In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
| Indirect Purchasers, Direct Purchasers, JBR Inc and Treehouse Foods, Inc. |
| Keurig Green Mountain, Inc. |
| 1:2014mc02542 |
| July 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Vernon S Broderick |
| Other |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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Filing 75
LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated January 16, 2020. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Mukhi, Rahul)
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Filing 74
FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Text of Proposed Order Order, #2 Affidavit Declaration)(Amezcua, Carrie) Modified on 2/20/2019 (ma).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #74 AMENDED MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Please list the correct case number on the documents.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
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Filing 73
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16333122. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration)(Amezcua, Carrie) Modified on 2/12/2019 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16333122. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Missing Certificate from the District of Columbia ;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 72
NOTICE OF APPEARANCE by Samantha Lee Southall on behalf of Keurig Green Mountain, Inc.. (Southall, Samantha)
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Filing 71
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Vernon S. Broderick on 2/21/2018) (ap)
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Filing 70
ORDER: denying (in case 14md2542 223 Motion to Dismiss; denying 226 Motion to Dismiss; denying 229 Motion to Dismiss; granting in part and denying in part 231 ) Motion to Dismiss. IT IS HEREBY ORDERED that for the reasons that will be set forth in a memorandum and opinion to be issued at a later date, Defendant's motion to dismiss (1) the Rogers Amended Complaint is DENIED; (2) the Treehouse Amended Complaint is DENIED; (3) the DPP Amended Complaint is DENIED; and (4) the IPP Second Amended Complaint is GRANTED with respect to the IPPs' Fourth, Fifth, Sixth, Seventh, and Eighth Claims for Relief, (see IPP Sec. Am. Compl. 25194). A decision on Defendant's motion to dismiss the IPP Second Amended Complaint with respect to the IPPs' remaining Claims for Relief will be issued in the forthcoming memorandum and opinion; IT IS FURTHER ORDERED that Discovery shall hereby proceed in full pursuant to the proposed preliminary case management plan and scheduling order filed by the parties on November 14, 2016, (see Doc. 354-1); IT IS FURTHER ORDERED that all discovery deadlines heretofore subject to the resolution of Defendant's motions to dismiss shall commence to run on December 1, 2017, (see id.); IT IS FURTHER ORDERED that Plaintiffs' letter motion requesting a lift of the discovery stay, (Doc. 364), and Plaintiff J.B.R. Inc.'s letters requesting the opportunity to supplement the evidentiary record concerning its request to lift the discovery stay, (Doc. 375), and requesting leave to file documents under seal, (Doc. 376), are DENIED as moot; and IT IS FURTHER ORDERED that the discovery conference scheduled for November 30, 2017, (Doc. 373), is hereby canceled, and as further set forth in this order. (Docketed in 14md2542 and 14mc2542) (Signed by Judge Vernon S. Broderick on 11/29/2017) (ap)
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Filing 69
NOTICE OF CHANGE OF ADDRESS by Terry Gross on behalf of Indirect Purchasers. New Address: Gross & Belsky P.C., 201 Spear Street, Suite 1100, San Francisco, CA, United States 94105, 4155440200. (Gross, Terry)
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Filing 68
MOTION for Linda P. Nussbaum and Bradley J. Demuth to Withdraw as Attorney . Document filed by Direct Purchasers.(Demuth, Bradley)
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Filing 67
ORDER NO. 9 (RULING OF REQUESTED TRANSCRIPT REDACTIONS): For the reasons stated above, JBR's requests for redaction are GRANTED, and Keurig's requests for redaction are GRANTED IN PART and DENIED IN PART. The Court has provided the parties and the Court Reporter with the approved redactions to the transcript of the preliminary injunction hearing. The Court Reporter is respectfully directed to redact the transcript, (Docs. 141, 143), in accordance with this Order and to publish a redacted version of the transcript on the public docket no earlier than November 17, 2014. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/5/2014) (ajs)
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Filing 66
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) (ajs)
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Filing 64
MEMORANDUM & ORDER re: #36 MOTION for Preliminary Injunction. For the foregoing reasons, JBR has not made a clear showing that it is imminently likely to suffer irreparable harm without this Court's emergency intervention. I therefore need not address the other requirements for the issuance of an injunction, and I express no view concerning JBR's likelihood of success on the merits. See Rodriguez, 175 F.3d at 234. JBR's motion for a preliminary injunction is DENIED. (Signed by Judge Vernon S. Broderick on 9/19/2014) (lmb) (Main Document 64 replaced on 10/6/2014) (msa).
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Filing 63
ORDER denying #36 Motion for Preliminary Injunction: On August 11, 2014, Plaintiff JBR, Inc. ("JBR") filed a motion for a preliminary injunction seeking to prohibit Defendant Keurig Green Mountain, Inc., from promoting or selling its new Keurig 2.0 brewer with a "lock-out" of unlicensed portion packs, and from making false or misleading statements about JBR's products. JBR has not made a clear showing that it is imminently likely to suffer irreparable harm in the absence of preliminary relief. See Grand River Enter. Six Nations, Ltd. v. Pryor, 481 F.3d 60, 66 (2d Cir. 2007). Accordingly, JBR's motion for a preliminary injunction is DENIED. A Memorandum and Order explaining my decision has been filed under seal because it relies upon material that the parties have designated as highly confidential. By September 30, 2014, the parties shall provide the Court with proposed redactions to the Memorandum and Order. I will consider the parties' proposed redactions and will file a redacted version of the Memorandum and Order on the public docket. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/19/2014) (ja)
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Filing 62
DECLARATION of Daniel Johnson, Jr. in Support re: MOTION for Preliminary Injunction. Document filed by JBR, Inc. (Original document filed in 14MD2542, document number 135 and docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 61
DECLARATION of Sandeep Chatterjee in Support re: MOTION for Preliminary Injunction. Document filed by JBR, Inc. (Original document filed in 14MD2542, document number 133 and docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 60
DECLARATION of Larry Stewart in Support re: MOTION for Preliminary Injunction. Document filed by JBR, Inc. (Original document filed in 14MD2542, document number 132 and docketed in 14mc2542 pursuant to instructions from Chambers.) (mro) Modified on 9/4/2014 (mro).
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Filing 59
DECLARATION of Michael Sarina in Support re: MOTION for Preliminary Injunction. Document filed by JBR, Inc. (Original document filed in 14MD2542, document number 131 and docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 58
REPLY MEMORANDUM OF LAW in Support re: MOTION for Preliminary Injunction. [REDACTED]. Document filed by JBR, Inc. (Original document filed in 14MD2542, document number 130 and docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 57
DECLARATION of Elaine Ewing in Opposition re: MOTION for Preliminary Injunction. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Original document filed in 14MD2542, document number 127 and docketed in 14mc2542 pursuant to instructions from Chambers.) ***Exhibits were too large to attach, please see original entry. (mro)
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Filing 56
DECLARATION of S.P. Kothari, Ph.D. in Opposition re: MOTION for Preliminary Injunction. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Original document filed in 14MD2542, document number 126 and docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 55
DECLARATION of Kevin M. Murphy, Ph.D. in Opposition re: MOTION for Preliminary Injunction. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Original document filed in 14MD2542, document number 125 and docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 54
MEMORANDUM OF LAW in Opposition re: MOTION for Preliminary Injunction. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Original document filed in 14MD2542, document number 124 and docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 53
ORDER: The Clerk's Office is respectfully directed to strike Docket Entry No. 51 and the associated deficiency notice from the docket. (Signed by Judge Vernon S. Broderick on 8/25/2014) (mro)
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***STRICKEN DOCUMENT. Deleted document number 51 and Note to Attorney Regarding Deficient Docket Entry from the case record. The document was stricken from this case pursuant to #53 Order. ***The entry was deleted in its entirety pursuant to instructions from Chambers. (mro)
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Filing 50
ORDER: The Court is in receipt of JBR's letter dated August 15, 2014, and Defendant's letter, dated August 18, 2014, redacted versions of which shall be filed on ECF along with the attachments to those letters, some of which will be filed under seal. The parties shall be available for a telephone conference tomorrow, August 19, 2014, at 11:00 a.m. Counsel for Defendant shall provide the Court with a dial-in number where all parties can be reached by today at 5:00 p.m. ( Telephone Conference set for 8/19/2014 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 8/18/2014) (mro)
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Filing 49
LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 08/12/2014 re: Discovery. Document filed by JBR, Inc. (This is document number 102 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 28
ORDER NO. 6 (Ruling on Disputed Documents): The Court is in receipt of JBR's letter dated August 12, 2014, a redacted version of which JBR shall file on ECF. After reviewing the documents, I have determined that none of the documents are specifically called for by the document requests or directly relevant to the deposition topics delineated in my July 23, 2014 Order. (No. 14-MD-2542, Doc. 20.) Thus, these documents may not be used to question witnesses at any remaining Rule 30(b)(6) depositions. However, to the extent JBR believes these documents are relevant for impeachment purposes, they may be used during cross-examination at the preliminary injunction hearing and may be submitted in support of JBR's reply brief. (Signed by Judge Vernon S. Broderick on 8/14/2014) (mro)
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Filing 48
DECLARATION of Daniel Johnson, Jr. in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc.(This is document number 99 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 47
DECLARATION of Warren Yamauchi in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 98 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 46
DECLARATION of Larry Stewart in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 97 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 45
DECLARATION of Gordon Rausser in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 96 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 44
DECLARATION of Sandeep Chatterjee in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 95 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 43
DECLARATION of Andrew Gross in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 94 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 42
DECLARATION of Michael Sarina in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 93 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 41
MEMORANDUM OF LAW in Support re: #36 MOTION for Preliminary Injunction. [REDACTED PURSUANT TO AUGUST 12, 2014 COURT ORDER-DKT. NO. 91]. Document filed by JBR, Inc. (This is document number 92 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 40
DECLARATION of Jennifer Fox in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 88 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 39
DECLARATION of Kathy Hybsch in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 87 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 38
DECLARATION of Jon Rogers in Support re: #36 MOTION for Preliminary Injunction. Document filed by JBR, Inc. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4) (This is document number 86 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 37
LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated August 11, 2014 re: Request for Permission to File Additional Declarations in Support of Rogers Motion for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 85 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 36
MOTION for Preliminary Injunction. Document filed by JBR, Inc. (This is document number 84 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 35
LETTER addressed to Judge Vernon S. Broderick from Aldo Badini dated August 11, 2014 re: Preliminary Injunction. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc. (This is document number 82 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 34
ORDER NO 5. (PI Hearing Submissions): In connection with the preliminary injunction hearing, by September 2, 2014 at 12:00 p.m., the parties shall exchange and submit the following: As set forth herein. Since JBR's reply brief is not due until September 2, 2014, the parties shall submit courtesy copies of the preliminary injunction papers to the Court after the opposition is filed. The parties are directed to my Individual Rule 4.E regarding the submission of courtesy copies. To the extent the parties intend to utilize the courtroom's electronics or other equipment during the hearing, they should contact my Deputy Clerk Mrs. Williams prior to or during the week of August 25, 2014. Finally, in the future, the parties are not required to send the Court courtesy copies of letter motions or pro hac vice motions unless the Court requests otherwise. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/08/2014) (This is document number 81 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 33
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) (This is document number 79 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro)
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Filing 32
LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated August 6, 2014 re: Opposition to 73 Defendant Keurig's Letter dated August 6, 2014. Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company). (This is document number 78 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 31
LETTER MOTION for Conference re: 73 Letter, 76 Memo Endorsement in 14MD2542, addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated August 6, 2014. Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company). (This is document number 77 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 30
MEMO ENDORSEMENT on re: #29 Lette, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Until further order of the Court, the documents produced in the Massachusetts litigation, as that term is defined in Defendant's August 6, 2014 letter, (Doc. 73), are not to be used in connection with the preliminary injunction motion, the expedited discovery, or in any way with regard to 14-MD-2542. (Signed by Judge Vernon S. Broderick on 8/6/2014) (This is document number 76 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.) (mro) Modified on 8/18/2014 (mro).
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Filing 29
LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated August 6, 2014 re: Rogers Impermissible Attempt to Expand Discovery. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (This is document number 73 in 14MD2542 and now docketed in 14mc2542 pursuant to instructions from Chambers.)(mro)
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Filing 27
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) (tro)
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Filing 26
LETTER addressed to Judge Vernon S. Broderick from Lev Dassin dated August 4, 2014 re: Expedited Discovery. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Document #67 in 14MD2542, docketed in 14MC2542 pursuant to instructions from Chambers.) (mro)
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Filing 25
LETTER addressed to Judge Vernon S. Broderick from Kent M. Roger dated August 4, 2014 re: Outstanding Dispute Regarding Keurig's Proposed Discovery Requests. Document filed by JBR, Inc. (Document #66 in 14MD2542, docketed in 14MC2542 pursuant to instructions from Chambers.)(mro)
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Filing 24
ORDER NO. 4 (Preliminary Injunction Rulings): The following reflects the rulings I made during the July 30, 2014 telephone conference: 1. Any motion for a preliminary injunction must be filed on or before August 11, 2014; 2. If the Competitor Plaintiffs plan to raise any new issues in their preliminary injunction motions, the Competitor Plaintiffs should meet and confer with Defendant prior to August 11 to address those issues. If the Competitor Plaintiffs fail to do so and choose to raise new issues in their motions, I will hear an application from Defendant should it think additional time is necessary to respond; 3. Defendant is permitted to propound discovery on any party moving for a preliminary injunction, and is also entitled to take a Rule 30(b)(6) deposition of each movant. Discovery is limited to documents and questions related to the issues raised by the preliminary injunction. The parties shall meet and confer regarding Defendant's discovery requests, and if there are any outstanding disputes they should be reduced to writing and submitted to me by August 4, 2014; 4. The Rule 30(b)(6) depositions of each party will be seven hours per witness. I will be available if the parties believe that questioning is repetitive or harassing, or if a dispute arises during a deposition; 5. JBR's request to depose any declarants or affiants in support of Defendant's opposition is denied. The parties shall make their declarants/affiants available for cross-examination at the preliminary injunction hearing; and 6. All parties-including the Indirect and Direct Purchasers-shall also meet and confer by Monday, August 4, regarding the schedule for Defendant's Motions to Dismiss. Any remaining disputes should be included in the letter to the Court. The parties shall appear for a telephone conference on Tuesday, August 5, 2014 at 11:15 a.m. Counsel for Defendant shall provide the Court with a dial-in number at which all parties can be reached by August 4, 2014 at 5:00 p.m. If there are no outstanding disputes, please advise the Court on August 4, and the conference will be adjourned. The preliminary injunction hearing scheduled for September 4, 2014 will now begin on September 3, 2014 at 9:30 a.m. in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. I have cleared my calendar for September 3-5, and will be prepared to hold the hearing the remainder of the week if necessary. ( Motions due by 8/11/2014., Preliminary Hearing set for 9/3/2014 at 09:30 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/30/2014) (mro)
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Counsel for Keurig, JBR, and Treehouse shall be available for a telephone conference tomorrow, July 30, at 10:30 a.m. to discuss their joint submission. Defendant shall provide the Court with a dial-in number at which all parties may be reached by 5:00 p.m. (Signed by Judge Vernon S. Broderick on 7/29/2014) (***Pursuant to instructions from Chambers Memo Endorsement from 14MD2542 document 63, was also docketed 14MC2542.) (mro)
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Filing 22
JOINT LETTER addressed to Judge Vernon S. Broderick from Lev Dassin dated July 28, 2014 re: Preliminary Injunction Scheduling. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (***Pursuant to instructions from Chambers Joint Letter from 14MD2542 document 62, was also docketed 14MC2542.) (mro)
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Filing 21
CONSOLIDATED AMENDED INDIRECT PURCHASER - CLASS ACTION COMPLAINT against Keurig Green Mountain, Inc. with JURY DEMAND.Document filed by Indirect Purchasers, Direct Purchasers. (Attachments: #1 part 1, #2 part 2, #3 part 3)(laq)
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Filing 20
ORDER NO. 3 (Expedited Discovery) granting #10 Motion to Expedite, (27 Motion to Expedite in case 1:14-md-02542-VSB): For the foregoing reasons, the Competitor Plaintiffs' Motion is GRANTED IN PART and DENIED IN PART. The Competitor Plaintiffs' request for expedited discovery is granted, but is limited to the requests laid out in this Order, and their request to commence general discovery is denied. The parties shall meet and confer regarding a discovery schedule and briefing schedule for the Motion for Preliminary Injunction, and shall submit their proposed schedule to me by July 28, 2014. The parties shall appear for a preliminary injunction hearing on September 4, 2014 at 10:00 a.m. (Signed by Judge Vernon S. Broderick on 7/23/2014) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-04242-VSB, and 1:14-mc-02542-VSB. (tn)
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Set/Reset Hearings: Status Conference set for 9/4/2014 at 10:00 AM before Judge Vernon S. Broderick. (tn)
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Filing 52
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) ***Docketed in 14MC2542 pursuant to instructions from Chambers. (mro)
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Filing 18
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. (Signed by Judge Vernon S. Broderick on 7/1/2014) (ft)
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Filing 17
LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 6/26/2014 re: Parties' agreement on the ESI Protocol. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc. (Attachments: #1 Text of Proposed Order)(ft)
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Filing 16
ORDER APPOINTING LIAISON COUNSEL AND INTERIM CLASS COUNSEL FOR THE PROPOSED CLASSES OF INDIRECT PURCHASER PLAINTIFFS granting #6 Motion to Appoint Counsel: that pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints as Interim Co-Lead Counsel for the Proposed Classes of Indirect Purchaser Plaintiffs, the following law firms as further set forth in this order. Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints the following as Interim Liaison Counsel for the Proposed Classes of Indirect Purchaser Plaintiffs: Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP, and as further set forth in this order. The Clerk's Office is respectfully directed to grant Doc. 6. (Signed by Judge Vernon S. Broderick on 6/26/2014) (ft) Modified on 7/14/2014 (ft).
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Filing 15
MEMO ENDORSEMENT on re: #13 Letter, filed by David Rosenthal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 6/26/2014) (ft)
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Filing 14
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/19/2014 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 7/21/2014. Redacted Transcript Deadline set for 7/31/2014. Release of Transcript Restriction set for 9/29/2014.(ft)
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Filing 13
LETTER addressed to Judge Vincent L. Broderick from Interim Co-Lead Counsel for Direct Purchaser Plaintiffs dated 6/26/2014 re: Liaison counsel. Document filed by Direct Purchasers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(ft)
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Filing 12
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. (Signed by Judge Vernon S. Broderick on 6/23/2014) (ft)
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Filing 11
JOINT MEMORANDUM OF LAW in Support re: #10 JOINT MOTION to Expedite Discovery. Document filed by Bay Valley Foods, LLC, JBR, Inc., Sturm Foods, Inc., Treehouse Foods, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(ft) Modified on 7/14/2014 (ft).
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Filing 10
JOINT MOTION to Expedite Discovery. Document filed by Bay Valley Foods, LLC, JBR, Inc., Sturm Foods, Inc., Treehouse Foods, Inc. (Attachments: #1 Text of Proposed Order) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 9
LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 6/16/2014 re: Keurig Green Mountain, Inc.'s motion to stay requested in its June 10, 2014 letter [Dkt. No. 2]. Document filed by JBR Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 7
DECLARATION of Robert N. Kaplan in Support re: #5 MOTION to Appoint Counsel Notice of Motion to Appoint Interim Class Counsel for Indirect Purchaser Classes. Document filed by William Daly. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft). Modified on 7/14/2014 (ft).
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Filing 6
MEMORANDUM OF LAW in Support re: #5 MOTION to Appoint Counsel Notice of Motion to Appoint Interim Class Counsel for Indirect Purchaser Classes. Fed. R. Civ. P. 23(g) Application of Kaplan Fox & Kilsheimer LLP, Pearson, Simon & Warshaw LLP and Wolf Haldenstein Adler Freeman & Herz LLP to Serve as Interim Class Counsel for the Proposed Indirect Purchaser Classes. Document filed by William Daly. (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 5
MOTION to Appoint Counsel Notice of Motion to Appoint Interim Class Counsel for Indirect Purchaser Classes. Document filed by William Daly. (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 4
LETTER addressed to Judge Vernon S. Broderick from Dan K. Webb dated 6/13/2014 re: Response to Keurig Green Mountain's June 10, 2014 letter requesting stay of discovery pending proposed motion to dismiss. Document filed by Treehouse Foods, Inc. (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 3
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and Michigan, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Vernon S. Broderick, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/12/2014) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 2
LETTER addressed to Judge Vernon S. Broderick from Lev Dassin dated 6/10/2014 re: Response to JBR, Inc.'s June 5, 2014 Letter. Document filed by Keurig Green Mountain, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 65
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 6/6/2014) (kgo)
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Filing 8
ORDER granting (44) Letter Motion for Conference in 14-cv-905-VSB. The Court is in receipt of Plaintiffs' letter dated June 2, 2014, (Doc. 42), and Defendants' Letter also dated June 2, 2014, (Doc. 43), regarding the ESI Protocol, as well as Plaintiffs' letter motion dated June 3, 2014, (Doc. 44), requesting a conference in light of the JMPL's issuance of the transfer order. The parties shall appear for a conference on June 19, 2014 at 2:30 p.m. The parties should be prepared to discuss: Coordination and/or consolidation of all actions in MDL No. 2542; Proposals for structuring Co-lead Counsel and/or a Steering Committee; Consolidated Amended Complaints in the indirect and direct purchaser actions; The ESI Protocol; Document Preservation; Rule 26(f) disclosures and any motion(s) for expedited discovery; Any motion(s) for a preliminary injunction in the competitor actions; and Defendants' proposed motion to dismiss. The parties are instructed to ensure that counsel for all cases pending outside the Southern District of New York receive a copy of this Order. The Clerk of Court is respectfully directed to terminate the pending Motion. (14-CV-905, Doc. 44.) (Signed by Judge Vernon S. Broderick on 6/4/2014) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 19
LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 6/5/2014 re: Motions for Preliminary Injunction and Expedited Discovery filed in JBR, Inc. v. Keurig Green Mountain, Inc. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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Filing 1
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Delaware, Massachusetts and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Vernon S. Broderick, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/3/2014) (This document was filed in this case pursuant to Doc. 50 in case 14-md-2542) (ft) Modified on 7/14/2014 (ft).
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