-Pruitt, Esq., Carl Stine, Esq. and Philip Black, Esq. for the plaintiff and Courtney Peterson, Esq.; Darci Madden, Esq. & Liz Blackwell, Esq. for the defendants, all present. Oral argument held on 1/18/2023. Defendant's pending motion #135 for summary judgment and plaintiffs cross motion for partial #139 summary judgment were discussed. The court reserves decision. Plaintiff's letter application #151 requesting a pre-motion conference was discussed and plaintiff is permitted to make their motion. (Court Reporter: Avery Armstrong 718 613 2419) (MI) |
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ELECTRONIC ORDER: Granting plaintiff's letter application #151 for pre motion conference to serve and file a motion to substitute lead plaintiff for the reason stated at the oral argument on January 18, 2023. By January 25, 2023 counsel shall file a letter with their agreed upon briefing schedule. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall serve and file their fully briefed motion according to J. Blocks motion rules. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 1/18/2023. (MI)
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| Filing 153 RESPONSE to Motion re #151 Letter MOTION for pre motion conference regarding Motion to Intervene Defendants' Response to Plaintiff's Letter Motion for Pre Motion Conference Regarding Motion to Intervene filed by International Vitamin Corporation, Walgreen Co.. (Madden, Darci) |
| Filing 152 Letter Requesting Continuation of Hearing by International Vitamin Corporation, Walgreen Co. (Peterson, Courtney) |
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ELECTRONIC ORDER: Defendant's letter application #152 will be discussed at the in person oral argument scheduled on January 18, 2023 @ 3:00 pm. Ordered by Judge Frederic Block on 1/10/2023. (MI)
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| Filing 151 Letter MOTION for pre motion conference regarding Motion to Intervene by Theda Jackson-Mau. (Stine, Carl) |
| Filing 150 Letter MOTION to Adjourn Conference / Request For Adjournment Of Parties Motions For Summary Judgment by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
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ELECTRONIC ORDER: Defendant's letter application #150 with the consent of the plaintiff is GRANTED. The in person oral argument scheduled for December 12, 2022 is adjourned to January 18, 2023 at 3:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person oral argument. Ordered by Judge Frederic Block on 12/7/2022. (MI)
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| Set/Reset Hearings: In Person Oral Argument set for 1/18/2023 03:00 PM before Judge Frederic Block. (MI) |
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SCHEDULING ORDER: The Court is scheduling an in person oral argument for December 12, 2022 at 4:00 P.M. as to defendant International Vitamin's pending motion #135 for summary judgment and plaintiff's pending motion #139 for summary judgment. Upon receipt of this email counsel shall confirm with each other the date and time of this in person oral argument. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person oral argument and then file a letter application. Ordered by Judge Frederic Block on 12/6/2022. (MI)
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| Set/Reset Hearings: In Person Oral Argument set for 12/12/2022 04:00 PM before Judge Frederic Block. (MI) |
| Filing 149 EXHIBIT 24 (Sealed Exhibits) by International Vitamin Corporation, Walgreen Co.. Related document: Order on Motion for Leave to Electronically File Document under Seal,,. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit U, #5 Exhibit V) (Peterson, Courtney) |
| Filing 147 EXHIBIT E (Sealed Exhibits) by Theda Jackson-Mau. Related document: Order on Motion for Leave to Electronically File Document under Seal,,. (Attachments: #1 Exhibit K, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit FF) (Insley-Pruitt, Matthew) |
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ELECTRONIC ORDER: Granting Plaintiff's motion #136 for leave to electronically file under seal Exhibits 26 thru 29 to Darci Madden's declaration in support of the defendant's motion for summary judgment. Exhibits E and K to Matthew Insley-Pruitt's declaration in support of the plaintiff's motion for summary judgment and Exhibit FF to the reply declaration of Matthew Insley-Pruitt's in support of the plaintiff's motion for summary judgment. 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 Frederic Block on 8/24/2022. (Innelli, Michael)
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| Filing 146 RULE 56.1 STATEMENT re #135 MOTION for Summary Judgment / Supplemental Declaration Of Darci F. Madden In Support Of Defendants' Reply To Objections And Responses filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 1 Excerpts From 05/12/21 Deposition Of Sarah Murphy, #2 Exhibit 2 Excerpts From 05/13/21 Deposition Of Rich Connor, #3 Exhibit 3 Excerpts From 01/25/22 Deposition Of Darryl Sullivan, #4 Exhibit 4 Excerpts From 01/07/22 Deposition Of Glen Jckson, #5 Exhibit 5 Excerpts From 01/13/22 Deposition Of Derek Beauchamp, #6 Exhibit 6 Excerpts From 06/17/21 Deposition Of Neil Spingarn, #7 Exhibit 7 Excerpts From 01/05/22 Deposition Of Olivier Bruyere) (Peterson, Courtney) |
| Filing 145 RULE 56.1 STATEMENT re #135 MOTION for Summary Judgment / Defendants' Reply To Plaintiff's Objections And Responses filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 144 REPLY in Support re #135 MOTION for Summary Judgment filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 143 RULE 56.1 STATEMENT re #135 MOTION for Summary Judgment / Plaintiff's Objections And Responses To Defendants' Statement Of Uncontroverted Material Facts filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 142 MEMORANDUM in Opposition re #135 MOTION for Summary Judgment filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 141 AFFIDAVIT/DECLARATION in Opposition re #135 MOTION for Summary Judgment / Declaration Of Matthew Insley-Pruitt filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A Expert Report Of Neil Spingarn, #2 Exhibit B Expert Report Of Glen Jackson, #3 Exhibit C Excerpts From 04/21/21 Deposition Of Derek Beauchamp, #4 Exhibit D Excerpts From 01/13/22 Deposition Of Derek Beauchamp, #5 Exhibit E Excerpts From 04/19/21 Deposition Of Darryl Sullivan, #6 Exhibit F Declaration Of Darryl Sullivan, #7 Exhibit G Excerpts From 01/25/22 Deposition Of Darryl Sullivan, #8 Exhibit H Excerpts From 04/20/21 Deposition Alexander Klibanov, #9 Exhibit I Declaration Of Alexander Klibanov, #10 Exhibit J Excerpts From 01/12/22 Deposition Of Alexander Klibanov, #11 Exhibit K Excerpts From Proceedings 19-5526, #12 Exhibit L Origin Of Goods, #13 Exhibit M Information Leaflet, #14 Exhibit N Excerpts From 01/10/22 Deposition Of Neil Spingarn, #15 Exhibit O Excerpts From 01/07/22 Deposition Of Glen Jackson, #16 Exhibit P US Pharmacopeia Correspondence, #17 Exhibit Q MilliporeSigma Correspondence, #18 Exhibit R IVC's Supplemental Responses To Interrogatories, #19 Exhibit S Plaintiff's 07/30/21 Request For Production, #20 Exhibit T IVC's Response To Request For Production, #21 Exhibit U Document Stamped IVC-00000034, #22 Exhibit V Document Stamped Flowcharts, #23 Exhibit W Expert Report Of Olivier Bruyere, #24 Exhibit X Excerpts From 10/26/20 Deposition Of Theda Jackson-Mau, #25 Exhibit Y Excerpts From 01/14/22 Deposition Of Jesse David, #26 Exhibit Z Excerpts From 01/13/22 Deposition Of Merrill Gershwin, #27 Exhibit AA Expert Report Of Alexander Klibanov) (Peterson, Courtney) |
| Filing 140 RULE 56.1 STATEMENT re #135 MOTION for Summary Judgment filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 139 Fully Briefed MOTION for Summary Judgment (Partial) by Theda Jackson-Mau. (Attachments: #1 Rule 56.1 Statement (Plaintiff's Statement), #2 Memorandum in Support, #3 Declaration of Matthew Insley-Pruitt, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Rule 56.1 Statement (Defendants' Response and Additional Statement), #19 Memorandum in Opposition, #20 Declaration of Darci F. Madden, #21 Exhibit 1, #22 Exhibit 2, #23 Exhibit 3, #24 Exhibit 4, #25 Exhibit 5, #26 Exhibit 6, #27 Exhibit 7, #28 Exhibit 8, #29 Exhibit 9, #30 Exhibit 10, #31 Exhibit 11, #32 Exhibit 12, #33 Exhibit 13, #34 Exhibit 14, #35 Exhibit 15, #36 Exhibit 16, #37 Exhibit 17, #38 Exhibit 18, #39 Exhibit 19, #40 Exhibit 20, #41 Exhibit 21, #42 Exhibit 22, #43 Exhibit 23, #44 Exhibit 24, #45 Exhibit 25, #46 Exhibit 26, #47 Exhibit 27, #48 Exhibit 28, #49 Exhibit 29, #50 Exhibit 30, #51 Exhibit 31, #52 Exhibit 32, #53 Exhibit 33, #54 Exhibit 34, #55 Exhibit 35, #56 Exhibit 36, #57 Exhibit 37, #58 Rule 56.1 Statement (Plaintiff's Response to Additional Statement), #59 Memorandum in Support (Reply), #60 Declaration of Matthew Insley-Pruitt, #61 Exhibit O, #62 Exhibit P, #63 Exhibit Q, #64 Exhibit R, #65 Exhibit S, #66 Exhibit T, #67 Exhibit U, #68 Exhibit V, #69 Exhibit W, #70 Exhibit X, #71 Exhibit Y, #72 Exhibit Z, #73 Exhibit AA, #74 Exhibit BB, #75 Exhibit CC, #76 Exhibit DD, #77 Exhibit EE, #78 Exhibit FF, #79 Exhibit GG, #80 Exhibit HH, #81 Exhibit II, #82 Exhibit JJ, #83 Exhibit KK) (Insley-Pruitt, Matthew) |
| Filing 138 MEMORANDUM in Support re #135 MOTION for Summary Judgment filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 137 AFFIDAVIT/DECLARATION in Support re #135 MOTION for Summary Judgment / Declaration Of Darci F. Madden filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 1 Expert Report Of Darryl Sullivan, #2 Exhibit 2 Excerpts From 01/25/22 Deposition Of Darryl Sullivan, #3 Exhibit 3 Article Authored By Joseph M. Betz, #4 Exhibit 4 Copy Of AOAC Official Method, #5 Exhibit 5 Study By Joseph ZiQi- Determination Of Glucosamine, #6 Exhibit 6 Study Of Joseph ZiQi- Single Laboratory Validation, #7 Exhibit 7 Amended Class Action Complaint, #8 Exhibit 8 Excerpts From 10/26/20 Deposition Of Theda Jackson-Mau, #9 Exhibit 9 Plaintiff's Responses And Objections To Interrogatories, #10 Exhibit 10 Expert Report Of Jesse David, #11 Exhibit 11 Excerpts From 01/14/22 Deposition Of Jesse David, #12 Exhibit 12 Plaintiff's Responses And Objections To Requests For Admission, #13 Exhibit 13 Document Bates Numbered JACKSON00000003, #14 Exhibit 14 Plaintiff's Initial Disclosures, #15 Exhibit 15 Expert Report Of Neil Spingran, #16 Exhibit 16 Excerpts From 01/10/22 Deposition Of Neil Spingarn, #17 Exhibit 17 Excerpts From 04/07/21 Deposition Of Neil Spingarn, #18 Exhibit 18 Excerpts From 06/17/21 Deposition Of Neil Spingarn, #19 Exhibit 19 Excerpts From 03/30/21 Deposition Of Christopher French, #20 Exhibit 20 Attachment 6 To Expert Report Of Neil Spingarn, #21 Exhibit 21 Declaration Of Neil Spingarn, #22 Exhibit 22 Excerpts From 01/07/22 Deposition Of Glen Jackson, #23 Exhibit 23 Curriculum Vitae Of Darryl Sullivan, #24 Exhibit 24 Yangzhou Mingzeng Certificates Of Analysis, #25 Exhibit 25 IVCN Certificates Of Analysis, #26 Exhibit 26 IVCN Certificate Of Analysis For 1000mg Tablet, #27 Exhibit 27 Covance/Eurofins Test Results, #28 Exhibit 28 Copy Of USP 41 Glucosamine Sulfate, #29 Exhibit 29 Documents Bates Numbered PLTFS-WLMRT000080-92, #30 Exhibit 30 Documents Bates Numbered PLTFS-WLMRT000105-110, #31 Exhibit 31 Excerpts From Evidentiary Hearing, #32 Exhibit 32 Expert Report Of Alexander Klibanov, #33 Exhibit 33 Excerpts From 01/12/22 Deposition Of Alexander Klibanoc, #34 Exhibit 34 Expert Report Of M. Eric Gershwin, #35 Exhibit 35 Excerpts From 01/13/22 Deposition Of M. Eric Gershwin, #36 Exhibit 36 Excerpts From 04/21/21 Deposition Of Jesse David, #37 Exhibit 37 Excerpts From 04/20/21 Deposition Of Alexander Klibanov) (Peterson, Courtney) |
| Filing 136 MOTION for Leave to Electronically File Document under Seal by Theda Jackson-Mau. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Insley-Pruitt, Matthew) |
| Filing 135 MOTION for Summary Judgment by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 134 AFFIDAVIT/DECLARATION in Support re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D / Supplemental Declaration Of Darci F. Madden filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 1 Excerpts From 01/05/22 Deposition Of Olivier Bruyere) (Peterson, Courtney) |
| Filing 133 REPLY in Support re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 132 AFFIDAVIT/DECLARATION in Opposition re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D / Declaration Of Matthew Insley-Pruitt filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A Expert Report Of Olivier Bruyere, #2 Exhibit B Excerpts From Deposition Of Olivier Bruyere) (Peterson, Courtney) |
| Filing 131 MEMORANDUM in Opposition re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 130 AFFIDAVIT/DECLARATION in Support re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D / Declaration Of Darci F. Madden filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A Excerpts From 05/05/21 Deposition Of Douglas Oliphant, #2 Exhibit B Plaintiff's Responses First Set Of Interrogatories, #3 Exhibit C Expert Report Of Olivier Bruyere, #4 Exhibit D Excerpts From 01/05/22 Deposition Of Olivier Bruyere, #5 Exhibit E Excerpts From 04/16/21 Deposition Of Olivier Bruyere, #6 Exhibit F Excerpts From 01/14/22 Deposition Of Jesse David) (Peterson, Courtney) |
| Filing 129 MEMORANDUM in Support re #128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 128 MOTION to Strike / Motion To Exclude Plaintiff's Expert Olivier Bruyere, Ph.D by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 127 AFFIDAVIT/DECLARATION in Support re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D / Supplemental Declaration Of Darci F. Madden filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 1 Excerpts From 06/17/21 Deposition Of Neil Spingarn, #2 Exhibit 2 Exhibit 13 From 01/10/22 Deposition Of Neil Spingarn) (Peterson, Courtney) |
| Filing 126 REPLY in Support re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 125 AFFIDAVIT/DECLARATION in Opposition re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D / Declaration Of Matthew Insley-Pruitt filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A Expert Report Of Neil Spingarn, #2 Exhibit B Expert Report Of Glen Jackson, #3 Exhibit C Excerpts From Deposition Of Derek Beauchamp Dated 04/21/21, #4 Exhibit D Excerpts From Deposition Of Derek Beauchamp 01/13/22, #5 Exhibit E Excerpts From Deposition Of Darryl Sullivan, #6 Exhibit F Declaration Of Darryl Sullivan, #7 Exhibit G Excerpts From Deposition Of Darryl Sullivan Dated 01/25/22, #8 Exhibit H Excerpts From Deposition Of Alexander Klibanov Dated 04/20/21, #9 Exhibit I Declaration Of Alexander Klibanov, #10 Exhibit J Excerpts From Deposition Alexander Klibanov Dated 01/12/22, #11 Exhibit K Excerpts From Transcript Of Proceedings 19-5526, #12 Exhibit L Origin Of Goods, #13 Exhibit M Information Leaflet, #14 Exhibit N Excerpts From Deposition Neil Spingarn Dated 01/10/22, #15 Exhibit O Excerpts From Deposition Glen Jackson Dated 01/07/22, #16 Exhibit P US Pharmacopeia Correspondence, #17 Exhibit Q MilliporeSigma Correspondence, #18 Exhibit R IVC Supplemental Responses, #19 Exhibit S Expert Report Of Alexander Klibanov) (Peterson, Courtney) |
| Filing 124 MEMORANDUM in Opposition re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 123 AFFIDAVIT/DECLARATION in Support re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D / Declaration Of Darci F. Madden filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A Excerpts From 04/07/21 Deposition Of Neil Spingarn, #2 Exhibit EX B Part 1- Expert Report Of Darryl Sullivan, #3 Exhibit EX B Part 2- Expert Report Of Darryl Sullivan, #4 Exhibit EX B Part 3- Expert Report Of Darryl Sullivan, #5 Exhibit EX B Part 4- Expert Report Of Darryl Sullivan, #6 Exhibit C Excerpts From 01/10/22 Deposition Of Neil Spingarn, #7 Exhibit D Transcript Of Evidentiary Hearing, #8 Exhibit E Email Dated 04/29/20, #9 Exhibit F Excerpts From 06/17/21 Deposition Of Neil Spingarn, #10 Exhibit G Expert Report Of Neil Spingarn, #11 Exhibit H Excerpts From 03/30/21 Deposition Of Christopher French, #12 Exhibit I Expert Report Of Derek Beauchamp, #13 Exhibit J Declaration Of Neil Spingarn, #14 Exhibit K Excerpts From 01/07/22 Deposition Of Glen Jackson, #15 Exhibit L Expert Repot Of Glen Jackson) (Peterson, Courtney) |
| Filing 122 MOTION for Leave to Electronically File Document under Seal by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 24 To Declaration Of Darci F. Madden, #2 Exhibit 25 To Declaration Of Darci F. Madden, #3 Exhibit 26 To Declaration Of Darci F. Madden, #4 Exhibit 27 To Declaration Of Darci F. Madden, #5 Exhibit U To Declaration Of Matthew Insley-Pruitt, #6 Exhibit V To Declaration Of Matthew Insley-Pruitt) (Peterson, Courtney) |
| Filing 121 MEMORANDUM in Support re #120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 120 MOTION to Strike / Motion To Exclude Plaintiff's Experts Neil Spingarn, Ph.D And Glen Jackson, Ph.D by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 119 Letter Defendants' Letter Response to Plaintiff's Letter regarding Relevant Authority on Class Certification by International Vitamin Corporation, Walgreen Co. (Madden, Darci) |
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ELECTRONIC ORDER: Granting defendant's motion #122 for leave to electronically file under seal Exhibits 24 thru 27 to Darci Madden's declaration in support of defendant's motion for summary judgment. Exhibits U and V to Matthew Insley-Pruitt's declaration in opposition to defendant's motion for summary judgment. 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 Frederic Block on 8/23/2022. (Innelli, Michael) Modified on 8/24/2022 (Innelli, Michael).
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| Filing 118 Letter re relevant authority on class certification by Theda Jackson-Mau (Attachments: #1 Exhibit A, #2 Exhibit B) (Insley-Pruitt, Matthew) |
| Filing 117 ANSWER to #62 Amended Complaint Answer of Defendant International Vitamin Corporation to Amended Class Action Complaint by International Vitamin Corporation. (Madden, Darci) |
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Filing 116
MEMORANDUM and ORDER: Defendant International Vitamin Corporation's motion #86 to dismiss is GRANTED in part, and DENIED in part. The Court sua sponte dismisses the claim for injunctive relief against Walgreen Co. Ordered by Judge Frederic Block on 7/7/2022. (Innelli, Michael)
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| Filing 115 RESPONSE in Opposition re #111 MOTION to Strike #109 Reply in Support, / Request For An Order Striking Exhibits In Plaintiff's Reply In Support Of Request To Take Judicial Notice filed by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 114 Letter Regarding Briefing Schedule by International Vitamin Corporation, Walgreen Co. (Peterson, Courtney) |
| Filing 113 MEMORANDUM in Support re #111 MOTION to Strike #109 Reply in Support, / Request For An Order Striking Exhibits In Plaintiff's Reply In Support Of Request To Take Judicial Notice filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 112 DECLARATION re #111 MOTION to Strike #109 Reply in Support, / Request For An Order Striking Exhibits In Plaintiff's Reply In Support Of Request To Take Judicial Notice / Declaration Of Courtney J. Peterson by International Vitamin Corporation, Walgreen Co. (Attachments: #1 Exhibit 1 Printout Of Webpage With Modify Date Of 2022-05-28) (Peterson, Courtney) |
| Filing 111 MOTION to Strike #109 Reply in Support, / Request For An Order Striking Exhibits In Plaintiff's Reply In Support Of Request To Take Judicial Notice by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
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SCHEDULING ORDER: Defendant's letter application #114 with the consent of the plaintiff is GRANTED. The Court adopts the parties agreed upon briefing schedule. By August 23, 2022 counsel shall file their fully briefed motions for summary judgment and the defendant shall file their fully briefed Daubert motions. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 6/2/2022. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: Matthew Insley-Pruitt, Esq., Carl Stine, Esq & Philip Black, Esq. for the plaintiff and Courtney Peterson, Esq. & Darci Madden, Esq. by telephone for the defendants, all present. Pre-motion conference held on 5/26/2022. Defendants anticipated motion for summary judgment, plaintiffs anticipated motion for partial summary judgment and defendants motion to excluded plaintiffs experts for summary judgment purposes were all discussed. By June 2, 2022 counsel shall file a letter with their agreed upon briefing schedule. Counsel may modify their agreed upon briefing schedule without court approval. Counsel shall file a letter notifying the Court of their modified agreed upon briefing schedule. Counsel shall serve and file their fully briefed motion according to J. Blocks motion rules. The Court does not require a courtesy copy of the motion papers. (Court Reporter: Not Reported) (Innelli, Michael) |
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Filing 110
SCHEDULING ORDER: The defendants letter applications #94 dated 2/16/22; #95 dated 2/16/22; #96 dated 2/16/22 and #97 dated 2/16/22 are all GRANTED. An in person pre motion conference is scheduled for May 26, 2022 @ 3:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 5/20/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-motion Conference set for 5/26/2022 03:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 109 REPLY in Support re #104 MOTION for Leave to File Document - Request for Judicial Notice filed by Theda Jackson-Mau. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Insley-Pruitt, Matthew) |
| Filing 108 MEMORANDUM in Opposition re #104 MOTION for Leave to File Document - Request for Judicial Notice filed by International Vitamin Corporation, Walgreen Co.. (Peterson, Courtney) |
| Filing 107 AFFIDAVIT/DECLARATION in Opposition re #104 MOTION for Leave to File Document - Request for Judicial Notice filed by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit 1 Expert Report Of M. Eric Gershwin, #2 Exhibit 2 Expert Report Of Alex Klibanov, #3 Exhibit 3 Excerpts From Deposition Of M. Eric Gershwin) (Peterson, Courtney) |
| Filing 106 Letter Request For Oral Argument On Plaintiff's Motion For Class Certification (ECF No. 103) by International Vitamin Corporation, Walgreen Co. (Peterson, Courtney) |
| Filing 105 EXHIBIT 7 to MIP Decl. by Theda Jackson-Mau. Related document: Order on Motion for Leave to Electronically File Document under Seal,. (Attachments: #1 Exhibit 9 to MIP Decl., #2 Exhibit 16 to MIP Decl.) (Insley-Pruitt, Matthew) |
| Filing 104 MOTION for Leave to File Document - Request for Judicial Notice by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 103 Fully Briefed MOTION to Certify Class by Theda Jackson-Mau. (Attachments: #1 Memorandum in Support, #2 Declaration of Matthew Insley-Pruitt in Support, #3 Exhibit 1 to MIP Decl., #4 Exhibit 2 to MIP Decl., #5 Exhibit 3 to MIP Decl., #6 Exhibit 4 to MIP Decl., #7 Exhibit 5 to MIP Decl., #8 Exhibit 6 to MIP Decl., #9 Exhibit 7 to MIP Decl., #10 Exhibit 8 to MIP Decl., #11 Exhibit 9 to MIP Decl., #12 Exhibit 10 to MIP Decl., #13 Exhibit 11 to MIP Decl., #14 Exhibit 12 to MIP Decl., #15 Exhibit 13 to MIP Decl., #16 Exhibit 14 to MIP Decl., #17 Exhibit 15 to MIP Decl., #18 Exhibit 16 to MIP Decl., #19 Memorandum in Opposition, #20 Declaration of Darci F. Madden in Opposition, #21 Exhibit 1 to Madden Decl., #22 Exhibit 2 to Madden Decl., #23 Exhibit 3 to Madden Decl., #24 Exhibit 4 to Madden Decl., #25 Exhibit 5 to Madden Decl., #26 Exhibit 6 to Madden Decl., #27 Exhibit 7 to Madden Decl., #28 Exhibit 8 to Madden Decl., #29 Exhibit 9 to Madden Decl., #30 Exhibit 10 to Madden Decl., #31 Exhibit 11 to Madden Decl., #32 Exhibit 12 to Madden Decl., #33 Exhibit 13 to Madden Decl., #34 Exhibit 14 to Madden Decl., #35 Exhibit 15 to Madden Decl., #36 Exhibit 16 to Madden Decl., #37 Exhibit 17 to Madden Decl., #38 Memorandum in Support (Reply)) (Insley-Pruitt, Matthew) |
| Filing 102 MOTION for Leave to Electronically File Document under Seal pursuant to Stipulated Protective Order by Theda Jackson-Mau. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Insley-Pruitt, Matthew) |
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ELECTRONIC ORDER: Plaintiff's motion #102 for leave to electronically file exhibits 7, 9 and 16 to the Declaration of Matthew Insley-Pruitt in support of plaintiff's motion for class certification is GRANTED. 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 Frederic Block on 4/14/2022. (Innelli, Michael)
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| Filing 101 RESPONSE in Opposition re #96 Letter MOTION for pre motion conference / Request For Pre-Motion Conference Regarding Motion For Summary Judgment filed by Theda Jackson-Mau. (Stine, Carl) |
| Filing 100 RESPONSE in Opposition re #95 Letter MOTION for pre motion conference / Request For Pre-Motion Conference For Motion To Exclude Plaintiff's Expert Olivier Bruyere filed by Theda Jackson-Mau. (Stine, Carl) |
| Filing 99 RESPONSE in Opposition re #94 Letter MOTION for pre motion conference / Request For Pre-Motion Conference For Motion To Exclude Plaintiff's Experts Neil Spingarn And Glen Jackson filed by Theda Jackson-Mau. (Stine, Carl) |
| Filing 98 RESPONSE in Opposition re #97 Letter MOTION for pre motion conference re: Plaintiff's Motion for Summary Judgment filed by International Vitamin Corporation, Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 97 Letter MOTION for pre motion conference re: Plaintiff's Motion for Summary Judgment by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 96 Letter MOTION for pre motion conference / Request For Pre-Motion Conference Regarding Motion For Summary Judgment by International Vitamin Corporation, Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 95 Letter MOTION for pre motion conference / Request For Pre-Motion Conference For Motion To Exclude Plaintiff's Expert Olivier Bruyere by International Vitamin Corporation, Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 94 Letter MOTION for pre motion conference / Request For Pre-Motion Conference For Motion To Exclude Plaintiff's Experts Neil Spingarn And Glen Jackson by International Vitamin Corporation, Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 93 Letter Regarding Close of Discovery by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 92 Letter Regarding Close of Discovery by International Vitamin Corporation, Walgreen Co. (Madden, Darci) |
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ORDER: The parties' Motion for Extension of Time to Complete Discovery #91 , filed on consent, is hereby granted. The deadline to complete expert discovery is extended to 1/26/2022, and deadline to certify the close of discovery on ECF is extended to 1/27/2022. Ordered by Magistrate Judge Taryn A. Merkl on 1/12/2022. (Cahn, Gabriel)
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| Filing 91 Letter MOTION for Discovery / Request To Extend The Deadline For The Completion Of Discovery by International Vitamin Corporation, Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 90 STATUS REPORT Joint Status Report by International Vitamin Corporation, Walgreen Co. (Madden, Darci) |
| Filing 89 REPLY in Support re #86 MOTION to Dismiss for Failure to State a Claim / Motion To Dismiss Amended Class Action Complaint filed by International Vitamin Corporation. (Peterson, Courtney) |
| Filing 88 MEMORANDUM in Opposition re #86 MOTION to Dismiss for Failure to State a Claim / Motion To Dismiss Amended Class Action Complaint filed by International Vitamin Corporation. (Peterson, Courtney) |
| Filing 87 MEMORANDUM in Support re #86 MOTION to Dismiss for Failure to State a Claim / Motion To Dismiss Amended Class Action Complaint filed by International Vitamin Corporation. (Peterson, Courtney) |
| Filing 86 MOTION to Dismiss for Failure to State a Claim / Motion To Dismiss Amended Class Action Complaint by International Vitamin Corporation. (Attachments: #1 Declaration Of Courtney J. Peterson, #2 Exhibit 1 Amended Complaint) (Peterson, Courtney) |
| Filing 85 TRANSCRIPT of Proceedings held on September 29, 2021, before Judge Merkl. Court Reporter/Transcriber Opti-Script, Inc., Telephone number 800-494-7500. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/5/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/13/2022. (Hong, Loan) |
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Minute Entry and Order: A telephonic Status Conference was held on 9/29/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Carl Stine and Philip Black for Plaintiff, and Darci Madden and Bieta Andemariam for Defendants. The parties represented, as they have in their recent submissions to the Court, see ECF Nos. #79 , #80 , #83 , that they disagree as to the appropriate scope of remaining discovery necessary at this stage of the case. As discussed on the record, a compromise was reached to permit additional discovery relevant to Plaintiff's potential class certification motion, noting that additional discovery may be necessary should such motion ultimately be granted. For the reasons discussed on the record, for the time period from May 2018 to the present, Defendant IVC is respectfully directed to produce: (1) a list of IVC products containing glucosamine sulfate and/or glucosamine hydrochloride; (2) a list of manufacturers who produced such products for IVC; (3) a list of raw material suppliers; (4) one-page flow charts pertaining to the production of these products; and (5) if possible, sales and quantity info for distribution of these products for New York State. The parties are further directed to file a joint Status Report on or before 10/29/2021, updating the Court as to the progress on this limited additional discovery. In addition, the parties are respectfully directed to meet and confer in a good faith effort to resolve and narrow any outstanding or future discovery disputes. See Fed. R. Civ. P. 37(a). In light of the conference today and the compromises reached, the motions pending at ECF Nos. #79 and #80 are terminated as moot without prejudice. Ordered by Magistrate Judge Taryn A. Merkl on 9/29/2021. (AT&T Log #2:19-3:13.) (Cahn, Gabriel)
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| Filing 84 Letter In Response To Plaintiff's September 21, 2021 Discovery Letter by International Vitamin Corporation, Walgreen Co. (Attachments: #1 Exhibit A Order Dated 06/15/2021, #2 Exhibit B Order Dated 08/17/2021) (Madden, Darci) |
| Filing 83 Letter re: Discovery Conference (ECF No. 80) by Theda Jackson-Mau (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Insley-Pruitt, Matthew) |
| Filing 82 Letter Confirming IVC's Intent To File Motion To Dismiss With Agreed Upon Briefing Schedule by International Vitamin Corporation, Walgreen Co. (Sternhell Blackwell, Ann) |
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SCHEDULING ORDER: The Court adopts the parties agreed upon #82 briefing schedule. By October 26, 2021 the defendant shall file their fully briefed motion to dismiss the amended complaint. Counsel shall follow J. Block's motion rules, specifically section 2(D) when filing their motions. The Court does not require a courtesy copy of the motion papers. Ordered by Judge Frederic Block on 9/15/2021. (Innelli, Michael)
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| Minute Entry for proceedings held before Judge Frederic Block: Matthew Insley-Pruitt, Esq., Carl Stine, Esq. & Philip Black, Esq. for the plaintiff and Ann Sternhell Blackwell, Esq. & Bieta Andemariam, Esq. for the defendants, all present. Pre-motion conference held on 9/8/2021. Defendant International Vitamin Corps anticipated motion to dismiss the amended complaint; plaintiffs anticipate motions for class certification and to stay the action pending an appeal in the 9th Circuit were all discussed. The court will not stay this action. By September 15, 2021 the defendants will notify the court by letter whether they wish to still pursue their motion to dismiss and if so, then the parties agreed upon briefing schedule. Counsel shall serve and file their fully briefed motion according to J. Blocks motion rules. The Court does not require courtesy copy of the motion papers. (Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 81 Letter MOTION for pre motion conference by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A 06/15/2021 Order, #2 Exhibit B 08/17/2021 Order) (Sternhell Blackwell, Ann) |
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SCHEDULING ORDER: Defendant International Vitamin Corporation's letter application #81 is GRANTED. Defendant International Vitamin Corporation's letter application will be discussed at the in person pre-motion conference scheduled on September 8, 2021 @ 3:00PM. Ordered by Judge Frederic Block on 9/3/2021. (Innelli, Michael)
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SCHEDULING ORDER: The in person pre-motion conference scheduled for September 8, 2021 will take place at 3:00 PM, instead of 11:00 AM, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new time for the in person conference scheduled on September 8, 2021. Ordered by Judge Frederic Block on 9/2/2021. (Innelli, Michael)
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SCHEDULING ORDER: A telephonic Status Conference will be held on 9/29/2021 at 2:15 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 8/31/2021. (Chan, Kaity)
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| Filing 80 Letter MOTION for pre motion conference (Refiled to include Exhibits) by International Vitamin Corporation, Walgreen Co.. (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Hearing Transcript, #3 Exhibit C - Amended Notice of Rule 30(b)(6) Deposition to Walgreen, #4 Exhibit 1 - Notice of Rule 30(b)(6) Deposition, #5 Exhibit 2 - Amended 30(b)(6) Notice to Walgreens, #6 Exhibit 3 - Walgreens Response to Plaintiffs Interrogatories) (Madden, Darci) |
| Filing 79 MOTION for pre motion conference by International Vitamin Corporation, Walgreen Co.. (Madden, Darci) |
| Filing 78 Letter MOTION for pre motion conference concerning Plaintiff's intention to move for a stay by Theda Jackson-Mau. (Attachments: #1 Exhibit) (Stine, Carl) |
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ELECTRONIC ORDER: Plaintiff's letter application #78 is GRANTED. The application will be discussed at the in person pre-motion conference scheduled on September 8, 2021 @ 11:00am. Ordered by Judge Frederic Block on 8/26/2021. (Innelli, Michael)
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| Filing 77 MOTION to Withdraw as Attorney Sean Zaroogian by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
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ORDER: Motion to Withdraw as Attorney #77 is hereby granted. Attorney Sean Michael Zaroogian terminated. Ordered by Magistrate Judge Taryn A. Merkl on 8/10/2021. (Cahn, Gabriel)
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| Filing 76 TRANSCRIPT of Proceedings held on January 6, 2021, before Judge Scanlon. Court Reporter/Transcriber Opti-Script, Inc. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/30/2021. Redacted Transcript Deadline set for 9/9/2021. Release of Transcript Restriction set for 11/8/2021. (Hong, Loan) |
| Filing 75 TRANSCRIPT of Proceedings held on July 21, 2021, before Judge Merkl. Court Reporter/Transcriber Opti-Script, Inc., Telephone number 865-566-7036. Email address: production@opti-script.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/6/2021. Release of Transcript Restriction set for 11/4/2021. (Hong, Loan) |
| Filing 74 NOTICE of Appearance by Stefani L Wittenauer on behalf of International Vitamin Corporation (aty to be noticed) (Wittenauer, Stefani) |
| Filing 73 NOTICE of Appearance by Darci F Madden on behalf of International Vitamin Corporation (aty to be noticed) (Madden, Darci) |
| Filing 72 NOTICE of Appearance by Bieta Andemariam on behalf of International Vitamin Corporation (aty to be noticed) (Andemariam, Bieta) |
| Filing 71 NOTICE of Appearance by Courtney Janae Peterson on behalf of International Vitamin Corporation (aty to be noticed) (Peterson, Courtney) |
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Minute Entry and Order: A telephonic status conference was held on 7/21/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Matthew Insley-Pruitt and Summer Associate Rachel Nickels for plaintiff and Darci Madden and Bieta Andemariam for defendants. The Court notes that Ms. Madden and Ms. Andemariam are not listed on the docket as attorneys of record for defendant International Vitamin Corporation, and requested that the omission be corrected on ECF. Discussion held regarding the possibility of additional discovery as to defendant Walgreens. For the reasons stated on the record, the Court finds that limited additional discovery is warranted in light of the timing and procedural posture of this case, including the recently-filed Amended Complaint (ECF No. 62). For the reasons stated on the record, the Motion for Protective Order #60 is terminated as moot. Plaintiff is directed to serve a revised Rule 30(b)(6) notice to Defendant Walgreens by 8/20/2021. In addition, as decided on the record, the deadlines for discovery against Defendant Walgreens as to the product identified in the Amended Complaint (ECF No. 62, paragraph 4) are extended as follows. All fact discovery shall be completed by 10/22/2021. Plaintiff's expert reports shall be due by 11/8/2021. Defendants' expert reports shall be due by 12/13/2021. Expert discovery shall be completed by 1/18/2022. The parties are directed to certify the close of discovery on ECF by 1/25/2022. The last date to take the first step in dispositive motion practice is 2/18/2022, and should be done in accordance with Judge Frederic Block's Individual Rules and Practices. So Ordered by Magistrate Judge Taryn A. Merkl on 7/21/2021. (AT&T Log #2:12-3:02.) (Devanathan, Deepa)
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SCHEDULING ORDER: Plaintiff's letter application #70 dated 7/16/21 is GRANTED. Plaintiff's application will be discussed at the in person pre-motion conference scheduled on September 8, 2021 @ 11:00AM. Ordered by Judge Frederic Block on 7/19/2021. (Innelli, Michael)
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| Filing 70 Letter Seeking Pre Motion Conference on Class Certification by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 69 Letter /Joint Discovery Letter by International Vitamin Corporation, Walgreen Co. (Sternhell Blackwell, Ann) |
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Filing 68
SCHEDULING ORDER: Defendant International Vitamin Corp.'s letter application #66 dated 6/18/21 is GRANTED. An in person pre motion conference is scheduled for September 8, 2021 @ 11:00AM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 7/6/2021. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-Motion Conference set for 9/8/2021 11:00 AM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: A telephonic Status Conference will be held on 7/21/2021 at 2:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The security code is 184868. The parties shall dial in five (5) minutes before the scheduled conference. In advance of the Status Conference, the parties are respectfully directed to meet and confer in a good faith effort to resolve any outstanding discovery disputes, including but not limited to those addressed by the parties in Dkt. Nos. #60 , #61 , #63 , and #64 . See Fed. R. Civ. P. 37(a). Ordered by Magistrate Judge Taryn A. Merkl on 6/30/2021. (Cahn, Gabriel)
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| Filing 67 Letter in Response to IVC Pre-Motion Conference Letter by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Vera M. Scanlon no longer assigned to the 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. Motions referred to Taryn A. Merkl. (Mahoney, Brenna) |
| Filing 66 Letter MOTION for pre motion conference regarding motion to dismiss by International Vitamin Corporation. (Sternhell Blackwell, Ann) |
| Filing 65 ANSWER to #62 Amended Complaint by Walgreen Co.. (Peterson, Courtney) |
| Filing 64 Letter revised joint proposed scheduling order by Walgreen Co. (Sternhell Blackwell, Ann) |
| Filing 63 Letter Regarding Deposition Dispute by Walgreen Co. (Attachments: #1 Exhibit A Rule 30(b)(6) Notice, #2 Exhibit B Walgreens' Responses To Requests For Production, #3 Exhibit C IVC's Objections To Subpoena And Notice Of Deposition, #4 Exhibit D Email From Darci Madden, Esq.) (Sternhell Blackwell, Ann) |
| Filing 62 AMENDED COMPLAINT against Walgreen Co., International Vitamin Corporation, filed by Theda Jackson-Mau. (Stine, Carl) |
| Status Report due by 5/25/2021. (Quinlan, Krista) |
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ORDER: The parties are to meet and confer by telephone or video conference on or before 5/21/21 as to their 30(b)(6) deposition dispute. On or before 5/25/21, counsel are to submit a joint letter as to the status of their dispute if it remains unresolved. The letter should state their respective positions as to any outstanding deposition issue. Ordered by Magistrate Judge Vera M. Scanlon on 5/17/2021. (Scanlon, Vera)
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| Filing 61 Letter re Protective Order by Theda Jackson-Mau (Stine, Carl) |
| Filing 60 Letter MOTION for Protective Order by Walgreen Co.. (Attachments: #1 Exhibit A Notice Of Deposition, #2 Exhibit B Response To Request For Production) (Sternhell Blackwell, Ann) |
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Filing 59
ORDER granting #44 Motion to Amend/Correct/Supplement. Plaintiff will file her amended complaint within 14 days of the date of this Order and will serve the complaint on the new defendant within 45 days of the date of this order. On or before June 1, 2021, the parties must file a joint letter with a revised proposed scheduling order. Ordered by Magistrate Judge Vera M. Scanlon on 5/6/2021. (Lozar, Ryan)
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| Filing 58 TRANSCRIPT of Proceedings held on February 24, 2021, before Judge Scanlon. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 5/31/2021. Release of Transcript Restriction set for 7/27/2021. (Hong, Loan) |
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ORDER granting #55 Motion for Extension of Time to Complete Discovery. As discussed during the 2/24/2021 conference, fact discovery closes on 5/14/2021. All discovery must be completed by 9/10/2021. On or before 9/10/2021, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/8/2021, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 11/5/2021, the Parties will file their joint Proposed Pretrial Order. Counsel are encouraged to continue settlement discussions. If they would like a referral to the Court's ADR program, they should submit a joint request by letter. To the extent that either or both parties seek discovery containing personal information in the possession of a party about a nonparty, or confidential nonparty discovery, counsel are encouraged to address the issue as promptly as possible given the limited length of their discovery schedule. Ordered by Magistrate Judge Vera M. Scanlon on 2/24/2021. (Quinlan, Krista).
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 2/24/2021. Matthew Insley-Pruitt, Carl Lester Stine and Philip M. Black appearing for Plaintiff. Darci F Madden and Ann Elizabeth Sternhell Blackwell appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:20-3:01.) (Quinlan, Krista) |
| Filing 57 Letter in Further Support of Motion to Amend by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 56 Letter Regarding Opposition To Plaintiff's Motion To Amend by Walgreen Co. (Sternhell Blackwell, Ann) |
| Filing 55 Joint MOTION for Extension of Time to Complete Discovery by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 54 Letter Regarding Supplemental Support of Plaintiff's Motion to Amend by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
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SCHEDULING ORDER: A Telephone Conference is set for 2/24/2021 at 2:15 PM before Magistrate Judge Vera M. Scanlon. This Court notes that this Scheduling Order has been entered on the dockets for both 18cv4868 Jackson-Mau and 21mc199 Jackson-Mau and all counsel are expected to appear. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 1/19/2021. (Quinlan, Krista)
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| Filing 53 Letter Regarding Supplemental Opposition To Plaintiff's Motion To Amend by Walgreen Co. (Sternhell Blackwell, Ann) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 1/6/2021. Matthew Insley-Pruitt, Philip M. Black and Carl Lester Stine appearing for Plaintiff. Darci Madden, Ann Elizabeth Sternhell Blackwell and Bieta Andemariam appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:45-3:34.) (Quinlan, Krista) |
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ORDER granting #45 Motion to Seal Document ; granting #46 Motion to Seal; granting in part and denying in part #49 Motion for Discovery. As discussed during the 1/6/201 conference, granting Defendant's motions #45 , #46 to file Defendant's Exhibit 2 with redactions as it is annexed to the Peterson Declaration appearing at Docket No. [44-11]. The unredacted version appears as Exh. B to Defendant's motion appearing at Docket No. [46-2]. In connection with Plaintiff's pending motion to amend at Docket No. #44 , on or before 1/13/2021, Defendant Walgreens and/or nonparty IVC are directed to supplement their opposition with a letter specifically explaining whether and how the claims in this case are duplicative of: (1) the claims in a different action subject to summary judgment motion practice; (2) the claims in a different action subject to class certification motion practice; and (3) discovery performed in connection with the other action(s). On or before 1/20/2021, Plaintiff must file her own supplemental letter stating her own position with respect to these points. Plaintiff's motion for discovery at Docket No. #49 for the reasons discussed on the 1/6/2021 conference record. Plaintiffs motion for discovery responsive to Document Request 8 and Interrogatory 3 is granted insofar as Defendant must produce discovery that is not limited to New York State pertaining to products that contain the Glucosamine at issue. Plaintiff's motion is denied in other respects with leave to renew after the parties have met and conferred in a good faith effort to informally resolve the many disputed categories of discovery which they have not yet done. The deadline for discovery is extended through 2/21/2021. At that time, the Court will revisit the pretrial schedule in light of the parties' compliance with this and other Orders and proceedings. Ordered by Magistrate Judge Vera M. Scanlon on 1/6/2021. (Quinlan, Krista)
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| Filing 52 STATUS REPORT on Behalf of All Parties by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 51 NOTICE of Appearance by Stefani L Wittenauer on behalf of Walgreen Co. (aty to be noticed) (Wittenauer, Stefani) |
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ORDER: In light of the 12/8/2020 scheduling order, the 1/7/2021 telephone conference is advanced to 1/6/2021 at 2:30 PM. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 12/28/2020. (Quinlan, Krista)
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ORDER granting #50 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 12/28/2020. (Quinlan, Krista)
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| Filing 50 MOTION to Appear Pro Hac Vice for Stefani Leigh Wittenauer Filing fee $ 150, receipt number ANYEDC-13885679. by Walgreen Co.. (Attachments: #1 Affidavit in Support of Stefani Leigh Wittenauer, #2 Certificates of Good Standing) (Peterson, Courtney) |
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SCHEDULING ORDER: A Telephone Conference is set for 1/6/2021 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 12/8/2020. (Quinlan, Krista)
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| Filing 49 Letter MOTION for Discovery by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 48 TRANSCRIPT of Proceedings held on October 13, 2020, before Judge Scanlon. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/23/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/2/2021. (Hong, Loan) |
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ORDER granting #47 Motion for Extension of Time to Complete Discovery. Fact discovery is extended to 1/15/2021. Ordered by Magistrate Judge Vera M. Scanlon on 12/1/2020. (Quinlan, Krista)
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| Filing 47 Letter MOTION for Extension of Time to Complete Discovery (or for Clarification of the Court's October 13, 2020 Text Order) by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 46 Letter MOTION to Seal by Walgreen Co.. (Attachments: #1 Exhibit A Redacted Exhibit, #2 Exhibit B Unredacted Exhibit) (Peterson, Courtney) |
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ORDER granting Docket No. #39 . See Dkt. Entry 10/23/2020; 11/2/2020. The parties should expect to argue the motions at #44 , #45 at the upcoming 1/7/2021 appearance. See Dkt. Entry 10/13/2020. Ordered by Magistrate Judge Vera M. Scanlon on 11/25/2020. (Quinlan, Krista)
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ELECTRONIC ORDER: Referring to MJ SCANLON plaintiff's motion #44 to amend the class action complaint and defendant's motion #45 to seal exhibits that are part of their opposition to plaintiff's motion to decide in their entirety. Ordered by Judge Frederic Block on 11/24/2020. (Innelli, Michael)
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| Filing 45 Letter MOTION to Seal Document #44 Fully Briefed MOTION to Amend/Correct/Supplement #1 Complaint, /Letter Motion to File Exhibit 2 of the Declaration of Courtney J. Peterson Under Seal by Walgreen Co.. (Peterson, Courtney) |
| Filing 44 Fully Briefed MOTION to Amend/Correct/Supplement #1 Complaint, by Theda Jackson-Mau. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Memorandum in Opposition, #9 Declaration in Opposition, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Memorandum in Support (Reply), #14 Certificate of Service) (Insley-Pruitt, Matthew) |
| Filing 43 Letter dated 11/6/2020 from Matthew Insley-Pruitt to Darci Madden, Liz Blackwell, Courtney Peterson and Bieta Andemariam, enclosing for service Pltff's Memorandum of Law in Support of her Motion to Amend Her Class Action Complaint, dated 11/6/2020; and Declaration of Matthew Insley-Pruitt in Support of Pltff's Motion to Amend Her Class Action Complaint, dated 11/6/2020, and exhibits thereto. (w/o enc.) (Galeano, Sonia) |
| Filing 42 NOTICE of Appearance by Bieta Andemariam on behalf of Walgreen Co. (aty to be noticed) (Andemariam, Bieta) |
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STATUS REPORT ORDER: The parties' proposed briefing schedule is so ordered. Plaintiff's opening brief due on 11/6/2020; Defendant's opposition brief is due on 11/16/2020; Plaintiff's reply brief is due on 11/23/2020. Ordered by Magistrate Judge Vera M. Scanlon on 11/2/2020. (Quinlan, Krista)
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| Filing 41 Letter Regarding Briefing Schedule by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
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ORDER re #39 Letter MOTION for pre motion conference. On or before 10/30/2020, the parties must file a joint proposed briefing schedule with respect to Plaintiff's motion for leave to amend the complaint. Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2020. (Lozar, Ryan)
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| Filing 40 RESPONSE in Opposition re #39 Letter MOTION for pre motion conference re: Leave to Amend Complaint filed by Walgreen Co.. (Sternhell Blackwell, Ann) |
| Filing 39 Letter MOTION for pre motion conference re: Leave to Amend Complaint by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
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ORDER granting #33 Motion for Protective Order; denying #34 Motion for Discovery; granting in part and denying in part #36 Motion for Discovery; denying #37 Motion to Stay. SCHEDULING ORDER: As discussed during the 10/13/2020 conference, The parties' stipulated confidentiality order at #33 is so ordered with the added term that any Disclosing Party marking discovery confidential must simultaneously deliver a second set of that discovery to the Receiving Party on which the Disclosing Party has specifically redacted the purportedly sensitive information. The motion at #34 for the Court to so-order the parties' stipulated ESI plan is denied. Given that the parties have stipulated to perform ESI discovery pursuant to the agreement's terms, it is not necessary for the Court to so-order that stipulated plan. Defendants' motion at #36 for interim deadlines is granted in part and denied in part. The motion is granted insofar as Plaintiff's are to serve their expert disclosures on or before 1/15/2021, and Defendants are to serve their expert disclosures on or before 2/16/2021. The motion is denied as to other proposed post-discovery pretrial deadlines. Plaintiff's #37 motion to stay this action is denied for reasons stated on the record. Plaintiff suggested an intention to make a pleading amendment motion if the stay was denied. If that remains the case, Plaintiff may do so in accordance with the District Judge's Individual Rules. A Telephone Conference is set for 1/7/2021 at 11:30 AM before Magistrate Judge Vera M. Scanlon. On or before 1/4/2021, the Parties will file a joint status report letter. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 10/13/2020. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 10/13/2020. Matthew Insley-Pruitt, Philip M. Black and Carl Lester Stine appearing for Plaintiffs. Darci Madden and Ann Elizabeth Sternhell Blackwell appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:40-3:09.) (Quinlan, Krista) |
| Filing 38 RESPONSE in Opposition re #37 Cross MOTION to Stay re #36 MOTION for Discovery / Request For The Scheduling Of Interim Discovery Deadlines and Opposition Thereto /Opposition to Plaintiff's Cross-Motion for Stay of Discovery and in Support of Defendant's Motion for Discovery Deadlines filed by Walgreen Co.. (Sternhell Blackwell, Ann) |
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SCHEDULING ORDER: A Telephone Conference is set for 10/13/2020 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 10/8/2020. (Quinlan, Krista)
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| Filing 37 Cross MOTION to Stay re #36 MOTION for Discovery / Request For The Scheduling Of Interim Discovery Deadlines and Opposition Thereto by Theda Jackson-Mau. (Insley-Pruitt, Matthew) |
| Filing 36 MOTION for Discovery / Request For The Scheduling Of Interim Discovery Deadlines by Walgreen Co.. (Peterson, Courtney) |
| Filing 35 NOTICE of Appearance by Philip M. Black on behalf of Theda Jackson-Mau (aty to be noticed) (Black, Philip) |
| Filing 34 Consent MOTION for Discovery / Request for Entry of an ESI Protocol by Walgreen Co.. (Attachments: #1 Proposed Stipulated Protocol For Production Of Electronically Stored Documents And Privilege Protocols) (Peterson, Courtney) |
| Filing 33 Letter MOTION for Protective Order by Walgreen Co.. (Attachments: #1 Proposed Stipulated Protective Order) (Peterson, Courtney) |
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ORDER granting #32 Motion for Discovery. All discovery must be completed by 3/1/2021. On or before 3/1/2021, the Parties will file a joint status report letter confirming that discovery is complete. All fact discovery shall be completed no later than 12/1/2020. On or before 4/1/2021, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 5/3/2021, the Parties will file their joint Proposed Pretrial Order. Ordered by Magistrate Judge Vera M. Scanlon on 5/7/2020. (Quinlan, Krista)
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| Filing 32 Letter MOTION for Discovery /Joint Proposed Discovery Schedule by Walgreen Co.. (Peterson, Courtney) |
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ORDER granting consent #31 Motion for Discovery. All discovery must be completed by 5/26/2020. On or before 5/26/2020, the Parties will file a joint status report letter confirming that discovery is complete. On or before 6/26/2020, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 7/27/2020, the Parties will file their joint Proposed Pretrial Order. Ordered by Magistrate Judge Vera M. Scanlon on 4/1/2020. (Quinlan, Krista)
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| Filing 31 Letter MOTION for Discovery / Request For Extension Of Time To Provide Proposed Schedule For Remaining Discovery by Walgreen Co.. (Peterson, Courtney) |
| Filing 30 ANSWER to #1 Complaint, by Walgreen Co.. (Peterson, Courtney) |
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ORDER granting #28 Motion for Extension of Time to Answer. Defendant's request, on consent, to extend its time to answer the Complaint to 12/2/2019 is granted. Ordered by Magistrate Judge Vera M. Scanlon on 11/13/2019. (Oliner, Daniel)
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| Filing 29 Letter to Judge Scanlon re Discovery by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 28 Letter MOTION for Extension of Time to File Answer re #1 Complaint, / Request Adjournment Of Time To Respond To Complaint by Walgreen Co.. (Peterson, Courtney) |
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Filing 27
MEMORANDUM and ORDER: The motion #23 to dismiss is GRANTED as to the plaintiffs unjust enrichment claim. The motion is DENIED in all other respects. Ordered by Judge Frederic Block on 10/31/2019. (Innelli, Michael)
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| Filing 26 REPLY in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Walgreen Co.. (Peterson, Courtney) |
| Filing 25 MEMORANDUM in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Walgreen Co.. (Peterson, Courtney) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Walgreen Co.. (Peterson, Courtney) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by Walgreen Co.. (Attachments: #1 Declaration Of Courtney J. Peterson) (Peterson, Courtney) |
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ORDER: In light of Defendant's anticipated motion to dismiss, which is proceeding following the 12/13/2018 pre-motion conference with the District Judge, the Status Conference scheduled for 12/19/2018 is cancelled and discovery is stayed pending resolution of the motion, as requested by both parties in their letter at #21 . Within ten (10) days of a decision on the motion, should it be denied in whole or in part, the Parties shall submit a joint letter regarding how discovery should be organized. Ordered by Magistrate Judge Vera M. Scanlon on 12/17/2018. (Tuffaha, Omar)
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| Filing 22 Letter Regarding Briefing Schedule For Defendant's Motion To Dismiss by Walgreen Co. (Peterson, Courtney) |
| Minute Entry for proceedings held before Judge Frederic Block: Matthew Insley-Pruitt, Esq. & Sean Zaroogian, Esq for the plaintiff and Elizabeth Blackwell, Esq. Courtney Peterson, Esq. for the defendants, all present. Pre-motion conference held on 12/13/2018. Defendants anticipated motion to dismiss was discussed. Plaintiffs withdraws their negligence representation claim. By December 20, 2018 counsel shall ECF file a letter with their agreed upon briefing schedule. Counsel shall serve and ECF file their fully briefed motion according to J. Blocks motion rules.(Court Reporter: Not Reported) (Innelli, Michael) |
| Filing 21 Letter / Joint Discovery Letter by Walgreen Co. (Peterson, Courtney) |
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Filing 20
SCHEDULING ORDER: Defendant's letter application #9 dated 10/26/18 is GRANTED. A pre motion conference is scheduled on December 13, 2018 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application.Ordered by Judge Frederic Block on 11/14/2018. (Innelli, Michael)
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Filing 19
SCHEDULING ORDER: As discussed during the 11/7/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 12/19/2018 at 2:15 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 12/12/2018, the Parties will file a joint status report letter. Counsel will discuss whether a stay is appropriate, and if not, how discovery should be organized. If the PMC is scheduled and may impact the discovery process, counsel should notify the Court. Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2018. (Quinlan, Krista)
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| Filing 18 NOTICE of Appearance by Darci F Madden on behalf of Walgreen Co. (aty to be noticed) (Madden, Darci) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 11/7/2018 in Courtroom 13A South. Matthew Insely-Pruitt and Sean Zaroogian appearing for Plaintiff. Elizabeth Blackwell appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:29-3:09.) (Quinlan, Krista) |
| Filing 17 NOTICE of Appearance by Ann Elizabeth Sternhell Blackwell on behalf of Walgreen Co. (aty to be noticed) (Sternhell Blackwell, Ann) |
| Filing 16 NOTICE of Appearance by Sean Michael Zaroogian on behalf of Theda Jackson-Mau (aty to be noticed) (Zaroogian, Sean) |
| Filing 15 Proposed Scheduling Order by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
| Filing 14 Letter Response to Letter for Pre-Motion Conference (Dkt. No. 9) by Theda Jackson-Mau (Insley-Pruitt, Matthew) |
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ORDER granting Motions for Leave to Appear Pro Hac Vice at #12 and #13 . The attorneys shall register for ECF. Registration is available online at www.pacer.gov. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorneys shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 11/2/2018. (Tuffaha, Omar)
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| Filing 13 MOTION to Appear Pro Hac Vice Of Darci Faulkner Madden Filing fee $ 150, receipt number ANYEDC-10891805. by Walgreen Co.. (Attachments: #1 Affidavit in Support Of Darci Faulkner Madden, #2 Certificate Of Good Standing) (Peterson, Courtney) |
| Filing 12 MOTION to Appear Pro Hac Vice Of Ann Elizabeth Sternhell Blackwell Filing fee $ 150, receipt number ANYEDC-10891741. by Walgreen Co.. (Attachments: #1 Affidavit in Support Affidavit Of Ann Elizabeth Sternhell Blackwell, #2 Certificate Of Good Standing) (Peterson, Courtney) |
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ORDER granting consent #11 Motion to Adjourn Conference. At the request of the parties, the 11/7/2018 Initial Conference will begin at 2:15 PM (not 12:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 10/31/2018. (Quinlan, Krista)
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| Filing 11 Letter MOTION to Adjourn Conference / Request Adjournment Of Initial Conference by Walgreen Co.. (Peterson, Courtney) |
| Filing 10 NOTICE of Appearance by Matthew Insley-Pruitt on behalf of Theda Jackson-Mau (aty to be noticed) (Insley-Pruitt, Matthew) |
| Filing 9 Letter MOTION for pre motion conference by Walgreen Co.. (Peterson, Courtney) |
| Filing 8 Corporate Disclosure Statement by Walgreen Co. identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co.. (Peterson, Courtney) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to Answer as to Walgreen Co. Defendant's deadline to answer the Complaint or otherwise move is extended to 10/26/2018. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 11/7/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 11/5/2018. Ordered by Magistrate Judge Vera M. Scanlon on 9/24/2018. (Quinlan, Krista)
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| Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint, /Extension of Time to Respond to the Complaint by Walgreen Co.. (Peterson, Courtney) |
| Filing 5 SUMMONS Returned Executed by Theda Jackson-Mau. Walgreen Co. served on 9/5/2018, answer due 9/26/2018. (Stine, Carl) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) |
| 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. (Williams, Erica) |
| Filing 2 Summons Issued as to Walgreen Co. (Williams, Erica) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. 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. (Williams, Erica) |
| Filing 1 COMPLAINT against Walgreen Co. filing fee $ 400, receipt number 0207-10685419 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Theda Jackson-Mau. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Stine, Carl) |
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