Nelson v. Keurig Green Mountain, Inc. et al
Plaintiff: Patricia J. Nelson
Defendant: Keurig Green Mountain Inc., Green Mountain Coffee Roasters Inc. and Keurig, Inc.
Petitioner: Sagentia, Inc.
Case Number: 1:2014cv04403
Filed: June 18, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Vernon S Broderick
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2022 Opinion or Order Filing 113 ORDER GRANTING MOTION TO WITHDRAW COUNSEL re: (1921 in 1:14-md-02542-VSB-SLC) Notice (Other) filed by Class Plaintiffs. This Court, having considered Class Plaintiffs' Motion to Withdraw Jacob O. Onile-Ere as Counsel, and good cause appearing, HEREBY ORDERS: 1. Class Plaintiffs' Motion to Withdraw as Counsel is GRANTED. 2. Attorney Jacob O. Onile-Ere, Esq., is hereby withdrawn as Class Plaintiffs' counsel of record in the above-mentioned caption case. Class Plaintiffs shall continue to be represented by attorneys from Motley Rice LLC, Robins Kaplan LLP, and Grant & Eisenhofer P.A. 3. The Clerk of the Court is directed to remove Jacob O. Onile-Ere from the service list in this matter and shall no longer send him any notices of filing in this matter. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/1/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
November 1, 2022 Opinion or Order Filing 112 ORDER GRANTING MOTION TO WITHDRAW COUNSEL re: (1920 in 1:14-md-02542-VSB-SLC) Notice (Other) filed by Class Plaintiffs. This Court, having considered Class Plaintiffs' Motion to Withdraw Michelle C. Clerkin as Counsel, and good cause appearing, HEREBY ORDERS: 1. Class Plaintiffs' Motion to Withdraw as Counsel is GRANTED. 2. Attorney Michelle C. Clerkin, Esq., is hereby withdrawn as Class Plaintiffs' counsel of record in the above-mentioned caption case. Class Plaintiffs shall continue to be represented by attorneys from Motley Rice LLC, Robins Kaplan LLP, and Grant & Eisenhofer P.A. 3. The Clerk of the Court is directed to remove Michelle C. Clerkin from the service list in this matter and shall no longer send her any notices of filing in this matter. IT IS SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/1/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
November 1, 2022 Opinion or Order Filing 111 ORDER in case 1:14-cv-00905-VSB; granting (1728) Motion for Julie M. McCall to Appear Pro Hac Vice in case 1:14-md-02542-VSB-SLC (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (sb)
November 1, 2022 Opinion or Order Filing 110 ORDER in case 1:14-cv-00905-VSB; granting (1725) Motion to Withdraw (1725 in 1:14-md-02542-VSB-SLC) MOTION to Withdraw Counsel. in case 1:14-md-02542-VSB-SLC (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (SB)
September 13, 2022 Opinion or Order Filing 109 ORDER GRANTING MOTION TO WITHDRAW COUNSEL in case 1:14-cv-00905-VSB; granting (117) Motion to Withdraw as Attorney. Attorney John Franklin Garvish, II terminated in case 1:14-cv-01609-VSB; granting (1754) Motion to Withdraw as Attorney. This Court, having considered counsel's Motion to Withdraw as Counsel, and good cause appearing, HEREBY ORDERS: The Motion to Withdraw as Counsel is GRANTED. Attorney John F. Garvish, II, Esq., is hereby withdrawn as Plaintiff Judy Hoyer's counsel of record in the above-mentioned caption case. Class Plaintiffs shall continue to be represented in this matter by other attorneys of record. The Clerk of the Court is directed to remove John F. Garvish, II from the service list in this matter, and shall no longer send him any notices of filing in this matter. IT IS SO ORDERED. Attorney John Franklin Garvish, II terminated in case 1:14-md-02542-VSB-SLC. (Signed by Judge Vernon S. Broderick on 9/13/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (tg)
July 22, 2022 Opinion or Order Filing 108 ORDER GRANTING MOTION TO WITHDRAW COUNSEL in case 1:14-cv-00905-VSB; granting (1709) Motion to Withdraw as Attorney. in case 1:14-md-02542-VSB-SLC. This Court, having considered counsel's Motion to Withdraw as Counsel, and good cause appearing, HEREBY ORDERS: The Motion to Withdraw as Counsel is GRANTED. Attorney Lauren Fornarotto Esq., is hereby withdrawn as Plaintiff Judy Hoyer's counsel of record in the above-mentioned caption case. Class Plaintiffs shall continue to be represented in this matter by other attorneys of record. The Clerk of the Court is directed to remove Lauren Fornarotto from the service list in this matter, and shall no longer send her any notices of filing in this matter. IT IS SO ORDERED.. (Signed by Judge Vernon S. Broderick on 7/22/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. Lauren Lee Fornarotto has been terminated in case 14cv1609 and 14md2542 (ks) Modified on 7/25/2022 (ks).
May 16, 2022 Opinion or Order Filing 107 ORDER re: (1819 in 1:14-md-02542-VSB-SLC) Letter, filed by Kenneth B. Burkley, Sally Rizzo, Henry A. Rocker, Roger Davidson, James G. Long, Todd W. Springer. Accordingly, it is hereby: ORDERED that Plaintiffs' request for a trial date is DENIED. If necessary, following my resolution of the pending motions on summary judgment, (Docs. 1489, 1493), I will ask the parties to meet and confer and provide me with possible dates for trial. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/16/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
February 23, 2022 Opinion or Order Filing 106 ORDER in case 1:14-cv-00905-VSB; granting in part and denying in part (1715) Letter Motion for Extension of Time in case 1:14-md-02542-VSB-SLC. It is hereby ordered that: The motion for an extension from March 4, 2022 to March 18, 2022 to file letter-motions is GRANTED. The motion to increase the page limit for letter-motions from three to five pages is GRANTED. The parties are directed to file letter-motions of not more than five pages (excluding exhibits or tables). The motion to email or deliver by FTP all documents proposed for sealing is DENIED. The parties are directed to Rule 5.B.iii. of my Individual Rules & Practices in Civil Cases for procedures on electronically filing documents proposed for sealing. The motion to file opposition letter-motions on or before April 8, 2022 is GRANTED. The parties are directed to file opposition letter-motions of not more than five pages (excluding exhibits or tables). Keurig' s motion to file reply briefs is DENIED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/23/2022) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (vfr)
February 23, 2022 Set/Reset Deadlines: Motions due by 3/18/2022. Responses due by 4/8/2022 Associated Cases: 1:14-md-02542-VSB-SLC et al.(vfr)
January 11, 2022 Filing 105 NOTICE of Withdrawal of Counsel. Document filed by Patricia J. Nelson..(Byrd, Rachele)
November 8, 2021 Opinion or Order Filing 104 ORDER in case 1:14-cv-00905-VSB; granting (1582) Letter Motion to Seal in case 1:14-md-02542-VSB-SLC. APPLICATION GRANTED. The revised deadline for all sealing requests related to the Class Certification reply, Daubert briefing, and summary judgment briefing is now January 31, 2022, with public versions of the briefs and exhibits to be filed by February 14,2022. The parties are directed to notify the implicated third parties. (Signed by Judge Vernon S. Broderick on 11/8/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (rro)
October 25, 2021 Opinion or Order Filing 103 ***SELECTED PARTIES*** OPINION AND ORDER re: (1269 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal Maintain Under Seal ECF 1265 addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated March 24, 2021. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, (1264 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal JBR Opposition to Keurig Ex Parte Motion addressed to Judge Vernon S. Broderick from Mario Moore dated March 22, 2021. filed by JBR, Inc. (d/b/a Rogers Family Company), (1257 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal Exhibit 3 to the Declaration of Wendelynne J. Newton in Support of Keurig Green Mountain Inc.'s Motion to Enforce February 10, 2021 Order addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated 3/15/2 filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, (1258 in 1:14 md-02542-VSB-SLC) MOTION to Enforce February 10, 2021 Order . filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. Keurig's motion to enforce, (Doc. 1258), is GRANTED. JBR must delete Paragraph 105 in the Ware Report and destroy all copies of it within seven (7) days of the filing of this order. Because the parties' motions involve redacted documents and documents filed under seal, the parties are directed to jointly submit any proposed redactions to this Opinion & Order by November 3, 2021, so that the Opinion & Order can then be publicly filed. The motions to seal associated with this motion, filed at Documents 1257, 1264, and 1269, are GRANTED. The Clerk of Court is respectfully directed to make the unredacted Opinion & Order viewable only to the Court and counsel for the parties. The Clerk's office is directed to terminate the open motions at Documents 1257, 1258, 1264, and 1269. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/25/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
October 18, 2021 Filing 102 NOTICE OF CHANGE OF ADDRESS by Matthew James Geyer on behalf of Kenneth B. Burkley, Roger Davidson, James G. Long, Ney Silverman Insurance Associates, L.L.C., Sally Rizzo, Henry A. Rocker, Todd W. Springer. New Address: Robins Kaplan LLP, 900 Third Avenue, Suite 1900, New York, NY, United States 10022, 212-980-7400. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Geyer, Matthew)
October 18, 2021 Filing 101 NOTICE OF CHANGE OF ADDRESS by William V. Reiss on behalf of Kenneth B. Burkley, Roger Davidson, James G. Long, Ney Silverman Insurance Associates, L.L.C., Sally Rizzo, Henry A. Rocker, Todd W. Springer. New Address: Robins Kaplan LLP, 900 Third Avenue, Suite 1900, New York, NY, United States 10022, 212-980-7400. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Reiss, William)
October 18, 2021 Filing 100 NOTICE OF CHANGE OF ADDRESS by David Rochelson on behalf of Kenneth B. Burkley, Roger Davidson, James G. Long, Ney Silverman Insurance Associates, L.L.C., Sally Rizzo, Henry A. Rocker, Todd W. Springer. New Address: Robins Kaplan LLP, 900 Third Avenue, Suite 1900, New York, NY, United States 10022, 212-980-7400. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Rochelson, David)
August 31, 2021 Filing 99 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/4/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Moya, Goretti)
August 31, 2021 Filing 98 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/4/2021 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. 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. Redaction Request due 9/21/2021. Redacted Transcript Deadline set for 10/1/2021. Release of Transcript Restriction set for 11/29/2021.Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Moya, Goretti)
August 17, 2021 Opinion or Order Filing 97 ORDER re: (1436 in 1:14-md-02542-VSB-SLC) Order on Motion to Seal. Accordingly, it is hereby: ORDERED my order at Document 1436 applies to the Direct Purchaser Plaintiffs' reply brief in support of class certification. I adopt the parties' proposed sealing procedure as outlined in that order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/17/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
August 4, 2021 Opinion or Order Filing 96 ORDER: I am in receipt of the parties' joint letter filed August 3, 2021, indicating the parties' respective positions on a briefing schedule for motions for summary judgment. (Doc. 1431.) Accordingly, it is hereby: ORDERED that I adopt the briefing schedule proposed by Defendant, the Direct Purchaser Plaintiffs, TreeHouse, and the McLane Company. Opening summary judgment briefs are due on or before August 25, 2021, opposition briefs are due on or before October 27, 2021, and any reply memoranda of law are due on or before December 15, 2021. So Ordered. (Motions due by 8/25/2021., Responses due by 10/27/2021, Replies due by 12/15/2021.) (Signed by Judge Vernon S. Broderick on 8/4/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (js)
July 27, 2021 ***DELETED DOCUMENT. Deleted document number #96 Scheduling Order. The document was incorrectly filed in this case. (ama)
July 27, 2021 Opinion or Order Filing 95 ORDER in case 1:14-cv-00905-VSB; granting in part and denying in part (1412) Letter Motion for Leave to File Excess Pages; denying (1426) Letter Motion for Extension of Time to File in case 1:14-md-02542-VSB-SLC. Accordingly, it is hereby: ORDERED that Defendant's motion for leave to file excess pages, (Doc. 1412), is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that I adopt, in part, the page limit proposal submitted by TreeHouse and the DPPs. (See Doc. 1413.) Plaintiffs and Keurig shall each have 115 pages for opening briefs, followed by 115 pages for responsive briefs and 50 pages for reply. In response to TreeHouse's and the DPPs' question, (id. at 3 n.5), I direct the Plaintiffs to file one large memorandum of law divided into sections. IT IS FURTHER ORDERED that Plaintiffs' proposal to adjust the briefing schedule, (see Doc. 1413), is DENIED at this time. The parties are directed to meet and confer and submit a joint filing on or before August 3, 2021, indicating whether the parties have agreed on any adjusted briefing schedule and, if not, the parties' respective positions on the briefing schedule. IT IS FURTHER ORDERED that Defendant's letter motion for an extension of time, (Doc. 1426), is DENIED at this time. I will entertain extension requests in the upcoming August 3, 2021 filing. The Clerk's office is directed to terminate the open motions at Documents 1412 and 1426. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 7/27/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
July 15, 2021 Opinion or Order Filing 94 OPINION AND ORDER re: (1275 in 1:14-md-02542-VSB-SLC, 145 in 1:14-cv-04242-VSB) MOTION to Remand to Eastern District of California. filed by JBR, Inc. (d/b/a Rogers Family Company), (149 in 1:14-cv-04242-VSB, 1309 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal JBR Reply Memorandum of Law in Support of Motion to Remand to Eastern District of California addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 4/28/2021. filed by JBR, Inc. (d/b/a Rogers Family Company), (1301 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal Limited Portions of Keurig's Memorandum of Law in Opposition to JBR's Motion for Suggestion of Remand and the Declaration of Alan B. Freedman dated April 22, 2021 and Exhibits addressed to Judge Vernon S. Brode filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, (144 in 1:14-cv-04242-VSB, 1274 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal JBR Memorandum of Law in Support of Motion to Remand to Eastern District of California addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 4/8/2021. filed by JBR, Inc. (d/b/a Rogers Family Company), (1314 in 1:14-md-02542-VSB-SLC) LETTER MOTION to Seal Maintain Under Seal ECF No. 1310 & 1312 addressed to Judge Vernon S. Broderick from Carl Lawrence Malm dated May 3, 2021. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, (1308 in 1:14 md-02542-VSB-SLC) LETTER MOTION to Seal Maintain Under Seal ECF No. 1302 & ECF No. 1304-11 addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 04/23/2021. filed by JBR, Inc. (d/b/a Rogers Family Company). JBR's motion to remand, (Doc. 1275), is DENIED. The motions to seal in connection with this motion filed at Documents 1274, 1301, 1308 09, and 1314) are GRANTED. The Clerks office is directed to terminate the open motions at Documents 127475, 1301, 130809, and 1314. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/15/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
June 9, 2021 Opinion or Order Filing 93 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL, ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/9/2021) (kv)
June 7, 2021 Opinion or Order Filing 92 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, LITIGATION EXPENSES, AND SERVICE AWARDS in case 1:14 cv-00905-VSB; granting (1321) Motion for Attorney Fees in case 1:14-md-02542 VSB-SLC: it is hereby ORDERED: 1. For purposes of this Order, I adopt the terms and definitions set forth in the Settlement Agreement, unless otherwise specifically defined herein. 2. I have jurisdiction over the subject matter of this Action and over all parties to the Action, including all members of the Settlement Class. 3. Notice of the Fee and Expense Application was provided to potential class members in a reasonable manner, and such Notice complies with Rule 23(h)(l) of the Federal Rules of Civil Procedure and due process requirements. The Notice mailed to all potential class members stated that Settlement Class Counsel could seek attorneys' fees of up to 33 1/3% of the Settlement Fund, and further directed class members to a website on which the full motion for attorneys' fees was accessible as of January 8, 2021. Settlement Class members were given the opportunity to object to the Fee and Expense Application in compliance with Rule 23(h)(2) and no objections to the fee and expense provision of the Settlement Agreements or Fee and Expense Application were made. 4. I hereby award $10,333,333.33 in attorneys' fees (33 1/3% of the total Settlement Fund) to IPP Counsel2. The Court finds IPP Counsel's lodestar, based on their current hourly rates, is $21,148,380.85. This award represents a negative multiplier of 0.49. Having reviewed Settlement Class Counsel's application, I find the requested amount of attorneys' fees to be fair, reasonable and appropriate pursuant to Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000), and other applicable case law. I note that I analyzed each Goldberger factor in detail at the June 4, 2021 fairness hearing, and I incorporate those findings by reference. 5. In making this award of attorneys fees and expenses to be paid from the Settlement Fund, I have considered and found that: a. The Settlement Agreement has created a Settlement Fund of $31,000,000 in cash for the benefit of the Settlement Class pursuant to the terms of the Settlement Agreement; b. Settlement Class Members who submit acceptable proof of claim forms will benefit from the Settlement Agreements because of the efforts of Settlement Class Counsel and Class Representative Plaintiffs; c. The fee sought by Settlement Class Counsel is fair and reasonable; d. Settlement Class Counsel have prosecuted the Action with skill, perseverance, and diligence, as reflected by the substantial Settlement Fund achieved and the positive reception of the Settlement Agreement by the Settlement Class; The Court also finds that IPP Counsel have incurred $2,298,015.93 million in litigation costs. All of these costs were reasonably incurred in the ordinary course of prosecuting this case and necessary given the complex nature and scope of the case. The Court finds that IPP Counsel are entitled to be reimbursed for these costs. I incorporate by reference the findings regarding these litigation costs that I made at the June 4, 2021 fairness hearing. 8. The Court further approves IPPs' request for payment of $451,286.43 and any additional amounts actually incurred up to a combined total amount of $911,286.43, in settlement notice and administration costs payable to JND Legal Administration. If the settlement notice and administration costs payable to JND Legal Administration are to exceed $911,286.43, IPPs shall promptly seek Court authorization and approval of any such additional amount. I incorporate by reference the findings regarding costs incurred by JND Legal Administration that I made at the June 4, 2021 fairness hearing. 9. The Court further approves an incentive award of $3,000 for each of the eleven Class Representative Plaintiffs who had their depositions taken, and $1,500 for the remaining twenty Class Representative Plaintiffs3 (a total of $63,000). This incentive award is justified by: (1) the risks Class Representative Plaintiffs faced in bringing this lawsuit, financial and otherwise; (2) the amount of time and effort spent on this case by Class Representative Plaintiffs; and (3) the benefits Class Representative Plaintiffs helped obtain for the Class Members under the Settlement Agreement. I incorporate by reference the findings regarding service fees that I made at the June 4, 2021 fairness hearing. 10. The attorneys' fees, costs, and incentive awards set forth in this Order shall be paid and distributed in accordance with the terms of the Settlement Agreement. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 6/7/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv) Transmission to Finance Unit (Cashiers) for processing.
June 4, 2021 Minute Entry for proceedings held before Judge Vernon S. Broderick: Fairness Hearing held on 6/4/2021. Associated Cases: 1:14-md-02542-VSB-SLC et al.(msa)
June 1, 2021 Opinion or Order Filing 91 ORDER: As previously ordered, there is a final fairness hearing scheduled for June 4, 2021 over videoconference regarding the proposed settlement between Defendant and the Indirect Purchaser Plaintiffs ("IPPs"). (Doc. 1329.) The Florida and Illinois Attorneys General (the"Intervenors") have objected to the proposed plan of allocation, (Doc. 1325-1), and the IPPs have responded to that objection, (Doc. 1339). I have listed below a series of questions that I would like the IPPs and the Intervenors to review and prepare for, as I intend to ask the relevant parties about them at the June 4, 2021 hearing. (As further set forth herein.) (Signed by Judge Vernon S. Broderick on 6/1/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (va)
May 26, 2021 Opinion or Order Filing 90 ORDER in case 1:14-cv-00905-VSB; granting (1328) Letter Motion to Seal in case 1:14-md-02542-VSB-SLC. Accordingly, it is hereby: ORDERED that Competitor Plaintiffs' conditional objection, (Doc. 1326), is DENIED for lack of standing. IT IS FURTHER ORDERED that the motion to seal at Document 1328 is GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/26/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
May 17, 2021 Opinion or Order Filing 89 ORDER: in case 1:14-cv-00905-VSB; granting (1324) Letter Motion to Seal; granting (1325) Letter Motion for Oral Argument in case 1:14-md-02542-VSB-SLC. ORDERED that TreeHouse and JBR's motion to seal, (Doc. 1324), is GRANTED. IT IS FURTHER ORDERED that the Indirect Purchaser Plaintiffs are directed to file any response to these objections on or before May 21, 2021. IT IS FURTHER ORDERED that the final fairness hearing to evaluate the proposed settlement reached by Defendant and the Indirect Purchaser Plaintiffs scheduled for June 4, 2021 at 10 AM will be held by videoconference using Microsoft Teams. Any parties or non-parties who wish to attend the hearing must file a letter on or before June 2, 2021 with the names and email addresses for those attending, and my Chambers will subsequently provide a link for the hearing. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (ama)
May 17, 2021 Set/Reset Deadlines: ( Responses due by 5/21/2021), Set/Reset Hearings:( Fairness Hearing set for 6/4/2021 at 10:00 AM before Judge Vernon S. Broderick.) Associated Cases: 1:14-md-02542-VSB-SLC et al.(ama)
April 13, 2021 Opinion or Order Filing 88 OPINION AND ORDER re: (1247 in 1:14-md-02542-VSB-SLC) LETTER MOTION for Leave to File Motion to Intervene and Memorandum by Illinois and Florida Attorneys General addressed to Judge Vernon S. Broderick from Illinois Attorney General dated 2/26/2021. filed by The Illinois Attorney General on behalf of the People of the State of Illinois. For the foregoing reasons, the motion to intervene filed by the Illinois and Florida Attorneys General is GRANTED. The Clerk's office is directed to terminate the open motion at Document 1247. SO ORDERED. Motions terminated: (1247 in 1:14-md-02542-VSB-SLC) LETTER MOTION for Leave to File Motion to Intervene and Memorandum by Illinois and Florida Attorneys General addressed to Judge Vernon S. Broderick from Illinois Attorney General dated 2/26/2021. filed by The Illinois Attorney General on behalf of the People of the State of Illinois. (Signed by Judge Vernon S. Broderick on 4/13/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (kv)
March 2, 2021 Opinion or Order Filing 87 ORDER: I am in receipt of the motion to intervene filed by the Illinois and Florida Attorneys General on February 26, 2021. (Doc. 1247.) Accordingly, it is hereby: ORDERED that the Indirect Purchaser Plaintiffs and/or Defendant shall file any memorandum of law in opposition to the motion to intervene on or before March 29, 2021., (Responses due by 3/29/2021) (Signed by Judge Vernon S. Broderick on 3/2/2021) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (nb)
December 29, 2020 Opinion or Order Filing 86 STIPULATED ORDER CLARIFYING PRELIMINARY APPROVAL ORDER: For the foregoing reasons, Plaintiffs' unopposed motion, (Doe. 1112), is GRANTED. I hereby set the following settlement procedure: Plaintiffs are directed to begin to implement the Notice Plan no later than 14 days after entry of this order. The Escrow Account to be held by Signature Bank, N.A. as escrow agent is approved as a Qualified Settlement Fund pursuant to Internal Revenue Code Section 468B and the Treasury Regulations promulgated thereunder. The Notice Plan set forth in Doe. No. 111 5-2 is hereby approved. The Court will hold a final fairness hearing on June 4, 2021 at 10:00 a.m. Logistical details regarding the fairness hearing will be placed on the docket at a later date. Plaintiffs will file a motion for final approval of the Settlement Agreement and their application for attorneys' fees and expenses no later than May 7 2021. Any Settlement Class Member who has not timely and validly requested exclusion from the Settlement Class may object to the settlement or the attorneys' fee application by filing his, her, or its objection with the Clerk of the Court and serving the objection upon counsel for the parties no later than May 17, 2021. Settlement Class Counsel or Defendant's Counsel shall file with the Court and serve their response to any objections no later than May 26,2021 and further set forth in this Order. Motions terminated: (1112 in 1:14-md-02542-VSB-SLC) MOTION for Settlement - Notice of Unopposed Motion for Preliminary Approval of Proposed Settlement. filed by Julie Rainwater, Patricia J. Nelson, Patricia Hall, David Wayne Nation, Lavinia Simona Biasell, Vivid Hair Studio LLC, Brier Miller Minor, Angus Macdonald, Kori Lodi, Wauneta Dibbern, Lori Jo Kirkhart, Jennifer Harrison, Jennifer Mileikowsky, Denise Gilmore, Linda Bouchard, Bouchard & Sons Garage, Inc., Lauren Jill Schneider, Luke Cuddy, Wasif Bala, John Lohin, Shirley Schroeder, Amy Stratman, Erin Dunbar, Toni Williams, Larry Gallant, Edgar Medina, Yelda Mesbah Bartlett, Betty Ramey, Jason Stratman, Teena Marie Johnson, Jonna Dugan. (Signed by Judge Vernon S. Broderick on 12/29/2020) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (rro)
December 16, 2020 Opinion or Order Filing 85 ORDER: For the foregoing reasons, Plaintiffs' unopposed motion, (Doc. 93), is GRANTED. I hereby set the following settlement procedure: (1) Within 15 days of the date of this Order, Defendant will provide the Claims Administrator with the Rule 23 Class members and Collective Class members list and information as provided in the Settlement Agreement. (2) Within 15 days of Defendant's provision of the Rule 23 Class members and Collective Class members list and information, the Claims Administrator shall mail the Notices. (3) Rule 23 Class Members will have 60 days from the date the Notice is mailed toopt out of the settlement or object to it.(4) Plaintiffs will file a motion for final approval of the Settlement Agreement nolater than 15 days before the fairness hearing.(5) The Court will hold a final fairness hearing on June 4, 2021 at 10:00 a.m.Logistical details regarding the fairness hearing will be placed on the docket at alater date.(6) If the Court grants Plaintiffs' motion for final approval of the SettlementAgreement, the Court will issue a Final Order and Judgment. If no party appeals he Court's Final Order and Judgment, the "Effective Date" of the settlement willbe the date 30 days after entry of such Order.(7) If rehearing, reconsideration or appellate review is sought, the "Effective Date"shall be the day after all appeals are resolved in favor of final approval.(8) The Claims Administrator will disburse settlement checks to the Rule 23 Classmembers and Collective Class members, Class Counsel's attorneys' fees andexpenses to Class Counsel, the Service Awards, and the SettlementAdministrator's fee as provided in the Settlement Agreement.(9) The parties shall abide by all terms of the Settlement Agreement. (Fairness Hearing set for 6/4/2021 at 10:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/16/2020) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (rro)
August 19, 2020 Filing 84 MEMO ENDORSEMENT on re: (1084 in 1:14-md-02542-VSB-SLC) Notice (Other) filed by All Indirect Purchaser Plaintiffs. ENDORSEMENT: The Clerk of Court is directed to terminate Bruce L. Simon as attorney ofrecord for the Indirect Purchaser Plaintiffs. (Signed by Magistrate Judge Sarah L Cave on 8/18/20) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (sn)
August 17, 2020 Opinion or Order Filing 83 MEMO ENDORSEMENT on re: (1082 in 1:14-md-02542-VSB-SLC) Notice (Other) filed by All Indirect Purchaser Plaintiffs. ENDORSEMENT: SO ORDERED on this 17th day of August, 2020. The Clerk of Court is respectfully directed to terminate from the docket Alexander Lee Simon as counsel of record for the Indirect Purchaser Plaintiffs., (Signed by Magistrate Judge Sarah L Cave on 8/17/20) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (yv) Modified on 8/17/2020 (yv).
July 24, 2020 Filing 82 NOTICE OF CHANGE OF ADDRESS by Robert Litts on behalf of JBR, Inc. (d/b/a Rogers Family Company). New Address: Dan Johnson Law Group, LLP, 1350 Old Bayshore Highway, Suite 520, Burlingame, California, USA 94010, (415) 604-4500. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Litts, Robert)
July 24, 2020 Filing 81 NOTICE OF CHANGE OF ADDRESS by Mario Moore on behalf of JBR, Inc. (d/b/a Rogers Family Company). New Address: Dan Johnson Law Group, LLP, 1350 Old Bayshore Highway, Suite 520, Burlingame, California, USA 94010, (415) 604-4500. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Moore, Mario)
July 24, 2020 Filing 80 NOTICE OF CHANGE OF ADDRESS by Daniel Johnson, Jr on behalf of JBR, Inc. (d/b/a Rogers Family Company). New Address: Dan Johnson Law Group, LLP, 1350 Old Bayshore Highway, Suite 520, Burlingame, California, USA 94010, (415) 604-4500. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Johnson, Daniel)
July 9, 2020 Opinion or Order Filing 79 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL: granting (1059) Motion to Withdraw as Attorney. ENDORSEMENT: The motion for Eun Sun Jang to withdraw as counsel for Keurig is GRANTED. The Clerk of Court is respectfully directed to terminate Attorney Eun Sun Jang from the docket and to close the Motion at ECF No. 1059. SO ORDERED. Attorney Eun Sun Jang terminated in case 1:14-md-02542-VSB-SLC. (Signed by Magistrate Judge Sarah L Cave on 7/09/2020) Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al. (ama)
June 17, 2020 Filing 78 NOTICE OF APPEARANCE by Matthew James Geyer on behalf of Todd W. Springer, Kenneth B. Burkley, Roger Davidson, Benjamin Krajcir, James G. Long, Linda Major, Ney Silverman Insurance Associates, L.L.C., Sally Rizzo, Henry A. Rocker. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(Geyer, Matthew)
February 13, 2020 Filing 77 NOTICE OF CHANGE OF ADDRESS by Thomas James McKenna on behalf of Jonna Dugan, Lorie Rehma. New Address: Gainey McKenna & Egleston, 501 Fifth Avenue, 19th Floor, New York, New York, USA 10017, 212-983-1300. Filed In Associated Cases: 1:14-md-02542-VSB-SLC et al..(McKenna, Thomas)
November 12, 2019 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (bcu)
September 5, 2019 Filing 76 NOTICE OF CHANGE OF ADDRESS by Benjamin E Shiftan on behalf of Yelda Mesbah Bartlett. New Address: Pearson, Simon & Warshaw, LLP, 350 Sansome Street, Suite 680, San Francisco, CA, USA 94104, (415) 433-9000. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Shiftan, Benjamin)
September 5, 2019 Filing 75 NOTICE OF CHANGE OF ADDRESS by Bruce Lee Simon on behalf of Yelda Mesbah Bartlett. New Address: Pearson, Simon & Warshaw, LLP, 350 Sansome Street, Suite 680, San Francisco, CA, USA 94104, (415) 433-9000. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Simon, Bruce)
August 19, 2019 Opinion or Order Filing 74 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Without leave of the Court, additional parties must be joined no later than January 23, 2020. All fact discovery (including depositions of fact witnesses) shall be completed by March 19, 2020. All expert discovery shall be completed by November 20, 2020. Depositions of expert witnesses shall be completed by November 20, 2020. The Parties shall cooperate to schedule depositions during the months of October and November. The Court will conduct a post-discovery conference on 12/18/2020 at 03:00 PM Direct Purchaser Plaintiffs and Indirect Purchaser Plaintiffs (together, "Class Plaintiffs") shall file and serve their motions for class certification by December 17, 2020. Defendants shall file and serve their opposition to class certification by February 19, 2021. Class Plaintiffs shall file and serve their replies in support of class certification by April 15, 2021. dispositive motions shall be filed and served on April 16, 2021. Should either party seek to file a dispositive motion prior to this date, that party must first meet and confer in good faith with the opposing party to determine whether that issue is appropriately ripe for a dispositive motion. Opposition to dispositive motions shall be filed by May 27, 2021. Replies to dispositive motions shall be filed by July 9, 2021. All Daubert motions relating to Defendant's class certification experts shall be filed by December 17, 2020. All oppositions to Daubert motions relating to Defendant's class certification experts, and all Daubert motions relating to Class Plaintiffs' class certification experts, including as to any non-class issues on which such experts opine, shall be filed by February 19, 2021. All oppositions to Daubert motions relating to Class Plaintiffs' class certification experts, including as to any non-class issues on which such experts opine, shall be filed by April 15, 2021. All Daubert motions relating to experts not opining on class certification issues shall be filed by April 16, 2021. All oppositions to Daubert motions relating to experts not opining on class certification issues shall be filed by May 27, 2021. All replies to Daubert motions relating to experts not opining on class certification issues shall be filed by July 9, 2021. Except by leave of court, each expert witness shall be subject to only one Daubert motion. The length of any trial is yet to be determined. (Joinder of Parties due by 1/23/2020. Motions due by 4/16/2021. Responses due by 5/27/2021 Replies due by 7/9/2021. Deposition due by 12/20/2020. Fact Discovery due by 3/19/2020. Expert Discovery due by 12/20/2020. Status Conference set for 12/18/2020 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/19/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(rro) Modified on 8/20/2019 (rro).
August 12, 2019 Filing 73 NOTICE OF CHANGE OF ADDRESS by Alexander Lee Simon on behalf of Yelda Mesbah Bartlett. New Address: Pearson, Simon & Warshaw, LLP, 15165 Ventura Boulevard, Suite 400, Sherman Oaks, CA, US 91403, (818) 788-8300. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Simon, Alexander)
July 24, 2019 Minute Entry for proceedings held before Judge Vernon S. Broderick: Status Conference held on 7/24/2019. Associated Cases: 1:14-md-02542-VSB-HBP et al.(msa)
July 22, 2019 Opinion or Order Filing 72 ORDER: Accordingly, it is hereby: ORDERED that, no later than July 23, 2019 at 5:30 p.m., the parties shall submit a joint letter of no more than three (3) pages, proposing an agenda for the conference and describing the parties' respective positions with regard to any disputes the parties seek to resolve. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/22/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(rro)
July 2, 2019 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE: IT IS HEREBY ORDERED that applicant, Maureen Kane Berg, is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/2/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ks)
June 25, 2019 Opinion or Order Filing 70 OPINION & ORDER re: (582 in 1:14-md-02542-VSB-HBP) MOTION for Reconsideration re; (581) Memorandum & Opinion, Motion for Reconsideration in Part. filed by All Indirect Purchaser Plaintiffs. For the reasons stated herein, the IPPs' motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the open motion at Document 582. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/25/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ks)
June 20, 2019 Opinion or Order Filing 69 ORDER in case 1:14-cv-00905-VSB; granting (629) Motion to Seal Document in case 1:14-md-02542-VSB-HBP. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/20/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al. (jca) Transmission to Sealed Records Clerk for processing.
May 8, 2019 Filing 68 NOTICE OF APPEARANCE by Joseph C Bourne on behalf of All Indirect Purchaser Plaintiffs. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Bourne, Joseph)
May 8, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (61 in 1:14-cv-02582-VSB, 62 in 1:14-cv-02670-VSB, 78 in 1:14-cv-01671-VSB, 66 in 1:14-cv-04405-VSB, 63 in 1:14-cv-04392-VSB, 80 in 1:14-cv-03790-VSB, 66 in 1:14-cv-04403-VSB, 68 in 1:14-cv-03018-VSB, 66 in 1:14-cv-01836-VSB, 65 in 1:14-cv-02267-VSB, 64 in 1:14-cv-04407-VSB, 136 in 1:14-cv-00905-VSB, 59 in 1:14-cv-03032-VSB, 68 in 1:14-cv-02530-VSB, 77 in 1:14-cv-01609-VSB, 72 in 1:14-cv-01716-VSB, 69 in 1:14-cv-02219-VSB, 30 in 1:19-cv-00325-VSB, 123 in 1:14-cv-04242-VSB, 67 in 1:14-cv-04399-VSB, 65 in 1:14-cv-02255-VSB, 62 in 1:14-cv-04414-VSB, 35 in 1:14-cv-07750-VSB, 34 in 1:15-cv-08985-VSB, 75 in 1:14-cv-04391-VSB, 62 in 1:14-cv-02692-VSB, 75 in 1:14-cv-01963-VSB, 74 in 1:14-cv-04398-VSB, 595 in 1:14-md-02542-VSB-HBP) MOTION for Joseph C. Bourne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16836704. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(wb)
May 7, 2019 Opinion or Order Filing 67 OPINION AND ORDER. Accordingly, for all the foregoing reasons, I conclude that the Protective Order permits a party that receives, through inadvertence, a document or other information which the adverse party asserts is privileged, may, pending a determination of the claim of privilege, use the content of that document or information for the limited purpose of challenging the assertion of privilege to the extent that the receiving party learned of the contents of the document in issue prior to the producing party's assertion of privilege. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/7/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al., as per Chambers. Copies transmitted to: All Counsel. Hon. Barbara S. Jones, United States District Judge (retired). (rjm)
May 7, 2019 Filing 66 MOTION for Joseph C. Bourne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16836704. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Affidavit Affidavit of Joseph C. Bourne, #2 Exhibit Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Bourne, Joseph)
May 2, 2019 Opinion or Order Filing 65 ORDER: I am in receipt of letters from the Indirect Purchaser Plaintiffs (the "IPPs") and Defendant, dated April 30, 2019. (Docs. 592-93.) Accordingly, it is hereby: ORDERED that all deadlines related to the IPPs' motion for reconsideration, (Doc. 582), are adjourned sine die. If I determine that additional briefing is necessary, I will contact the parties to set a schedule. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/2/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(jca)
April 26, 2019 Opinion or Order Filing 64 ORDER: On April 24, 2019, the Indirect Purchaser Plaintiffs (the "IPPs") filed a notice of motion for reconsideration, in part, of my order dated April 3, 2019, and a declaration and memorandum of law in support thereof. (Doc. 58284.) I am in receipt of the parties' letters dated April 25, 2019, addressing the timeliness of the IPPs' motion for reconsideration. (Docs. 58788.) Local Rule 6.3 provides that a motion for reconsideration shall be "served within fourteen (14) days after the entry of the Court's determination of the original motion." Defendant argues that, for purposes of Local Rule 6.3, my Opinion & Order on Defendant's motions to dismiss was entered on April 3, 2019. (See Doc. 588.) The IPPs argue that, for purposes of Local Rule 6.3, the Opinion & Order was not entered until it was unsealed on April 22, 2019. (Doc. 589.) Neither argument was supported by any legal authority. Accordingly, it is hereby: ORDERED that, no later than April 30, 2019, Defendant and the IPPs shall each file a letter of no more than two (2) pages providing legal authority in support of their respective interpretations of Local Rule 6.3. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/26/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(rro)
April 22, 2019 Opinion or Order Filing 63 AMENDED ORDER: On April 16, 2019, I entered an order directing the Clerk of Court to unseal Document 559 and to file my April 3, 2019 Opinion & Order on the Electronic Case Filing System. (Doc. 574.) However, my April 3, 2019 Opinion & Order was filed under seal as Document 567. Accordingly, it is hereby: ORDERED that Document 559 shall remain under seal. IT IS FURTHER ORDERED that Document 567 shall be unsealed. The Clerk of Court is respectfully directed to file Document 567 on the Electronic Case Filing System without any redactions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/22/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al. (rro) Transmission to Sealed Records Clerk for processing.
April 16, 2019 Opinion or Order Filing 62 ORDER: I am in receipt of the parties' joint letter, dated April 16, 2019, informing me that no party has any proposed redactions to my April 4, 2019 Opinion & Order. (See Doc. 559.) Accordingly, it is hereby: ORDERED that Document 559, which was filed under seal on April 4, 2019, be unsealed. The Clerk of Court is respectfully directed to file Document 559 on the Electronic Case Filing System without any redactions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/16/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al. (rro) Transmission to Sealed Records Clerk for processing.
April 15, 2019 Opinion or Order Filing 61 STIPULATED ORDER PURSUANT TO FEDERAL RULE OF EVIDENCE 502(d): Plaintiffs have challenged certain documents from Keurig's privilege logs and contemplate challenging additional documents, as discussed in various discussions with the Court. On March 7, 2019, following in camera review, the Court issued its Order on a sampling of such documents, advising that counsel "should consider entering into a stipulation and order pursuant to Fed. R. Evid. 502(d)." The Parties have since agreed that the production by any party in this coordinated proceeding of documents that are the subject of a challenge based on the assertion of attorney-client privilege, work product doctrine, and/or any other applicable privilege will be subject to Federal Rule of Evidence 502(d). Therefore, the Court hereby orders that, consistent with Federal Rule of Evidence 502(d), producing such documents in this matter (and associated families), or (if the parties agree on this procedure on a case by case basis) permitting adverse parties in this matter to view such privileged documents in an effort to resolve privilege disputes, are not in and of themselves a waiver of the attorney-client privilege, work product doctrine, and/or any other applicable privilege when such production or permission to view is made in response to a challenge of any asserted privilege. Such disclosures are also not a waiver in any other federal or state proceeding. Provided, however, that Rule 502(a) applies if a party uses or indicates that it may use any documents or other information to support a claim or defense. This Order does not apply to the inadvertent production of privileged material, which will continue to be governed by Paragraph 22 of the Stipulated Amended Protective Order, ECF No. 496. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 4/12/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(js)
April 5, 2019 Opinion or Order Filing 60 ORDER in case 1:14-cv-00905-VSB; denying (466) Motion in case 1:14-md-02542-VSB-HBP. ORDERED that Plaintiff TreeHouse Foods, Inc.'s ("TreeHouse") motion for an order reversing certain orders entered by Magistrate Judge Henry B. Pitman on November 9, 2018, (Doc. 466), is DENIED. IT IS FURTHER ORDERED that the parties shall appear for a status conference on July 24, 2019 at 2:30 p.m. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/5/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al. (rro)
April 5, 2019 Set/Reset Hearings: Status Conference set for 7/24/2019 at 02:30 PM before Judge Vernon S. Broderick. Associated Cases: 1:14-md-02542-VSB-HBP et al.(rro)
April 4, 2019 Opinion or Order Filing 59 ORDER: On April 3, 2019, I sent a copy of my Opinion & Order on Defendants' motions to dismiss, (Docs. 223, 226, 229, 231), to the parties. Because the Opinion & Order refers to materials that were filed under seal, I have not yet filed it on the public docket. To the extent that any party objects to my filing the Opinion & Order without redaction, it is hereby: ORDERED that the parties shall meet and confer regarding a timeline for any proposed redactions. The parties shall be prepared to discuss the timeline at the status conference on April 5, 2019. SO ORDERED (Signed by Judge Vernon S. Broderick on 4/4/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(rro)
January 16, 2019 Opinion or Order Filing 58 MEMO ENDORSEMENT on re: (58 in 1:14-cv-03018-VSB, 56 in 1:14-cv-01836-VSB, 123 in 1:14-cv-00905-VSB, 112 in 1:14-cv-04242-VSB, 499 in 1:14-md-02542-VSB-HBP, 67 in 1:14-cv-01609-VSB, 64 in 1:14-cv-04398-VSB, 59 in 1:14-cv-02219-VSB, 52 in 1:14-cv-02692-VSB, 52 in 1:14-cv-02670-VSB, 51 in 1:14-cv-02582-VSB, 58 in 1:14-cv-02530-VSB, 53 in 1:14-cv-04392-VSB, 65 in 1:14-cv-04391-VSB, 49 in 1:14-cv-03032-VSB, 68 in 1:14-cv-01671-VSB, 56 in 1:14-cv-04405-VSB, 65 in 1:14-cv-01963-VSB, 54 in 1:14-cv-04407-VSB, 57 in 1:14-cv-04399-VSB, 25 in 1:14-cv-07750-VSB, 62 in 1:14-cv-01716-VSB, 52 in 1:14-cv-04414-VSB, 70 in 1:14-cv-03790-VSB, 56 in 1:14-cv-04403-VSB, 55 in 1:14-cv-02267-VSB, 55 in 1:14-cv-02255-VSB, 24 in 1:15-cv-08985-VSB) MOTION for Fei-Lu Qian to Withdraw as Attorney . filed by James G. Long. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Fei-Lu Qian terminated. (Signed by Magistrate Judge Henry B. Pitman on 1/16/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ne)
January 16, 2019 Opinion or Order Filing 57 NOTICE OF WITHDRAWAL OF FEI-LU-QIAN AS COUNSEL in case 1:14-cv-00905-VSB; granting (499) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-md-02542-VSB-HBP. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/16/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al. (jca)
January 15, 2019 Filing 56 MOTION for Fei-Lu Qian to Withdraw as Attorney . Document filed by James G. Long.Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Qian, Fei-Lu)
January 11, 2019 Opinion or Order Filing 55 STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 1/11/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ne)
January 11, 2019 Opinion or Order Filing 54 STIPULATION AND ORDER REGARDING NON-DISCOVERABILITY OF CERTAIN EXPERT MATERIALS AND COMMUNICATIONS: Within three business days of any Party serving an expert report or declaration in this case, the Party proffering the expert witness shall produce all documents and information required by Rule 26(a)(2)(B), as modified both by the provisions of this stipulation and Rule 26(b)(4). The parties agree that there shall be no less than fourteen days between service of this material and any deposition of the expert whose report or declaration the material relates to. The Parties agree that any production or disclosures made pursuant to Rule 26(a)(2)(B)(ii) and any materials subject to discovery under Rule 26(b)(4)(C)(ii) shall be limited to the facts and data the expert relied upon as a basis for the expert's opinion or report. (As further set forth in this stipulation) IT IS SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 1/11/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ne)
January 4, 2019 Opinion or Order Filing 53 MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE OF ATTORNEY BERNARD PERSKY granting (490 in 14-md-2542) Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. MOTION for Bernard Persky to Withdraw as Attorney . filed by Ney Silverman Insurance Associates, L.L.C. (Signed by Magistrate Judge Henry B. Pitman on 1/3/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(rj)
January 3, 2019 Opinion or Order Filing 52 MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE OF ATTORNEY BERNARD PERSKY granting (490 in 14-md-2542) Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Bernard Persky terminated in case 1:14-md-02542-VSB-HBP). (Signed by Judge Vernon S. Broderick on 1/3/2019) **Filed in All MemberCases: 1:14-md-02542-VSB-HBP et al. (anc)
December 12, 2018 Opinion or Order Filing 51 JOINT STIPULATION AND ORDER REGARDING PRODUCTION DEADLINES: The Parties hereby agree to and submit this stipulation and proposed order regarding production deadlines: December 18, 2018: Deadline for Keurig to produce its revised privilege logs pursuant to ECF No. 473. January 4, 2019: Deadline for TreeHouse, JBR, and Keurig to substantially complete production1 of non-privileged documents, subject to objections, from the initial Agreed Custodians in response to all requests for production pending at this time. January 4, 2019: Deadline to make substantial production of non-privileged documents, subject to objections, from 12 additional custodians to be produced by Keurig, five additional custodians to be produced by TreeHouse, and one additional custodian to be produced by JBR in response to all requests for production pending at this time. (As further set forth in this Stipulation) (Signed by Magistrate Judge Henry B. Pitman on 12/12/2018) Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(ne)
December 10, 2018 Filing 50 NOTICE OF CHANGE OF ADDRESS by George S Cary on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. New Address: Cleary Gottlieb Steen & Hamilton LLP, 2112 Pennsylvania Avenue, NW, Suite 1000, Washington, DC, 20037, (202) 974-1500. Filed In Associated Cases: 1:14-md-02542-VSB-HBP et al.(Cary, George)
December 13, 2017 Filing 49 LETTER addressed to Judge Vernon S. Broderick from Wayne F. Dennison dated 12/12/2017 re: Production of Unredacted Complaint and Demand for Jury Trial. Document filed by Sagentia, Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB et al.(Dennison, Wayne)
December 13, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Wayne F. Dennison to RE-FILE Document (63 in 1:14-cv-03790-VSB, 47 in 1:14-cv-02267-VSB, 17 in 1:15-cv-08985-VSB, 108 in 1:14-cv-00905-VSB, 59 in 1:14-cv-01671-VSB, 18 in 1:14-cv-07750-VSB, 45 in 1:14-cv-02692-VSB, 56 in 1:14-cv-04398-VSB, 45 in 1:14-cv-04414-VSB, 47 in 1:14-cv-04407-VSB, 40 in 1:14-cv-03032-VSB, 57 in 1:14-cv-04391-VSB, 46 in 1:14-cv-02255-VSB, 382 in 1:14-md-02542-VSB, 47 in 1:14-cv-01836-VSB, 48 in 1:14-cv-04403-VSB, 56 in 1:14-cv-01963-VSB, 48 in 1:14-cv-04405-VSB, 49 in 1:14-cv-02530-VSB, 42 in 1:14-cv-02582-VSB, 52 in 1:14-cv-02219-VSB, 58 in 1:14-cv-01609-VSB, 45 in 1:14-cv-02670-VSB, 46 in 1:14-cv-04392-VSB, 49 in 1:14-cv-04399-VSB, 51 in 1:14-cv-03018-VSB, 55 in 1:14-cv-01716-VSB, 100 in 1:14-cv-04242-VSB) LETTER MOTION to Compel TreeHouse Foods, Inc., Bay Valley Foods LLC and Strum Foods, Inc. to Produce Unredacted Complaint and Demand for Jury Trial addressed to Judge Vernon S. Broderick from Wayne F. Dennison dated 12/12/2017. Use the event type Letter found under the event list Other Documents. Filed In Associated Cases: 1:14-md-02542-VSB et al.(db)
December 12, 2017 Filing 48 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel TreeHouse Foods, Inc., Bay Valley Foods LLC and Strum Foods, Inc. to Produce Unredacted Complaint and Demand for Jury Trial addressed to Judge Vernon S. Broderick from Wayne F. Dennison dated 12/12/2017. Document filed by Sagentia, Inc. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB et al.(Dennison, Wayne) Modified on 12/13/2017 (db).
November 9, 2016 Opinion or Order Filing 47 ORDER: I am in receipt of the letter filed on October 28, 2016, by Plaintiffs TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc., on behalf of all Plaintiffs, requesting that this Court enter Plaintiffs' proposed Preliminary Case Management Plan and Scheduling Order (Doc. 350), as well as the two exhibits attached to Plaintiffs' letter (Doc. 350-1; Doc. 350-2). I am also in receipt of the letter filed on October 28, 2016, by Defendant Keurig Green Mountain, Inc., requesting that this Court enter Defendant's proposed Preliminary Case Management Plan and Scheduling Order (Doc. 351), as well as the two exhibits attached to Defendant's letter (Doc. 351-1; Doc. 351-2). For the reasons stated on the record at the discovery conference held on November 4, 2016, it is hereby ORDERED as follows: Plaintiffs will have thirty (30) days after the time that Defendant files an answer to amend the pleadings without seeking leave of the Court. Plaintiffs are instructed to thereafter act in accordance with Federal Rule of Civil Procedure 15. Within forty-five (45) days after this Court's decision on the motions to dismiss, the parties are instructed to file a status update letter with the Court: Informing the Court about any agreement on the number and identity of document custodians and further detailing any objections, including the categories of those objections; For party depositions, providing the projected number of hours needed, the number of witnesses likely to be deposed, the specific witnesses likely to be deposed, and any disagreements with respect to any individual's deposition; For nonparty depositions, providing the anticipated number of depositions as well as the projected hours required for these depositions, and any other details concerning the respective views of both parties on this issue. The parties may serve interrogatories no later than ninety (90) days before the close of fact discovery. The parties shall serve contention interrogatories and requests for admission no later than thirty (30) days after the close of fact discovery, but in any event before dispositive motions are filed. After exchanging custodian lists, the parties shall meet and confer concerning any issues related to those lists. The parties shall meet and confer concerning any issues related to authentication and admissibility before dispositive motions are filed. The parties shall further meet and confer regarding the issue of depositions. The parties shall meet and confer concerning the issue of scheduling expert discovery. By November 18, 2016, the parties shall propose a time for this Court to schedule a conference addressing the same. The parties shall file with this Court a proposed Preliminary Case Management Plan and Scheduling Order reflecting this Court's instructions by November 14, 2016. (Signed by Judge Vernon S. Broderick on 11/9/2016) Filed In Associated Cases: 1:14-md-02542-VSB et al., as per Chambers. (mro) Modified on 11/14/2016 (mro).
August 4, 2016 Opinion or Order Filing 46 ORDER: I am in receipt of the letter motion filed on July 6, 2016, by Plaintiffs TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc., on behalf of all Plaintiffs, seeking an order lifting the stay of discovery in place in all actions in the MDL. (Doc. 321.) Defendants filed a response to Plaintiffs' letter motion on July 11, 2016. For the reasons stated on the record at the discovery conference held on August 1, 2016, it is hereby ORDERED as follows: The stay of discovery is lifted for all actions in this MDL and discovery will commence as indicated below: All parties are permitted to serve discovery demands and objections; After serving discovery demands, the parties are instructed to conduct a Rule 26(f) conference; The parties do not need to begin the production of documents at this time; The parties are permitted to serve subpoenas on third parties, including those third parties Defendant Keurig Green Mountain has provided with the approved preservation notice, to preserve the relevant documents and evidence; The parties shall meet and confer concerning scheduling of the above discovery and file a status update letter on or before September 2, 2016. (Signed by Judge Vernon S. Broderick on 8/4/2016) Filed In Associated Cases: 1:14-md-02542-VSB et al.(lmb)
April 7, 2016 Opinion or Order Filing 45 MEMO ENDORSEMENT in case 1:14-md-2542-VSB; granting (315) Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Peter Anthony Barile, III terminated in case 1:14-md-02542-VSB and 1:14-cv-1716. (Signed by Judge Vernon S. Broderick on 4/7/2016) Filed In Associated Cases: 1:14-md-02542-VSB et al. (lmb) Modified on 4/7/2016 (lmb). Modified on 4/7/2016 (lmb).
September 16, 2015 Filing 44 NOTICE OF CHANGE OF ADDRESS by Daniel Johnson, Jr on behalf of JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), JBR, Inc.. New Address: Dan Johnson Law Group, 400 Oyster Point Blvd., Suite 321, South San Francisco, CA, USA 94080, 415-604-4442. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Johnson, Daniel)
June 18, 2015 Filing 43 NOTICE OF CHANGE OF ADDRESS by Bradley J. Demuth on behalf of Henry A. Rocker, David Rosenthal. New Address: Nussbaum Law Group, P.C., 570 Lexington Avenue, 19th Fl., New York, NY, USA 10022, (212) 702-7055. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
January 26, 2015 Filing 42 LETTER addressed to Judge Vernon S. Broderick from Bradley J. Demuth dated 01/26/2015 re: Non-party document preservation notice. Document filed by Todd W. Springer, All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Patricia Hall, Matthew Hashem, Armando Herrera, Judy Hoyer, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, John Lohin, James G. Long, Linda Major, Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, David Rosenthal, Lauren Jill Schneider, Shirley Schroeder, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams, Michael J. Flanagan, Darlene M. Kennedy, Jonna Dugan, JBR, Inc. (d/b/a Rogers Family Company), Lorie Rehma, Patricia J. Nelson, Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Brier Miller Minor, Patricia J. Nelson, Lorie Rehma, JBR, Inc., David Rosenthal. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
December 1, 2014 Opinion or Order Filing 41 ORDER: All Plaintiffs have requested leave to file Amended Complaints and supporting exhibits under seal and to file redacted versions thereof on the public docket. Plaintiffs seek to redact material designated as confidential under the protective order governing this litigation, (Doc. 189), as well as material designated as confidential under a protective order governing prior litigation between Defendant Keurig Green Mountain, Inc., and Plaintiff JBR, Inc. Defendant has not objected to these requests. All requests by Plaintiffs are therefore GRANTED with respect to all proposed redactions. The parties are ordered to meet and confer regarding a briefing schedule and appropriate page limits for any anticipated motions to dismiss. Consistent with my previous ruling, (Doc. 155), each motion to dismiss shall be briefed separately. The parties shall file a joint status report by December 15, 2014, setting forth a proposed briefing schedule and proposed page limits and, if unable to reach agreement, identifying any disputes that I must resolve. (Signed by Judge Vernon S. Broderick on 12/1/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al.(lmb)
December 1, 2014 Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/4/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
December 1, 2014 Filing 39 Redaction of (40 in 1:14-cv-01671-VSB, 24 in 1:14-cv-04414-VSB, 28 in 1:14-cv-04392-VSB, 72 in 1:14-cv-00905-VSB, 69 in 1:14-cv-04242-VSB, 30 in 1:14-cv-01836-VSB, 32 in 1:14-cv-02530-VSB, 25 in 1:14-cv-02582-VSB, 37 in 1:14-cv-01609-VSB, 40 in 1:14-cv-04391-VSB, 25 in 1:14-cv-02670-VSB, 31 in 1:14-cv-04405-VSB, 26 in 1:14-cv-02219-VSB, 44 in 1:14-cv-03790-VSB, 143 in 1:14-md-02542-VSB, 24 in 1:14-cv-02692-VSB, 34 in 1:14-cv-03018-VSB, 39 in 1:14-cv-04398-VSB, 31 in 1:14-cv-04403-VSB, 27 in 1:14-cv-04407-VSB, 29 in 1:14-cv-01716-VSB, 23 in 1:14-cv-03032-VSB, 24 in 1:14-cv-02267-VSB, 32 in 1:14-cv-04399-VSB, 29 in 1:14-cv-02255-VSB, 39 in 1:14-cv-01963-VSB) Transcript,, Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
December 1, 2014 Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/3/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
December 1, 2014 Filing 37 Redaction of (23 in 1:14-cv-02582-VSB, 38 in 1:14-cv-01671-VSB, 70 in 1:14-cv-00905-VSB, 28 in 1:14-cv-01836-VSB, 37 in 1:14-cv-01963-VSB, 27 in 1:14-cv-01716-VSB, 35 in 1:14-cv-01609-VSB, 22 in 1:14-cv-02692-VSB, 26 in 1:14-cv-04392-VSB, 23 in 1:14-cv-02670-VSB, 32 in 1:14-cv-03018-VSB, 38 in 1:14-cv-04391-VSB, 24 in 1:14-cv-02219-VSB, 25 in 1:14-cv-04407-VSB, 37 in 1:14-cv-04398-VSB, 29 in 1:14-cv-04403-VSB, 22 in 1:14-cv-04414-VSB, 27 in 1:14-cv-02255-VSB, 30 in 1:14-cv-02530-VSB, 21 in 1:14-cv-03032-VSB, 30 in 1:14-cv-04399-VSB, 67 in 1:14-cv-04242-VSB, 22 in 1:14-cv-02267-VSB, 42 in 1:14-cv-03790-VSB, 29 in 1:14-cv-04405-VSB, 141 in 1:14-md-02542-VSB) Transcript,, Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
November 25, 2014 Filing 36 CERTIFICATE OF SERVICE. Document filed by Kenneth B. Burkley, Roger Davidson, Judy Hoyer, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, Todd W. Springer. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
October 28, 2014 Opinion or Order Filing 35 ORDER NO. 8 (RULING ON PREVIOUSLY PRODUCED DOCUMENTS): Plaintiffs in all four related actions within this multidistrict litigation have requested that the Court lift its previous restriction, (Doc. #76 ), on the use of certain documents produced by Defendant Keurig Green Mountain, Inc. ("Keurig") in previous litigation against Plaintiff JBR, Inc. ("JBR"). Some Plaintiffs have represented that they intend to incorporate material from those documents in an amended complaint. (Doc. 182 .) For the reasons stated below, to the extent consistent with the parties' obligations under all applicable protective orders and only for the limited purpose of filing any amended complaints, Plaintiffs' request is GRANTED. (See Order.) (Signed by Judge Vernon S. Broderick on 10/28/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al.(ajs)
October 21, 2014 Opinion or Order Filing 34 ORDER: The Court is in receipt of a request by counsel by Keurig Green Mountain, Inc. ("Keurig"), for leave to file under seal: (1) portions of a letter opposing Plaintiffs' request to make immediate use of certain previously produced documents; and (2) Exhibit B in support of the letter. Because the specified portions of the letter and Exhibit B contain material designated as highly confidential by the parties, Keurig's request to file those documents under seal in GRANTED. (Signed by Judge Vernon S. Broderick on 10/21/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al, Pursuant to instructions from Chambers. (mro)
October 21, 2014 Filing 33 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 10/21/2014 re: use of previously produced documents. Document filed by JBR, Inc..Filed In Associated Cases: 1:14-md-02542-VSB et al.(Johnson, Daniel)
September 16, 2014 Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/4/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
September 16, 2014 Filing 31 TRANSCRIPT of Proceedings re: HEARING held on 9/4/2014 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. 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. Redaction Request due 10/10/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/18/2014.Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
September 16, 2014 Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/3/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
September 16, 2014 Filing 29 TRANSCRIPT of Proceedings re: HEARING held on 9/3/2014 before Judge Vernon S. Broderick. Court Reporter/Transcriber: William Richards, (212) 805-0300. 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. Redaction Request due 10/10/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/18/2014.Filed In Associated Cases: 1:14-md-02542-VSB et al.(McGuirk, Kelly)
September 3, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Preliminary Hearing held on 9/3/2014. (Court Reporter Bill Richards and Mike McDaniel) Associated Cases: 1:14-md-02542-VSB et al.(msa)
August 26, 2014 Opinion or Order Filing 28 ORDER in case 1:14-cv-00905-VSB; granting (110) Motion for Herman J. Hoying to Appear Pro Hac Vice in case 1:14-md-02542-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 19, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 8/19/2014. Associated Cases: 1:14-md-02542-VSB et al.(msa)
August 12, 2014 Opinion or Order Filing 27 ORDER in case 1:14-cv-00905-VSB; granting (83) Motion for Michael F. Carr to Appear Pro Hac Vice in case 1:14-md-02542-VSB. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 7, 2014 Opinion or Order Filing 26 ORDER in case 1:14-cv-00905-VSB; granting (69) Motion for Jacob J.O. Minne to Appear Pro Hac Vice in case 1:14-md-02542-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 7, 2014 Opinion or Order Filing 25 ORDER in case 1:14-cv-00905-VSB; granting (77) Letter Motion for Conference ( Discovery Hearing set for 8/7/2014 at 12:45 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) in case 1:14-md-02542-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 7, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Discovery Hearing held on 8/7/2014. Associated Cases: 1:14-md-02542-VSB et al.(msa)
August 6, 2014 Opinion or Order Filing 24 ORDER in case 1:14-cv-00905-VSB; granting (72) Motion for Ahren C. Hsu-Hoffman to Appear Pro Hac Vice in case 1:14-md-02542-VSB. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 6, 2014 Opinion or Order Filing 23 ORDER in case 1:14-cv-00905-VSB; granting (71) Motion for Dion M. Bregman to Appear Pro Hac Vice in case 1:14-md-02542-VSB. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
August 5, 2014 Opinion or Order Filing 22 ORDER SCHEDULING BRIEFING ON MOTION TO DISMISS: Defendant shall file its Motions to Dismiss on or before 10/6/2014. On or before 10/27/2014, each Plaintiff shall inform Defendant whether that Plaintiff intends to file an amended complaint. On or before 11/25/2014, each Plaintiff shall file (i) an amended complaint, or (ii) an opposition to Defendant's Motion to Dismiss. Defendant shall file its reply to Plaintiffs' Oppositions, if any, on or before 12/15/2014. Keurig may not use this extended briefing schedule as a basis to seek postponement of the September 3-5 hearing dates. The parties will not use the amount of time of this agreed-upon extension as a basis to argue that discovery should or should not be had, as the case may be. No party waives any other rights that it might have. (Amended Pleadings due by 11/25/2014. Motions due by 10/6/2014. Responses due by 11/25/2014, Replies due by 12/15/2014.) (Signed by Judge Vernon S. Broderick on 8/5/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al.(tro)
July 24, 2014 Opinion or Order Filing 21 ORDER in case 1:14-cv-00905-VSB; granting (54) Motion for Daniel D. Owen to Appear Pro Hac Vice in case 1:14-md-02542-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
July 9, 2014 Opinion or Order Filing 20 ORDER NO. 2: The Clerk of Court is directed to open a master case file bearing docket number 14-MC-2542. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation." For administrative purposes only, in 14-MC-2542, the following groups shall be listed as Plaintiffs: Treehouse Foods, Inc.; JBR, Inc; Indirect Purchasers; and Direct Purchasers. Defendant shall be listed as "Keurig Green Mountain, Inc." The appearances entered for Plaintiffs in 14-MC-2542 shall be as follows: Treehouse Foods, Inc.: Aldo A. Badini and Dan K. Webb; JBR, Inc.: Daniel Johnson, Jr.; Direct Purchasers: Linda P. Nussbaum, Michael M. Buchman, and Hollis Salzman; Indirect Purchasers: Robert Kaplan, Bruce L. Simon, and Fred Taylor Isquith. The only appearances entered for Defendant in 14-MC-2542 shall be Lev Dassin, George S. Cary, Leah Brannon, Landon Y. Jones, Wendelynne J. Newton, and Courtney Jack Linn. The Clerk of Court is directed to transfer the following docket entries from 14-MD-2542 to 14-MC-2542: Docs. 1 (Transfer Order); 2 (6/10/14 Letter from Lev Dassin); 3 (Transfer Order); 5 (6/13/14 Letter from Dan Webb); 6 (Motion to Appoint Counsel); 7 (Memorandum of Law in Support of Motion to Appoint Counsel); 8 (Declaration of Robert N. Kaplan in Support of Motion to Appoint Counsel); 9 (Order); 12 (6/16/14 Letter from Daniel Johnson, Jr.); 27 (Motion to Expedite Discovery); 28 (Memorandum of Law in Support of Motion to Expedite Discovery); 30 (Order No. 1); 32 (6/26/14 Letter from Direct Purchasers Interim Co-Lead Counsel); 33 (6/19/14 Transcript); 35 (Memo Endorsement on Doc. 32); 36 (Order Appointing Liaison Counsel and Interim Co-Lead Counsel for Indirect Purchasers); 37 (6/26/14 Letter from Aldo Badini); and 41 (Joint Electronic Discovery Submission No. 1 and Order). The Clerk of Court is also directed to transfer the following docket entry from 14-CV-905 to 14-MD-2542 and 14-MC-2542: Doc. 47 (6/5/14 Letter from Daniel Johnson, Jr.). This Order shall be docketed in 14-MD-2542, and all matters consolidated therewith. This Order and all subsequent entries docketed in 14-MC-2542 are to be docketed simultaneously in 14-MD-2542. Docket 14-MC-2542 is to contain only my case management orders, letters from counsel that I have docketed, and other substantive filings that relate to all actions (e.g., master pleadings, motion papers). It should not include pro hac vice motion papers, the Court's standing orders, conditional transfer orders, notices of appearance, and the like. Papers filed inappropriately will be stricken from the docket. If there is any doubt as to whether a substantive filing shall be made in 14-MC-2542, Counsel may seek the Court's guidance. (Signed by Judge Vernon S. Broderick on 7/9/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro)
July 1, 2014 Opinion or Order Filing 19 JOINT ELECTRONIC DISCOVERY SUBMISSION NO. 1 AND ORDER: This Joint Submission and Order (and any subsequent ones) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action and in Related Actions, as further set forth in this order. (Signed by Judge Vernon S. Broderick on 7/1/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al.(tn)
June 30, 2014 Filing 18 NOTICE OF APPEARANCE by Thomas H. Burt on behalf of Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Brier Miller Minor, Patricia J. Nelson, Lorie Rehma, Shirley Schroeder, Patricia J. Nelson, Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Patricia J. Nelson, Lorie Rehma, Constance Werthe. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Burt, Thomas)
June 24, 2014 Opinion or Order Filing 17 ORDER NO. 1: Accordingly, the Clerk of Court is respectfully directed to review any pro hac vice motions in this matter. It is ORDERED that any party who the Clerk of Court deems to have properly submitted such a motion shall be deemed admitted pro hac vice. (Signed by Judge Vernon S. Broderick on 6/23/2014) Filed In Associated Cases: 1:14-md-02542-VSB et al. (tn)
June 23, 2014 Set/Reset Deadlines: Motions due by 10/8/2014. Associated Cases: 1:14-md-02542-VSB et al.(msa)
June 19, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Status Conference held on 6/19/2014. Motion for Expedited Discovery: June 23, 2014; Opposition: July 7, 2014; Letter from Indirect/Direct Class Counsel regarding liaison counsel: June 26, 2014; Consolidated Indirect/Direct Complaints: July 24, 2014; Motions to Dismiss: August 25, 2014;Oppositions: September 24, 2014; Reply: October 8, 2014. (Court Reporter Michael McDonald) Associated Cases: 1:14-md-02542-VSB et al.(msa)
June 19, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Status Conference held on 6/19/2014. Motion for Expedited Discovery: June 23, 2014; Opposition: July 7, 2014; Letter from Indirect/Direct Class Counsel regarding liaison counsel: June 26, 2014; Consolidated Indirect/Direct Complaints: July 24, 2014; Motions to Dismiss: August 25, 2014;Oppositions: September 24, 2014; Reply: August 8, 2014. (Court Reporter Michael McDonald) Associated Cases: 1:14-md-02542-VSB et al.(msa)
June 19, 2014 Opinion or Order Filing 16 ORDER in case 1:14-cv-00905-VSB; granting (15) Motion for Elaine Harris Ewing to Appear Pro Hac Vice in case 1:14-md-02542-VSB (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
June 19, 2014 Opinion or Order Filing 15 ORDER in case 1:14-cv-00905-VSB; granting (13) Motion for Daniel Johnson, Jr. to Appear Pro Hac Vice in case 1:14-md-02542-VSB. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) Filed In Associated Cases: 1:14-md-02542-VSB et al. (Broderick, Vernon)
June 18, 2014 Opinion or Order Filing 14 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed In Associated Cases: 1:14-cv-04403(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Filing 13 MDL TRANSFERRED IN from the United States District Court - District of California Southern; Case Number: 3:14-cv-01143. Original file certified copy of transfer order and docket entries received. (sjo)
June 18, 2014 CASE ACCEPTED AS RELATED. Create association to 1:14-md-02542-VSB. (sjo)
June 18, 2014 CONSOLIDATED MDL CASE: Create association to 1:14-md-02542-VSB. (sjo)
June 18, 2014 Magistrate Judge Henry B. Pitman is so designated. (sjo)
June 18, 2014 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
June 18, 2014 Case Designated ECF. (sjo)
June 12, 2014 Filing 12 Case transferred to District of New York, Southern. Files transferred electronically to: *District of New York, Southern*. (Attachments: #1 Conditional Transfer Order) (kas) [Transferred from California Southern on 6/18/2014.]
May 28, 2014 Opinion or Order Filing 11 ORDER Consolidating the Indirect Purchaser Actions and Appointing Wolf Haldenstein Adler Freeman & Herz LLP as Interim Lead Class Counsel. The Indirect Purchaser Actions shall be consolidated under the low numbered case, Schroeder v. Keurig Green Mountain, Inc. et al., Case No. 14-cv-00678 DMS(KSC), which shall be referred to herein as the "Consolidated Indirect Purchaser Action." The files of the Consolidated Indirect Purchaser Action shall be maintained in one file under Master Docket and File No. 14cv00678. All orders, pleadings, motions and other documents shall, when filed and docketed in the Master File, be deemed filed and docketed in each individual case to the extent applicable. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints Wolf Haldenstein Adler Freeman & Herz LLP as Interim Lead Class Counsel in the Consolidated Indirect Purchaser Action. Signed by Judge Dana M. Sabraw on 5/28/2014.(aef) [Transferred from California Southern on 6/18/2014.]
May 27, 2014 Filing 10 WAIVER OF SERVICE Returned Executed by Patricia J. Nelson, as to Keurig, Inc.. (Rickert, Rachele) (aef). [Transferred from California Southern on 6/18/2014.]
May 27, 2014 Filing 9 WAIVER OF SERVICE Returned Executed by Patricia J. Nelson, as to Keurig Green Mountain, Inc.. (Rickert, Rachele) (aef). [Transferred from California Southern on 6/18/2014.]
May 14, 2014 Filing 8 Corporate Disclosure Statement by Keurig Green Mountain, Inc., Keurig, Inc. identifying Other Affiliate The Coca-Cola Company for Keurig Green Mountain, Inc., Keurig, Inc... (Attachments: #1 Proof of Service)(Cary, George) (aef). [Transferred from California Southern on 6/18/2014.]
May 14, 2014 Filing 7 PRO HAC VICE APPOINTED: Frederick T. Isquith appearing for Plaintiff Patricia J. Nelson (jao) [Transferred from California Southern on 6/18/2014.]
May 12, 2014 Opinion or Order Filing 6 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Dana M. Sabraw and Magistrate Judge Karen S. Crawford for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Jill L. Burkhardt no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:14-cv-00678-DMS-KSC. The new case number is 14CV1143-DMS-KSC. Signed by Judge Cathy Ann Bencivengo on 05/09/2014. Signed by Judge Dana M. Sabraw on 05/08/2014. Motions set before Karen S. Crawford.(yeb) [Transferred from California Southern on 6/18/2014.]
May 8, 2014 Filing 5 Joint MOTION for Extension of Time to File Response to Plaintiffs' Complaint by Keurig Green Mountain, Inc., Keurig, Inc.. (Attachments: #1 Proof of Service)(Cary, George)Attorney George Stephen Cary added to party Keurig Green Mountain, Inc.(pty:dft), Attorney George Stephen Cary added to party Keurig, Inc. (pty:dft) (yeb). [Transferred from California Southern on 6/18/2014.]
May 8, 2014 Filing 4 Corporate Disclosure Statement by Keurig Green Mountain, Inc., Keurig, Inc.. (Attachments: #1 Proof of Service)(Cary, George) (yeb). [Transferred from California Southern on 6/18/2014.]
May 7, 2014 Filing 3 NOTICE OF RELATED CASE(S) by Patricia J. Nelson of case(s) 14cv678; 14cv696; 14cv976; 14cv1131 re #1 Complaint, . (Rickert, Rachele)(yeb). Low number prepared. [Transferred from California Southern on 6/18/2014.]
May 7, 2014 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dls)(av1). [Transferred from California Southern on 6/18/2014.]
May 6, 2014 Filing 1 COMPLAINT with Jury Demand against Keurig Green Mountain, Inc., Keurig, Inc. (Filing fee $400 receipt number 0974-7005740), filed by Patricia J. Nelson. (Attachments: #1 Cover Sheet).The new case number is 3:14-cv-1143-CAB-JLB. Judge Cathy Ann Bencivengo and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Rickert, Rachele)(dls) (av1). [Transferred from California Southern on 6/18/2014.]

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Search for this case: Nelson v. Keurig Green Mountain, Inc. et al
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Defendant: Keurig Green Mountain Inc.
Represented By: George S Cary
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Defendant: Green Mountain Coffee Roasters Inc.
Represented By: George S Cary
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Defendant: Keurig, Inc.
Represented By: George S Cary
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Plaintiff: Patricia J. Nelson
Represented By: Rachele R Rickert
Represented By: Frederick Taylor Isquith, Sr
Represented By: Thomas H. Burt
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Petitioner: Sagentia, Inc.
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