In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
Plaintiff: 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, 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, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams, Julie Rainwater, Benjamin Krajcir, Class Plaintiffs, McLane Company, Inc., JBR, Inc. Doing Business as Rogers Family Company and Michael J. Flanagan on behalf of themselves and all others similarly situated doing business as Law Offices of Michael J. Flanagan
Defendant: Green Mountain Coffee Roasters, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig,, Keurig Incorporated, Keurig, Incorporated and Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated
Petitioner: Sagentia, Inc. and Sagentia, Ltd.
Interested Party: JBR, Inc. (d/b/a Rogers Family Company)
Alternative Dispute Resolution (Adr) Provider: All Indirect Purchaser Plaintiffs
Special Master: Hon. Barbara S. Jones
Not Classified By Court: Amazon.Com, Inc.
Case Number: 1:2014md02542
Filed: June 5, 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
Referring Judge: Sarah L Cave
2 Judge: Henry B Pitman
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2020 Opinion or Order Filing 1001 SEALING AND TELEPHONE CONFERENCE SCHEDULING ORDER granting #997 Letter Motion to Seal. The Letter-Motion at ECF No. 997 to file portions of the documents filed at ECF No. 998 with redactions is GRANTED. The documents filed at ECF No. 999 shall remain as only visible to the selected parties.A telephone conference will be held on Thursday, June 11, 2020 at 12:00 pm to discuss the motion for an order concerning third party deposition hours. (ECF Nos. 998 and 999).The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 997. (Signed by Magistrate Judge Sarah L Cave on 6/3/20) (yv)
June 3, 2020 Opinion or Order Filing 1000 MEMO ENDORSEMENT: on re: #996 Letter filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Defendants' understanding is correct; the Motion to Amend Keurig's Answer is before the undersigned. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/03/2020) (ama)
June 3, 2020 Filing 999 ***SELECTED PARTIES*** LETTER MOTION for Discovery re: Third-Party Deposition Hours, addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated June 2, 2020. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit D - Olszewski Excerpts)Motion or Order to File Under Seal: #997 .(Torpey, Susannah)
June 3, 2020 Filing 998 LETTER MOTION for Discovery re: Third-Party Deposition Hours (Redacted), addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated June 2, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit C - M. Baird Email, #2 Exhibit D - Olszewski Excerpts (Filed Under Seal), #3 Exhibit E - Katsman Letter, #4 Exhibit F - Response to Katsman Letter, #5 Exhibit G - L. Danzig Email).(Torpey, Susannah)
June 3, 2020 Set/Reset Hearings: Telephone Conference set for 6/11/2020 at 12:00 PM before Magistrate Judge Sarah L Cave. (yv)
June 2, 2020 Filing 997 LETTER MOTION to Seal Motion for Order on Third-Party Deposition Hours and Exhibit D thereto, addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated June 2, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Torpey, Susannah)
June 2, 2020 Filing 996 LETTER addressed to Magistrate Judge Sarah L. Cave from George S. Cary dated June 2, 2020 re: Reply Brief in Support of Motion to Amend Answer. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Cary, George)
June 2, 2020 Opinion or Order Filing 995 SEALING ORDER granting #989 Letter Motion to Seal. The Letter-Motion at ECF No. 989 to file portions of the documents filed at ECF Nos. 990 and 992 with redactions is GRANTED. The documents filed at ECF Nos. 991 and 993 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 989. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/2/20) (yv)
June 1, 2020 Filing 994 JOINT MEMORANDUM OF LAW in Opposition re: (963 in 1:14-md-02542-VSB-SLC) MOTION to Amend/Correct (409) Answer to Complaint . . Document filed by McLane Company, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:19-cv-00325-VSB.(Brown, Alex)
June 1, 2020 Filing 993 ***SELECTED PARTIES***DECLARATION of Aldo A. Badini in Opposition re: #963 MOTION to Amend/Correct #409 Answer to Complaint .. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 7)Motion or Order to File Under Seal: #989 .(Badini, Aldo)
June 1, 2020 Filing 992 DECLARATION of Aldo A. Badini in Opposition re: #963 MOTION to Amend/Correct #409 Answer to Complaint .. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 (under seal), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8, #9 Exhibit 9).(Badini, Aldo)
June 1, 2020 Filing 991 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #963 MOTION to Amend/Correct #409 Answer to Complaint . . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated. Motion or Order to File Under Seal: #989 .(Badini, Aldo)
June 1, 2020 Filing 990 MEMORANDUM OF LAW in Opposition re: #963 MOTION to Amend/Correct #409 Answer to Complaint . (Redacted). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
June 1, 2020 Filing 989 LETTER MOTION to Seal TreeHouse's Opposition, and Exhibits 1 and 7 thereto, to Keurig's Motion to Amend its Answer, addressed to Magistrate Judge Sarah L. Cave from Aldo Badini dated June 1, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 29, 2020 Filing 988 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/21/2020 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.(rro)
May 29, 2020 Filing 987 TRANSCRIPT of Proceedings re: Telephone Conference held on 5/21/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020.(rro)
May 29, 2020 Filing 986 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/14/2020 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.(rro)
May 29, 2020 Filing 985 TRANSCRIPT of Proceedings re: Telephone Conference held on 5/14/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020.(rro)
May 28, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/28/2020. Attorneys Kenneth Reinker, George Cary, and Wendelynne Newton appeared on behalf of Keurig. Attorneys Aldo Badini and Kelli Lanksi appeared on behalf of TreeHouse. Attorney Mario Moore appeared on behalf of JBR, Inc. Attorney Robert Kaplan appeared on behalf of the indirect purchaser plaintiffs. Attorney Michelle Clerkin appeared on behalf of the direct purchaser plaintiffs. Attorney Valarie WIlliams appeared on behalf of McLane Company, Inc. (ne)
May 27, 2020 Opinion or Order Filing 984 AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: The discovery conference currently scheduled for Thursday, May 28, 2020 at 12:00 pm, will now be held at 1:00 pm. The conference details otherwise remain the same. SO ORDERED. ( Telephone Conference set for 5/28/2020 at 01:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/27/20) (yv)
May 26, 2020 Opinion or Order Filing 983 SEALING ORDER granting #980 Letter Motion to Seal. The Letter-Motion at ECF No. 980 to file portions of the documents filed at ECF No. 981 with redactions is GRANTED. The Letter-Motion filed at ECF No. 982 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 980. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/26/20) (yv)
May 22, 2020 Filing 982 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 22, 2020 re: #970 LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Motion or Order to File Under Seal: #980 .(Reinker, Kenneth)
May 22, 2020 Filing 981 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 22, 2020 re: #969 LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
May 22, 2020 Filing 980 LETTER MOTION to Seal Reply Letter on Motion to Compel addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 22, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
May 22, 2020 Opinion or Order Filing 979 SEALING ORDER granting #975 Letter Motion to Seal: The Letter-Motion at ECF No. 975 to file portions of the documents filed at ECF No. 976 with redactions is GRANTED. The Letter-Motion filed at ECF No. 977 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 975. (Signed by Magistrate Judge Sarah L Cave on 5/22/2020) (jwh)
May 22, 2020 Opinion or Order Filing 978 TELEPHONE CONFERENCE SCHEDULING ORDER: The Court is in receipt of Defendant Keurig's Motion to Amend its Answer and Defenses (ECF No. 965), Keurig's Letter-Motion to Compel TreeHouse to produce materials (ECF No. 970), and TreeHouse's Opposition to the Motion to Compel ECF No. 977). On Thursday, May 28, 2020 at 12:00 pm, the Court will hold a conference to discuss both motions. Keurig, TreeHouse, and any party who wishes to attend the conference shall call the Court's conference line at 866-390-1828, access code: 380-9799 at the scheduled time. (Telephone Conference set for 5/28/2020 at 12:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/22/2020) (jwh)
May 21, 2020 Filing 977 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated May 21, 2020 re: #970 LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020., #975 LETTER MOTION to Seal TreeHouse's Opposition to Keurig's Motion to Compel Production and Exhibits thereto, addressed to Magistrate Judge Sarah L. Cave from Aldo Badini dated May 21, 2020. . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Motion or Order to File Under Seal: #975 .(Badini, Aldo)
May 21, 2020 Filing 976 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated May 21, 2020 re: #969 LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. (Redacted). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Redacted)).(Badini, Aldo)
May 21, 2020 Filing 975 LETTER MOTION to Seal TreeHouse's Opposition to Keurig's Motion to Compel Production and Exhibits thereto, addressed to Magistrate Judge Sarah L. Cave from Aldo Badini dated May 21, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 21, 2020 Filing 974 NOTICE of Intent to Request Redaction by Aldo A Badini re #955 Transcript,,..(Badini, Aldo)
May 21, 2020 Opinion or Order Filing 973 ORDER REGARDING NON-PARTY MICROTRACE, LLCS MOTION TO QUASH. The Motion is GRANTED IN PART and DENIED IN PART as set forth in this Order. The Court finds that Microtrace has fulfilled its obligation to search for and produce documents responsive to this topic, and finds that Keurig has not met its burden to overcome Rule 45(d)(3)(A) to require Microtrace to produce documents or information concerning its internal profit or cost analyses for the work it performed for Treehouse. The Court's rulings are without prejudice to Keurig's ability to seek further, discrete discovery from Microtrace, or to Microtrace's right to seek relief from the Court if it opposes any such request. If Microtrace and Keurig are unable to resolve such disputes, they are encouraged to seek the Court's by letter-motion for resolution before the deposition(s) of any Microtrace witness occurs. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/21/20) (yv)
May 21, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/21/2020. Attorney Frederick Isquith appeared on behalf of the indirect purchaser plaintiffs. Attorney Rahul Mukhi appeared on behalf of Keurig. Attorney Kevin Conneely appeared on behalf of non-party Microtrace, LLC. (ne)
May 19, 2020 Opinion or Order Filing 972 SEALING ORDER granting #959 Letter Motion to Seal; granting #962 Letter Motion to Seal; granting #968 Letter Motion to Seal. The Letter-Motion at ECF No. 959 to file portions of the documents at ECF No. 960 with redactions is GRANTED. The documents filed at ECF No. 961 shall remain as only visible to the selected parties. The Letter-Motion at ECF No. 962 to file portions of the documents at ECF Nos. 964 and 966 with redactions is GRANTED. The documents filed at ECF Nos. 965 and 957 shall remain as only visible to the selected parties. The Letter-Motion at ECF No. 968 to file portions of the documents at ECF No. 969 with redactions is GRANTED. The documents filed at ECF No. 970 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 959, 962 and 968. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/19/20) (yv) Modified on 5/19/2020 (yv).
May 19, 2020 Opinion or Order Filing 971 DISCOVERY ORDER granting in part and denying in part #952 Letter Motion for Discovery; granting in part and denying in part #953 Letter Motion for Discovery. JBR's motion is GRANTED IN PART and DENIED IN PART. Because Keurig has already agreed to produce Mr. Huang for a deposition, and of the Court finds that the Code is relevant to the issues in this proceeding, the Court grants JBR four (4) additional deposition hours for the deposition of Mr. Huang, which will not count against the Plaintiffs' limit on party deposition hours. Because JBR has not shown an adequate basis to recover fees and costs in connection with the Motion and the depositions, the request for costs and fees is DENIED. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 952 and 953. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/19/20) (yv)
May 18, 2020 Filing 970 ***SELECTED PARTIES*** LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Motion or Order to File Under Seal: #968 .(Reinker, Kenneth)
May 18, 2020 Filing 969 LETTER MOTION to Compel Production of Selectively Withheld Documents addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Reinker, Kenneth)
May 18, 2020 Filing 968 LETTER MOTION to Seal Motion to Compel addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated May 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
May 18, 2020 Filing 967 ***SELECTED PARTIES***DECLARATION of Carl Lawrence Malm in Support re: #963 MOTION to Amend/Correct #409 Answer to Complaint .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 3 Part 3)Motion or Order to File Under Seal: #962 .(Dassin, Lev)
May 18, 2020 Filing 966 DECLARATION of Carl Lawrence Malm in Support re: #963 MOTION to Amend/Correct #409 Answer to Complaint .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Dassin, Lev)
May 18, 2020 Filing 965 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #963 MOTION to Amend/Correct #409 Answer to Complaint . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Motion or Order to File Under Seal: #962 .(Dassin, Lev)
May 18, 2020 Filing 964 MEMORANDUM OF LAW in Support re: #963 MOTION to Amend/Correct #409 Answer to Complaint . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Dassin, Lev)
May 18, 2020 Filing 963 MOTION to Amend/Correct #409 Answer to Complaint . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Dassin, Lev)
May 18, 2020 Filing 962 LETTER MOTION to Seal Motion to Amend Answer and Related Exhibit addressed to Judge Vernon S. Broderick from Rahul Mukhi dated May 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Mukhi, Rahul)
May 18, 2020 Filing 961 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Mackenzie A. Baird dated May 18, 2020 re: #952 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated May 13, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Sealed, #5 Exhibit E - Sealed)Motion or Order to File Under Seal: #959 .(Baird, Mackenzie)
May 18, 2020 Filing 960 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Mackenzie A. Baird dated May 18, 2020 re: #952 LETTER MOTION for Discovery Relief addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated May 13, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Baird, Mackenzie)
May 18, 2020 Filing 959 LETTER MOTION to Seal Exhibits D and E to Response to JBR's May 13 Motion addressed to Magistrate Judge Sarah L. Cave from Mackenzie A. Baird dated May 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Baird, Mackenzie)
May 15, 2020 Opinion or Order Filing 958 DISCOVERY CONFERENCE SCHEDULING ORDER: The Court has reviewed the submissions in connection with Microtrace, LLC's motion to quash the subpoenas issued by defendant Keurig. (ECF Nos. 945946). The Court will hold a telephone conference to discuss the motion on Thursday, May 21, 2020 at 11:00 am. The parties are directed to call into the Court's conference line at 866-390-1828, access code 380-9799, at the scheduled time. Telephone Conference set for 5/21/2020 at 11:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 5/15/2020) (jca)
May 14, 2020 Opinion or Order Filing 957 STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned: Any motions to compel arising from and related to objections and responses to Contention Interrogatories and Requests for Admission shall be filed no later than September 30, 2020. SO ORDERED. ( Motions due by 9/30/2020.) (Signed by Magistrate Judge Sarah L Cave on 5/14/20) (yv)
May 14, 2020 Filing 956 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/7/2020 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.(rro)
May 14, 2020 Filing 955 TRANSCRIPT of Proceedings re: Telephone Conference held on 5/7/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/4/2020. Redacted Transcript Deadline set for 6/15/2020. Release of Transcript Restriction set for 8/12/2020..(rro)
May 14, 2020 Opinion or Order Filing 954 SEALING ORDER granting #951 Letter Motion to Seal. The Letter-Motion at ECF No. 951 to file portions of the documents at ECF No. 953 with redactions is GRANTED. The documents filed at ECF No. 952 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 951. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/14/20) (yv)
May 14, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/14/2020. Attorney Joseph Bourne appeared on behalf of the indirect purchaser plaintiffs. Attorneys James Howard, Anne Marie Tavella and Rami Snodgrass appeared on behalf of Amazon.com, Inc. Attorney Mario Moore appeared on behalf of JBR, Inc. d/b/a Rogers Family Company. (ne)
May 13, 2020 Filing 953 LETTER MOTION for Discovery Relief [REDACTED] addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated May 13, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (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).(Johnson, Daniel)
May 13, 2020 Filing 952 ***SELECTED PARTIES*** LETTER MOTION for Discovery Relief addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated May 13, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (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)Motion or Order to File Under Seal: #951 .(Johnson, Daniel)
May 13, 2020 Filing 951 LETTER MOTION to Seal JBR's Letter Brief addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated May 13, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
May 13, 2020 Filing 950 PROPOSED STIPULATION AND ORDER. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 13, 2020 Filing 949 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated May 13, 2020 re: status of discovery and potential motion practice. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 13, 2020 Opinion or Order Filing 948 SEALING ORDER. The letter request at ECF No. 946 to file portions of the exhibits in ECF No. 945 with redactions is GRANTED. The exhibits filed at ECF No. 946 shall remain as only visible to the selected parties. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/13/20) (yv)
May 13, 2020 Opinion or Order Filing 947 ORDER FOR ADMISSION PRO HAC VICE granting #938 Motion for James Howard to Appear Pro Hac Vice; granting #944 Motion for James Howard to Appear Pro Hac Vice. The Court grants the motion of James Howard for admission to practice Pro Hac Vice in the above-captioned action. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac 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 Local Rules of this Court, including the rules governing discipline of attorneys. The Clerk of Court is respectfully directed to close the Motions at ECF Nos. 938 and 944. (Signed by Magistrate Judge Sarah L Cave on 5/13/20) (yv)
May 12, 2020 Filing 946 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated May 12, 2020 re: Redacted and Sealed Exhibits. Document filed by Holly Ann Buss, Jeffrey Rosen, James G. Long, Matthew Hashem, Bay Valley Foods, LLC, Darlene M. Kennedy, Lavinia Simona Biasell, Treehouse Foods, Inc., Armando Herrera, Todd W. Springer, Benjamin Krajcir, Roger Davidson, Henry A. Rocker, Julie Rainwater, Linda Major, Jonna Dugan, Teena Marie Johnson, Timothy Quackenbush, Patricia J. Nelson, JBR, Inc., Ken Overton, Toni Williams, Tracy Elizabeth Moreno, Lauren Jill Schneider, Constance Werthe, Kenneth B. Burkley, Patricia Hall, Gregory Rose, William Daly, Lori Jo Kirkhart, Michael J. Flanagan, Amy Gray, Sturm Foods, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, John Lohin, McLane Company, Inc., David Wayne Nation, Ney Silverman Insurance Associates, L.L.C., Rhett Montgomery Tanselle, Cusimano Carstar Collison Inc., Yelda Mesbah Bartlett, William Daly, Sally Rizzo, Lorie Rehma, Brier Miller Minor, Shirley Schroeder, John R Cusimano, Class Plaintiffs, Richard Constantino, Mary Hudson. (Attachments: #1 Exhibit B - Sealed, #2 Exhibit D - Sealed)Motion or Order to File Under Seal: #496 .(Mukhi, Rahul)
May 12, 2020 Filing 945 LETTER addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated May 12, 2020 re: Briefing and Hearing Transcript Regarding Microtrace Motion to Quash. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5, #6 Exhibit A - Part 6, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H).(Mukhi, Rahul)
May 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #944 MOTION for James Howard to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
May 11, 2020 Filing 944 MOTION for James Howard to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.Com, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 (Proposed) Order).(Howard, James)
May 8, 2020 Filing 943 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated May 8, 2020 re: Joint submission on outstanding data disputes, pursuant to Order entered on May 1, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 8, 2020 Opinion or Order Filing 942 ORDER granting as set forth below #922 Letter Motion for Discovery; granting as set forth below #923 Letter Motion to Compel. IT IS HEREBY ORDERED THAT: (1) Plaintiffs' Motion for central enforcement of subpoenas is GRANTED as set forth below. (2) This Court will centrally enforce all subpoenas issued in this MDL litigation. Any motions to compel compliance with, objections to or motions to quash subpoenas issued in this MDL shall be filed in this MDL. (3) Attorneys for subpoena recipients shall be permitted to make limited appearances to contest a subpoena or to respond to a motion to compel without the attorney or the subpoena recipient otherwise being deemed to consent to the jurisdiction of this Court. (4) In light of the Honorable Hildy Bowbeer's Order dated May 8, 2020, ECF No. 52, In re Subpoenas Served on Nonparty Microtrace, LLC dated Jan. 15, 2020, 20 MC 27 (HB) (D. Minn. May 8, 2020), this Court will exercise jurisdiction over the motion of non-party Microtrace to quash the subpoenas issued by Keurig on January 15, 2020 (the "Microtrace Motion"). Keurig is directed to submit to this Court by May 12, 2020 the briefing on the Microtrace Motion and, if available, a transcript of the hearing before Judge Bowbeer on May 5, 2020. The Court will then determine whether further briefing and argument is needed to adjudicate the Microtrace Motion. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 922 and 923. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/8/20) (yv)
May 8, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #938 MOTION for James Howard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19723123. 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 Washington and District of Columbia Supreme Courts, also affidavit must be attached to the entry. 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. (laq)
May 7, 2020 Opinion or Order Filing 941 DISCOVERY CONFERENCE SCHEDULING ORDER: The Court orders as follows: 1. The IPPs are directed to confer with their damages experts and propose to Amazon a list of no more than 100 ASINs. Thereafter, the IPPs and Amazon are directed to meet and confer on the number of ASINs to be searched, and the prioritization of the rolling production of the transactional data. 2. The IPPs are directed to review their production database and propose a list of custodians and search terms to Amazon. Thereafter, the parties are directed to meet and confer on the manner of document production. The Court will hold a telephone conference to discuss any outstanding issues regarding the Motion on Thursday, May 14, 2020 at 2:30 pm. The parties are directed to call into the Court's conference line at 866-390-1828, access code 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 5/14/2020 at 02:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 5/7/20) (yv)
May 7, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 5/7/2020. Attorneys Frederick Isquith and Thomas Burt appeared on behalf of the indirect purchaser plaintiffs. Attorneys Joseph Bourne and Alex Simon also appeared on behalf of the indirect purchaser plaintiffs. Attorney Deborah Elman appeared on behalf of the direct purchaser plaintiffs. Attorneys Aldo Badini and Evan Miller appeared on behalf of TreeHouse. Attorney Laura Komarek appeared on behalf of McLane Company, Inc. Attorneys Rahul Mukhi and Wendelynne Newton appeared on behalf of Keurig. Attorneys James Howard and Geoffrey Brounell appeared on behalf of Amazon.com, Inc. Attorney Kevin Conneely appeared on behalf of Microtrace, LLC. The Court scheduled a follow up conference for May 14, 2020 at 2:30 pm to discuss any outstanding issues the indirect purchaser plaintiffs' subpoena to Amazon.com, Inc. (ne)
May 6, 2020 Opinion or Order Filing 940 ORDER granting #935 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. The Letter-Motion at ECF No. 935 to file portions of the document filed at ECF No. 937 with redactions is GRANTED. The Letter-Motion filed at ECF No. 937 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 935. (Signed by Judge Vernon S. Broderick on 5/6/2020) (rro)
May 6, 2020 Filing 939 DECLARATION of James Howard in Support re: #938 MOTION for James Howard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19723123. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Amazon.Com, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Howard, James)
May 6, 2020 Filing 938 MOTION for James Howard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19723123. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amazon.Com, Inc.. (Attachments: #1 (Proposed) Order).(Howard, James)
May 5, 2020 Filing 937 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #896 Objection (non-motion),,,,,,, #935 LETTER MOTION to Seal or Redact Limited Portions of Plaintiffs' Reply Memorandum of Law in Support of Objections to Magistrate Judge's Discovery Order, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated May 5, 2020. [Plaintiffs' Reply Memorandum of Law in Support of Objections to Magistrate Judge's Discovery Order]. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. Motion or Order to File Under Seal: #935 .(Badini, Aldo)
May 5, 2020 Filing 936 REPLY MEMORANDUM OF LAW in Support re: #895 Objection (non-motion),, #935 LETTER MOTION to Seal or Redact Limited Portions of Plaintiffs' Reply Memorandum of Law in Support of Objections to Magistrate Judge's Discovery Order, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated May 5, 2020. (Redacted). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 5, 2020 Filing 935 LETTER MOTION to Seal or Redact Limited Portions of Plaintiffs' Reply Memorandum of Law in Support of Objections to Magistrate Judge's Discovery Order, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated May 5, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
May 1, 2020 Opinion or Order Filing 934 MEMO ENDORSEMENT on re: #933 Letter Joint submission on outstanding data disputes, pursuant to Case Management Scheduling Order entered on March 26, 2020, and request to adjourn telephonic hearing scheduled for May 4, 2020, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT : The requested adjournment of the May 4, 2020 discovery conference is GRANTED. The parties shall submit the proposed written status update by May 8, 2020. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 933. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/1/20) (yv)
April 30, 2020 Filing 933 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated April 30, 2020 re: Joint submission on outstanding data disputes, pursuant to Case Management Scheduling Order entered on March 26, 2020, and request to adjourn telephonic hearing scheduled for May 4, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
April 29, 2020 Opinion or Order Filing 932 DISCOVERY CONFERENCE SCHEDULING ORDER. The Court is in receipt of Indirect Purchaser Plaintiffs' motion to compel third-party Amazon.com Inc. ("Amazon") to produce data and materials responsible to a subpoena (ECF No. 923), Amazon's Opposition (ECF Nos. 926-27), and the Indirect Purchaser Plaintiffs' reply (ECF No. 930). The Court will hold a telephone conference to discuss this motion on Thursday, May 7, 2020 at 10:30 am. The parties are directed to call into the Court's conference line at 866-390-1828, access code 380-9799, at the scheduled time. So ordered. (Telephone Conference set for 5/7/2020 at 10:30 AM before Magistrate Judge Sarah L Cave). (Signed by Magistrate Judge Sarah L Cave on 4/29/2020) (rjm).
April 28, 2020 Filing 931 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated April 28, 2020 re: #922 LETTER MOTION for Discovery by Plaintiffs to centrally enforce subpoenas issued during the MDL's pre-trial proceedings, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated April 22, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
April 28, 2020 Filing 930 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Joseph C. Bourne dated April 28, 2020 re: #923 LETTER MOTION to Compel Non-Party Amazon.com, Inc. to Produce Transactional Data and Materials Responsive to Subpoena addressed to Magistrate Judge Sarah L. Cave from Joseph C. Bourne dated April 22, 2020. . Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Affidavit of Joseph C. Bourne).(Bourne, Joseph)
April 28, 2020 Filing 929 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/21/2020 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.(rro)
April 28, 2020 Filing 928 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/21/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 5/19/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020..(rro)
April 27, 2020 Filing 927 DECLARATION of Jesse Jensen in Opposition re: #923 LETTER MOTION to Compel Non-Party Amazon.com, Inc. to Produce Transactional Data and Materials Responsive to Subpoena addressed to Magistrate Judge Sarah L. Cave from Joseph C. Bourne dated April 22, 2020.. Document filed by Amazon.Com, Inc...(Brounell, Geoffrey)
April 27, 2020 Filing 926 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Geoffrey Brounell dated April 27, 2020 re: #923 LETTER MOTION to Compel Non-Party Amazon.com, Inc. to Produce Transactional Data and Materials Responsive to Subpoena addressed to Magistrate Judge Sarah L. Cave from Joseph C. Bourne dated April 22, 2020. . Document filed by Amazon.Com, Inc...(Brounell, Geoffrey)
April 27, 2020 Filing 925 NOTICE OF APPEARANCE by Geoffrey Stuart Brounell on behalf of Amazon.Com, Inc...(Brounell, Geoffrey)
April 22, 2020 Filing 924 CERTIFICATE OF SERVICE of Motion to Compel, Declaration of Joseph C. Bourne With Exhibits A-E served on Amazon.com, Inc. on 04/22/20. Service was made by Mail/FedEx. Document filed by All Indirect Purchaser Plaintiffs..(Bourne, Joseph)
April 22, 2020 Filing 923 LETTER MOTION to Compel Non-Party Amazon.com, Inc. to Produce Transactional Data and Materials Responsive to Subpoena addressed to Magistrate Judge Sarah L. Cave from Joseph C. Bourne dated April 22, 2020. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Affidavit of Joseph C. Bourne, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E).(Bourne, Joseph)
April 22, 2020 Filing 922 LETTER MOTION for Discovery by Plaintiffs to centrally enforce subpoenas issued during the MDL's pre-trial proceedings, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated April 22, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
April 22, 2020 Opinion or Order Filing 921 DISCOVERY ORDER. Keurig's request for an order compelling TreeHouse to re-produce CustodianOther metadata is denied. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/22/20) (yv)
April 21, 2020 Filing 920 MEMORANDUM OF LAW in Opposition re: #896 Objection (non-motion),,,,,,, /Non-Party Sagentia Limited's Memorandum in Opposition to Plaintiffs' Objections to Magistrate Judge's Discovery Order. Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
April 21, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 4/21/2020. Attorneys Joseph Michael Kay and Christian J. Mahoney appeared on behalf of Defendant Keurig. Attorneys Kelli L. Lanski and John J. Rosenthal appeared on behalf of Plaintiff TreeHouse. (ne)
April 20, 2020 Filing 919 Redaction of #879 Transcript. (rro)
April 16, 2020 ***DELETED DOCUMENT. Deleted document number 914 LETTER REPLY. The document was incorrectly filed in this case. (yv)
April 16, 2020 Filing 918 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated 4/13/2020 re: #907 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020. [Refiled pursuant to ECF No. 917]. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration of Jonathan R. Marshall, #2 Exhibit 1, #3 Exhibit 2).(Kay, Joseph)
April 16, 2020 Opinion or Order Filing 917 ORDER granting #916 Letter Motion for Leave to File Document. The request to re-file Keurig's Reply Letter is GRANTED. The Clerk of Court is respectfully directed to delete ECF No. 914 from the docket and to close the Letter-Motion at ECF No. 916. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/16/20) (yv)
April 15, 2020 Filing 916 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Leave to File Revised Letter Reply ECF No. 914 addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 15, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration).(Kay, Joseph) Modified on 4/16/2020 (db).
April 14, 2020 Opinion or Order Filing 915 MEMO ENDORSEMENT on re: #913 Letter filed by Sagentia, Ltd. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Responses due by 4/21/2020, Replies due by 5/5/2020.) (Signed by Judge Vernon S. Broderick on 4/14/2020) (rro)
April 13, 2020 Filing 913 LETTER addressed to Judge Vernon S. Broderick from Danielle D'Aquila dated April 13, 2020 re: seeking extension of time to respond. Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
April 13, 2020 Opinion or Order Filing 912 SEALING AND TELEPHONE CONFERENCE SCHEDULING ORDER granting #905 Letter Motion to Seal; granting #906 Letter Motion for Discovery; granting #907 Letter Motion for Discovery. The Letter-Motion at ECF No. 905 to file portions of the documents filed at ECF No. 906 with redactions is GRANTED. The Letter-Motion filed at ECF No. 907 shall remain as only visible to the selected parties. The Letter Motion at ECF Nos. 907 and 907 is GRANTED. A discovery conference to discuss TreeHouse's metadata will be held on Tuesday, April 21, 2020 at 11:00 am. The parties are directed to call the Court's conference line, 866-390-1828, access code, 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 905, 906 and 907. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/13/20) (yv)
April 13, 2020 Set/Reset Hearings: Telephone Conference set for 4/21/2020 at 11:00 AM before Magistrate Judge Sarah L Cave. (yv)
April 10, 2020 Filing 911 DECLARATION of John J. Rosenthal in Opposition re: #907 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020., #906 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020.. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Lanski, Kelli)
April 10, 2020 Filing 910 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Kelli L. Lanski dated April 10, 2020 re: #906 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020., #907 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Campbell Tr. Excerpt).(Lanski, Kelli)
April 9, 2020 Opinion or Order Filing 909 ORDER granting #902 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. The Letter-Motion at ECF No. 902 to file portions of the documents filed at ECF No. 904 with redactions is GRANTED. The Letter-Motion filed at ECF No. 904 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 902. (Signed by Judge Vernon S. Broderick on 4/9/2020) (rro)
April 7, 2020 Filing 908 DECLARATION of Christian J. Mahoney in Support re: #907 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020., #906 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020.. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Kay, Joseph)
April 7, 2020 Filing 907 ***SELECTED PARTIES*** LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #905 .(Kay, Joseph)
April 7, 2020 Filing 906 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Redacted, #4 Exhibit 4 - Redacted, #5 Exhibit 5).(Kay, Joseph)
April 7, 2020 Filing 905 LETTER MOTION to Seal Letter Motion for Discovery Conference To Compel Compliance With Order addressed to Magistrate Judge Sarah L. Cave from Joseph M. Kay dated April 7, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Kay, Joseph)
April 7, 2020 Filing 904 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #864 MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [SEALED]. [SEALED VERSION]. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Barbara S. Jones, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. Motion or Order to File Under Seal: #902 .(Johnson, Daniel)
April 7, 2020 Filing 903 REPLY MEMORANDUM OF LAW in Support re: #864 MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [SEALED]. [REDACTED VERSION]. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
April 7, 2020 Filing 902 LETTER MOTION to Seal JBRs Reply in Support of Motion and Objection to Magistrate Judge Ruling ECF No. 831 addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated April 7, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
April 3, 2020 Filing 901 LETTER addressed to Judge Vernon S. Broderick from Danielle A. D'Aquila dated April 3, 2020 re: requesting that Court seal limited portions of Plaintiffs' Motion (ECF No. 896). Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
April 2, 2020 Opinion or Order Filing 900 CASE MANAGEMENT SCHEDULING ORDER: The discovery conference currently scheduled for Friday, April 3, 2020 at 10:00 am is ADJOURNED until May 4, 2020 at 10:15 am.Per the case management schedule (ECF No. 887), the parties must meet and confer on any questions concerning Keurig's reproduced data and submit a joint letter to the Court listing any outstanding data disputes to be resolved by the Court by April 30, 2020.The parties are directed to call into the Court's conference line at 866-390-1828, access code 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/2/20) (yv)
April 2, 2020 Set/Reset Hearings: Discovery Hearing set for 5/4/2020 at 10:15 AM before Magistrate Judge Sarah L Cave. (yv)
April 1, 2020 Opinion or Order Filing 899 ORDER granting #894 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. The Letter-Motion at ECF No. 894 to file portions of the documents filed at ECF No. 896 with redactions is GRANTED. The Letter-Motion filed at ECF No. 896 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 894. (Signed by Judge Vernon S. Broderick on 4/1/2020) (rro)
April 1, 2020 Opinion or Order Filing 898 ORDER granting #891 LETTER MOTION to Seal Portions of Defendant's Memorandum of Law in Opposition to JBR Inc.'s Motion and Objections to Magistrate Judge's Discovery Order. APPLICATION GRANTED SO ORDERED. The Letter-Motion at ECF No. 891 to file portions of the documents filed at ECF No. 893 with redactions is GRANTED. The Letter-Motion filed at ECF No. 893 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 891. (Signed by Judge Vernon S. Broderick on 4/1/2020) (jca)
March 31, 2020 Filing 897 LETTER MOTION for Oral Argument in regard to Plaintiffs' Memorandum of Law in Support of Objections to Magistrate Judge's Order (ECF Nos. 895, 896) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 31, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 31, 2020 Filing 896 ***SELECTED PARTIES***Objection re: #894 LETTER MOTION to Seal or Redact Limited Portions of Plaintiffs' Memorandum of Law in Support of Objections to Magistrate Judge's Order and Exhibits A, B, and D thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini date, #720 Order on Motion to Seal Document,,,,,,,,,,,,,, (Memorandum of Law in Support of Plaintiffs' Objections to Magistrate Judge's Discovery Order). Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A - SAG00001107, #2 Exhibit B - Excerpts of Sagentia Dep. Transcript, #3 Exhibit D - KGM04574651)Motion or Order to File Under Seal: #894 .(Badini, Aldo)
March 31, 2020 Filing 895 Objection re: #720 Order on Motion to Seal Document,,,,,,,,,,,,,, ([Redacted] Memorandum of Law in Support of Plaintiffs' Objections to Magistrate Judge's Discovery Order).. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - SAG00001107 (Redacted), #2 Exhibit B - Excerpts of Sagentia Dep. Transcript (Redacted), #3 Exhibit C - CM/ECF Notice, #4 Exhibit D - KGM04574651 (Filed Under Seal)).(Badini, Aldo)
March 31, 2020 Filing 894 LETTER MOTION to Seal or Redact Limited Portions of Plaintiffs' Memorandum of Law in Support of Objections to Magistrate Judge's Order and Exhibits A, B, and D thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 31, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 31, 2020 Filing 893 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #864 MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [SEALED]. [Sealed]. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #891 .(Newton, Wendelynne)
March 31, 2020 Filing 892 MEMORANDUM OF LAW in Opposition re: #863 MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [REDACTED]. [Redacted]. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1).(Newton, Wendelynne)
March 31, 2020 Filing 891 LETTER MOTION to Seal Portions of Defendant's Memorandum of Law in Opposition to JBR Inc.'s Motion and Objections to Magistrate Judge's Discovery Order addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated March 31, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
March 31, 2020 Filing 890 NOTICE of Intent to Request Redaction by Wendelynne J. Newton re #879 Transcript,,..(Newton, Wendelynne)
March 27, 2020 Opinion or Order Filing 889 SEALING ORDER granting #884 Letter Motion to Seal. The Letter-Motion at ECF No. 884 to file portions of the documents filed at ECF No. 885 with redactions is GRANTED. The Letter-Motion filed at ECF No. 886 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 884. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/27/20) (yv)
March 27, 2020 Opinion or Order Filing 888 DISCOVERY ORDER granting in part and denying in part #859 Letter Motion for Discovery. The Court hereby reduces the number of cumulative non-party deposition hours from 600 to 300. In the unlikely event that either party has a compelling need for additional hours, they may petition the Court at that time. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 859. (Signed by Magistrate Judge Sarah L Cave on 3/27/20) (yv)
March 26, 2020 Opinion or Order Filing 887 CASE MANAGEMENT SCHEDULING ORDER: The Preliminary Case Management Plan and Scheduling Orders, dated November 14, 2016 (EC F No. 354-1), March 8, 2019 (ECF No. 545), and August 19, 2019 (ECF No. 668), shall remain in force and effect, except as provided herein. All fact discovery of parties (including depositions of party fact witnesses) shall be completed by May 20, 2020. All motions to compel discovery, except in extraordinary circumstances, shall be filed by May 13, 2020. All fact discovery of non-parties (including depositions of non-party fact witnesses) shall be completed by June 17, 2020. All motions for spoliation and sanctions relating to known conduct to such date shall be filed by April 19, 2021. (as further set forth herein). SO ORDERED. Motions due by 7/19/2021. Responses due by 8/30/2021 Replies due by 10/11/2021. Deposition due by 2/22/2021. Fact Discovery due by 6/17/2020. Expert Discovery due by 2/22/2021. (Signed by Magistrate Judge Sarah L Cave on 3/26/2020) (kv)
March 25, 2020 Filing 886 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated March 25, 2020 re: #860 LETTER MOTION for Discovery Request to Limit Non-Party Depositions addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #884 .(Brannon, Leah)
March 25, 2020 Filing 885 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated March 25, 2020 re: #859 LETTER MOTION for Discovery Request to Limit Non-Party Depositions [Redacted] addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020. [Redacted]. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brannon, Leah)
March 25, 2020 Filing 884 LETTER MOTION to Seal Reply Regarding Limit on Non-Party Depositions addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated March 25, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Brannon, Leah)
March 25, 2020 Opinion or Order Filing 883 SEALING ORDER granting #876 Letter Motion to Seal. The Letter-Motion at ECF No. 876 to file portions of the documents filed at ECF No. 877 with redactions is GRANTED. The Letter-Motion filed at ECF No. 878 shall remain as only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 876. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/25/20) (yv)
March 25, 2020 Filing 882 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/2/2020 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...(kv)
March 25, 2020 Filing 881 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/2/2020 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...(kv)
March 25, 2020 Filing 880 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/2/2020 11:30 a.m. before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 4/15/2020. Redacted Transcript Deadline set for 4/27/2020. Release of Transcript Restriction set for 6/23/2020.(kv) Modified on 3/30/2020 (dn).
March 25, 2020 Filing 879 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/2/2020 10:30 a.m. before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 4/15/2020. Redacted Transcript Deadline set for 4/27/2020. Release of Transcript Restriction set for 6/23/2020.(kv) Modified on 3/30/2020 (dn).
March 24, 2020 Filing 878 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 24, 2020 re: #859 LETTER MOTION for Discovery Request to Limit Non-Party Depositions [Redacted] addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020., #876 LETTER MOTION to Seal Portions of the Response to Keurig's Letter Motion to Limit Non-Party Depositions and Exhibits 2, 4, 5, 6, and 7, by Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 24, 2020. (By All Plaintiffs). Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 2 (Redacted), #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7)Motion or Order to File Under Seal: #876 .(Badini, Aldo)
March 24, 2020 Filing 877 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 24, 2020 re: #859 LETTER MOTION for Discovery Request to Limit Non-Party Depositions [Redacted] addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020., #876 LETTER MOTION to Seal Portions of the Response to Keurig's Letter Motion to Limit Non-Party Depositions and Exhibits 2, 4, 5, 6, and 7, by Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 24, 2020. (Redacted) (By All Plaintiffs). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Redacted), #3 Exhibit 3, #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8).(Badini, Aldo)
March 24, 2020 Filing 876 LETTER MOTION to Seal Portions of the Response to Keurig's Letter Motion to Limit Non-Party Depositions and Exhibits 2, 4, 5, 6, and 7, by Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 24, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 24, 2020 Opinion or Order Filing 875 ORDER granting #870 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. The Letter Motion at Doc. 870 to file under seal portions of the document filed at Doc. 872 is GRANTED. The unredacted memorandum of law filed at Doc. 872 shall remain under seal only visible to the selected parties. The parties are reminded that any "party seeking leave to file sealed or redacted materials should meet and confer with any opposing party (or any third party seeking confidential treatment of the information) in advance to narrow the scope of the request." Individual Rule 5(B)(iii)(a). (Signed by Judge Vernon S. Broderick on 3/24/2020) (rro)
March 24, 2020 Opinion or Order Filing 874 DISCOVERY ORDER granting in part and denying in part #825 Letter Motion to Compel; granting in part and denying in part #826 Letter Motion to Compel. The Court ORDERS as follows: Because Plaintiffs did not request that the Court intervene, nor request an adjournment of the 30(b)(6) depositions in light of the unsettled topics, at this time, the Court DENIES Plaintiffs' request to order Keurig to produce 30(b)(6) witnesses to address topics 24, 32, 34, 35, 36, 39, 44, 45, 64, and 88. To the extent that Plaintiffs identify a contract for which it is unclear whether it is the final version, Keurig must confirm or deny whether it is the final version of that contract. If it is not the final version, Keurig shall produce the final version or indicate the bates number in Keurig's production. To the extent Plaintiffs identify (only after diligent review of Keurig's production) an entity for which they believe a final contract should exist, Keurig shall respond to Plaintiffs' inquiry as to whether such an agreement exists. If it does, Keurig shall produce the final version, or indicate its bates number in Keurig's production. Unless it is manifestly unclear on the face of the document, Keurig is not required to identify the parties bound by the agreement. These requests must be completed in accordance with the current discovery timeline. Accordingly, Plaintiffs shall make their requests for clarification as early as practicable, and Keurig shall respond promptly. Because Keurig has already produced a corporate representative to address Keurig's "rights and obligations under [its] contracts," except as set forth above, the Court DENIES Plaintiffs' request to compel Keurig to identify the final contracts it has already produced, produce any final contracts it has not produced, and to order a witness to testify as to the parties and operative dates of such contracts. Plaintiffs' request as to Topic 6 is DENIED, because they have not shown good cause to why this topic warrants re-opening of a deposition, especially where such information is available elsewhere. Plaintiffs' request as to Topic 43 is GRANTED IN PART as follows: Keurig shall produce a 30(b)(6) witness to discuss the reproduction of the data, newly included data, and how the reproduced data bears on Keurig's profitability and margins of Keurig's pods and brewers only (i.e., not the entire coffee business). This is not an expert deposition, and the Court does not expect this 30(b)(6) witness to go line-by-line through the data, nor will he or she be expected to testify as a statistical expert on such data. Plaintiffs' request as to Topic 63 is DENIED. The Clerk of Court is directed to close the Letter-Motions at ECF Nos. 825 and 826. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/24/20) (yv)
March 23, 2020 Opinion or Order Filing 873 ORDER granting #865 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. The Letter Motion at Doc. 865 to file under seal portions of the document filed at Doc. 867 is GRANTED. The unredacted memorandum of law filed at Doc. 867 shall remain under seal only visible to the selected parties. (Signed by Judge Vernon S. Broderick on 3/23/2020) (rro)
March 23, 2020 Filing 872 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #870 LETTER MOTION to Seal limited portions of Plaintiffs' Corrected Reply Memorandum of Law in Support of Objection (ECF No. 811) and exhibit 13 thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 23, 2020. . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 12 - March 13, 2020 Brown Tr., #2 Exhibit 13 - March 16, 2020 Lanski Ltr. (Filed Under Seal), #3 Exhibit 14 - Pl. Ex. 2044, #4 Exhibit 15 - March 10, 2020 Bell Tr.)Motion or Order to File Under Seal: #870 .(Badini, Aldo)
March 23, 2020 Filing 871 REPLY MEMORANDUM OF LAW in Support re: #811 Objection (non-motion),,,, #866 Reply Memorandum of Law in Support, . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 12 - March 13, 2020 Brown Tr., #2 Exhibit 13 - March 16, 2020 Lanski Ltr. (Filed Under Seal), #3 Exhibit 14 - Pl. Ex. 2044, #4 Exhibit 15 - March 10, 2020 Bell Tr.).(Badini, Aldo)
March 23, 2020 Filing 870 LETTER MOTION to Seal limited portions of Plaintiffs' Corrected Reply Memorandum of Law in Support of Objection (ECF No. 811) and exhibit 13 thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 23, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 23, 2020 Filing 869 LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Wendelynne Newton dated March 23, 2020 re: #865 LETTER MOTION to Seal limited portions of Plaintiffs' Reply Memorandum of Law in Support of Objection (ECF No. 811) and exhibits 12, 13, and 15 thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 20, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
March 23, 2020 Filing 868 LETTER addressed to Judge Vernon S. Broderick from Danielle A. DAquila dated March 23, 2020 re: respectfully requesting that the Court order redaction of confidential information contained in Plaintiffs' Reply. Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
March 20, 2020 Filing 867 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #865 LETTER MOTION to Seal limited portions of Plaintiffs' Reply Memorandum of Law in Support of Objection (ECF No. 811) and exhibits 12, 13, and 15 thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 20, 2020., #811 Objection (non-motion),,,, to Magistrate Judge's Discovery Order.. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 12 - March 13, 2020 Brown Tr., #2 Exhibit 13 - March 16, 2020 Lanski Ltr., #3 Exhibit 15 - March 10, 2020 Bell Tr.)Motion or Order to File Under Seal: #865 .(Badini, Aldo)
March 20, 2020 Filing 866 REPLY MEMORANDUM OF LAW in Support re: #811 Objection (non-motion),,,, to Magistrate Judge's Discovery Order. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 12 - March 13, 2020 Brown Tr. (Filed Under Seal), #2 Exhibit 13 - March 16, 2020 Lanski Ltr. (Filed Under Seal), #3 Exhibit 14 - Pl. Ex. 2044, #4 Exhibit 15 - March 10, 2020 Bell Tr. (Filed Under Seal)).(Badini, Aldo)
March 20, 2020 Filing 865 LETTER MOTION to Seal limited portions of Plaintiffs' Reply Memorandum of Law in Support of Objection (ECF No. 811) and exhibits 12, 13, and 15 thereto, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated March 20, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 20, 2020 Filing 864 ***SELECTED PARTIES*** MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [SEALED]. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Bradley J. Demuth, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams.Motion or Order to File Under Seal: #862 .(Johnson, Daniel)
March 20, 2020 Filing 863 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #864 Motion) - MOTION Plaintiff requests that the Court reverse the Order made in ECF No. 831. re: #862 Order on Motion to Seal [REDACTED]. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel) Modified on 4/16/2020 (db).
March 20, 2020 Opinion or Order Filing 862 ORDER granting #856 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/20/2020) (rro)
March 20, 2020 Opinion or Order Filing 861 SEALING ORDER: granting #858 Letter Motion to Seal; terminating #860 Letter Motion for Discovery. The Letter-Motion at ECF No. 858 to maintain the redactions in the documents filed at ECF No. 859 is GRANTED. The unredacted Letter-Motion filed at ECF No. 860 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 858 and 860. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/20/2020) (ama)
March 19, 2020 Filing 860 ***SELECTED PARTIES*** LETTER MOTION for Discovery Request to Limit Non-Party Depositions addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #858 .(Brannon, Leah)
March 19, 2020 Filing 859 LETTER MOTION for Discovery Request to Limit Non-Party Depositions [Redacted] addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Brannon, Leah)
March 19, 2020 Filing 858 LETTER MOTION to Seal Confidential Information in Exhibits Attached to Letter Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 3/19/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Brannon, Leah)
March 17, 2020 Filing 857 NOTICE of Intent to Request Redaction by Aldo A Badini re #843 Transcript,,..(Badini, Aldo)
March 17, 2020 Filing 856 LETTER MOTION to Seal JBRs Motion and Objection to Magistrate Judge Ruling ECF No. 831 and exhibit 1 addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 3/17/2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
March 17, 2020 Opinion or Order Filing 855 ORDER DENYING MOTION FOR RECONSIDERATION denying #742 Motion for Reconsideration; denying #745 Letter Motion for Oral Argument. Accordingly, the Court holds that Sagentia is entitled to maintain the confidentiality of the Sentence at this time. Plaintiffs' Motion for Reconsideration is DENIED. (ECF No. 742). The Motion for Oral Argument on the Motion to Reconsideration is DENIED. (ECF No. 745). The Clerk of Court is respectfully directed to Close ECF No. 742 and ECF No. 745. (Signed by Magistrate Judge Sarah L Cave on 3/17/2020) (ne)
March 16, 2020 Terminate Transcript Deadlines (ama)
March 16, 2020 Filing 854 MEMORANDUM OF LAW in Opposition re: #811 Objection (non-motion),,,, . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Newton, Wendelynne)
March 16, 2020 Opinion or Order Filing 853 SCHEDULING ORDER: It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that ("[u]nless the parties stipulate otherwise") the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, however, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days, together with all post-discovery deadlines previously set by this Court. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfil the goals of Rule 1 while avoiding unnecessary health risks. On receipt of this order, each party is directed to ensure that all other parties in this action are aware of the order, particularly if this action involves a pro se party. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/16/2020) (ama)
March 16, 2020 Opinion or Order Filing 852 ORDER granting #851 Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/16/2020) (rro)
March 13, 2020 Filing 851 LETTER MOTION to Seal Keurig's Memorandum of Law in Opposition to Plaintiffs' Motion and Objections to Magistrate Judge's Discovery Order addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated 3/13/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
March 13, 2020 Opinion or Order Filing 850 DISCOVERY ORDER: In response parties' joint letter filed at ECF No. 847, the Court ORDERS that the following language be used for TreeHouse's remaining 30(b)(6) topics: Topic 3: TreeHouse will undertake reasonable efforts to prepare and produce a witness to offer testimony regarding the type of coffee that TreeHouse used in its Portion Packs. (As further set forth in this Order.) Topic 70: TreeHouse will undertake reasonable efforts to prepare and produce a witness to testify regarding TreeHouse's systems for maintaining data related to sales and rebates for single-serve coffee products during the relevant time period. (Signed by Magistrate Judge Sarah L Cave on 3/13/2020) (cf)
March 12, 2020 Filing 849 JOINT LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated March 12, 2020 re: Scheduling Order. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Brannon, Leah)
March 12, 2020 Opinion or Order Filing 848 ORDER denying #748 Letter Motion for Conference. APPLICATION DENIED. SO ORDERED. Rogers may renew its request at the close of expert discovery. (Signed by Judge Vernon S. Broderick on 3/12/2020) (rro)
March 12, 2020 Filing 847 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated March 12, 2020 re: TreeHouse 30(b)(6) Topics. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
March 12, 2020 Opinion or Order Filing 846 MEMO ENDORSEMENT on re: #845 Letter TreeHouse 30(b)(6) Topics, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: The parties are encouraged to continue negotiations on these topics, and are directed to submit the updated letter as contemplated. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/12/20) (yv)
March 11, 2020 Filing 845 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated March 11, 2020 re: TreeHouse 30(b)(6) Topics. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
March 10, 2020 Filing 844 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/4/2020 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.(rro)
March 10, 2020 Filing 843 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/4/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 3/31/2020. Redacted Transcript Deadline set for 4/10/2020. Release of Transcript Restriction set for 6/8/2020.(rro)
March 9, 2020 Opinion or Order Filing 842 ORDER. The Court ORDERS as follows: By Tuesday, March 10, 2020 at 6:00 p.m., TreeHouse must provide Keurig dates before April 20, 2020 for its 30(b)(6) deposition(s). By Wednesday, March 11, 2020 at 6:00 pm, TreeHouse and Keurig shall submit a joint letter listing, without argument, the topics for TreeHouses 30(b)(6) deposition(s) still in dispute, including both TreeHouse's and Keurig's proposed language for each disputed topic. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/9/20) (yv)
March 9, 2020 Filing 841 Redaction of #736 Transcript. (rro)
March 6, 2020 Filing 840 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated March 6, 2020 re: #826 LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated M, #825 LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated M . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Duxstad, Lauren)
March 6, 2020 Opinion or Order Filing 839 AMENDED SCHEDULING AND TELEPHONE CONFERENCE ORDER: The discovery schedule will be extended as follows: All Party discovery, including any 30(b)(6) topics, shall be completed by April 20, 2020. All Non-party discovery shall be completed by May 18, 2020. Plaintiffs' expert report(s) shall be submitted by July 29, 2020. The deadlines for remaining pre-trial proceedings following expert discovery shall be extended by two months. By March 12, 2020, the parties shall submit an updated proposed case schedule in accordance with the above framework for approval by Judge Broderick. Keurig must complete the reproduction of its transactional data, including the 2018-2019 data, by no later than March 19, 2020. The parties must then meet and confer on any questions concerning the reproduced data and by March 31, 2020, submit a joint letter to the Court, without argument, listing any outstanding data disputes to be resolved by the Court. The Court will hold a telephone conference to discuss the outstanding data disputes on Friday, April 3, 2020 at 10:00 am. The parties are directed to call into the Chambers' conference line at 866-390-1828 at the scheduled time. The access code for the conference call is: 3809799. The Court finds that Plaintiffs have not shown good cause why the Court should grant them 50 additional party deposition hours, and therefore the request is DENIED. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 769 and 808. (Discovery due by 5/18/2020. Telephone Conference set for 4/3/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/6/2020) (ne)
March 6, 2020 Opinion or Order Filing 838 SEALING ORDER granting #835 Letter Motion to Seal. The Letter-Motion at ECF No. 835 to keep under seal portions of the document filed at ECF No. 836 is GRANTED. The unredacted Letter-Motion filed at ECF No. 837 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF Nos. 835. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/6/20) (yv)
March 6, 2020 Set/Reset Deadlines: Expert Discovery due by 11/20/2020. (ne)
March 6, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/6/2020. Attorneys Aldo A Badini and Lauren E Duxstad appeared on behalf of the Treehouse Plaintiffs. Attorneys Mackenzie A. Baird and Kenneth Stephen Reinker appeared on behalf of Defendant Keurig. (ne)
March 5, 2020 Filing 837 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated March 5, 2020 re: #826 LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated M [Proposed Sealed]. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #835 .(Newton, Wendelynne)
March 5, 2020 Filing 836 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated March 5, 2020 re: #826 LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated M . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2, #3 Exhibit 3 - Redacted, #4 Exhibit 4 - Redacted, #5 Exhibit 5).(Newton, Wendelynne)
March 5, 2020 Filing 835 LETTER MOTION to Seal Keurig's Response to Plaintiffs' March 3 Letter Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated March 5, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
March 5, 2020 Opinion or Order Filing 834 SCHEDULING AND TELEPHONE CONFERENCE ORDER terminating #769 Letter Motion for Extension of Time to Complete Discovery; terminating #808 Letter Motion for Extension of Time to Complete Discovery. The discovery schedule will be extended as follows: All Party discovery, including any 30(b)(6) topics, shall be completed by April 20, 2020. All Non-party discovery shall be completed by May 18, 2020. Expert discovery shall be completed by July 29, 2020. The deadlines for remaining pre-trial proceedings following expert discovery shall be extended by two months. By March 12, 2020, the parties shall submit an updated proposed case schedule in accordance with the above framework for approval by Judge Broderick. Keurig must complete the reproduction of its transactional data, including the 2018-2019 data, by no later than March 19, 2020. The parties must then meet and confer on any questions concerning the reproduced data and by March 31, 2020, submit a joint letter to the Court, without argument, listing any outstanding data disputes to be resolved by the Court. The Court will hold a telephone conference to discuss the outstanding data disputes on Friday, April 3, 2020 at 10:00 am. The parties are directed to call into the Chambers conference line at 866-390-1828 at the scheduled time. The access code for the conference call is: 3809799. The Court finds that Plaintiffs have not shown good cause why the Court should grant them 50 additional party deposition hours, and therefore the request is DENIED. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 769 and 808. (Signed by Magistrate Judge Sarah L Cave on 3/5/2020) (ne) .
March 5, 2020 Filing 833 NOTICE OF APPEARANCE by Megan Pauline Fitzgerald on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:14-cv-00905-VSB.(Fitzgerald, Megan)
March 5, 2020 Set/Reset Deadlines: (Discovery due by 5/18/2020. Expert Discovery due by 7/29/2020.) Set/Reset Hearings: (Telephone Conference set for 4/3/2020 at 10:00 AM before Magistrate Judge Sarah L Cave.) (ne)
March 4, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/4/2020. Attorneys Aldo A Badini, Susannah Providence Torpey, Evan Charles Miller, and Lauren E Duxstad appeared on behalf of the Treehouse Plaintiffs. Attorneys Mario Moore and Daniel Johnson, Jr appeared on behalf of Plaintiff JBR, Inc. Attorneys Valarie C. Williams, Brian Parker Miller, and Alex Brown appeared on behalf of the McLane Plaintiffs. Attorneys Frederick Taylor Isquith, Patrick Donovan, Betsy C. Manifold, Gregory Keith Arenson, and Robert N. Kaplan appeared on behalf of the Indirect Purchaser Plaintiffs. Attorneys Michael Morris Buchman and Deborah A. Elman appeared on behalf of the Direct Purchaser Plaintiffs. Attorneys Leah Brannon, Wendelynne J. Newton, and Mackenzie A. Baird appeared on behalf of Defendant Keurig. (ne)
March 4, 2020 Filing 832 JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Kenneth S. Reinker dated March 4, 2020 re: 3/2/20 Order Regarding TreeHouse's 30(b)(6) Deposition. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A).(Reinker, Kenneth)
March 4, 2020 Opinion or Order Filing 831 SEALING ORDER. The Court ORDERS as follows: (1) Motion to Compel Answers to Certain Deposition Questions (ECF No. 755) Keurig shall submit to JBR a list of former JBR employees for whom, based on the current record, the reason why their employment with JBR ended is uncertain. For each employee, JBR must provide one of two answers: (1) that the employee was terminated, or (2) that the employee left voluntarily. The parties are directed to meet and confer as to whether the parties agree to reopen Mr. Rogers's deposition for the purposes of questioning on this topic, or whether a Rule 30(b)(6) witness be designated. (2) Motion Challenging Clawback of an April 9, 2014 Email (ECF No. 761) Having reviewed the April 9, 2014 email in camera, as well as the parties' supplemental submissions (ECF Nos. 814 and 820), JBR's Motion challenging Keurig's clawback is DENIED. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/4/20) (yv)
March 4, 2020 Opinion or Order Filing 830 ORDER FOR ADMISSION PRO HAC VICE granting #817 Motion for Samuel G. Fuller to Appear Pro Hac Vice. The motion of Samuel G. Fuller for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac 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. The Clerk of Court is respectfully directed to close the Motion at ECF No. 817. (Signed by Magistrate Judge Sarah L Cave on 3/4/20) (yv)
March 4, 2020 Opinion or Order Filing 829 ORDER FOR ADMISSION PRO HAC VICE granting #818 Motion for Eun Sun Jang to Appear Pro Hac Vice. The motion of Eun Sun Jang for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac 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. The Clerk of Court is respectfully directed to close the Motion at ECF No. 818. (Signed by Magistrate Judge Sarah L Cave on 3/4/20) (yv)
March 4, 2020 Opinion or Order Filing 828 SEALING ORDER granting #821 Letter Motion to Seal; granting #824 Letter Motion to Seal. The Letter-Motion at ECF No. 821 to seal portions of the documents filed at ECF No. 822 is GRANTED. The Letter-Motion filed at ECF No. 823 shall remain under seal only visible to the selected parties. The Letter-Motion at ECF No. 824 to seal portions of the documents filed at ECF No. 825 is GRANTED. The Letter-Motion filed at ECF No. 826 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 821 and 824. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/4/20) (yv)
March 3, 2020 Opinion or Order Filing 827 ORDER granting #810 Letter Motion to Seal. The Letter-Motion at ECF No. 810 to seal portions of the documents filed at ECF No. 811 is GRANTED. The Letter-Motion filed at ECF No. 811 shall remain under seal only visible to the selected parties. (Signed by Judge Vernon S. Broderick on 3/3/2020) (tro)
March 3, 2020 Filing 826 ***SELECTED PARTIES*** LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated March 3, 2020. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A - 2/17/2020 email, #2 Exhibit D - Tate Tr., #3 Exhibit E - McCreary Tr., #4 Exhibit F - 2/21/2020 Wood Tr., #5 Exhibit G - 2/14/2020 Wood Tr., #6 Exhibit H - Sullivan Tr., #7 Exhibit I - Hartley Tr.)Motion or Order to File Under Seal: #824 .(Duxstad, Lauren)
March 3, 2020 Filing 825 LETTER MOTION to Compel Defendant Keurig Green Mountain, Inc. to provide testimony regarding certain Topics in Plaintiffs' 30(b)(6) notice, by all Plaintiffs, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated March 3, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - 2/17/2020 email (Redacted), #2 Exhibit B - Topic 24 Language, #3 Exhibit C - 30(b)(6) Topics, #4 Exhibit D - Tate Tr. (Filed Under Seal), #5 Exhibit E - McCreary Tr. (Filed Under Seal), #6 Exhibit F - 2/21/2020 Wood Tr. (Filed Under Seal), #7 Exhibit G - 2/14/2020 Wood Tr. (Filed Under Seal), #8 Exhibit H - Sullivan Tr. (Filed Under Seal), #9 Exhibit I - Hartley Tr. (Filed Under Seal)).(Duxstad, Lauren)
March 3, 2020 Filing 824 LETTER MOTION to Seal certain exhibits in Plaintiffs' Letter Motion to Compel 30(b)(6) Testimony, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated March 3, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Duxstad, Lauren)
March 3, 2020 Filing 823 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720)., #821 LETTER MOTION to Seal Plaintiffs' Reply in Support of Motion for Reconsideration, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 3, 2020. . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. Motion or Order to File Under Seal: #821 .(Badini, Aldo)
March 3, 2020 Filing 822 REPLY MEMORANDUM OF LAW in Support re: #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 3, 2020 Filing 821 LETTER MOTION to Seal Plaintiffs' Reply in Support of Motion for Reconsideration, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated March 3, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
March 3, 2020 Filing 820 LETTER addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated March 3, 2020 re: March 2, 2020 Hearing. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
March 3, 2020 Opinion or Order Filing 819 SEALING ORDER granting #813 Letter Motion to Seal. The Letter-Motion at ECF No. 813 to seal portions of the documents filed at ECF No. 814 is GRANTED. The Letter-Motion filed at ECF No. 815 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 813. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/3/20) (yv)
March 3, 2020 Filing 818 MOTION for Eun Sun Jang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18988080. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Jang, Eun Sun)
March 3, 2020 Filing 817 MOTION for Samuel G. Fuller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18987460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Fuller, Samuel)
March 3, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #818 MOTION for Eun Sun Jang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18988080. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 3, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #817 MOTION for Samuel G. Fuller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18987460. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
March 2, 2020 Filing 816 NOTICE OF CHANGE OF ADDRESS by Elizabeth Cheryl Pritzker on behalf of All Indirect Purchaser Plaintiffs. New Address: Pritzker Levine LLP, 1900 Powell Street, Suite 450, Emeryville, CA, United States 94608,..(Pritzker, Elizabeth)
March 2, 2020 Filing 815 ***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated March 2, 2020 re: #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J, #813 LETTER MOTION to Seal JBR's Additional Letter Brief ISO ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated March 2, 2020. [PROPOSED SEALED] JBR's Additional Letter Brief ISO ECF No. 762. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Bradley J. Demuth, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Barbara S. Jones, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1 - Proposed Sealed, #2 Exhibit 2 - Proposed Sealed)Motion or Order to File Under Seal: #813 .(Johnson, Daniel)
March 2, 2020 Filing 814 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated March 2, 2020 re: #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J, #813 LETTER MOTION to Seal JBR's Additional Letter Brief ISO ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated March 2, 2020. [REDACTED] JBR's Additional Letter Brief ISO ECF No. 762. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted).(Johnson, Daniel)
March 2, 2020 Filing 813 LETTER MOTION to Seal JBR's Additional Letter Brief ISO ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated March 2, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
March 2, 2020 Opinion or Order Filing 812 ORDER: By Wednesday, March 4, 2020 at 6:00 pm, TreeHouse and Keurig shall submit a joint letter listing, without argument, the topics for TreeHouse's 30(b)(6) deposition(s) still in dispute after the parties' meet and confer today, March 2, 2020. On Friday, March 6, 2020 at 3:00 pm, TreeHouse and Keurig shall jointly call Chambers at 212-805-0214, at which time the Court will resolve all remaining disputes regarding the 30(b)(6) topics. By Monday, March 9, 2020 at 6:00 p.m., TreeHouse must provide Keurig dates before March 19, 2020 for its 30(b)(6) deposition(s). (Telephone Conference set for 3/6/2020 at 03:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 3/2/2020) (ne)
March 2, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/2/2020. Attorneys Aldo A Badini, Lauren E Duxstad, and Susannah Providence Torpey appeared on behalf of Plaintiff Treehouse Foods, Inc. Attorneys Daniel Johnson, Jr and Mario Moore appeared on behalf of Plaintiff JBR, Inc. Attorneys Matthew Pilsner, Wendelynne J. Newton, Leah Brannon, and Everett Coraor appeared on behalf of Defendant Keurig. (ne)
March 2, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 3/2/2020. Attorneys Aldo A Badini, Lauren E Duxstad, and Susannah Providence Torpey appeared on behalf of Plaintiff Treehouse Foods, Inc. Attorneys Mackenzie A. Baird, Leah Brannon, and Everett Coraor appeared on behalf of Defendant Keurig. (ne)
February 28, 2020 Filing 811 Objection re: #750 Order,,,,,, #810 LETTER MOTION to Seal Plaintiffs' Objection to Magistrate Judge Ruling (ECF No. 750), addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 28, 2020. [PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S DISCOVERY ORDER - Redacted]. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 - Feb. 13, 2020 Hearing Tr. (Filed Under Seal), #2 Exhibit 2 - Feb. 26, 2020 Keurig 30(b)(6) Tr. (Filed Under Seal), #3 Exhibit 3 - JAB-KGM-MDL-00167061 (Filed Under Seal), #4 Exhibit 4 - Feb. 14, 2020 Keurig 30(b)(6) Tr. (Filed Under Seal), #5 Exhibit 5 - KGM Responses to THS's First Set of Rogs., #6 Exhibit 6 - Feb. 11, 2020 Blanford Tr. (Filed Under Seal), #7 Exhibit 7 - July 19, 2019 Edwards Tr. (Filed Under Seal), #8 Exhibit 8 - May 22, 2019 Hartley Tr. (Filed Under Seal), #9 Exhibit 9 - May 30, 2019 Oh Tr. (Filed Under Seal), #10 Exhibit 10 - Sept. 27, 2019 Tinkler Tr. (Filed Under Seal), #11 Exhibit 11 - June 27, 2019 Manly Tr. (Filed Under Seal)).(Badini, Aldo)
February 28, 2020 Filing 810 LETTER MOTION to Seal Plaintiffs' Objection to Magistrate Judge Ruling (ECF No. 750), addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 28, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 28, 2020 Filing 809 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 26, 2020 re: #769 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery (Redacted) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A - 2/20/2020 L. Duxstad Email, #2 Exhibit B - Sullivan Tr., #3 Exhibit C - 2/14/2020 Wood Tr., #4 Exhibit D - Pl. Ex. 1476, #5 Exhibit E - Martin Tr., #6 Exhibit F - 2/25/2020 Gross Tr., #7 Exhibit K - A. Gross Tr., #8 Exhibit L - K. Campbell Tr.)Motion or Order to File Under Seal: #804 .(Badini, Aldo)
February 28, 2020 Filing 808 ***SELECTED PARTIES***EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit B - 11/5/2019 M. Clerkin Letter, #2 Exhibit C - 10/3/2019 M. Moore Letter, #3 Exhibit E - 2/18/2020 C. Amezcua Letter, #4 Exhibit F - 2/11/2020 W. Newton Email)Motion or Order to File Under Seal: #804 .(Badini, Aldo)
February 27, 2020 Filing 807 NOTICE of Intent to Request Redaction re: #763 Transcript,,. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
February 27, 2020 Filing 806 ***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 24, 2020 re: #748 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 13, 2020. [SEALED] JBR's Reply Letter Brief in Support of ECF No. 748. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Bradley J. Demuth, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Barbara S. Jones, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1 - Sealed, #2 Exhibit 2 - Sealed)Motion or Order to File Under Seal: #803 .(Johnson, Daniel)
February 27, 2020 Filing 805 LETTER RESPONSE in Support of Motion addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 24, 2020 re: #748 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 13, 2020. [REDACTED] JBR's Reply Letter Brief in Support of ECF No. 748. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted).(Johnson, Daniel)
February 27, 2020 Opinion or Order Filing 804 SEALING ORDER AND TELEPHONE CONFERENCE SCHEDULING ORDER granting #801 Letter Motion to Seal. The undersigned will be ruling on the Emergency Letter Motion for an Extension of Time to Complete Discovery. (ECF No. 769). Accordingly, a telephone conference will be held between all parties on Wednesday, March 4, 2020 at 3:30 pm. The parties are directed to call into the Chambers conference line at 866-390-1828 at the scheduled time. The access code for the conference call is: 3809799. The Letter-Motion at ECF No. 801 to seal portions of the documents filed at ECF No. 802 is GRANTED. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 801. (Signed by Magistrate Judge Sarah L Cave on 2/27/2020) (ne) Transmission to Sealed Records Clerk for processing.
February 27, 2020 Telephone Conference set for 3/4/2020 at 03:30 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 2/27/2020) (ne)
February 26, 2020 Opinion or Order Filing 803 ORDER granting #783 Letter Motion to Seal. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 2/26/2020) (tro)
February 26, 2020 Filing 802 LETTER REPLY to Response to Motion addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 26, 2020 re: #769 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery (Redacted) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. (Redacted). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - 2/20/2020 L. Duxstad Email (Redacted), #2 Exhibit B - Sullivan Tr. (Filed Under Seal), #3 Exhibit C - 2/14/2020 Wood Tr. (Filed Under Seal), #4 Exhibit D - Pl. Ex. 1476 (Filed Under Seal), #5 Exhibit E - Martin Tr. (Filed Under Seal), #6 Exhibit F - 2/25/2020 Gross Tr. (Filed Under Seal), #7 Exhibit G - 9/23/2019 Hrg. Tr., #8 Exhibit H - Errata Sheet, #9 Exhibit I - Pl. Ex. 791, #10 Exhibit J - M. Wood Tr., #11 Exhibit K - A. Gross Tr. (Filed Under Seal), #12 Exhibit L - K. Campbell Tr. (Filed Under Seal)).(Badini, Aldo)
February 26, 2020 Filing 801 LETTER MOTION to Seal limited portions of Plaintiffs' Reply to Keurig's Response to the Emergency Letter Motion Regarding Case Schedule, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 26, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 26, 2020 Opinion or Order Filing 800 SEALING ORDER granting #795 Letter Motion to Seal. The Letter-Motion at ECF No. 795 to seal portions of the documents filed at ECF No. 796 is GRANTED. The Letter-Motion filed at ECF No. 797 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 795. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/26/20) (yv)
February 26, 2020 Opinion or Order Filing 799 ORDER FOR ADMISSION PRO HAC VICE granting #794 Motion for Brett M. Waters to Appear Pro Hac Vice. The motion of Brett M. Waters for admission to practice pro hac vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac 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. The Clerk of Court is respectfully directed to close the Letter Motion at ECF No. 794. (Signed by Magistrate Judge Sarah L Cave on 2/26/20) (yv)
February 26, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #794 MOTION for Brett M. Waters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18917371. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 25, 2020 Filing 798 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Leah Brannon dated February 25, 2020 re: #769 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery (Redacted) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Brannon, Leah)
February 25, 2020 Filing 797 ***SELECTED PARTIES***LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 25, 2020 re: #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J, #795 LETTER MOTION to Seal JBR's Reply Letter Brief in Support of ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 25, 2020. [PROPOSED SEALED] JBR's Reply Letter Brief in Support of ECF No. 762. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Bradley J. Demuth, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Barbara S. Jones, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 19 - PROPOSED SEALED, #2 Exhibit 20 - PROPOSED SEALED, #3 Exhibit 21 - PROPOSED SEALED, #4 Exhibit 22 - PROPOSED SEALED, #5 Exhibit 23 - PROPOSED SEALED, #6 Exhibit 24 - PROPOSED SEALED, #7 Exhibit 25 - PROPOSED SEALED, #8 Exhibit 26 - PROPOSED SEALED, #9 Exhibit 27 - PROPOSED SEALED, #10 Exhibit 28 - PROPOSED SEALED)Motion or Order to File Under Seal: #795 .(Johnson, Daniel)
February 25, 2020 Filing 796 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 25, 2020 re: #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J, #795 LETTER MOTION to Seal JBR's Reply Letter Brief in Support of ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 25, 2020. [REDACTED] JBR's Reply Letter Brief in Support of ECF No. 762. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 19 - REDACTED, #2 Exhibit 20 - REDACTED, #3 Exhibit 21 - REDACTED, #4 Exhibit 22 - REDACTED, #5 Exhibit 23 - REDACTED, #6 Exhibit 24 - REDACTED, #7 Exhibit 25 - REDACTED, #8 Exhibit 26 - REDACTED, #9 Exhibit 27 - REDACTED, #10 Exhibit 28 - REDACTED).(Johnson, Daniel)
February 25, 2020 Filing 795 LETTER MOTION to Seal JBR's Reply Letter Brief in Support of ECF No. 762 addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 25, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 25, 2020 Filing 794 MOTION for Brett M. Waters to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18917371. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Declaration of Brett M. Waters, with Certificate, #2 Text of Proposed Order).(Waters, Brett)
February 25, 2020 Opinion or Order Filing 793 ORDER granting #770 Letter Motion for Discovery. The Court ORDERS that Plaintiff JBR, Inc. be allotted four hours of deposition time, with the remaining three hours allocated to Defendant Keurig. The Court notes that Magistrate Judge Pitman previously ordered the same split of deposition time for third-party of Staples, Inc., and finds that the same reasoning applies here. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 770. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/25/20) (yv)
February 25, 2020 Opinion or Order Filing 792 SEALING ORDER granting #784 Letter Motion to Seal; granting #787 Letter Motion to Seal. The Letter-Motion at ECF No. 784 to seal portions of the documents filed at ECF No. 785 is GRANTED. The Letter-Motion filed at ECF No. 786 shall remain under seal only visible to the selected parties. The Letter-Motion at ECF No. 787 to seal portions of the documents filed at ECF No. 788 is GRANTED. The Letter-Motion filed at ECF No. 789 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 785 and 787. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/25/20) (yv)
February 24, 2020 Filing 791 NOTICE OF APPEARANCE by Kenneth Stephen Reinker on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Reinker, Kenneth)
February 24, 2020 Filing 790 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 2/24/2020 re: #757 LETTER MOTION for Conference re: Motion to Compel TreeHouse to Schedule Its 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 18, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A).(Brannon, Leah)
February 24, 2020 Filing 789 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 2/24/2020 re: #756 LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. addressed to Magi, #787 LETTER MOTION to Seal Keurig's Reply on its Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated 2/24/2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #787 .(Brannon, Leah)
February 24, 2020 Filing 788 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated 2/24/2020 re: #756 LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. addressed to Magi, #787 LETTER MOTION to Seal Keurig's Reply on its Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated 2/24/2020. (Redacted Letter Reply). Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A - Sealed).(Brannon, Leah)
February 24, 2020 Filing 787 LETTER MOTION to Seal Keurig's Reply on its Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated 2/24/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Malm, Carl)
February 24, 2020 Filing 786 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated 2/24/2020 re: #784 LETTER MOTION to Seal Keurig's Response to JBR's February 19 Letter Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated 2/24/2020., #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Motion or Order to File Under Seal: #784 .(Newton, Wendelynne)
February 24, 2020 Filing 785 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated 2/24/2020 re: #784 LETTER MOTION to Seal Keurig's Response to JBR's February 19 Letter Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated 2/24/2020., #762 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] J (Redacted Letter Response). Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Sealed, #3 Exhibit 3 - Sealed, #4 Exhibit 4 - Sealed, #5 Exhibit 5 - Sealed, #6 Exhibit 6 - Sealed, #7 Exhibit 7 - Sealed).(Newton, Wendelynne)
February 24, 2020 Filing 784 LETTER MOTION to Seal Keurig's Response to JBR's February 19 Letter Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated 2/24/2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Newton, Wendelynne)
February 24, 2020 Filing 783 LETTER MOTION to Seal JBR, Inc.'s Letter in Response to ECF No. 777 addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 24, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 24, 2020 Filing 782 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 24, 2020 re: #770 LETTER MOTION for Discovery Order Allocating Time at Third-Party Deposition addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 20, 2020. . Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 24, 2020 Opinion or Order Filing 781 SEALING ORDER granting #768 Letter Motion to Seal; granting #774 Letter Motion to Seal; granting #778 Letter Motion to Seal. The Letter-Motion at ECF No. 768 to seal portions of the documents filed at ECF No. 769 is GRANTED. As per Judge Cave's Individual Practices and SDNY standing order 19-mc-583, complete and unredacted versions the documents proposed to be sealed must be filed at the same time as the Motion to Seal and made visible to the parties in this action. The filing party is directed to file the unredacted documents on the docket, making them visible only to the parties in this action. The Letter-Motion at ECF No. 774 to seal portions of the documents filed at ECF No. 775 is GRANTED. The Letter-Motion filed at ECF No. 776 shall remain under seal only visible to the selected parties. The Letter-Motion at ECF No. 778 to seal portions of the documents filed at ECF No. 779 is GRANTED. The Letter-Motion filed at ECF No. 780 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 768, 774 and 778. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/24/20) (yv)
February 21, 2020 Filing 780 ***SELECTED PARTIES***NOTICE of Sealed Exhibits C [2019-12-18 M. Baird Email] and D [2020-2-11 W. Newton Email] re: #778 LETTER MOTION to Seal certain portions of the Response to Keurig's Letter Motion to Compel TreeHouse to Schedule Its 30(b)(6) Deposition, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated February 21, 2020., #779 Response in Opposition to Motion,,. Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit D - 2020-2-11 W. Newton Email)Motion or Order to File Under Seal: #778 .(Duxstad, Lauren)
February 21, 2020 Filing 779 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated February 21, 2020 re: #757 LETTER MOTION for Conference re: Motion to Compel TreeHouse to Schedule Its 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 18, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Ex. A - 2020-2-18 L. Malm Email, #2 Ex. B - 2019-8-22 L. Duxstad Email, #3 Ex. C - 2019-12-18 M. Baird Email [REDACTED], #4 Ex. D - 2020-2-11 W. Newton Email [REDACTED]).(Duxstad, Lauren)
February 21, 2020 Filing 778 LETTER MOTION to Seal certain portions of the Response to Keurig's Letter Motion to Compel TreeHouse to Schedule Its 30(b)(6) Deposition, addressed to Magistrate Judge Sarah L. Cave from Lauren E. Duxstad dated February 21, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Duxstad, Lauren)
February 21, 2020 Filing 777 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Leah Brannon dated February 21, 2020 re: #748 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 13, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A).(Brannon, Leah)
February 21, 2020 Filing 776 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Mario Moore dated February 21, 2020 re: #756 LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. addressed to Magi JBR's Opposition to Keurig's Motion to Compel Answers to Deposition Questions. Document filed by JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Bradley J. Demuth, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., Teena Marie Johnson, Barbara S. Jones, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Proposed Sealed, #6 Exhibit 6 - Proposed Sealed, #7 Exhibit 7 - Proposed Sealed, #8 Exhibit 8 - Proposed Sealed, #9 Exhibit 9 - Proposed Sealed, #10 Exhibit 10 - Proposed Sealed, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)Motion or Order to File Under Seal: #774 .(Johnson, Daniel)
February 21, 2020 Filing 775 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Mario Moore dated February 21, 2020 re: #756 LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. addressed to Magi, #774 LETTER MOTION to Seal JBR's Opposition to Keurigs Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 21, 2020. [REDACTED] JBR's Opposition to Keurigs Motion to Compel Answers to Deposition Questions. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Redacted, #6 Exhibit 6 - Redacted, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted, #9 Exhibit 9 - Redacted, #10 Exhibit 10 - Redacted, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14).(Johnson, Daniel)
February 21, 2020 Filing 774 LETTER MOTION to Seal JBR's Opposition to Keurigs Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 21, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 21, 2020 Filing 773 OPPOSITION BRIEF re: #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). /Non-Party Sagentia Limited's Opposition to Plaintiffs' Motion for Reconsideration. Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
February 21, 2020 Filing 772 LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 21, 2020 re: #769 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery (Redacted) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. . Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 21, 2020 Opinion or Order Filing 771 ORDER granting #766 Letter Motion for Extension of Time. The requested extension of time until March 3, 2020 for Plaintiffs to reply is GRANTED. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF NO. 766. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/21/20) (yv)
February 21, 2020 Set/Reset Deadlines as to #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). Replies due by 3/3/2020. (yv)
February 20, 2020 Filing 770 LETTER MOTION for Discovery Order Allocating Time at Third-Party Deposition addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 20, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Brannon, Leah)
February 20, 2020 Filing 769 EMERGENCY LETTER MOTION for Extension of Time to Complete Discovery (Redacted) addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - 2/12/2020 C. Amezcua Email, #2 Exhibit B - 11/5/2019 M. Clerkin Letter (filed under seal), #3 Exhibit C - 10/3/2019 M. Moore Letter (filed under seal), #4 Exhibit D - 12/9/2019 M. Cui Email, #5 Exhibit E - 2/18/2020 C. Amezcua Letter (filed under seal), #6 Exhibit F - 2/11/2020 W. Newton Email (redacted)).(Badini, Aldo)
February 20, 2020 Filing 768 LETTER MOTION to Seal limited portions of Plaintiffs' Emergency Letter Motion Regarding Case Schedule and accompanying exhibits, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 20, 2020 Opinion or Order Filing 767 SEALING AND SCHEDULING ORDER granting #760 Letter Motion to Seal; granting #761 Letter Motion for Conference. Plaintiff JBR's Letter-Motion to file portions of the Letter Motion Challenging Keurig's Clawback under seal (ECF No. 760) is GRANTED. The unredacted Letter-Motion filed at ECF No. 762 shall remain under seal; however, JBR is directed to make the filing visible to all parties to this action, not just the filing party and the Court. Plaintiff JBR's Letter-Motion for a conference to discuss the Letter-Motion Challenging Keurig's Clawback is GRANTED. (ECF No. 761). This Motion will be discussed during the discovery conference scheduled for Monday, March 2, 2020 at 10:30 am. The Clerk of Court is respectfully directed to close the Letter-Motions at ECF Nos. 760, 761 and 762. SO ORDERED. (Discovery Hearing set for 3/2/2020 at 10:30 AM before Magistrate Judge Sarah L Cave.); granting #762 Letter Motion for Conference (Discovery Hearing set for 3/2/2020 at 10:30 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 2/20/20) (yv)
February 20, 2020 Filing 766 CONSENT LETTER MOTION for Extension of Time to file reply re: #742 Motion for Reconsideration, addressed to Magistrate Judge Sarah L. Cave from Evan C. Miller dated February 20, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Miller, Evan)
February 20, 2020 Opinion or Order Filing 765 AMENDED SCHEDULING ORDER: The Court will hold a telephone conference between Plaintiff JBR and Defendant Keurig on Monday, March 2, 2020 at 10:30 am to discuss Keurig's Motion to Compel Answers to Deposition Questions. (ECF Nos. 755 and 756). The Court will hold a telephone conference between Plaintiff TreeHouse and Defendant Keurig on Monday, March 2, 2020 at 11:30 am to discuss Keurig's Motion to Compel TreeHouse to Schedule its 30(b)(6) Deposition. (ECF No. 757). (Telephone Conference set for 3/2/2020 at 10:30 AM before Magistrate Judge Sarah L Cave. Telephone Conference set for 3/2/2020 at 11:30 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 2/20/2020) (ne)
February 20, 2020 Filing 764 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/13/2020 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.(rro)
February 20, 2020 Filing 763 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/13/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 3/12/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/20/2020.(rro)
February 19, 2020 Filing 762 ***EX-PARTE*** LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [PROPOSED SEALED] JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1 - Proposed Sealed, #2 Exhibit 2 - Proposed Sealed, #3 Exhibit 3 - Proposed Sealed, #4 Exhibit 4 - Proposed Sealed, #5 Exhibit 5 - Proposed Sealed, #6 Exhibit 6 - Proposed Sealed, #7 Exhibit 7 - Proposed Sealed, #8 Exhibit 8 - Proposed Sealed, #9 Exhibit 9 - Proposed Sealed, #10 Exhibit 10 - Proposed Sealed, #11 Exhibit 11, #12 Exhibit 12 - Proposed Sealed, #13 Exhibit 13 - Proposed Sealed, #14 Exhibit 14 - Proposed Sealed, #15 Exhibit 15 - Proposed Sealed, #16 Exhibit 16 - Proposed Sealed, #17 Exhibit 17 - Proposed Sealed, #18 Exhibit 18 - Proposed Sealed)Motion or Order to File Under Seal: #760 .(Johnson, Daniel)
February 19, 2020 Filing 761 LETTER MOTION for Conference re: #760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. [REDACTED] JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted, #4 Exhibit 4 - Redacted, #5 Exhibit 5 - Redacted, #6 Exhibit 6 - Redacted, #7 Exhibit 7 - Redacted, #8 Exhibit 8 - Redacted, #9 Exhibit 9 - Redacted, #10 Exhibit 10 - Redacted, #11 Exhibit 11, #12 Exhibit 12 - Redacted, #13 Exhibit 13 - Redacted, #14 Exhibit 14 - Redacted, #15 Exhibit 15 - Redacted, #16 Exhibit 16 - Redacted, #17 Exhibit 17 - Redacted, #18 Exhibit 18 - Redacted).(Johnson, Daniel)
February 19, 2020 Filing 760 LETTER MOTION to Seal JBR's Letter Motion Challenging Keurig's Clawback addressed to Magistrate Judge Sarah L. Cave from Daniel Johnson Jr. dated February 19, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 19, 2020 Opinion or Order Filing 759 MEMO ENDORSEMENT on re: #753 Letter request for extension of time to respond to Plaintiffs Motion for Reconsideration filed by Sagentia, Ltd., Set Deadlines/Hearing as to #753 Letter, #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). ENDORSEMENT: The requested extension of time to respond to Plaintiffs' motion for reconsideration is GRANTED. Sagentia shall file a response by February 21, 2020. SO ORDERED. (Responses due by 2/21/2020) (Signed by Magistrate Judge Sarah L Cave on 2/19/20) (yv)
February 19, 2020 Opinion or Order Filing 758 SEALING AND TELEPHONE CONFERENCE SCHEDULING ORDER granting #754 Letter Motion to Seal; terminating #755 Letter Motion for Conference; terminating #756 Letter Motion for Conference; terminating #757 Letter Motion for Conference. The Plaintiffs' Letter-Motion to file portions of the Letter Motion to Compel Answers to Deposition under seal (ECF No. 754) is GRANTED. The redacted Letter Motion filed at ECF No. 756 shall remain under seal only visible to the selected parties. The Court will hold a telephone conference between Plaintiff JBR and Defendant Keurig on Tuesday, March 3, 2020 at 10:30 am to discuss Keurig's Motion to Compel Answers to Deposition Questions. (ECF Nos. 755 and 756). The Court will hold a telephone conference between Plaintiff TreeHouse and Defendant Keurig on Tuesday, March 3, 2020 at 11:30 am to discuss Keurig's Motion to Compel TreeHouse to Schedule its 30(b)(6) Deposition. (ECF No. 757). The parties are directed to jointly call Chambers at 212-805-0214 at the scheduled time. The Clerk of Court is respectfully directed to close the Letter Motions at ECF Nos. 754, 755, 756 and 757. (Signed by Magistrate Judge Sarah L Cave on 2/19/2020) (ne)
February 19, 2020 Set/Reset Hearings: Telephone Conference set for 3/3/2020 at 10:30 AM before Magistrate Judge Sarah L Cave. Telephone Conference set for 3/3/2020 at 11:30 AM before Magistrate Judge Sarah L Cave. (ne)
February 18, 2020 Filing 757 LETTER MOTION for Conference re: Motion to Compel TreeHouse to Schedule Its 30(b)(6) Deposition addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A).(Brannon, Leah)
February 18, 2020 Filing 756 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Attachment A, #2 Attachment B)Motion or Order to File Under Seal: #754 .(Brannon, Leah)
February 18, 2020 Filing 755 LETTER MOTION for Conference re: #754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. (Redacted Letter Motion) addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated February 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Attachment A - Sealed, #2 Attachment B - Sealed).(Brannon, Leah)
February 18, 2020 Filing 754 LETTER MOTION to Seal Letter Motion to Compel Answers to Deposition Questions addressed to Magistrate Judge Sarah L. Cave from Carl Lawrence Malm dated February 18, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated..(Malm, Carl)
February 18, 2020 Filing 753 LETTER addressed to Judge Vernon S. Broderick from Danielle D'Aquila dated February 18, 2020 re: request for extension of time to respond to Plaintiffs Motion for Reconsideration. Document filed by Sagentia, Ltd...(D'Aquila, Danielle)
February 18, 2020 Opinion or Order Filing 752 ORDER with respect to #748 Letter Motion for Conference. Any party that wishes to be heard regarding Rogers' request shall file a letter no later than February 21, 2020 outlining its position on the request. (Signed by Judge Vernon S. Broderick on 2/18/2020) (rro)
February 14, 2020 Opinion or Order Filing 751 ORDER granting #741 Letter Motion to Seal. The Plaintiffs' Letter-Motion to file portions of the Memorandum of Law in Support of Motion for Reconsideration under seal (ECF No. 741) is GRANTED. The redacted Memorandum of Law filed at ECF No. 743 shall remain under seal only visible to the selected parties. The Clerk of Court is respectfully directed to close the Letter Motions at ECF No. 741. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/14/20) (yv)
February 14, 2020 Opinion or Order Filing 750 ORDER. Plaintiffs' request for the production of Mr. Degnan's documents in the four categories listed above is DENIED. In addition, the Court has evaluated the factors the Second Circuit has instructed district courts to consider in evaluating a request to depose opposing counsel, see In re Subpoena Issued to Dennis Friedman, 350 F.3d 65, 72 (2d Cir. 2003), and is not persuaded at this time that there is a compelling reason for a deposition of Mr. Degnan, for any length of time. See Bey v. City of New York, No. 99 Civ. 3873 (LMM) (RLE), 2007 WL 1893723, at *5 (S.D.N.Y. June 28, 2007) ("a court may preclude proposed deposition of an attorney if it 'would entail an inappropriate burden or hardship'") (quoting Friedman, 350 F.3d at 72); see also Shaub and Williams L.L.P. v. Augme Tech., Inc., No. 13 Civ. 1101 (GBD) (JCF), 2014 WL 1033862, at *5 (S.D.N.Y. Mar. 17, 2014) ("Depositions of counsel, even if limited to relevant and non-privileged information, are likely to have a disruptive effect on the attorney-client relationship and on the litigation of the case.") (internal citations omitted). Should Plaintiffs conclude, after the depositions of Keurig's other witnesses, that Mr. Degnan's testimony is necessary as to a discrete issue or issues material to the claims or defenses in this action, Plaintiffs may renew their application to take his deposition. Accordingly, Plaintiffs' request for the deposition of Mr. Degnan is DENIED without prejudice. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/14/20) (yv)
February 13, 2020 Filing 749 NOTICE of Intent to Request Redaction by Aldo A Badini re #736 Transcript,,..(Badini, Aldo)
February 13, 2020 Filing 748 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated February 13, 2020. Document filed by JBR, Inc. (d/b/a Rogers Family Company)..(Johnson, Daniel)
February 13, 2020 Filing 747 NOTICE of Intent to Request Redaction by Wendelynne J. Newton re #736 Transcript,,..(Newton, Wendelynne)
February 13, 2020 Filing 746 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)
February 13, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 2/13/2020. Attorneys Aldo A Badini, Lauren E Duxstad, and Susannah Providence Torpey appeared on behalf of Plaintiff Treehouse Foods, Inc. Attorneys Daniel Johnson, Jr and Mario Moore appeared on behalf of Plaintiff JBR, Inc. Attorneys Mackenzie A. Baird, Matthew Pilsner, Leah Brannon, and Wendelynne J. Newton appeared on behalf of Defendant Keurig. (ne)
February 11, 2020 Filing 745 LETTER MOTION for Oral Argument on Motion for Reconsideration (ECF No. 742), addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated February 11, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 11, 2020 Filing 744 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #741 LETTER MOTION to Seal portions of the Motion for Reconsideration addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated February 11, 2020., #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). . Document filed by Bay Valley Foods, LLC, Treehouse Foods, Inc., Sturm Foods, Inc., All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, Richard Constantino, John R Cusimano, Cusimano Carstar Collison Inc., William Daly, William Daly, Roger Davidson, Jonna Dugan, Michael J. Flanagan, Amy Gray, Green Mountain Coffee Roasters, Inc., Patricia Hall, Matthew Hashem, Armando Herrera, Mary Hudson, JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), Teena Marie Johnson, Darlene M. Kennedy, Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, Sagentia, Inc., Sagentia, Ltd., Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Rhett Montgomery Tanselle, Constance Werthe, Toni Williams. (Attachments: #1 Exhibit B - Edwards Tr. Excerpt)Motion or Order to File Under Seal: #741 .(Badini, Aldo)
February 11, 2020 Filing 743 MEMORANDUM OF LAW in Support re: #741 LETTER MOTION to Seal portions of the Motion for Reconsideration addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated February 11, 2020., #742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). (Redacted). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Declaration of Evan C. Miller, #2 Exhibit B - Edwards Tr. Excerpt (Redacted)).(Badini, Aldo)
February 11, 2020 Filing 742 MOTION for Reconsideration of the sealing order entered on January 28, 2020 (ECF No. 720). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 11, 2020 Filing 741 LETTER MOTION to Seal portions of the Motion for Reconsideration addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated February 11, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc...(Badini, Aldo)
February 10, 2020 Filing 740 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated January 23, 2020 re: #706 LETTER MOTION for Local Rule 37.2 Conference re: request for deposition and to compel production, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 21, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Newton, Wendelynne)
February 10, 2020 Filing 739 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated January 23, 2020 re: #705 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., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17).(Mukhi, Rahul)
February 10, 2020 Filing 738 NOTICE OF APPEARANCE by Evan Charles Miller on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:14-cv-00905-VSB.(Miller, Evan)
February 6, 2020 Filing 737 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/4/2020 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.(rro)
February 6, 2020 Filing 736 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/4/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020..(rro)
February 6, 2020 Filing 735 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/28/2020 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. (rro)
February 6, 2020 Filing 734 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/28/2020 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020.(rro)
February 4, 2020 Opinion or Order Filing 733 ORDER: Pursuant to the discovery conference held today, February 4, 2020, between Plaintiffs TreeHouse Foods, Sturm Foods, and Bay Valley Foods (TreeHouse) and Defendant Keurig, the Court ORDERS as follows: By February 28, 2020, TreeHouse shall produce (1) all of Samantha Peskie's responsive handwritten notes for the period January 1, 2009 through April 30, 2013, and (2) Ms. Peskie's custodial documents for the period January 1, 2009 through December 31, 2010 regarding the development of TreeHouse's unfiltered single-serve product. By February 28, 2020, Keurig shall produce Don Holly's custodial documents regarding the negotiation of the supplier agreements between Keurig and Curwood, Phoenix Cups, and Winpak. The parties' requests set forth in their Letter-Motions at ECF Nos. 705 and 708 are otherwise DENIED. (Signed by Magistrate Judge Sarah L Cave on 2/4/2020) (rro)
February 4, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 2/4/2020. Attorneys Lauren E. Duxstad and Susannah Providence Torpey appeared on behalf of Plaintiff Treehouse Foods, Inc. Attorneys Mackenzie A. Baird, Wendelynne J. Newton, Leah Brannon, and Rahul Mukhi appeared on behalf of Defendant Keurig. (ne)
January 31, 2020 Opinion or Order Filing 732 SEALING ORDER denying as moot #730 Letter Motion for Local Rule 37.2 Conference; granting #731 Motion to Seal Document #722 Reply to Response to Motion. The Letter-Motion at ECF No. 731 to seal the documents filed at ECF No. 722 is GRANTED. The parties are directed to refile the documents at ECF No. 722 with the proposed redactions described in ECF No. 731. The Clerk of Court is respectfully directed to seal ECF No. 722, to close the Letter-Motion at ECF No. 730 as moot, and to close the Letter-Motions at ECF No. 731. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/31/20) (yv) Transmission to Sealed Records Clerk for processing.
January 30, 2020 Filing 731 LETTER MOTION to Seal Document #722 Reply to Response to Motion,, addressed to Magistrate Judge Sarah L. Cave from Wendelynne Newton dated January 30, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Reply, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17)(Newton, Wendelynne)
January 30, 2020 Filing 730 LETTER MOTION for Local Rule 37.2 Conference re: request for deposition and to compel production (redacted), addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini and Mario Moore dated January 21, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - June 20, 2019 Email from S. Torpey (redacted), #2 Exhibit B - December 3, 2019 Keurig 30(b)(6) Tr., #3 Exhibit C - Pls.' Ex. 1562, #4 Exhibit D - Pls.' Ex. 1565, #5 Exhibit E - March 6, 2012 Keurig 30(b)(6) Tr., #6 Exhibit F - KGM01121128 (redacted), #7 Exhibit G - KGM00193346, #8 Exhibit H - KGM10882523 (redacted), #9 Exhibit I - KGM09937565 (redacted), #10 Exhibit J - SAG00001107 (redacted), #11 Exhibit K - KGM03729006)(Badini, Aldo)
January 30, 2020 Opinion or Order Filing 729 SEALING ORDER granting #726 Letter Motion to Seal Document ; granting #727 Letter Motion to Seal Document. The Letter-Motion at ECF No. 726 to seal the documents filed at ECF No. 716 is GRANTED. The parties are directed to refile the documents at ECF No. 716 with the proposed redactions described in ECF No. 726. The Letter-Motion at ECF No. 727 to seal the documents at ECF No. 719 is GRANTED. The parties are directed to refile the documents at ECF No. 719 with the proposed redactions described in ECF No. 727. The Clerk of Court is respectfully directed to seal ECF Nos. 716 and 719 and to close the Letter-Motions at ECF Nos. 726 and 727. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/30/20) (yv) Transmission to Sealed Records Clerk for processing.
January 30, 2020 Filing 728 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
January 29, 2020 Filing 727 LETTER MOTION to Seal Document #719 Response in Opposition to Motion,, addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated January 29, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Response, #2 Exhibit 1, #3 Exhibit 2)(Newton, Wendelynne)
January 29, 2020 Filing 726 LETTER MOTION to Seal Document #716 Reply to Response to Motion,, addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated January 29, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Reply, #2 Exhibit E, #3 Exhibit F)(Newton, Wendelynne)
January 29, 2020 Opinion or Order Filing 725 SEALING ORDER granting #721 Letter Motion to Seal Document ; granting #723 Letter Motion to Seal Document. The Letter-Motion at ECF No. 721 to seal the documents filed at ECF No. 712 is GRANTED. The parties are directed to refile the documents at ECF No. 712 with the proposed redactions described in ECF No. 721. The Letter-Motion at ECF No. 723 to seal the documents at ECF No. 713 is GRANTED. The parties are directed to refile the documents at ECF No. 713 with the proposed redactions described in ECF No. 723. The Clerk of Court is respectfully directed to seal ECF Nos. 712 and 713 and to close the Letter-Motions at ECF Nos. 721 and 723. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/29/20) (yv) Transmission to Sealed Records Clerk for processing.
January 29, 2020 Opinion or Order Filing 724 ORDER. Pursuant to the discovery conference held yesterday, January 28, 2020, Keurig's request is GRANTED. Keurig shall have three and one half (3.5) hours, exclusive of breaks, to depose Mr. Rogers. Questioning at the deposition shall be limited to questions arising from the documents produced after the first deposition of Mr. Rogers. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/29/20) (yv)
January 28, 2020 Filing 723 LETTER MOTION to Seal Document #713 Response in Opposition to Motion,, addressed to Magistrate Judge Sarah L. Cave from Wendelynne Newton dated January 28, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Response, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 6, #7 Exhibit 7)(Newton, Wendelynne)
January 28, 2020 Filing 722 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated January 28, 2020 re: #708 LETTER MOTION for Discovery Conference Re: Document Production, addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated January 22, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 12 - Sept. 6, 2019 Hearing Tr. Excerpt, #2 Exhibit 13 - GPCS-011056, #3 Exhibit 14 - Wettstein Tr. Excerpt, #4 Exhibit 15 - McCall Tr. Excerpt, #5 Exhibit 16 - McCreary Tr. Excerpt, #6 Exhibit 17 - Crites Tr. Excerpt)(Torpey, Susannah)
January 28, 2020 Filing 721 LETTER MOTION to Seal Document #712 Reply to Response to Motion,, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 28, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Keurig reply, #2 Keurig Exhibit 13, #3 Keurig Exhibit 14, #4 Keurig Exhibit 15, #5 Keurig Exhibit 16)(Badini, Aldo)
January 28, 2020 Opinion or Order Filing 720 SEALING ORDER granting in part and denying in part #715 Motion to Seal Document ; granting #717 Motion to Seal Document ; granting #718 Motion to Seal Document. The Letter-Motion at ECF No. 715 to seal the documents filed at ECF No. 706 is GRANTED in part and DENIED in part. The parties are directed to refile the documents at ECF No. 706 with Keurig's and Sagentia's proposed redactions described in ECF No. 715. The Letter-Motion at ECF No. 717 to seal the documents at ECF No. 707 is GRANTED. The parties are directed to refile the documents at ECF No. 707 with the proposed redactions described in ECF No. 717. The Letter-Motion at ECF No. 718 to seal the documents at ECF No. 708 is GRANTED. The parties are directed to refile the documents at ECF No. 708 with the proposed redactions described in ECF No. 718. The Clerk of Court is respectfully directed to seal ECF Nos. 706, 707 and 708 and to close the Letter-Motions at ECF Nos. 715, 717 and 718. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/28/20) (yv) Transmission to Sealed Records Clerk for processing.
January 28, 2020 Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 1/28/2020. Attorney Mario Moore appeared on behalf of Plaintiff JBR, Inc. Attorneys Rahul Mukhi and Wndelynne J. Newton appeared on behalf of Defendant Keurig. (ne)
January 27, 2020 Filing 719 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated January 27, 2020 re: #708 LETTER MOTION for Discovery Conference Re: Document Production, addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated January 22, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Newton, Wendelynne)
January 27, 2020 Filing 718 LETTER MOTION to Seal Document #708 LETTER MOTION for Discovery Conference, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 27, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Letter Motion for Discovery Conference, #2 Exhibit 2 to Letter Motion for Discovery Conference, #3 Exhibit 3 to Letter Motion for Discovery Conference, #4 Exhibit 4 to Letter Motion for Discovery Conference, #5 Exhibit 5 to Letter Motion for Discovery Conference, #6 Exhibit 6 to Letter Motion for Discovery Conference, #7 Exhibit 8 to Letter Motion for Discovery Conference, #8 Exhibit 9 to Letter Motion for Discovery Conference, #9 Exhibit 11 to Letter Motion for Discovery Conference)(Badini, Aldo)
January 27, 2020 Filing 717 LETTER MOTION to Seal Document #707 Response in Opposition to Motion,, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 27, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Letter in Opposition, #2 Exhibit 2 to Letter in Opposition, #3 Exhibit 4 to Letter in Opposition, #4 Exhibit 5 to Letter in Opposition)(Badini, Aldo)
January 24, 2020 Filing 716 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini and Mario Moore dated January 24, 2020 re: #706 LETTER MOTION for Local Rule 37.2 Conference re: request for deposition and to compel production, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 21, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - JAB-KGM-MDL-00132965, #2 Exhibit B - RAJ-00049999, #3 Exhibit C - 30(b)(6) Dep. Tr., #4 Exhibit D - Errata, #5 Exhibit E - January 4, 2020 Email, #6 Exhibit F - January 7, 2020 Email)(Badini, Aldo)
January 24, 2020 Filing 715 JOINT LETTER MOTION to Seal Document ECF No. 706 addressed to Magistrate Judge Sarah L. Cave from Wendelynne Newton dated January 24, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Newton, Wendelynne)
January 24, 2020 Opinion or Order Filing 714 TELEPHONE CONFERENCE SCHEDULING ORDER granting #706 Letter Motion for Local Rule 37.2 Conference: The Court is in receipt of Plaintiffs TreeHouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc., and JBR, Inc.'s request at ECF No. 706 for a discovery conference to discuss Plaintiffs' request for document production and deposition of Mike Degnan, and the opposition by Defendant Keurig at ECF No. 713. The Defendant Keurig and the Plaintiffs listed above are directed to jointly call Chambers on February 13, 2020 at 2:30 pm at (212) 805-0214 to discuss the Letter-Motion. The Clerk of Court is respectfully directed to Close the Letter-Motion at ECF No. 706. (Telephone Conference set for 2/13/2020 at 02:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/24/2020) (ne)
January 23, 2020 Filing 713 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Wendelynne J. Newton dated January 23, 2020 re: #706 LETTER MOTION for Local Rule 37.2 Conference re: request for deposition and to compel production, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 21, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Newton, Wendelynne)
January 23, 2020 Filing 712 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated January 23, 2020 re: #705 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., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Mukhi, Rahul)
January 23, 2020 Opinion or Order Filing 711 TELEPHONE CONFERENCE SCHEDULING ORDER: The Defendant Keurig and Plaintiff TreeHouse are directed to jointly call Chambers on February 4, 2020 at 11:00 am at (212) 805-0214 to discuss both Letter-Motions. The Clerk of Court is respectfully directed to Close the Letter-Motions at ECF Nos. 705 and 708. Telephone Conference set for 2/4/2020 at 11:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 1/23/2020) (va)
January 23, 2020 Opinion or Order Filing 710 ORDER granting #705 Letter Motion for Discovery. The unopposed request to seal the documents filed at ECF No. 705 is GRANTED. The parties are directed to refile the documents at ECF No. 705 with the proposed redactions at ECF. No. 709. The Clerk of Court is respectfully directed to seal ECF No. 705 and to close the Letter-Motion at ECF No. 709. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/23/2020) (va) Transmission to Sealed Records Clerk for processing.
January 22, 2020 Filing 709 LETTER MOTION to Seal Document #705 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated January 16, 2020. addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 22, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Keurig's letter motion, #2 Keurig Exhibit 2, #3 Keurig Exhibit 3, #4 Keurig Exhibit 4, #5 Keurig Exhibit 5, #6 Keurig Exhibit 6, #7 Keurig Exhibit 7, #8 Keurig Exhibit 8, #9 Keurig Exhibit 9, #10 Keurig Exhibit 10, #11 Keurig Exhibit 11, #12 Keurig Exhibit 12)(Badini, Aldo)
January 22, 2020 Filing 708 LETTER MOTION for Discovery Conference Re: Document Production, addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated January 22, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 - Whoriskey Tr. Excerpt, #2 Exhibit 2 - KGM00922409, #3 Exhibit 3 - KGM09436455, #4 Exhibit 4 - MBLOCK_0268222, #5 Exhibit 5 - KGM04476276, #6 Exhibit 6 - KGM04488042, #7 Exhibit 7 - GPCS-000620, #8 Exhibit 8 - KGM03131274, #9 Exhibit 9 - KGM03677678, #10 Exhibit 10 - BIGELOW-00005548, #11 Exhibit 11 - KGM10481585)(Torpey, Susannah)
January 22, 2020 Filing 707 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Susannah P. Torpey dated January 22, 2020 re: #705 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Sarah L. Cave from Rahul Mukhi dated January 16, 2020. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 - Jarona Tr. Excerpt, #2 Exhibit 2 - Overly Tr. Excerpt, #3 Exhibit 3 - Whoriskey Tr. Excerpt, #4 Exhibit 4 - THS-001484015, #5 Exhibit 5 - THS-003684310)(Torpey, Susannah)
January 21, 2020 Filing 706 LETTER MOTION for Local Rule 37.2 Conference re: request for deposition and to compel production, addressed to Magistrate Judge Sarah L. Cave from Aldo A. Badini dated January 21, 2020. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - June 20, 2019 Email from S. Torpey, #2 Exhibit B - December 3, 2019 Keurig 30(b)(6) Tr., #3 Exhibit C - Pls.' Ex. 1562, #4 Exhibit D - Pls.' Ex. 1565, #5 Exhibit E - March 6, 2012 Keurig 30(b)(6) Tr., #6 Exhibit F - KGM01121128, #7 Exhibit G - KGM00193346, #8 Exhibit H - KGM10882523, #9 Exhibit I - KGM09937565, #10 Exhibit J - SAG00001107, #11 Exhibit K - KGM03729006)(Badini, Aldo)
January 16, 2020 Filing 705 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., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (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)Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:14-cv-01609-VSB(Mukhi, Rahul)
January 15, 2020 Filing 704 LETTER REPLY to Response to Motion addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated January 15, 2020 re: #701 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated January 7, 2020. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A)(Brannon, Leah)
January 15, 2020 Opinion or Order Filing 703 TELEPHONE CONFERENCE SCHEDULING ORDER granting #701 Letter Motion for Conference. The Court is in receipt of Defendant Keurig's Letter-Motion to Compel the Deposition of Jim Rogers at ECF No. 701, and Plaintiff JBR's response in opposition at ECF No. 702. The Defendant Keurig and Plaintiff JBR are directed to jointly call Chambers on January 28, 2020 at 2:30 pm at (212) 805-0214 to discuss the Letter-Motion. SO ORDERED. Telephone Conference set for 1/28/2020 at 02:30 PM before Magistrate Judge Sarah L Cave.. (Signed by Magistrate Judge Sarah L Cave on 1/15/2020) (jca)
January 14, 2020 Filing 702 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Mario Moore dated 01/14/2020 re: #701 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated January 7, 2020. . Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Johnson, Daniel)
January 7, 2020 Filing 701 LETTER MOTION for Conference addressed to Magistrate Judge Sarah L. Cave from Leah Brannon dated January 7, 2020. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A)(Brannon, Leah)
December 20, 2019 Opinion or Order Filing 700 ORDER granting (698) Motion to Seal Document in case 1:14-md-02542-VSB-SLC. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/20/2019) Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:19-cv-00325-VSB (rro) Transmission to Sealed Records Clerk for processing.
December 20, 2019 Filing 699 CERTIFICATE OF SERVICE of McLane's Amended Complaint on December 19, 2019. Service was made by Email. Document filed by McLane Company, Inc.. (Brown, Alex)
December 19, 2019 Filing 698 LETTER MOTION to Seal Document (697 in 1:14-md-02542-VSB-SLC) Stipulation and Order,,, addressed to Judge Vernon S. Broderick from Alexander G. Brown dated December 19, 2019. Document filed by McLane Company, Inc..Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:19-cv-00325-VSB(Brown, Alex)
December 17, 2019 Opinion or Order Filing 697 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned: McLane may amend the pleadings by filing the proposed Amended Complaint enclosed as Exhibit A. Keurig Green Mountain, Inc. ("Keurig") shall have forty-five (45) days from the filing of McLane's Amended Complaint to file its Amended Answer. The deadline to serve non-contention interrogatories in McLane Company, Inc. v. Keurig Green Mountain, Inc., 1:19-CV-00325-VSB, shall be February 7, 2020 for both Keurig and McLane. McLane will not seek any extension of the deadline for the close of fact discovery or any other deadline set forth in Amended Case Management Plan and Scheduling Order of August 19, 2019 (ECF No. 668) on the basis of this stipulation, the filing of the amended complaint, or any new allegations in the amended complaint. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/17/2019) Filed In Associated Cases: 1:14-md-02542-VSB-SLC, 1:19-cv-00325-VSB(rro)
December 17, 2019 Opinion or Order Filing 696 ORDER granting #694 Motion to Seal Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/17/2019) (rro) Transmission to Sealed Records Clerk for processing.
December 16, 2019 Filing 695 PROPOSED STIPULATION AND ORDER. Document filed by McLane Company, Inc.. (Attachments: #1 Exhibit A) Redacted proposed Amended Complaint) (Brown, Alex)
December 16, 2019 Filing 694 LETTER MOTION to Seal Document addressed to Judge Vernon S. Broderick from Alexander G. Brown dated December 16, 2019. Document filed by McLane Company, Inc..(Brown, Alex)
October 7, 2019 Filing 692 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 9/23/2019 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.(vba) Modified on 10/8/2019 (vba).
October 7, 2019 Filing 691 TRANSCRIPT of Proceedings re: Discovery Conference held on 9/23/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/5/2020.(vba) Modified on 10/8/2019 (vba).
October 6, 2019 Opinion or Order Filing 693 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the Direct Purchaser Plaintiffs ("DPPs") and Defendant Keurig Green Mountain, Inc. ("Keurig" and, together with the DPPs, the "Parties") in the above-captioned action, that: Plaintiff David Rosenthal's claims in the above-captioned action are dismissed pursuant to Rule 41(a)(1)(A)(ii) and/or Rule 21 of the Federal Rules of Civil Procedure. The Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint (ECF No. 237) is hereby amended to strike: (a) the reference to David Rosenthal in the preamble on Page 1; and (b) Paragraph 33. Keurig will not seek the deposition of Mr. Rosenthal and will destroy all copies of documents that Mr. Rosenthal produced in the course of discovery in the above-captioned action in accordance with the Stipulated Amended Protective Order (ECF No. 496) (the "Protective Order"). The dismissal of Mr. Rosenthal shall be without prejudice to Mr. Rosenthal's standing as an absent class member. Pursuant to Federal Rule of Civil Procedure 15(a)(2), the Answer and Defenses of Defendant Keurig Green Mountain, Inc. to Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs (the "Keurig Answer") (ECF No. 407) is hereby amended to add Affirmative or Alternative Defense #16, which avers that "Plaintiff's claims are barred, in whole or in part, by the Noerr-Pennington doctrine." DPPs' stipulation and agreement that Keurig may amend the Keurig Answer to assert Affirmative or Alternative Defense #16 does not reflect any agreement or concession as to the validity of Affirmative or Alternative Defense #16 or any other part of the Keurig Answer. Keurig's amendment does not reflect any agreement or concession on its part that Noerr-Pennington is an affirmative defense that must be plead in an answer or that Keurig bears the burden of proof on such a defense. This Stipulation and all agreements contained herein are without prejudice and without costs to any Party. (David Rosenthal (on behalf of himself and all others similarly situated) terminated.) (Signed by Judge Vernon S. Broderick on 10/6/2019) (rro)
October 4, 2019 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to US Magistrate Judge Sarah L Cave, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Henry B. Pitman no longer referred to the case. (sjo)
October 4, 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. (sjo)
October 1, 2019 Filing 690 PROPOSED STIPULATION AND ORDER. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Malm, Carl)
September 30, 2019 Opinion or Order Filing 689 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL. ENDORSEMENT: Application granted. So ordered. Granting #686 Motion to Withdraw as Attorney. Attorney Laura Conley terminated. (Signed by Magistrate Judge Henry B. Pitman on 9/30/2019) (rjm)
September 30, 2019 Opinion or Order Filing 688 OPINION AND ORDER. Accordingly, for all the foregoing reasons, defendant's motion is denied. The Clerk of the Court is respectfully requested to mark Docket Item 681 closed. So ordered. re: #681 LETTER MOTION to Compel Discovery of Plaintiff TreeHouse addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated September 17, 2019. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Signed by Magistrate Judge Henry B. Pitman on 9/30/2019). Copies transmitted to: All Counsel. (rjm)
September 27, 2019 Filing 687 DECLARATION of Laura Conley in Support re: #686 MOTION for Laura Conley to Withdraw as Attorney .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Conley, Laura)
September 27, 2019 Filing 686 MOTION for Laura Conley to Withdraw as Attorney . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Conley, Laura)
September 25, 2019 Filing 685 NOTICE OF APPEARANCE by Fred Taylor Isquith on behalf of Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Brier Miller Minor, Patricia J. Nelson, Lorie Rehma, Shirley Schroeder, Constance Werthe. (Isquith, Fred)
September 20, 2019 Filing 684 LETTER addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated September 20, 2019 re: 9/23/19 Discovery Conference. Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
September 20, 2019 Filing 683 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated 9/20/19 re: 9/23/19 Discovery Conference. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
September 19, 2019 Filing 682 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated September 19, 2019 re: Keurig's September 17, 2019 Letter [ECF No. 681]. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
September 19, 2019 Set/Reset Hearings: Discovery Hearing set for 9/23/2019 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
September 17, 2019 Filing 681 LETTER MOTION to Compel Discovery of Plaintiff TreeHouse addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated September 17, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mukhi, Rahul)
September 13, 2019 Filing 680 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 9/6/2019 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.(aea)
September 13, 2019 Filing 679 TRANSCRIPT of Proceedings re: Discovery Hearing held on 9/6/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/4/2019. Redacted Transcript Deadline set for 10/15/2019. Release of Transcript Restriction set for 12/12/2019.(aea)
September 12, 2019 Opinion or Order Filing 678 ORDER, Accordingly, no later than October 11, 2019, defendants are to produce to plaintiffs all documents that Judge Jones Jones concluded were not properly withheld and any additional documents that defendants now conclude should be produced in light of Judge Jones' rulings 3. No later than October 18, 2019, all parties are to produce revised privilege logs. 4. Plaintiffs' application to compel the production of withheld documents relating to the retail launch of the 2.0 brewer on the theory that defendants have waived any claim of privilege concerning this subject matter is denied. 5. There being no objection to her rulings, Judge Jones' Report and Recommendation is adopted in full. (as further set forth in this Order). The Clerk of the Court is respectfully requested tomark Docket Item 649 closed. SO ORDERED. Motions terminated: #649 LETTER MOTION for Conference /Letter Motion for a Pre-Motion Discovery Conference addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated July 22, 2019. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Signed by Magistrate Judge Henry B. Pitman on 9/12/2019) Copies transmitted to: All Counsel(kv)
September 12, 2019 Opinion or Order Filing 677 MEMO ENORSEMENT granting (642) Motion to Withdraw as Attorney. in case 1:14-md-02542-VSB-HBP. ENDORSEMENT: IT IS HEREBY ORDERED that James Allen Glenn is withdrawn as counsel of record for Plaintiff in the above-captioned action, that his appearance is deemed withdrawn as of the date of this order, and that his e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Plaintiff. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 9/12/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-04242-VSB (kv)
September 6, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 9/6/2019. (ajc)
September 5, 2019 Filing 676 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 675 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)
September 5, 2019 Opinion or Order Filing 674 ORDER granting #673 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 9/5/2019) (js)
September 3, 2019 Filing 673 LETTER MOTION for Extension of Time to submit deposition confidentiality designations addressed to Judge Vernon S. Broderick from Danielle A. D'Aquila dated September 3, 2019. Document filed by Sagentia, Ltd..(D'Aquila, Danielle)
August 30, 2019 Set/Reset Hearings: Discovery Hearing set for 9/6/2019 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
August 29, 2019 Filing 672 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated August 29, 2019 re: Plaintiffs' Reply to Keurig's letter response dated August 22, 2019. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Declaration of Aldo A. Badini, #2 Exhibit 1 - Deposition Tr. Excerpt (sealed), #3 Exhibit 2 - Memorandum Decision)(Badini, Aldo)
August 27, 2019 Filing 671 LETTER addressed to Magistrate Judge Henry B. Pitman from Barbara S. Jones dated August 27, 2019 re: Special Master's request for approval of invoice. Document filed by Barbara S. Jones.(Jones, Barbara)
August 23, 2019 Filing 670 SEALED DOCUMENT placed in vault.(mhe)
August 22, 2019 Filing 669 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated 08/22/2019 re: Response to Plaintiffs' August 15 Letter Response & Cross-Motion. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (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)(Newton, Wendelynne)
August 19, 2019 Opinion or Order Filing 668 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 15, 2019 Filing 667 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated August 15, 2019 re: Plaintiffs' response to August 1, 2019 letter regarding the Special Masters Report and Recommendations. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Ex. A - privilege log entries (UNDER SEAL), #2 Declaration of Aldo A. Badini, #3 Ex. 1 - May 9, 2019 Letter, #4 Ex. 2 - July 22, 2019 Letter, #5 Ex. 3 - KEURIG0648522 [UNDER SEAL], #6 Ex. 4 - Excerpt of Lazaris Deposition Transcript [UNDER SEAL], #7 Ex. 5 - July 18, 2019 Letter, #8 Ex. 6 - August 13, 2019 Letter, #9 Ex. 7 - KGM10962525[UNDER SEAL, #10 Ex. 8 - KGM10963159 [UNDER SEAL], #11 Ex. 9 - April 16, 2019 Email, #12 Ex. 10 - SAG00001107 [UNDER SEAL], #13 Ex. 11 - KGM10882761 [UNDER SEAL], #14 Ex. 12 - KGM10926879 [UNDER SEAL], #15 Ex. 13 - KGM10944371 [UNDER SEAL], #16 Ex. 14 - KGM10946249 [UNDER SEAL], #17 Ex. 15 - KGM10946750 [UNDER SEAL], #18 Ex. 16 - KGM10930831 [UNDER SEAL], #19 Ex. 17 - KGM10938710 [UNDER SEAL], #20 Ex. 18 - KGM10940344 [UNDER SEAL], #21 Ex. 19 - KGM10940594 [UNDER SEAL], #22 Ex. 20 - KGM10943289 [UNDER SEAL], #23 Ex. 21 - KGM10944306 [UNDER SEAL], #24 Ex. 22 - KGM10922625 [UNDER SEAL], #25 Ex. 23 - KGM10922631 [UNDER SEAL], #26 Ex. 24 - KGM10923605 [UNDER SEAL], #27 Ex. 25 - KGM10944287 [UNDER SEAL], #28 Ex. 26 - KGM10938742 [UNDER SEAL], #29 Ex. 27 - KGM10949144 [UNDER SEAL], #30 Ex. 28 - KGM09890131 [UNDER SEAL], #31 Ex. 29 - August 2, 2019 Letter, #32 Ex. 30 - August 5, 2019 Letter, #33 Ex. 31 - KVR0040522 [UNDER SEAL], #34 Ex. 32 - August 13, 2019 Email)(Badini, Aldo)
August 12, 2019 Filing 666 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated August 12, 2019 re: proposed schedule for expert discovery, class certification, and dispositive motions. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Stipulated [Proposed] Amended Case Management Plan and Scheduling Order)(Badini, Aldo)
August 12, 2019 Filing 665 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)
August 12, 2019 Opinion or Order Filing 664 MEMO ENDORSEMENT on re: #663 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/12/2019) (rro)
August 9, 2019 Filing 663 LETTER addressed to Judge Vernon S. Broderick from Rahul Mukhi dated August 9, 2019 re: Case Management Plan. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Mukhi, Rahul)
August 7, 2019 Filing 662 SEALED DOCUMENT placed in vault.(rz)
August 6, 2019 Filing 661 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated August 6, 2019 re: #649 LETTER MOTION for Conference /Letter Motion for a Pre-Motion Discovery Conference addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated July 22, 2019. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21)(Mukhi, Rahul)
August 6, 2019 Filing 660 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/24/19 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...(McGuirk, Kelly)
August 6, 2019 Filing 659 TRANSCRIPT of Proceedings re: Conference held on 7/24/2019 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Lisa Picciano Franko, (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 8/27/2019. Redacted Transcript Deadline set for 9/6/2019. Release of Transcript Restriction set for 11/4/2019.(McGuirk, Kelly)
August 2, 2019 Filing 658 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 7/25/2019 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.(vba)
August 2, 2019 Filing 657 TRANSCRIPT of Proceedings re: Telephone Conference held on 7/25/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/23/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/31/2019.(vba)
August 1, 2019 Filing 656 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated August 1, 2019 re: Judge Jones' July 18 Report & Recommendation. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newton, Wendelynne)
August 1, 2019 Opinion or Order Filing 655 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL granting #653 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Gregory M. Hopkins and Stewart Headlee are withdrawn as counsel of record for Defendant in the above-captioned action, that their appearances are deemed withdrawn as of the date of this Order, and that their e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Defendant. IT IS SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 8/1/2019) Attorney Frank Stewart Headlee and Gregory M. Hopkins terminated (ks)
July 30, 2019 Filing 654 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated July 30, 2019 re: #649 LETTER MOTION for Conference /Letter Motion for a Pre-Motion Discovery Conference addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated July 22, 2019. (REDACTED). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Ex. 1 - 2018-10-04 S. Torpey Ltr. to KGM re Custodians, #2 Ex. 2 - Excerpts of Pawlick Dep. (Redacted), #3 Ex. 3 - KGM's Exhibit 21 to Judy Clark Dep. (Under Seal), #4 Ex. 4 - Excerpts of Molden Dep. (Redacted), #5 Ex. 5 - Excerpt of Lemieux Dep. (Redacted), #6 Ex. 6 - Excerpts of Overly Dep. (Redacted), #7 Ex. 7 - Excerpts of Baker Dep. (Redacted), #8 Ex. 8 - Excerpt of Clark Dep. (Redacted))(Torpey, Susannah)
July 30, 2019 Filing 653 MOTION for Gregory M Hopkins and Stewart Headlee to Withdraw as Attorney . Document filed by Keurig Green Mountain, Inc..(Hopkins, Gregory)
July 26, 2019 Opinion or Order Filing 652 ORDER: It is hereby ORDERED that: 1. Plaintiffs' application to compel defendant to answer is Interrogatory 8 is denied. In lieu of defendant's responding to Interrogatory 8, plaintiffs are to serve a deposition notice pursuant to Fed.R.Civ.P. 30 (b) ( 6) identifying the topics that would provide the information sought in Interrogatory 8. Defendant is to provide a witness or witnesses to testify in response to plaintiffs' 30(b) (6) notice on a mutually convenient date that is not later than December 9, 2019. 2. If any party intends to rely on the advice that party's counsel in connection with any claim or defense, that party is to provide notice of such intent no later than November 8, 2019 and is also to provide all relevant documents by that date. 3. Plaintiffs' application to add Liz Brazil as a custodian whose documents will be produced is granted in part and denied in part. Defendant is to produce relevant, responsive and non-privileged documents from Ms. Brazil's files for the period beginning March 1, 2012 and ending on May 31, 2012. This Order is without prejudice to the rights of any party to seek an additional Order concerning Ms. Brazil's flies. (as further set forth in this Order). SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/26/2019) Copies transmitted to: All Counsel (kv)
July 25, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 7/25/2019. (ajc)
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 24, 2019 Set/Reset Hearings: Telephone Conference set for 7/25/2019 at 10:00 AM before Magistrate Judge Henry B. Pitman. (ajc)
July 23, 2019 Filing 651 SEALED DOCUMENT placed in vault.(mhe)
July 23, 2019 Filing 650 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated July 23, 2019 re: July 24, 2019 hearing. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' [Proposed] Amended Case Management Plan and Scheduling Order, #2 Exhibit B - Keurig's [Proposed] Amended Case Management Plan and Scheduling Order)(Badini, Aldo)
July 22, 2019 Filing 649 LETTER MOTION for Conference /Letter Motion for a Pre-Motion Discovery Conference addressed to Magistrate Judge Henry B. Pitman from Rahul Mukhi dated July 22, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (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)
July 22, 2019 Filing 648 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
July 22, 2019 Opinion or Order Filing 647 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 22, 2019 Filing 646 SPECIAL MASTER'S REPORT. / Report and Recommendation of Special Master. Document filed by Barbara S. Jones.(Jones, Barbara)
July 19, 2019 Filing 645 NOTICE of Intent to Request Redaction by Wendelynne J. Newton re #643 Transcript,,.(Newton, Wendelynne)
July 17, 2019 Filing 644 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 7/15/2019 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.(vba)
July 17, 2019 Filing 643 TRANSCRIPT of Proceedings re: Discovery Conference held on 7/15/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019.(vba)
July 15, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 7/15/2019. (ajc)
July 12, 2019 Filing 642 MOTION for James Allen Glenn to Withdraw as Attorney . Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Declaration of Daniel Johnson Jr., #2 Text of Proposed Order)(Johnson, Daniel)
July 12, 2019 Filing 641 LETTER addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated July 12, 2019 re: Response to Keurig's July 11, 2019 Letter (Dkt. No. 640) concerning the Court's July 1, 2019 Order (Dkt. No. 636). Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
July 11, 2019 Filing 640 LETTER addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated July 11, 2019 re: Reply Regarding Court's July 1 Opinion. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
July 10, 2019 Filing 639 LETTER addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated July 10, 2019 re: Response to Keurig's July 8, 2019 Letter (Dkt. No. 638) concerning the Court's July 1, 2019 Order (Dkt. No. 636). Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit 1)(Johnson, Daniel)
July 9, 2019 Set/Reset Hearings: Discovery Hearing set for 7/15/2019 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
July 8, 2019 Filing 638 LETTER addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated July 8, 2019 re: Clarification of Court's July 1 Opinion. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A)(Brannon, Leah)
July 2, 2019 Opinion or Order Filing 637 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)
July 1, 2019 Opinion or Order Filing 636 OPINION AND ORDER: Accordingly, for all the foregoing reasons, unless JBR withdraws its assertion of good faith as a defense to both liability and damages within fourteen days of the date of this Opinion and Order, it is directed to produce all written communications that it had with any attorney concerning the marketing of JBR's compatible cups or packaging as environmentally friendly that occurred prior to the date on which JBR made the determination to cease marketing its cups and packaging in that manner. JBR is also directed to produce to Keurig and the other parties in this action all documents exchanged in its malpractice arbitration against Tsan Abrahamson, Esq. The Clerk of the Court is respectfully requested to mark Docket Item 575 closed. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/1/2019) (ks)
July 1, 2019 Filing 635 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maureen Kane Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17174546. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett, Bay Valley Foods, LLC, Lavinia Simona Biasell, Kenneth B. Burkley, Holly Ann Buss, Class Plaintiffs, 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, Mary Hudson, JBR, Inc., Teena Marie Johnson, Darlene M. Kennedy, Lori Jo Kirkhart, Benjamin Krajcir, John Lohin, James G. Long, Linda Major, McLane Company, Inc., Brier Miller Minor, Tracy Elizabeth Moreno, David Wayne Nation, Patricia J. Nelson, Ney Silverman Insurance Associates, L.L.C., Ken Overton, Timothy Quackenbush, Julie Rainwater, Lorie Rehma, Sally Rizzo, Henry A. Rocker, Gregory Rose, Jeffrey Rosen, David Rosenthal, Lauren Jill Schneider, Shirley Schroeder, Todd W. Springer, Sturm Foods, Inc., Rhett Montgomery Tanselle, Treehouse Foods, Inc., Constance Werthe, Toni Williams. (Attachments: #1 Affidavit Declaration of Maureen Berg, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)(Berg, Maureen) Modified on 7/1/2019 (jc).
July 1, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #635 MOTION for Maureen Kane Berg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17174546. 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 Supreme Court of Illinois (we do not accept nor need certificates from other federal courts). 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 Attorney Affidavit/Declaration - attach Proposed Order. (jc)
June 25, 2019 Opinion or Order Filing 634 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 24, 2019 Opinion or Order Filing 633 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Evan C. Miller dated 6/19/2019 re: I write as counsel to Plaintiffs TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc., to enclose Plaintiffs' request for leave to file as partially redacted or under seal certain portions of Plaintiffs' discovery correspondence filed today, June 19, 2019. See ECF No. 627, and as further specified in this letter. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge Henry B. Pitman on 6/21/2019) (rjm)
June 21, 2019 Filing 632 SEALED DOCUMENT placed in vault.(mhe)
June 21, 2019 Filing 631 THIRD AMENDED COMPLAINT amending #238 Amended Complaint, against Keurig Green Mountain, Inc. with JURY DEMAND.Document filed by All Indirect Purchaser Plaintiffs. Related document: #238 Amended Complaint,.(Isquith, Frederick)
June 20, 2019 Opinion or Order Filing 630 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.
June 20, 2019 Filing 629 LETTER MOTION to Seal Document re. Third Amended Complaint addressed to Judge Vernon S. Broderick from Fred Taylor Isquith dated June 20, 2019. Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
June 19, 2019 Opinion or Order Filing 628 ORDER FOR ADMISSION PRO HAC VICE granting #624 Motion for Christopher M. Fitzpatrick to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 6/19/2019) (ne)
June 19, 2019 Filing 627 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated June 19, 2019 re: #622 LETTER MOTION for Discovery to Compel Document Production addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated June 13, 2019. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 - KGM03095380 (under seal), #2 Exhibit 2 - Statement of CPSC Commissioners re Keurig Investigation, #3 Exhibit 3 - Transcript from Keurigs Q4 2014 Earnings Call, #4 Exhibit 4 - Testimony of David Sachs (under seal), #5 Exhibit 5 - Testimony of Bruce Godfrey (under seal), #6 Exhibit 6 - Testimony of Catherine James (under seal), #7 Exhibit 7 - Testimony of Kristin Cefalo (under seal), #8 Exhibit 8 - Testimony of Ann Green (under seal), #9 Exhibit 9 - KGM01586841 (under seal), #10 Exhibit 10 - KGM01665919 (under seal), #11 Exhibit 11 - KGM01523213 (under seal))(Badini, Aldo)
June 18, 2019 Filing 626 NOTICE OF APPEARANCE by Rahul Mukhi on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Mukhi, Rahul)
June 18, 2019 Filing 625 NOTICE OF APPEARANCE by Rachel Lerner on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Lerner, Rachel)
June 18, 2019 Filing 624 MOTION for Christopher M. Fitzpatrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17103567. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Fitzpatrick, Christopher)
June 18, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #624 MOTION for Christopher M. Fitzpatrick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17103567. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 14, 2019 Opinion or Order Filing 623 ORDER FOR ADMISSION PRO HAC VICE: granting (621) Motion for Laura A. Komarek to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (35) Motion for Laura A. Komarek to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. (Signed by Magistrate Judge Henry B. Pitman on 6/13/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (js)
June 13, 2019 Filing 622 LETTER MOTION for Discovery to Compel Document Production addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated June 13, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Brannon, Leah)
June 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (35 in 1:19-cv-00325-VSB, 621 in 1:14-md-02542-VSB-HBP) MOTION for Laura A. Komarek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17070606. 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, 1:19-cv-00325-VSB(ma)
June 12, 2019 Filing 621 MOTION for Laura A. Komarek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17070606. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declaration of Laura A. Komarek, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Komarek, Laura)
June 12, 2019 Opinion or Order Filing 620 ORDER FOR ADMISSION PRO HAC VICE: granting (618) Motion for Amanda M. Waide to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (33) Motion for Amanda M. Waide to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 6/11/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (js)
June 11, 2019 Filing 619 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated June 11, 2019 re: ECF No. 617; Discovery of Sturm Litigation Confidential Materials. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
June 10, 2019 Filing 618 MOTION for Amanda M. Waide to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17050578. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declaration of Amanda M. Waide, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Waide, Amanda)
June 10, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (33 in 1:19-cv-00325-VSB, 618 in 1:14-md-02542-VSB-HBP) MOTION for Amanda M. Waide to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17050578. 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, 1:19-cv-00325-VSB(wb)
June 6, 2019 Filing 617 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated June 6, 2019 re: #606 LETTER MOTION for Discovery addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 21, 2019. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
June 4, 2019 Filing 616 SEALED DOCUMENT placed in vault.(mhe)
May 31, 2019 Filing 615 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated May 31, 2019 re: TreeHouses Motion on Interrogatory No. 8 and Custodian. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A)(Newton, Wendelynne)
May 31, 2019 Filing 614 TRANSCRIPT REQUEST for a Discovery Hearing proceeding held on May 22, 2019 before Magistrate Judge Henry B. Pitman. Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
May 31, 2019 Opinion or Order Filing 613 ORDER granting #608 Motion to Seal Document. Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/31/2019) (js) Transmission to Sealed Records Clerk for processing.
May 31, 2019 Filing 612 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 5/22/2019 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.(vba)
May 31, 2019 Filing 611 TRANSCRIPT of Proceedings re: 14md2542 held on 5/22/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/21/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/29/2019.(vba)
May 30, 2019 Filing 610 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated May 30, 2019 re: #606 LETTER MOTION for Discovery addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 21, 2019. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
May 29, 2019 Filing 609 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated May 29, 2019 re: #606 LETTER MOTION for Discovery addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 21, 2019. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Newton, Wendelynne)
May 29, 2019 Filing 608 LETTER MOTION to Seal Document addressed to Magistrate Judge Henry B. Pitman from Wendelynne J Newton dated May 29, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
May 24, 2019 Opinion or Order Filing 607 ORDER granting #606 Letter Motion for Discovery. Application to file under seal is Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/24/2019) (js) Transmission to Sealed Records Clerk for processing.
May 22, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 5/22/2019. (ajc)
May 21, 2019 Filing 606 LETTER MOTION for Discovery addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 21, 2019. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit 1 - Letter dated July 25, 2018, #2 Exhibit 2 - Letter dated August 7, 2018 (filed under seal), #3 Exhibit 3 - Email dated May 20, 2019, #4 Exhibit 4 - Email dated May 3, 2019, #5 Exhibit 5 - KGM00310508 (filed under seal), #6 Exhibit 6 - KGM00175099 (filed under seal), #7 Exhibit 7 - Email dated March 30, 2012, KGM07568580 (filed under seal), #8 Exhibit 8 - Email dated March 26, 2012, KGM10623277 (filed under seal), #9 Exhibit 9 - Email dated April 16, 2011, KGM00989022 (filed under seal), #10 Exhibit 10 - Letter dated February 18, 2019)(Torpey, Susannah)
May 21, 2019 Opinion or Order Filing 605 ORDER denying #601 Letter Motion to Stay. Defendants' application for a protective order adjourning the deposition of Corporate Essentials is denied. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/21/2019) Copies Sent By Chambers. (js) Modified on 5/21/2019 (js).
May 21, 2019 Filing 604 LETTER addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated May 21, 2019 re: Reply to Plaintiffs Opposition to Motion regarding Third-Party Depositions. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
May 20, 2019 Opinion or Order Filing 603 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that: 1. Keurig shall not be obligated to Answer the Rainwater Complaint, and any deadlines regarding that Complaint are adjourned sine die. 2. Having agreed that the Rainwater Action shall be consolidated into the Indirect Purchaser Case in the above-captioned MDL, the parties shall meet and confer regarding further steps with respect to the Rainwater Action. 3. Keurig's deadline to respond to the Indirect Purchaser Plaintiffs' ("IPPs") operative Complaint is adjourned. The deadline for the putative IPP class to assert additional causes of action without leave of the Court, per Paragraph 4 of the Case Management Order, ECF 354-1, will be June 21, 2019. If such a filing is made by June 21, Keurig shall file a response within thirty (30) days of filing by IPPs. If the putative IPP class does not make such a filing by June 21, Keurig shall have until July 3, 2019 to file an Answer. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 5/20/2019) ( Amended Pleadings due by 6/21/2019.) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:15-cv-08985-VSB(ks)
May 20, 2019 Filing 602 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Fred T. Isquith dated May 20, 2019 re: #601 LETTER MOTION to Stay Deposition and for an Order Allocating Time at Third-Party Depositions addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated May 17, 2019. . Document filed by All Indirect Purchaser Plaintiffs. (Isquith, Frederick)
May 17, 2019 Filing 601 LETTER MOTION to Stay Deposition and for an Order Allocating Time at Third-Party Depositions addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated May 17, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
May 17, 2019 Filing 600 PROPOSED STIPULATION AND ORDER. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Malm, Carl)
May 17, 2019 Opinion or Order Filing 599 ORDER: Paragraph 2 of my Order entered in this matter on December 6, 2018 (Docket Item 473) is amended to read as follows: 2. Defendant's objection to Treehouse's request for documents related to the development and testing of any Keurig brewer still under development and not available for consumer purchase, as set forth in RFP Nos. 1 through 4, is sustained. Treehouse may renew its application to compel production of these documents if any such brewer is subsequently distributed commercially or if defendant later represents that it will affirmatively rely on any brewer in development as part of its defense or in some other respect. So Ordered (Signed by Magistrate Judge Henry B. Pitman on 5/16/2019) Copies Sent By Chambers. (js)
May 8, 2019 Filing 598 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 Opinion or Order Filing 597 ORDER FOR ADMISSION PRO HAC VICE: granting #595 Motion for Joseph C. Bourne to Appear Pro Hac Vice. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 5/8/2019) (js)
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 596 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 595 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 594 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 30, 2019 Filing 593 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated April 30, 2019 re: Timeliness of Motion for Reconsideration. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
April 30, 2019 Filing 592 LETTER addressed to Judge Vernon S. Broderick from Robert N. Kaplan dated 4/30/2019 re: Timeliness of IPPs Motion for Reconsideration Under Local Rule 6.3.. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
April 26, 2019 Filing 591 LETTER REPLY to Response to Motion addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated April 26, 2019 re: #575 LETTER MOTION to Compel Discovery of Plaintiff JBR addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 04/17/2019. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brannon, Leah)
April 26, 2019 Opinion or Order Filing 590 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 25, 2019 Filing 589 LETTER addressed to Judge Vernon S. Broderick from Robert N. Kaplan dated April 25, 2019 re: Response to Letter ECF No. 588. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
April 25, 2019 Filing 588 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated April 25, 2019 re: Timeliness of Reconsideration Motion. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
April 25, 2019 Filing 587 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated April 25, 2019 re: Response to Letter Dated April 16, 2019 Regarding The Use of Inadvertently Produced Privileged Documents [ECF No. 573]. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
April 24, 2019 Filing 586 DECLARATION of Mario Moore in Opposition re: #575 LETTER MOTION to Compel Discovery of Plaintiff JBR addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 04/17/2019.. 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, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Johnson, Daniel)
April 24, 2019 Filing 585 LETTER RESPONSE to Motion addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated April 24, 2019 re: #575 LETTER MOTION to Compel Discovery of Plaintiff JBR addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 04/17/2019. . Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Johnson, Daniel)
April 24, 2019 Filing 584 MEMORANDUM OF LAW in Support re: #582 MOTION for Reconsideration re; #581 Memorandum & Opinion,,,,,, Motion for Reconsideration in Part. . Document filed by All Indirect Purchaser Plaintiffs. (Isquith, Frederick)
April 24, 2019 Filing 583 DECLARATION of Fred T. Isquith in Support re: #582 MOTION for Reconsideration re; #581 Memorandum & Opinion,,,,,, Motion for Reconsideration in Part.. Document filed by All Indirect Purchaser Plaintiffs. (Isquith, Frederick)
April 24, 2019 Filing 582 MOTION for Reconsideration re; #581 Memorandum & Opinion,,,,,, Motion for Reconsideration in Part. Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
April 22, 2019 Opinion or Order Filing 581 OPINION AND ORDER. For the reasons stated herein, Keurig's motions to dismiss: (1) the Rogers Amended Complaint is DENIED; (2) the TreeHouse Amended Complaint is DENIED; (3) the DPP Amended Complaint is DENIED; (4) the IPP Second Amended Complaint is DENIED with respect to the IPPs' First, Second, and Third Claims for Relief; (5) the IPP Second Amended Complaint is GRANTED with respect to the IPPs' Fourth, Fifth, Sixth, Seventh, and Eighth Claims for Relief; (6) the IPP Second Amended Complaint is DENIED with respect to the IPPs' Ninth Claim for Relief as to claims brought under the laws of Arizona, California, the District of Columbia, Iowa, Kansas, Maine, Minnesota, Nebraska, North Carolina, North Dakota, Oregon, Tennessee, West Virginia, and Wisconsin; (7) the IPP Second Amended Complaint is GRANTED with respect to the IPPs' Ninth Claim for Relief as to claims brought under the laws of Michigan, Mississippi, Nevada, New Hampshire, New Mexico, New York, and South Dakota; (8) the IPP Second Amended Complaint is DENIED with respect to the IPPs' Tenth Claim for Relief; (9) the IPP Second Amended Complaint is GRANTED with respect to the IPPs' Eleventh Claim for Relief as to claims brought under the laws of Michigan and New York; and (10) the IPP Second Amended Complaint is DENIED with respect to the IPPs' Eleventh Claim for Relief as to claims brought under the laws of Arizona, Arkansas, the District of Columbia, Iowa, Kansas, Maine, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, New Mexico, Oregon, South Dakota, and Wisconsin. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/3/2019). This document was previously filed under seal in envelope doc. no. 567. (rjm)
April 22, 2019 Opinion or Order Filing 580 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 19, 2019 Filing 579 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated April 19, 2019 re: Seeking Clarification at Judge Broderick's Suggestion Regarding Order from November 9, 2018 Hearing. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - April 5, 2019 H'rg Tr)(Badini, Aldo)
April 19, 2019 Set/Reset Hearings: Discovery Hearing set for 5/22/2019 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
April 18, 2019 Filing 578 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/5/19 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...(McGuirk, Kelly)
April 18, 2019 Filing 577 TRANSCRIPT of Proceedings re: conference held on 4/5/2019 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Paula Speer, (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 5/9/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/17/2019.(McGuirk, Kelly)
April 18, 2019 Filing 576 SPECIAL MASTER'S REPORT. . Document filed by Barbara S. Jones.(Jones, Barbara)
April 17, 2019 Filing 575 LETTER MOTION to Compel Discovery of Plaintiff JBR addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 04/17/2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brannon, Leah)
April 16, 2019 Opinion or Order Filing 574 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 16, 2019 Filing 573 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated April 16, 2019 re: Use of Inadvertently Produced Privileged Documents After Notice. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A - March 5, 2019 Email, #2 Exhibit B - October 29, 2018 Email)(Newton, Wendelynne)
April 16, 2019 Filing 572 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated April 16, 2019 re: Letter Informing The Court Of No Proposed Redactions To The Court's Opinion & Order [ECF No. 559]. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
April 15, 2019 Opinion or Order Filing 571 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 12, 2019 Filing 570 PROPOSED STIPULATION AND ORDER. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Newton, Wendelynne)
April 12, 2019 Opinion or Order Filing 569 ORDER. With the consent of the parties, the Honorable Barbara S. Jones, United States District Judge (retired), is appointed Special Master in this matter to resolve the parties' disputes concerning documents withheld from production on the basis of privilege or as trial-preparation material, i.e. work product. The Special Master may communicate with the parties or the undersigned on an ex parte basis as she deems appropriate. The Special Master shall file with the Court any Order she may issue. Any objections to the Special Master's Orders shall be filed with the Court within 14 days of the date of the Order and will be reviewed under a "clearly erroneous" standard. The Special Master shall complete her work as soon as is practicable. The Special Master shall be compensated at her customary hourly rate. Each party shall bear that portion of the Special Master's fee that is proportional to the number of challenges on which that party is unsuccessful. For example, if plaintiffs prevail on 30 percent of the challenges they make and are unsuccessful on 70 percent, plaintiffs will bear 70 percent and defendant will bear 30 percent of the Special Master's fee. Similarly, if defendant prevails on 30 percent of the challenges made by plaintiffs and is unsuccessful on 70 percent, defendant will bear 70 percent and plaintiffs will bear 30 percent of the Special Master's fee. Judge Jones' declaration pursuant to 28 U.S.C. 455 is annexed hereto. So ordered. Barbara S. Jones appointed Special Master. (Signed by Magistrate Judge Henry B. Pitman on 4/12/2019). Copies transmitted to: All Counsel, Hon. Barbara S. Jones, United States District Judge (retired). (rjm)
April 11, 2019 Filing 568 REPLY MEMORANDUM OF LAW in Support re: #547 MOTION and Objections to Magistrate Judge's Discovery Order re: #544 Order, Set Hearings,,,, . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Newton, Wendelynne)
April 8, 2019 Filing 567 SEALED DOCUMENT placed in vault.(rz)
April 5, 2019 Minute Entry for proceedings held before Judge Vernon S. Broderick: Status Conference held on 4/5/2019. (msa)
April 5, 2019 Opinion or Order Filing 566 ORDER granting #562 Motion to Seal Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/5/2019) (rro) Transmission to Sealed Records Clerk for processing.
April 5, 2019 Opinion or Order Filing 565 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 Filing 564 DECLARATION of Aldo A. Badini in Opposition re: #547 MOTION and Objections to Magistrate Judge's Discovery Order re: #544 Order, Set Hearings,,,, .. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - August 31, 2018 email, #2 Exhibit B - September 4, 2018 email, #3 Exhibit C - September 14, 2018 email, #4 Exhibit D - October 1, 2018 email, #5 Exhibit E - December 18, 2018 email, #6 Exhibit F - January 2, 2019 email)(Badini, Aldo)
April 4, 2019 Filing 563 MEMORANDUM OF LAW in Opposition re: #547 MOTION and Objections to Magistrate Judge's Discovery Order re: #544 Order, Set Hearings,,,, . . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
April 4, 2019 Filing 562 LETTER MOTION to Seal Document re: limited portions of Plaintiffs' Opposition to Defendant Keurig Green Mountain Inc.'s Motion and Objections to Magistrate Judge Ruling, addressed to Judge Vernon S. Broderick from All Plaintiffs dated April 4, 2019. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
April 4, 2019 Opinion or Order Filing 561 MEMORANDUM OF LAW in Opposition re: #466 MOTION seeking relief from two orders entered by Magistrate Judge Henry B. Pitman during the November 9, 2018 conference (Redacted) . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A - Second Set of Requests for Production to Defendant Keurig Green Mountain, Inc)(Brannon, Leah)
April 4, 2019 Opinion or Order Filing 560 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)
April 4, 2019 Filing 559 SEALED DOCUMENT placed in vault.(rz)
April 2, 2019 Opinion or Order Filing 558 MEMO ENDORSEMENT granting #367 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Danielle Posen Mindlin terminated. (Signed by Judge Vernon S. Broderick on 4/20/2019) (jca)
April 2, 2019 Opinion or Order Filing 557 ORDER granting #474 Letter Motion to Seal Document. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/2/2019) (jca) Transmission to Sealed Records Clerk for processing.
April 2, 2019 Filing 556 LETTER addressed to Magistrate Judge Henry B. Pitman from All Plaintiffs dated April 2, 2019 re: Selection of Special Master. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
April 2, 2019 Opinion or Order Filing 555 ORDER granting #403 Motion for Alexander Lee Simon to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
March 29, 2019 Opinion or Order Filing 554 MEMO ENDORSEMENT on re: #553 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Given the similarities in their biographies, I would be surprised if there is a substantial difference between the rates charged by Judge Jones and Judge Scheindlin. Both had distinguished careers as Assistant United States Attorneys, both were in public service after leaving the Department of Justice (Judge Jones was formerly a member of the executive staff of the District Attorney for New York County, Judge Scheindlin was formerly a Magistrate Judge in the Eastern District of New York,) and both were District Judges for a comparable periods of time. If counsel for Treehouse has not actually inquired about the rates charged by Judge Jones and Judge Scheindlin, he probably should do so if cost is the basis for his objection to Judge Jones. I would prefer to appoint a Special Master on whom the parties agree, and to that end, request that Treehouse reconsider its objection to Judge Jones. If Treehouse is unable to consent to Judge Jones, I shall select a Special Master at random from among the four candidates identified by counsel who have availability. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 3/29/2019) Copies transmitted to: All Counsel(ks)
March 28, 2019 Filing 553 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton and Aldo A. Badini dated March 28, 2019 re: Special Master and 502(d) Order. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
March 27, 2019 Filing 552 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 3/22/2019 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.(vba)
March 27, 2019 Filing 551 TRANSCRIPT of Proceedings re: Discovery Conference held on 3/22/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Ruth Ann Hagar, (518) 581-8973. 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 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019.(vba)
March 25, 2019 Filing 550 MEMORANDUM OF LAW in Support re: #547 MOTION and Objections to Magistrate Judge's Discovery Order re: #544 Order, Set Hearings,,,, . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Newton, Wendelynne)
March 25, 2019 Filing 549 SEALED DOCUMENT placed in vault.(rz)
March 25, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 3/25/2019. (ajc)
March 22, 2019 Opinion or Order Filing 548 ORDER granting #546 Motion to Seal Document. APPLICATION GRANTED. SO ORDERED. Defendant shall file the memorandum on the docket with the proposed redactions, and shall file the unredacted memorandum with the Sealed Records Department, pursuant to my Individual Rule 5.B. Defendant is also directed to provide two courtesy copies of the documents to be reviewed in camera to my chambers, and to submit digital copies by email to BroderickNYSDChambers@nysd.uscourts.gov. (Signed by Judge Vernon S. Broderick on 3/22/2019) (rro) Transmission to Sealed Records Clerk for processing.
March 21, 2019 Filing 547 MOTION and Objections to Magistrate Judge's Discovery Order re: #544 Order, Set Hearings,,,, . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
March 21, 2019 Filing 546 LETTER MOTION to Seal Document addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated March 21, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Newton, Wendelynne)
March 8, 2019 Opinion or Order Filing 545 PRELIMINARY CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c), except in accordance with Your Honor's Order of Reference dated February 21, 2018. (ECF No. 419). This case is to be tried to a jury. Fact Discovery due by 11/21/2019. Depositions of merits witnesses shall be completed no later than the close of fact discovery. Discovery due by 5/1/2020. The length of any trial is yet to be determined. For the sake of efficiency, the parties shall file all documents in this matter on the MDL docket at 1:14-md-02542. The parties need not make duplicate filings at 1:19-CV-0325. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/8/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(rro)
March 7, 2019 Opinion or Order Filing 544 ORDER: Below are my rulings concerning the 50 sample documents submitted by Keurig for in camera review. The index numbers used to refer to the documents are the numbers of the tabs on the two volumes of documents submitted by Keurig. Counsel are directed to confer regarding the resolution of Keurig's assertions of privilege. I shall hold a conference call with counsel on March 22, 2019 at 3:00 p.m. to discuss the issue. Counsel for Keurig is directed to make arrangements for the call and to provide the call-in information to my chambers. (Telephone Conference set for 3/22/2019 at 03:00 PM before Magistrate Judge Henry B. Pitman.) Copies Transmitted By Chambers. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2019) (ne)
March 6, 2019 Filing 543 JOINT LETTER addressed to Judge Vernon S. Broderick from Carl Lawrence Malm dated March 6, 2019 re: Approval of Proposed Preliminary Case Management Plan and Scheduling Order for the McLane Action. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit A)(Malm, Carl)
March 4, 2019 Filing 542 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
February 26, 2019 Opinion or Order Filing 541 ORDER: On February 7, 2019, I scheduled a status conference for February 28, 2019 at 2:30 p.m. Because the Court has determined that it is necessary to adjourn the scheduled conference, it is hereby: ORDERED that the status conference scheduled for February 28, 2019 shall be adjourned until April 5, 2019 at 11:00 a.m. SO ORDERED. (Status Conference set for 4/5/2019 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/26/2019) (rro)
February 22, 2019 Opinion or Order Filing 540 MEMO ENDORSEMENT on re: #538 Notice (Other) filed by Yelda Mesbah Bartlett. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Veronica Wren Glaze terminated. (Signed by Magistrate Judge Henry B. Pitman on 2/21/2019) (ne)
February 22, 2019 Opinion or Order Filing 539 ORDER FOR ADMISSION PRO HAC VICE granting #537 Motion for Carrie G. Amezcua to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/21/2019) (ne)
February 20, 2019 Filing 538 NOTICE of of Withdrawal of Counsel Veronica W. Glaze. Document filed by Yelda Mesbah Bartlett. (Warshaw, Daniel)
February 20, 2019 Filing 537 MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16375237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Affidavit Declaration of Carrie G. Amezcua, #2 Text of Proposed Order Proposed Order)(Amezcua, Carrie)
February 20, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #537 MOTION for Carrie G. Amezcua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16375237. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 15, 2019 Filing 536 NOTICE OF CHANGE OF ADDRESS by Michael Morris Buchman on behalf of Class Plaintiffs. New Address: Motley Rice LLC, 777 3rd Avenue, 27th Floor, New York, New York, USA 10017, (212) 577-0040. (Buchman, Michael)
February 14, 2019 Opinion or Order Filing 535 ORDER FOR ADMISSION PRO HAC VICE granting (522) Motion for James C. Grant to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (10) Motion for James C. Grant to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (ne)
February 14, 2019 Opinion or Order Filing 534 ORDER FOR ADMISSION PRO HAC VICE granting (523) Motion for Brian Parker Miller to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (11) Motion for Brian Parker Miller to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (ne)
February 14, 2019 Opinion or Order Filing 533 ORDER FOR ADMISSION PRO HAC VICE granting (524) Motion for Alexander G. Brown to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (12) Motion for Alexander G. Brown to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (ne)
February 14, 2019 Opinion or Order Filing 532 ORDER FOR ADMISSION PRO HAC VICE granting (525) Motion for Valarie Cecile Williams to Appear Pro Hac Vice in case 1:14-md-02542-VSB-HBP; granting (13) Motion for Valarie Cecile Williams to Appear Pro Hac Vice in case 1:19-cv-00325-VSB. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2019) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB (ne)
February 14, 2019 Opinion or Order Filing 531 ORDER FOR ADMISSION PRO HAC VICE granting #529 Motion for Matthew C. Pilsner to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/14/2019) (ne)
February 13, 2019 Opinion or Order Filing 530 MEMO ENDORSEMENT on re: #527 Letter, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT: THE DISCOVERY CONFERENCE CURRENTLY SCHEDULED FOR 2-15-19 IS ADJOURNED SINE DIE. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/13/2019) (ne)
February 13, 2019 Filing 529 MOTION for Matthew C. Pilsner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16343789. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration of Matthew C. Pilsner, #2 Certificate of Good Standing, #3 Proposed Order)(Pilsner, Matthew)
February 13, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #529 MOTION for Matthew C. Pilsner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16343789. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 12, 2019 Filing 528 NOTICE OF APPEARANCE by Patrick Donovan on behalf of Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Brier Miller Minor, Patricia J. Nelson, Lorie Rehma, Shirley Schroeder, Constance Werthe. (Donovan, Patrick)
February 11, 2019 Filing 527 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from all parties dated February 11, 2019 re: Order dated January 23, 2019, and no new discovery disputes for the Court to resolve at this time. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
February 7, 2019 Opinion or Order Filing 526 ORDER granting (521) Letter Motion for Extension of Time in case 1:14-md-02542-VSB-HBP. The deadline for Defendant to respond to the Complaint is adjourned sine die. The parties shall appear for a status conference on February 28, 2019 at 2:30 p.m. The parties should be prepared to discuss their respective positions concerning how McLane Company, Inc. v. Keurig Green Mountain, Inc., 19-cv-325, should be coordinated/consolidated with In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, 14-md-2542, and any issues coordination/consolidation may present in light of the timing of this case. (Signed by Judge Vernon S. Broderick on 2/7/2019) (rro) Modified on 2/7/2019 (rro).
February 7, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (12 in 1:19-cv-00325-VSB, 524 in 1:14-md-02542-VSB-HBP) MOTION for Alexander G. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16305886. Motion and supporting papers to be reviewed by Clerk's Office staff., (525 in 1:14-md-02542-VSB-HBP, 13 in 1:19-cv-00325-VSB) MOTION for Valarie Cecile Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16306054. 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, 1:19-cv-00325-VSB(wb)
February 7, 2019 Set/Reset Hearings: Status Conference set for 2/28/2019 at 02:30 PM before Judge Vernon S. Broderick. Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(rro)
February 6, 2019 Filing 525 MOTION for Valarie Cecile Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16306054. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declarationof Valarie Cecile Williams, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Williams, Valarie)
February 6, 2019 Filing 524 MOTION for Alexander G. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16305886. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declaration of Alexander G. Brown, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Brown, Alex)
February 6, 2019 Filing 523 MOTION for Brian Parker Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16305757. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declaration of Brian Parker Miller, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Miller, Brian)
February 6, 2019 Filing 522 MOTION for James C. Grant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16305611. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by McLane Company, Inc.. (Attachments: #1 Declaration of James C. Grant, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:19-cv-00325-VSB(Grant, James)
February 6, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (10 in 1:19-cv-00325-VSB, 522 in 1:14-md-02542-VSB-HBP) MOTION for James C. Grant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16305611. 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, 1:19-cv-00325-VSB(jc)
February 6, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (11 in 1:19-cv-00325-VSB, 523 in 1:14-md-02542-VSB-HBP) MOTION for Brian Parker Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16305757. 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, 1:19-cv-00325-VSB(jc)
February 5, 2019 Filing 521 LETTER MOTION for Extension of Time to Respond to McLane Complaint (with attached Stipulation and Proposed Order) addressed to Magistrate Judge Henry B. Pitman from Carl Lawrence Malm dated February 5, 2019. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Stipulation and (Proposed) Order)(Malm, Carl)
February 5, 2019 Opinion or Order Filing 520 ORDER FOR ADMISSION PRO HAC VICE granting #511 Motion for Laura Conley to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/1/2019) (ne)
February 5, 2019 Opinion or Order Filing 519 ORDER FOR ADMISSION PRO HAC VICE granting #512 Motion for Alan B. Freedman to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/1/2019) (ne)
February 5, 2019 Opinion or Order Filing 518 ORDER FOR ADMISSION PRO HAC VICE granting #513 Motion for Everett Coraor to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 2/1/2019) (ne)
February 4, 2019 Opinion or Order Filing 517 ORDER granting #510 Motion for Lisa M. Danzig to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac 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 2/1/2019) (js)
February 4, 2019 Filing 516 NOTICE OF APPEARANCE by Evan Charles Miller on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Miller, Evan)
February 4, 2019 Filing 515 NOTICE OF APPEARANCE by Shanna Ariel Lehrman on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Lehrman, Shanna)
February 1, 2019 Opinion or Order Filing 514 ORDER FOR ADMISSION PRO HAC VICE granting #507 Motion for James Allen Glenn to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 1/30/2019) (rjm)
February 1, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #512 MOTION for Alan B. Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275634. Motion and supporting papers to be reviewed by Clerk's Office staff., #507 MOTION for James Allen Glenn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16260736. Motion and supporting papers to be reviewed by Clerk's Office staff., #510 MOTION for Lisa M. Danzig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275201. Motion and supporting papers to be reviewed by Clerk's Office staff., #511 MOTION for Laura Conley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275477. Motion and supporting papers to be reviewed by Clerk's Office staff., #513 MOTION for Everett Coraor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275712. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 31, 2019 Filing 513 MOTION for Everett Coraor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275712. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Coraor, Everett)
January 31, 2019 Filing 512 MOTION for Alan B. Freedman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275634. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Freedman, Alan)
January 31, 2019 Filing 511 MOTION for Laura Conley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275477. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Conley, Laura)
January 31, 2019 Filing 510 MOTION for Lisa M. Danzig to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16275201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Danzig, Lisa)
January 31, 2019 Filing 509 NOTICE OF APPEARANCE by Joseph Michael Kay on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Kay, Joseph)
January 31, 2019 Filing 508 NOTICE OF APPEARANCE by Jessica M Roll on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Roll, Jessica)
January 29, 2019 Filing 507 MOTION for James Allen Glenn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16260736. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Pro Hac Vice, #2 Affidavit Declaration in Support of Motion for Pro Hac Vice, #3 Supplement Texas Supreme Court Certificate of Good Standing)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-04242-VSB(Johnson, Daniel)
January 25, 2019 Opinion or Order Filing 506 MEMO ENDORSEMENT granting #502 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Charles Thomas Caliendo terminated. (Signed by Judge Vernon S. Broderick on 1/25/2019) (ne)
January 25, 2019 Filing 505 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Robert N. Kaplan, Bruce L. Simon, Fred. T. Isquith dated January 25, 2019. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
January 25, 2019 Filing 504 NOTICE OF APPEARANCE by Peter Stephen Russ on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Russ, Peter)
January 25, 2019 Filing 503 NOTICE OF APPEARANCE by Lauren E Duxstad on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Duxstad, Lauren)
January 24, 2019 Filing 502 MOTION for Charles T. Caliendo to Withdraw as Attorney . Document filed by Class Plaintiffs.(Caliendo, Charles)
January 23, 2019 Opinion or Order Filing 501 ORDER: The parties are directed to meet and confer with respect to each non-party deposition and to exchange good-faith, realistic estimates of the number of hours each expects to need. Defendant is directed to submit documents listed as numbers 10, 20, 30, 40, 50, 60, 70, 80, 90, 100, 110, 120, 130, 140, 150, 160, 170, 180, 190, 200, 210, 220, 230, 240 and 250 on plaintiff's Exhibits 2 and 3 that were attached to the parties' joint letter, dated Jan. 7, 2019 (Docket Item 493) to me for in-camera review. The parties shall report for a follow-up discovery conference on February 15, 2019 at 10:00 a.m. at the United States Courthouse, Courtroom 18-A, 500 Pearl Street, New York, New York. (As further set forth in this order) (Status Conference set for 2/15/2019 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 1/23/2019) Copies Transmitted By Chambers. (ne)
January 16, 2019 Opinion or Order Filing 500 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 16, 2019 ***DELETED DOCUMENT. Deleted document number #501 Memo Endorsement. The document was incorrectly filed in this case. Pursuant to Chambers document should be removed as it a duplicate. (ne)
January 15, 2019 Filing 499 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 15, 2019 Filing 498 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 1/11/2019 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.(aea)
January 15, 2019 Filing 497 TRANSCRIPT of Proceedings re: Discovery Hearing held on 1/11/2019 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 2/5/2019. Redacted Transcript Deadline set for 2/15/2019. Release of Transcript Restriction set for 4/11/2019.(aea) Modified on 1/15/2019 (aea).
January 15, 2019 ***DELETED DOCUMENT. Deleted document number #498 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (aea)
January 11, 2019 Opinion or Order Filing 496 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 495 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 11, 2019 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 1/11/2019. (ajc)
January 9, 2019 Filing 494 LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo Badini dated January 9, 2019 re: List of Challenged "No Attorney" Keurig Privilege Log Entries. Document filed by Treehouse Foods, Inc.. (Attachments: #1 Exhibit Condensed List of "No Attorney" Entries In Keurig Privilege Log)(Miller, Evan)
January 7, 2019 Filing 493 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini, Wendelynne J. Newton, Daniel Johnson Jr., Michael M. Buchman, Robert Kaplan dated January 7, 2019 re: joint discovery submission. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit Proposals for Deposition Protocol, #2 Exhibit Keurig Privilege Log Excerpt (Filed Under Seal), #3 Exhibit Keurig Privilege Log Excerpt (Filed Under Seal), #4 Exhibit Business Wire Article re Van Houtte, #5 Exhibit Emails of 1/4 to 1/6/19 Between K. Lanski & W. Newton, #6 Exhibit Globe & Mail Article re Van Houtte, #7 Exhibit Press Release re Van Houtte, #8 Exhibit Third Parties in Keurig Logs (Filed Under Seal), #9 Exhibit Sample of Third Party Entries in Keurig Logs (Filed Under Seal), #10 Exhibit 12/31/18 Ltr. from W. Newton, #11 Exhibit Keurig Privilege Log (Inadvertent Production) (Filed Under Seal), #12 Exhibit KGM03536659_KGM019 (Filed Under Seal), #13 Exhibit KGM03536661_KGM019 (Filed Under Seal), #14 Exhibit KGM03549844_KGM019 (Filed Under Seal), #15 Exhibit Sample of Entries Without Attorneys in Keurig Logs (Filed Under Seal), #16 Exhibit Emails of 1/2 to 1/3/19 Between K. Lanski & W. Newton, #17 Exhibit Emails of 1/4 to 1/6/19 Between K. Lanski & W. Newton)(Badini, Aldo)
January 4, 2019 Opinion or Order Filing 492 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 491 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)
January 2, 2019 Filing 490 MOTION for Bernard Persky to Withdraw as Attorney . Document filed by Ney Silverman Insurance Associates, L.L.C..(Persky, Bernard)
December 20, 2018 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 12/20/2018. (ajc)
December 19, 2018 Filing 489 NOTICE OF APPEARANCE by Jacob Olawale Onile-Ere on behalf of Judy Hoyer. (Onile-Ere, Jacob)
December 19, 2018 Filing 488 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Diana Hughes Leiden dated December 19, 2018 re: #487 EMERGENCY LETTER MOTION to Compel Plaintiffs to Split Time at Cross-Noticed Non-Party Depositions addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated December 18, 2018. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - TreeHouse's November 16, 2018 Notice of Subpoena to Community Coffee, #2 Exhibit B - TreeHouse's Dec. 7, 2018 Letter to Community Coffee, #3 Exhibit C - December 13, 2018 Cross-Notice of Deposition of Community Coffee Inc.)(Hughes, Diana)
December 18, 2018 Filing 487 EMERGENCY LETTER MOTION to Compel Plaintiffs to Split Time at Cross-Noticed Non-Party Depositions addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated December 18, 2018. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A)(Brannon, Leah)
December 14, 2018 Filing 486 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated December 14, 2018 re: request to re-file in unredacted form the Rule 72(a) Motion and accompanying documents. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
December 14, 2018 Opinion or Order Filing 485 REPLY MEMORANDUM OF LAW in Support re: #466 MOTION seeking relief from two orders entered by Magistrate Judge Henry B. Pitman during the November 9, 2018 conference (Redacted) . . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
December 12, 2018 Opinion or Order Filing 484 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 12, 2018 Opinion or Order Filing 483 MEMO ENDORSEMENT on re: #481 Letter filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT: The deadline for the submission of letter briefs concerning discovery issues that the parties seek to address at the January 11, 2019 conference is reset to January 7, 2019. The failure to raise a discovery issue at that conference will not operate as a waiver of any rights. The deadline for the completion of fact is reset to November 21, 2019; the deadline for the completion of all discovery is reset to May 1, 2020. SO ORDERED. (Discovery due by 5/1/2020. Fact discovery due by 11/21/2019) (Signed by Magistrate Judge Henry B. Pitman on 12/12/2018) Copies Transmitted By Chambers. (ne)
December 11, 2018 Filing 482 PROPOSED STIPULATION AND ORDER. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
December 11, 2018 Filing 481 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated December 11, 2018 re: clarification of two upcoming deadlines. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
December 10, 2018 Filing 480 NOTICE of Withdrawal of Intent to Request Redaction re: #464 Notice of Intent to Request Redaction. Document filed by Keurig Green Mountain, Inc.. (Newton, Wendelynne)
December 10, 2018 Filing 479 NOTICE OF CHANGE OF ADDRESS by Carl Lawrence Malm 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. (Malm, Carl)
December 10, 2018 Filing 478 NOTICE OF CHANGE OF ADDRESS by Elaine H. Ewing 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. (Ewing, Elaine)
December 10, 2018 Filing 477 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 10, 2018 Opinion or Order Filing 476 ORDER granting #465 Motion to Seal Document. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/10/2018) (rro)
December 7, 2018 Filing 475 NOTICE OF CHANGE OF ADDRESS by Leah Brannon 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. (Brannon, Leah)
December 7, 2018 Filing 474 LETTER MOTION to Seal Document addressed to Judge Vernon S. Broderick from Leah Brannon dated December 7, 2018. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
December 6, 2018 Opinion or Order Filing 473 ORDER terminating #444 Letter Motion for Conference ; terminating #456 Letter Motion for Discovery; terminating #457 Letter Motion for Discovery. Treehouse's application for a finding that defendant has waived any attorney-client privilege with respect to the documents indexed in the Ll and L2 privilege logs is denied. Treehouse's application to compel the production of documents related to the Keurig, Inc. v. Sturm Foods, Inc., 10 Civ. 0841, litigation ("Sturm Litigation") is granted in part and denied in part. The deadline for the completion of all fact discovery is extended to May 1, 2020. The parties shall report for a follow-up discovery conference on January 11, 2019 at 10:00 a.m. at the United States Courthouse, Courtroom 18-A, 500 Pearl Street, New York, New York. The parties are directed to submit a joint letter advising the court of any discovery issues they wish to raise at this conference no later than January 6, 2019. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 12/6/2018) Copies Transmitted By Chambers. (ne)
December 6, 2018 Set/Reset Deadlines: (Fact Discovery due by 5/1/2020.). Set/Reset Hearings: (Status Conference set for 1/11/2019 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (ne)
December 4, 2018 Opinion or Order Filing 472 ORDER granting #471 Letter Motion to Continue. The discovery conference currently scheduled for December 7, 2018 is adjourned to January 11, 2019 at 10:00 a.m. Any discovery issues the parties wish to raise at the conference shall be submitted by letter, filed no later than January 6, 2019. Status Conference set for 1/11/2019 at 10:00 AM before Magistrate Judge Henry B. Pitman. (Signed by Magistrate Judge Henry B. Pitman on 12/4/2018) Copies Transmitted By Chambers. (ne)
December 3, 2018 Filing 471 JOINT LETTER MOTION to Continue , on behalf of all parties pursuant to the Order at the November 9, 2018 hearing, and to adjourn December 7th hearing, addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated December 3, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Torpey, Susannah)
November 28, 2018 Filing 470 PROPOSED PROTECTIVE ORDER. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
November 28, 2018 Filing 469 PROPOSED STIPULATION AND ORDER. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
November 23, 2018 Opinion or Order Filing 468 LETTER MOTION for Oral Argument of Motion seeking relief from two orders entered by Magistrate Judge Henry B. Pitman during the November 9, 2018 conference [ECF No. 466], addressed to Judge Vernon S. Broderick from Aldo A. Badini dated November 23, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
November 23, 2018 Opinion or Order Filing 467 MEMORANDUM OF LAW in Support re: #466 MOTION seeking relief from two orders entered by Magistrate Judge Henry B. Pitman during the November 9, 2018 conference (Redacted) . . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - November 9, 2018 Hearing Transcript (Redacted))(Badini, Aldo)
November 23, 2018 Opinion or Order Filing 466 MOTION seeking relief from two orders entered by Magistrate Judge Henry B. Pitman during the November 9, 2018 conference (Redacted) . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
November 23, 2018 Filing 465 LETTER MOTION to Seal Document re: limited portions of TreeHouse's Motion Pursuant to Rule 72(a), addressed to Judge Vernon S. Broderick from Aldo A. Badini dated November 23, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
November 21, 2018 Filing 464 NOTICE of Intent to Request Redaction by Wendelynne J. Newton re #462 Transcript,,.(Newton, Wendelynne)
November 16, 2018 Filing 463 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 11/9/2018 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.(aea)
November 16, 2018 Filing 462 TRANSCRIPT of Proceedings re: Oral Argument held on 11/9/2018 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/7/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/14/2019.(aea)
November 14, 2018 Opinion or Order Filing 461 MEMO ENDORSEMENT on re: #459 MOTION for Erin C. Durba to Withdraw as Attorney for the Direct Purchasers filed by Judy Hoyer. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 11/14/2018) (ne)
November 14, 2018 Opinion or Order Filing 460 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL: granting #459 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Erin C. Durba terminated. (Signed by Judge Vernon S. Broderick on 11/14/2018) (ama)
November 13, 2018 Filing 459 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Erin C. Durba to Withdraw as Attorney for the Direct Purchasers. Document filed by Judy Hoyer. (Attachments: #1 Affidavit Declaration of Erin C. Durba)(Durba, Erin) Modified on 12/20/2018 (ldi).
November 9, 2018 Set/Reset Hearings: Follow Up Conference set for 12/7/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
November 9, 2018 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Oral Argument held on 11/9/2018 re: #458 Letter, filed by Keurig Green Mountain, Inc., #457 LETTER MOTION for Discovery re: several discovery disputes, addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated October 11, 2018. filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc.. (ajc)
November 7, 2018 Filing 458 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated 11/07/2018 re: Response to Plaintiffs' November 2, 2018 Letter. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Newton, Wendelynne)
November 5, 2018 Filing 457 LETTER MOTION for Discovery re: several discovery disputes, addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated October 11, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - May 3, 2018 K. Lanski Email, #2 Exhibit B - May 7, 2018 M. Baird Email, #3 Exhibit C - July 25, 2018 Torpey Ltr., #4 Exhibit D - Screenshot of YouTube Page, #5 Exhibit E - KGM02472667 (filed under seal), #6 Exhibit F - KGM02571516 (filed under seal), #7 Exhibit G - KGM02579997 (filed under seal), #8 Exhibit H - Sept. 28, 2018 Newton Ltr., #9 Exhibit I - Keurig Resps. & Objections to TreeHouse 2nd RFPs, #10 Exhibit J - KGM03241347 (filed under seal), #11 Exhibit K - Oct. 9, 2018 Newton Ltr. re Priv. Logs, #12 Exhibit L - Oct. 11, 2018 S. Lehrman Email and Attachments (attachments filed under seal))(Torpey, Susannah)
November 2, 2018 Filing 456 LETTER MOTION for Discovery (to compel document production), addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated November 2, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - production correspondence, #2 Exhibit B - August 31, 2011 Letter, #3 Exhibit C - Sturm Protective Order)(Badini, Aldo)
November 2, 2018 Filing 455 NOTICE OF APPEARANCE by Deborah A. Elman on behalf of Class Plaintiffs. (Elman, Deborah)
November 2, 2018 Filing 454 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated November 2, 2018 re: November 9 Discovery Conference. Document filed by Keurig Green Mountain, Inc..(Newton, Wendelynne)
October 25, 2018 Opinion or Order Filing 453 ORDER: Oral argument on the discovery disputes raised in the correspondence submitted to me over the last two weeks will be held on November 9, 2018 at 10:00 a.m. I am willing to hear argument telephonically or through other, similar technology if all counsel agree to do so and all counsel agree to appear telephonically. Alternatively, I am willing to decide the disputes on the basis of the correspondence alone if all counsel agree. Counsel are to confer and advise me of their preference by November 2. In the absence of unanimous agreement to the contrary, the conference will be held in person, in Courtroom 18-A at 500 Pearl Street. SO ORDERED. (Oral Argument set for 11/9/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 10/25/2018) Copies transmitted to: All Counsel. (jca)
October 19, 2018 Filing 452 LETTER addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated 10/19/2018 re: Response to Letter ECF No. 451. Document filed by JBR, Inc. (d/b/a Rogers Family Company).Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-04242-VSB(Moore, Mario)
October 17, 2018 Filing 451 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated October 17, 2018 re: Keurig's Response to Plaintiffs' October 11, 2018 Letter Motion. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Newton, Wendelynne)
October 17, 2018 Filing 450 LETTER addressed to Magistrate Judge Henry B. Pitman from Mario Moore dated 10/17/2018 re: Response to Letter ECF No. 448. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit A-F)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-04242-VSB(Moore, Mario)
October 11, 2018 Filing 449 FILING ERROR - DEFICIENT DOCKET ENTRY (SE #457 Letter Motion) - LETTER MOTION for Discovery re: several discovery disputes, addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated October 11, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - May 3, 2018 K. Lanski Email, #2 Exhibit B - May 7, 2018 M. Baird Email, #3 Exhibit C - July 25, 2018 Torpey Ltr., #4 Exhibit D - Screenshot of YouTube Page, #5 Exhibit E - KGM02472667 (filed under seal), #6 Exhibit F - KGM02571516 (filed under seal), #7 Exhibit G - KGM02579997 (filed under seal), #8 Exhibit H - Sept. 28, 2018 Newton Ltr., #9 Exhibit I - Keurig Resps. & Objections to TreeHouse 2nd RFPs, #10 Exhibit J - KGM03241347 (filed under seal), #11 Exhibit K - Oct. 9, 2018 Newton Ltr., #12 Exhibit L - Oct. 11, 2018 S. Lehrman Email and Attachments (attachments filed under seal))(Torpey, Susannah) Modified on 11/7/2018 (db).
October 11, 2018 Filing 448 LETTER addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated October 11, 2018 re: Status Update on Discovery. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
September 28, 2018 Opinion or Order Filing 447 ORDER: BY letter dated May 24, 2018, plaintiffs TreeHouse Foods, Inc., Bay Valley Foods, LLC and Sturm Foods, Inc. (the "Moving Plaintiffs"), seek reconsideration of one aspect of the discovery Order that I issued on May 10, 2018 (Docket Item ("D.I." 434). For the reasons set forth below, the motion for reconsideration is granted in part and denied in part. I had assumed that the lack of correspondence from counsel implied a lack of discovery disputes. The Moving Plaintiffs' letter dated September 21, 2018 (D.I. 444) is to the contrary. No later than October 11, 2018, all parties are to submit letters identifying any discovery disputes that currently exist and are ripe for decision. Counsel are directed to coordinate their submissions to avoid duplication; if two plaintiffs have the same issue with a discovery response from Keurig, I do not need two letters addressing the issue. Omission of an issue from the parties' October 11 submissions will not operate to bar the issue from being raised in the future. After receiving the parties' submissions, I shall then schedule a conference or conferences as needed. (Signed by Magistrate Judge Henry B. Pitman on 9/28/2018) (ne)
September 26, 2018 Opinion or Order Filing 446 ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting #445 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Michael M. Liskow, Esq., is withdrawn as counsel of record for Plaintiffs in the above-captioned action, that his appearance is deemed withdrawn as of the date of this order, and that his e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notice and other documents are to be served on the remaining counsel for Plaintiffs. Attorney Michael Milton Liskow terminated (Signed by Magistrate Judge Henry B. Pitman on 9/26/2018) (ne)
September 25, 2018 Filing 445 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael M. Liskow to Withdraw as Attorney . Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Declaration of Fred Taylor Isquith, Esq., #2 Text of Proposed Order Proposed Order)(Isquith, Frederick) Modified on 10/4/2018 (ldi).
September 21, 2018 Filing 444 LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated September 21, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Attachment: Pending letter motion for reconsideration filed May 24, 2018 (ECF No. 437))(Badini, Aldo)
August 20, 2018 Filing 443 LETTER addressed to Judge Vernon S. Broderick from Robert N. Kaplan dated 08/20/2018 re: The Court's 11/27/2017 Order. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
August 9, 2018 Filing 442 NOTICE OF APPEARANCE by Samantha Lee Southall on behalf of Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated. (Southall, Samantha)
July 12, 2018 Filing 441 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Keurig Dr Pepper Inc., Other Affiliate Mondelez International, Inc. for Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
June 19, 2018 Filing 440 NOTICE OF CHANGE OF ADDRESS by Mae Amelia Stiles on behalf of JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), JBR, Inc.. New Address: Law Office of Mae Stiles, 76 Gothic St., Northampton, MA, United States 01060, 4135617575. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-04242-VSB(Stiles, Mae)
May 30, 2018 Filing 439 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated May 30, 2018 re: [ECF No. 434] Scheduling Standing Discovery Conference. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
May 29, 2018 Filing 438 LETTER addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated May 29, 2018 re: Response to TreeHouse Letter dated May 24, 2018. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A - Excerpt of Transcript of May 9, 2018 hearing)(Newton, Wendelynne)
May 24, 2018 Filing 437 LETTER addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 24, 2018 re: clarification of May 10, 2018 Order as to TreeHouse RFP No. 5. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Excerpts of Transcript of May 9, 2018 hearing)(Torpey, Susannah)
May 17, 2018 Filing 436 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a discovery Conference proceeding held on 5/9/2018 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.(rro)
May 17, 2018 Filing 435 TRANSCRIPT of Proceedings re: Discovery Conference held on 5/9/2018 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 6/7/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/15/2018.(rro)
May 10, 2018 Opinion or Order Filing 434 ORDER: terminating #427 Letter Motion for Discovery; terminating #428 Letter Motion for Local Rule 37.2 Conference. A discovery conference having been held in this matter on May 9, 2018, during which certain discovery and scheduling matters were addressed, for the reasons stated on the record in open court and the additional reasons set forth below, it is hereby ORDERED that: Depositions will be subject to a presumptive limit of 500 hours per side with respect to the depositions of parties and an aggregate presumptive limit of 600 hours with respect to the depositions of non-parties. For the purposes of this paragraph, former employees of any party shall be considered to be parties. The time charge allocable to each deposition will be the greater of five hours or the actual time spent conducting the deposition. This paragraph is without prejudice to the right of any party to increase, decrease or otherwise modify the limits set forth herein for good cause. The Clerk of the Court is respectfully to mark Docket Items 427 and 428 in 14 MD 2452 closed, and as further set forth in this order. (Signed by Magistrate Judge Henry B. Pitman on 5/10/2018) (ap) (Main Document 434 replaced on 5/11/2018) (ap).
May 7, 2018 Filing 433 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Wendelynne J. Newton dated May 7, 2018 re: #428 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 2, 2018. . Document filed by Keurig Green Mountain, Inc.. (Newton, Wendelynne)
May 7, 2018 Filing 432 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated May 7, 2018 re: #427 LETTER MOTION for Discovery Conference on Motion to Compel TreeHouse addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 05/02/2018. . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Feb. 23, 2018 Torpey Letter to KGM, #2 Exhibit B - Feb. 6, 2018 Newton Letter to TreeHouse, #3 Exhibit C - Apr. 30, 2018 Malm Letter to TreeHouse)(Badini, Aldo)
May 4, 2018 Opinion or Order Filing 431 ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting #429 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Sean P. DeBruine is withdrawn as counsel of record for Plaintiff in the above-captioned action, that his appearance is deemed withdrawn as of the date of this order, and that his e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Plaintiff. (Attorney Sean Debruine terminated.) (Signed by Magistrate Judge Henry B. Pitman on 5/4/2018) (ras)
May 3, 2018 Filing 430 DECLARATION of Daniel Johnson Jr. in Support re: #429 MOTION for Sean P. DeBruine to Withdraw as Attorney .. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Johnson, Daniel)
May 3, 2018 Filing 429 MOTION for Sean P. DeBruine to Withdraw as Attorney . Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Text of Proposed Order)(Johnson, Daniel)
May 2, 2018 Filing 428 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Henry B. Pitman from Susannah P. Torpey dated May 2, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - 12/29/2017 Torpey Ltr. to KGM, #2 Exhibit B - KGM's Resps. & Objs. to TreeHouse's First Set of RFPs, #3 Exhibit C - 2/6/2018 Newton Ltr. to TreeHouse, #4 Exhibit D - Complaint in Evans Quality Coffee, Inc. v. Keurig, Inc., #5 Exhibit E - 3/30/2018 Torpey Ltr. to Newton, #6 Exhibit F - 4/25/2018 Torpey Ltr. to Newton, #7 Exhibit G - 4/30/2018 Newton Ltr. to Torpey, #8 Exhibit H - 4/30/2018 Malm Ltr. to Torpey, #9 Exhibit I - 1/25/2018 Torpey Ltr. to KGM, #10 Exhibit J - Slide 47 of Keurig Dr. Pepper Investor Day Presentation, #11 Exhibit K - 2/27 & 3/7/2018 Baird Emails to Lanski, #12 Exhibit L - 1/17/2018 Baird-Torpey Emails, #13 Exhibit M - 3/30/2018 Lanski Ltr. to KGM, #14 Exhibit N - 4/10/2018 Torpey Email to Newton)(Torpey, Susannah)
May 2, 2018 Filing 427 LETTER MOTION for Discovery Conference on Motion to Compel TreeHouse addressed to Magistrate Judge Henry B. Pitman from Leah Brannon dated 05/02/2018. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
April 26, 2018 Opinion or Order Filing 426 ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting (112) Motion to Withdraw as Attorney; granting (423) Motion to Withdraw as Attorney.IT IS HEREBY ORDERED that Marissa C. Nardi is withdrawn as counsel of record for Plaintiffs in the above-captioned action, that her appearance is deemed withdrawn as of the date of this order, and that her e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Plaintiffs. (Attorney Marissa Christina Nardi terminated in case 1:14-cv-00905-VSB; Attorney Marissa Christina Nardi terminated in case 1:14-md-02542-VSB-HBP.) (Signed by Magistrate Judge Henry B. Pitman on 4/26/2018) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB. (ras)
April 26, 2018 Opinion or Order Filing 425 ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting (110) Motion to Withdraw as Attorney; granting (421) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Anna Lamut is withdrawn as counsel of record for Plaintiffs in the above-captioned action, that her appearance is deemed withdrawn as of the date of this order, and that her e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Plaintiffs. (Attorney Anna Lamut terminated in case 1:14-cv-00905-VSB; Attorney Anna Lamut terminated in case 1:14-md-02542-VSB-HBP.) (Signed by Magistrate Judge Henry B. Pitman on 4/26/2018) Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB. (ras)
April 25, 2018 Filing 424 DECLARATION of Aldo A. Badini in Support re: (423 in 1:14-md-02542-VSB-HBP, 112 in 1:14-cv-00905-VSB) MOTION for Marissa C. Nardi to Withdraw as Attorney .. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Badini, Aldo)
April 25, 2018 Filing 423 MOTION for Marissa C. Nardi to Withdraw as Attorney . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Badini, Aldo)
April 25, 2018 Filing 422 DECLARATION of Aldo A. Badini in Support re: (421 in 1:14-md-02542-VSB-HBP, 110 in 1:14-cv-00905-VSB) MOTION for Anna Lamut to Withdraw as Attorney .. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Badini, Aldo)
April 25, 2018 Filing 421 MOTION for Anna Lamut to Withdraw as Attorney . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB-HBP, 1:14-cv-00905-VSB(Badini, Aldo)
March 29, 2018 Set/Reset Hearings: Discovery Hearing set for 5/9/2018 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (ajc)
March 27, 2018 Filing 420 JOINT LETTER addressed to Magistrate Judge Henry B. Pitman from Aldo A. Badini dated March 27, 2018 re: Case Management Plan and Scheduling Order and discovery issues. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Case Management Plan and Scheduling Order, #2 Exhibit B - Joint Status Update)(Badini, Aldo)
February 27, 2018 Filing 418 ANSWER to #416 Counterclaim. Document filed by JBR, Inc..(Moore, Mario)
February 21, 2018 Opinion or Order Filing 419 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)
February 20, 2018 Filing 417 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated February 20, 2018 re: predictive coding protocol. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order re: Joint Technology Assisted Review Protocol)(Badini, Aldo)
February 6, 2018 Filing 416 AMENDED ANSWER to with JURY DEMAND., COUNTERCLAIM against JBR, Inc.. Document filed by Keurig Green Mountain, Inc.. (Brannon, Leah)
January 31, 2018 Filing 415 NOTICE of Withdrawal of Appearance. Document filed by Bradley J. Demuth. (Demuth, Bradley)
January 18, 2018 Opinion or Order Filing 414 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs Ney Silverman Insurance Associates, LLC; Richard Constantino; Cusimano Carstar Collision, Inc.; John R. Cusimano; Jeffrey Rosen; Ken Overton; Matthew Hashem; and Timothy Quackenbush hereby give notice that their claims in the above-captioned actions are voluntarily dismissed, with the parties to bear their own costs and expenses. This notice of voluntary dismissal is made without prejudice to these Plaintiffs' rights as absent class members. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/18/2018) Filed In Associated Cases: 1:14-md-02542-VSB et al.(ama)
January 18, 2018 Filing 413 SEALED DOCUMENT placed in vault.(mps)
January 18, 2018 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney William Reiss Document #406 Notice of Voluntary Dismissal, was referred to Judge Vernon S. Broderick for approval. (tro)
January 17, 2018 Opinion or Order Filing 412 ORDER granting #410 Motion to Seal Document. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 1/17/2018) (cf)
January 17, 2018 Transmission to Sealed Records Clerk. Transmitted re: #412 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
January 16, 2018 Filing 411 STATUS REPORT. Joint Status Update Pursuant to Preliminary Case Management Plan and Scheduling Order (ECF No. 354-1) and November 29, 2017 Order (ECF No. 379). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - TreeHouse's Initial Disclosures (redacted), #2 Exhibit B - 2002 Keurig Presentation, #3 Exhibit C - Dec. 29, 2017 Torpey Letter)(Badini, Aldo)
January 16, 2018 Filing 410 JOINT LETTER MOTION to Seal Document re: limited portions of the Joint Status Update, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated January 16, 2018. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
January 16, 2018 Filing 409 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
January 16, 2018 Filing 408 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
January 16, 2018 Filing 407 ANSWER to Complaint with JURY DEMAND. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
January 12, 2018 Filing 406 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Jeffrey Rosen, Matthew Hashem, Timothy Quackenbush, Ken Overton, Ney Silverman Insurance Associates, L.L.C., Cusimano Carstar Collison Inc., John R Cusimano, Richard Constantino. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Reiss, William) Modified on 1/17/2018 (tro).
January 11, 2018 Opinion or Order Filing 405 ORDER granting #402 Motion for Matthew Abraham Pearson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
January 11, 2018 Opinion or Order Filing 404 ORDER granting #401 Motion for Veronica Wren Glaze to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
January 11, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #403 MOTION for Alexander Lee Simon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14561546. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 10, 2018 Filing 403 MOTION for Alexander Lee Simon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14561546. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett. (Attachments: #1 Affidavit of Alexander L. Simon, #2 Text of Proposed Order)(Simon, Alexander)
January 10, 2018 Filing 402 MOTION for Matthew Abraham Pearson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14559907. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett. (Attachments: #1 Affidavit of Matthew A. Pearson, #2 Text of Proposed Order)(Pearson, Matthew)
January 10, 2018 Filing 401 MOTION for Veronica Wren Glaze to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14559649. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett. (Attachments: #1 Affidavit of Veronica Glaze, #2 Text of Proposed Order)(Glaze, Veronica)
January 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #401 MOTION for Veronica Wren Glaze to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14559649. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #402 MOTION for Matthew Abraham Pearson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14559907. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 9, 2018 Opinion or Order Filing 400 ORDER granting #398 Motion for Sean Paul DeBruine to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
January 9, 2018 Opinion or Order Filing 399 ORDER granting #397 Motion for Robert George Litts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
January 8, 2018 Filing 398 MOTION for Sean Paul DeBruine to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration ISO, #3 Certificate of Good Standing)(Debruine, Sean)
January 8, 2018 Filing 397 MOTION for Robert George Litts to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration ISO, #3 Certificate of Good Standing)(Litts, Robert)
January 8, 2018 Opinion or Order Filing 396 MEMO ENDORSED ORDER in case 1:14-cv-02267-VSB; granting (393) Motion to Withdraw as Attorney. Attorney Amanda Marjorie Steiner terminated in case 1:14-md-02542-VSB. WHEREFORE, plaintiff respectfully requests that the Court enter an order granting its motion to withdraw the appearance of Ms. Steiner as counsel. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/8/2017) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-02267-VSB (rj)
January 8, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #398 MOTION for Sean Paul DeBruine to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #397 MOTION for Robert George Litts to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 5, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #394 MOTION for Robert George Litts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14537356. Motion and supporting papers to be reviewed by Clerk's Office staff., #395 MOTION for Sean P DeBruine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14537453. 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 Supreme Court of California. We do not except certificates from State Bar Associations.;. 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)
January 3, 2018 Filing 395 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sean P DeBruine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14537453. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Declaration of Sean P DeBruine, #3 Text of Proposed Order Proposed Order)(Debruine, Sean) Modified on 1/5/2018 (bcu).
January 3, 2018 Filing 394 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert George Litts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14537356. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc. (d/b/a Rogers Family Company). (Attachments: #1 Affidavit Declaration ISO Motion, Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(Litts, Robert) Modified on 1/5/2018 (bcu).
January 3, 2018 Filing 393 MOTION for Amanda Steiner to Withdraw as Attorney . Document filed by Todd W. Springer.(Steiner, Amanda)
December 19, 2017 Filing 392 NOTICE OF APPEARANCE by Jason Aron Uris on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. (Uris, Jason)
December 19, 2017 Filing 391 NOTICE OF CHANGE OF ADDRESS by David Rochelson on behalf of Kenneth B. Burkley, Roger Davidson, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, Todd W. Springer. New Address: Robins Kaplan LLP, 399 Park Avenue, Suite 3600, New York, NY, United States 10022, 212-980-7400. (Rochelson, David)
December 19, 2017 Filing 390 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Judy Hoyer hereby gives notice that her claims in the above-captioned action are voluntarily dismissed, with the parties to bear their own costs and expenses. This notice of voluntary dismissal is made without prejudice to Ms. Hoyers rights as an absent class member. Judy Hoyer terminated. (Signed by Judge Vernon S. Broderick on 12/19/2017) (ap)
December 19, 2017 Filing 389 NOTICE OF APPEARANCE by David Rochelson on behalf of Kenneth B. Burkley, Roger Davidson, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, Todd W. Springer. (Rochelson, David)
December 19, 2017 Opinion or Order Filing 388 MEMO ENDORSEMENT on re: #383 Letter regarding Production of Unredacted Complaint and Demand for Jury Trial, filed by Sagentia, Inc. ENDORSEMENT: The parties are instructed to meet and confer with non-party Sargentia, Inc. to the extent that they have designated material as confidential or highly confidential that non-party Sargentia, Inc. seeks in order to respond to the subpoena. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/19/2017) (rj)
December 18, 2017 Filing 387 NOTICE OF APPEARANCE by William V. Reiss on behalf of Kenneth B. Burkley, Roger Davidson, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, Todd W. Springer. (Reiss, William)
December 18, 2017 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Michael Buchman Document #386 Notice of Voluntary Dismissal, was referred to Judge Vernon S. Broderick for approval. (tro)
December 15, 2017 Filing 386 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Defendants. Document filed by Judy Hoyer. (Buchman, Michael) Modified on 12/18/2017 (tro).
December 15, 2017 Filing 385 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated December 15, 2017 re: Sagentia Motion to Compel. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
December 14, 2017 Filing 384 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated December 14, 2017 re: Response to Sagentia, Inc.'s December 12, 2017 letter (ECF No. 383) requesting production of unredacted version of Complaint. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
December 13, 2017 Filing 383 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 382 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).
December 5, 2017 Filing 381 LETTER addressed to Judge Vernon S. Broderick from Fred Taylor Isquith dated Dec. 5, 2017 re: Nov. 20, 2017 decision in In re Broiler Chicken Antitrust Litigation. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Nov. 20, 2017 decision in In re Broiler Chicken Antitrust Litigation)(Isquith, Frederick)
December 1, 2017 Filing 380 NOTICE OF APPEARANCE by Michelle C. Zolnoski on behalf of Judy Hoyer. (Zolnoski, Michelle)
November 29, 2017 Opinion or Order Filing 379 ORDER: denying #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)
November 27, 2017 Filing 378 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 11/27/2017 re: Keurig's 11/21/2017 letter. Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Moore, Mario)
November 21, 2017 Filing 377 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated November 21, 2017 re: JBR's Request for Remand and Discovery. Document filed by Keurig Green Mountain, Inc..(Brannon, Leah)
November 17, 2017 Filing 376 LETTER MOTION to Seal Document Declaration of Eaton with Exhibits addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 11/17/2017. Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
November 16, 2017 Filing 375 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Daniel Johnson Jr. dated 11/16/2017. Document filed by JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
November 7, 2017 Filing 374 NOTICE OF APPEARANCE by Hae Sung Nam on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. (Nam, Hae Sung)
October 31, 2017 Filing 373 MEMO ENDORSEMENT: on re: #370 Letter filed by JBR, Inc. (d/b/a Rogers Family Company), JBR, Inc. ENDORSEMENT: APPLICATION GRANTED. The parties are directed to appear for a status conference on November 30, 2017 at 2:30 p.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Counsel shall be prepared to discuss Plaintiffs' April 24, 2017 request to lift the stay of discovery. (Status Conference set for 11/30/2017 at 2:30 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 10/31/2017) (ap)
September 28, 2017 Filing 372 LETTER addressed to Judge Vernon S. Broderick from Fred T. Isquith dated 9/28/2017 re: Motion to dismiss currently under consideration. Document filed by Class Plaintiffs. (Attachments: #1 Supplement order of dismissal)(Isquith, Frederick)
June 21, 2017 Filing 371 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated June 21, 2017 re: ECF No. 370. Document filed by Keurig Green Mountain, Inc..(Cary, George)
June 20, 2017 Filing 370 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 06/20/2017 re: Request for Status Conference. Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company).(Johnson, Daniel)
June 6, 2017 Filing 369 NOTICE OF APPEARANCE by Erin C. Durba on behalf of Judy Hoyer. (Durba, Erin)
June 2, 2017 Filing 368 DECLARATION of Danielle P. Mindlin in Support re: #367 MOTION for Danielle P. Mindlin to Withdraw as Attorney .. Document filed by Keurig Green Mountain, Inc.. (Mindlin, Danielle)
June 2, 2017 Filing 367 MOTION for Danielle P. Mindlin to Withdraw as Attorney . Document filed by Keurig Green Mountain, Inc..(Mindlin, Danielle)
April 28, 2017 Filing 366 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated April 28, 2017 re: Response to Plaintiffs' Request to Commence Document Discovery (ECF No. 364). Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A)(Brannon, Leah)
April 25, 2017 Opinion or Order Filing 365 ORDER with respect to #364 Letter Motion for Discovery. Defendant is instructed to file a response to Plaintiffs' letter on or before April 28, 2017. (Signed by Judge Vernon S. Broderick on 4/25/2017) (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7) (cla)
April 25, 2017 Set/Reset Deadlines: Responses due by 4/28/2017 (cla)
April 24, 2017 Filing 364 LETTER MOTION for Discovery by all Plaintiffs, to lift discovery stay, addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 4/24/2017. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - KARD Agreement, #2 Exhibit B - Picture of 2.0 brewer box, #3 Exhibit C - Picture of 1.0 Classic Series model brewer box, #4 Exhibit D - Current KGM FAQ, #5 Exhibit E - 12/01/2014 email, #6 Exhibit F - 03/15/2011 GMCR Presentation)(Badini, Aldo)
February 10, 2017 Filing 363 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated February 10, 2017 re: Response to Plaintiffs' Notice of Supplemental Authority. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A)(Brannon, Leah)
February 7, 2017 Filing 362 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 2/7/2017 re: notice of supplemental authority, on behalf of all Plaintiffs in further support of Oppositions to Defendant's Motions to Dismiss Plaintiffs' Complaints. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A)(Badini, Aldo)
January 6, 2017 Filing 361 NOTICE OF CHANGE OF ADDRESS by Jayne Arnold Goldstein on behalf of Jeffrey Rosen. New Address: Shepherd, Finkelman, Miller & Shah, LLP, 1625 N. Commerce Parkway, Suite 320, Fort Lauderdale, FL, USA 33326, (954)515-0123. (Goldstein, Jayne)
December 1, 2016 Filing 360 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/4/16 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...(McGuirk, Kelly)
December 1, 2016 Filing 359 TRANSCRIPT of Proceedings re: conference held on 11/4/2016 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Samuel Mauro, (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 12/22/2016. Redacted Transcript Deadline set for 1/1/2017. Release of Transcript Restriction set for 3/1/2017.(McGuirk, Kelly)
November 18, 2016 Filing 358 MEMO ENDORSEMENT on re: #357 Letter re: Date of conference addressing the expert discovery schedule, filed by All Indirect Purchaser Plaintiffs. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 11/18/2016) (cla)
November 17, 2016 Filing 357 LETTER addressed to Judge Vernon S. Broderick from Fred Taylor Isquith dated 11/17/2016 re: Date of conference addressing the expert discovery schedule. Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
November 15, 2016 Filing 356 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/4/16 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...(McGuirk, Kelly)
November 15, 2016 Filing 355 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/4/2016 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Samuel Mauro, (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 12/9/2016. Redacted Transcript Deadline set for 12/19/2016. Release of Transcript Restriction set for 2/16/2017.(McGuirk, Kelly)
November 14, 2016 Filing 354 JOINT LETTER addressed to Judge Vernon S. Broderick from Danielle P. Mindlin dated 11/14/16 re: Joint Proposed Preliminary Case Management Plan and Scheduling Order. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A)(Mindlin, Danielle)
November 9, 2016 Opinion or Order Filing 353 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).
November 4, 2016 Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 11/4/2016. (Court Reporter Sam Mauro) (msa)
November 1, 2016 Filing 352 MEMO ENDORSEMENT on re: #350 Letter re: Plaintiffs' positions on proposed discovery plan, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT: The Court is in receipt of Plaintiffs' letter, dated October 28, 2016, and the attached exhibits (Doc. 350; Doc. 350-1; and Doc. 350-2), as well as Defendant's Letter, dated October 28, 2016, and the attached exhibits (Doc. 351; Doc. 351-1; and Doc. 351-2). The parties shall be made available for a telephone conference on Friday, November 4, 2016 at 11:00 a.m. Counsel for Defendant shall provide the Court with a dial-in number where all parties can be reached by Thursday, November 3, 2016 at 5:00 p.m. (Telephone Conference set for 11/4/2016 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 11/1/2016) (cla)
October 28, 2016 Filing 351 LETTER addressed to Judge Vernon S. Broderick from Danielle P. Mindlin dated 10/28/16 re: Proposed Preliminary Case Management Plan and Scheduling Order. Document filed by Keurig Green Mountain, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mindlin, Danielle)
October 28, 2016 Filing 350 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 10/28/2016 re: Plaintiffs' positions on proposed discovery plan. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Draft Case Management Plan and Scheduling Order (Both Parties' Positions), #2 Exhibit B - Draft Case Management Plan and Scheduling Order (Plaintiffs' Positions))(Badini, Aldo)
October 24, 2016 Opinion or Order Filing 349 MEMO ENDORSEMENT on re: #348 Letter re: parties' status update on proposed discovery plan, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/24/2016) (cla)
October 21, 2016 Filing 348 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 10/21/2016 re: parties' status update on proposed discovery plan. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Current Draft Case Management Plan and Scheduling Order (Subject to Further Negotiation))(Badini, Aldo)
September 29, 2016 Opinion or Order Filing 347 MEMO ENDORSEMENT on re: #346 Letter, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc. ENDORSEMENT: The parties are instructed to file a status update letter or a proposed discovery plan on or before October 21, 2016. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/29/2016) (kl)
September 28, 2016 Filing 346 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 9/28/2016 re: status update following parties' September 13, 2016 Rule 26(f) Conference. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
September 27, 2016 Filing 345 MEMO ENDORSEMENT on re: #343 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Application granted. Initial disclosures under the Federal Rules and the custodian obligations under VI.H.1 of the ESI Protocol, (Doc. 41), are to occur within 14 days following resolution of the motions to dismiss; and (2) the search term obligations under VI.E of the ESI Protocol are to occur within 30 days following resolution of the motions to dismiss. (Signed by Judge Vernon S. Broderick on 9/27/2016) (lmb)
September 20, 2016 Filing 344 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 9/20/2016 re: response to 9/19/2016 letter by Defendant Keurig Green Mountain, Inc. that asked the Court to delay service of Rule 26 initial disclosures and custodian and search term proposals required to be exchanged under parties' Joint Electronic Discovery Submission No. 1 and Order. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
September 19, 2016 Filing 343 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated September 19, 2016 re: Discovery Plan Update. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
September 19, 2016 Filing 342 NOTICE OF APPEARANCE by Anna Lamut on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Lamut, Anna)
September 19, 2016 Filing 341 NOTICE OF APPEARANCE by Ian Lim Papendick on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Papendick, Ian)
September 19, 2016 Filing 340 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #341 Notice) - NOTICE OF APPEARANCE by Ian Lim Papendick on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Papendick, Ian) Modified on 9/20/2016 (db).
September 14, 2016 Filing 339 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #342 Notice) - NOTICE OF APPEARANCE by Anna Lamut on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Lamut, Anna) Modified on 9/20/2016 (db).
September 1, 2016 Filing 338 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 9/1/2016 re: status update re discovery deadlines, pursuant to August 4, 2016 Order (ECF No. 329). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
August 29, 2016 Opinion or Order Filing 337 JOINT STIPULATION REGARDING DISCOVERY SCHEDULE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the following schedule shall apply as further set forth in this Order. IT IS FURTHER STIPULATED AND AGREED that unless otherwise agreed upon by the parties or by further Order of the Court, all discovery produced by or to any party to MDL No. 2542 is deemed produced to all parties to MDL No. 2542 for use in all cases consolidated or coordinated in MDL No 2542; provided, however, that the parties will revisit this issue as necessary if circumstances arise where the discovery requested relates to fewer than all cases consolidated or coordinated in MDL No 2542; FINALLY, IT IS AGREED that this joint stipulation may be executed in counterpart and that facsimile or PDF signatures shall have the same effect as originals. (Signed by Judge Vernon S. Broderick on 8/29/2016) (lmb)
August 29, 2016 Filing 336 MEMO ENDORSEMENT on re: #333 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: The Court will not make a ruling on this dispute at this time. All parties shall meet and confer about the discovery requests, both among Plaintiffs groups and between Plaintiffs and Defendants. If, after service of the requests and subsequent meet and confers, resolution of specific disputes is not possible, the parties shall bring disputes to the Court's attention at that time in accord with the Court's Individual Rules. (Signed by Judge Vernon S. Broderick on 8/29/2016) (lmb)
August 24, 2016 Filing 335 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 8/24/2016 re: response to Defendant Keurig Green Mountain's August 22, 2016 letter (ECF No. 333) requesting consolidated set of requests for production. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
August 22, 2016 Filing 334 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/1/16 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...(McGuirk, Kelly)
August 22, 2016 Filing 333 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated August 22, 2016 re: Consolidation of Plaintiffs' Requests for Production of Documents to Keurig. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
August 22, 2016 Filing 332 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/1/2016 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Steven Greenblum, (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 9/15/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/25/2016.(McGuirk, Kelly)
August 15, 2016 Filing 331 NOTICE OF CHANGE OF ADDRESS by Max Raphael Schwartz on behalf of John R Cusimano, Cusimano Carstar Collison Inc.. New Address: Scott+Scott, Attorneys at Law, LLP, The Helmsley Building, 230 Park Avenue, 17th Floor, New York, New York, U.S.A. 10169, 212-223-6444. (Schwartz, Max)
August 8, 2016 Opinion or Order Filing 330 ORDER granting (328) Motion for Mario Moore 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, 1:14-cv-04242-VSB (Broderick, Vernon)
August 5, 2016 Filing 328 MOTION for Mario Moore to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: #1 Exhibit NY Cert of Good Standing, #2 Exhibit CA Cert of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(Moore, Mario)
August 5, 2016 Filing 327 NOTICE OF APPEARANCE by Carl Lawrence Malm on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Malm, Carl)
August 5, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (96 in 1:14-cv-04242-VSB) MOTION for Mario Moore to Appear Pro Hac Vice CORRECTED. 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, 1:14-cv-04242-VSB(bcu)
August 4, 2016 Opinion or Order Filing 329 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)
August 1, 2016 Minute Entry for proceedings held before Judge Vernon S. Broderick: Pre-Motion Conference held on 8/1/2016. (Court Reporter Steve Greenblum) (msa)
July 22, 2016 Filing 326 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Maple Parent Holdings, Corp., Other Affiliate Mondelez International, Inc. for Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
July 22, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Leah Brannon to RE-FILE Document #323 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
July 21, 2016 Filing 325 NOTICE OF APPEARANCE by Mae Amelia Stiles on behalf of JBR, Inc. (d/b/a Rogers Family Company). (Stiles, Mae)
July 20, 2016 Opinion or Order Filing 324 ORDER granting #321 Letter Motion for Conference. Application granted. All parties shall appear for a pre-motion conference on Monday, August 1, 2016 at 2:00 p.m. Pre-Motion Conference set for 8/1/2016 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/20/2016) (lmb)
July 18, 2016 Filing 323 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Maple Parent Holdings, Corp. for Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah) Modified on 7/22/2016 (ldi).
July 11, 2016 Filing 322 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated July 11, 2016 re: Response to Plaintiffs' July 6, 2016 Letter. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
July 6, 2016 Filing 321 LETTER MOTION for Conference - Request for a Pre-Motion Conference Regarding a Lift of the Stay of Discovery addressed to Judge Vernon S. Broderick from Aldo A. Badini dated July 6, 2016. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
June 17, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #320 MOTION for Mario Moore 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): expired Certificate of Good Standing from New York State Appellate Division; the filing fee was not paid;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sdi)
June 16, 2016 Filing 320 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mario Moore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: #1 Exhibit Cert of Good Standing - NY, #2 Exhibit Cert of Good Standing - CA, #3 Text of Proposed Order)(Moore, Mario) Modified on 6/17/2016 (sdi).
June 3, 2016 Filing 319 NOTICE OF CHANGE OF ADDRESS by Bradley J. Demuth on behalf of Bradley J. Demuth. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, FL 40, New York, NY, United States 10036, (917) 438-9102. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01716-VSB, 1:14-cv-02219-VSB(Demuth, Bradley)
May 10, 2016 Opinion or Order Filing 318 MEMO ENDORSEMENT on re: #317 Notice (Other) filed by All Indirect Purchaser Plaintiffs. ENDORSEMENT: So ordered., Attorney Lauren Ilene Dubick terminated. (Signed by Judge Vernon S. Broderick on 5/10/2016) (lmb)
May 9, 2016 Filing 317 NOTICE of Withdrawal of Counsel. Document filed by All Indirect Purchaser Plaintiffs. (Kaplan, Robert)
April 7, 2016 Opinion or Order Filing 316 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).
April 6, 2016 Filing 315 MOTION for Peter A. Barile III to Withdraw as Attorney . Document filed by Henry A. Rocker, David Rosenthal.(Eisler, Robert)
March 17, 2016 Filing 314 MEMO ENDORSEMENT granting (58) Motion to Withdraw as Attorney. Attorney Robert George Retana terminated in case 1:14-cv-03790-VSB; granting (313) Motion to Withdraw as Attorney. Attorney Robert George Retana terminated in case 1:14-md-02542-VSB. ENDORSEMENT: Application granted. (Signed by Judge Vernon S. Broderick on 3/17/2016) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-03790-VSB (lmb)
March 16, 2016 Filing 313 MOTION for Robert G. Retana to Withdraw as Attorney . Document filed by All Indirect Purchaser Plaintiffs, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Holly Ann Buss, Teena Marie Johnson, Lori Jo Kirkhart, Tracy Elizabeth Moreno, David Wayne Nation, Gregory Rose, Lauren Jill Schneider, Rhett Montgomery Tanselle.Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-03790-VSB(Simon, Bruce)
March 8, 2016 Opinion or Order Filing 312 ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting (97) Motion to Withdraw as Attorney. Attorney Ryan David Fahey terminated in case 1:14-cv-00905-VSB; granting (310) Motion to Withdraw as Attorney. Attorney Ryan David Fahey terminated in case 1:14-md-02542-VSB. IT IS HEREBY ORDERED that Mr. Fahey is withdrawn as counsel of record, that his appearance is deemed withdrawn as of the date of this order, and that his e-mail address be removed from the Court's ECF service list in the above-captioned action. All future pleadings, notices, and other documents are to be served on the remaining counsel for Plaintiffs. (Signed by Judge Vernon S. Broderick on 3/8/2016) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB (lmb)
March 7, 2016 Filing 311 DECLARATION of Aldo A. Badini in Support re: (310 in 1:14-md-02542-VSB, 97 in 1:14-cv-00905-VSB) MOTION for Ryan D. Fahey to Withdraw as Attorney .. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
March 7, 2016 Filing 310 MOTION for Ryan D. Fahey to Withdraw as Attorney . Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
January 22, 2016 Filing 309 JOINT LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 01/22/2016 re: Supplementary Authority Relating to Pending Motions to Dismiss. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
January 15, 2016 Opinion or Order Filing 308 MEMO ENDORSEMENT on re: #307 MOTION for Mark Bryan Goldstein to Withdraw as Attorney filed by Jeffrey Rosen. ENDORSEMENT: SO ORDERED. Attorney Mark Goldstein terminated. (Signed by Judge Vernon S. Broderick on 1/15/2016) (tn)
January 14, 2016 Filing 307 MOTION for Mark Bryan Goldstein to Withdraw as Attorney . Document filed by Jeffrey Rosen.(Goldstein, Mark)
November 30, 2015 Opinion or Order Filing 306 ORDER in case 1:14-cv-02267-VSB; granting (305) Motion for Robert Samuel Kitchenoff 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, 1:14-cv-02267-VSB (Broderick, Vernon)
November 25, 2015 Filing 305 MOTION for Robert Samuel Kitchenoff to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Certificate of Service, #3 Exhibit Certificate of Good Standing-PA, #4 Exhibit Certificate of Good Standing-NJ)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-02267-VSB(Kitchenoff, Robert)
November 16, 2015 Filing 304 MANDATE of USCA (Certified Copy) as to #150 Notice of Interlocutory Appeal, filed by JBR, Inc. USCA Case Number 14-3578-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/16/2015. (nd)
November 13, 2015 Opinion or Order Filing 303 MEMO ENDORSEMENT granting (301) Motion to Substitute Attorney; granting (88) Motion to Substitute Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Rachael Catherine Chan; J. Clayton Everett, Jr; Bernard J. Garbutt, III; Herman Joseph Hoying; Ahren Christian Hsu-Hoffman; Jacob Joseph Orion Minne; Minna Lo Naranjo; Kent M. Roger; Dion Michael Bregman and Michael Francis Carr terminated in case 1:14-cv-04242-VSB. Attorney Rachael Catherine Chan; J. Clayton Everett, Jr; Bernard J. Garbutt, III; Herman Joseph Hoying; Ahren Christian Hsu-Hoffman; Jacob Joseph Orion Minne; Minna Lo Naranjo; Kent M. Roger; Dion Michael Bregman and Michael Francis Carr terminated in case 1:14-md-02542-VSB. (Signed by Judge Vernon S. Broderick on 11/13/2015) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB (kko)
November 13, 2015 Filing 302 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-2, filed on 9/29/2015, is LIFTED and the action is transferred to the United States District Court - Southern District of New York for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable Vernon S. Broderick. (Signed by MDL Panel on 11/10/2015) (sjo)
November 12, 2015 Filing 301 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT MOTION to Substitute Attorney. Old Attorney: Morgan, Lewis & Bockius LLP, New Attorney: Dan Johnson Law Group . Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company), JBR, Inc.. (Attachments: #1 Affidavit Declaration in Support of Application for Consent Order Granting Substitution of Counsel, #2 Proposed Consent Order Granting Substitution of Counsel)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(Everett, J.) Modified on 11/17/2015 (db).
September 16, 2015 Filing 300 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)
July 31, 2015 Filing 299 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated 7/31/2015 re: Response to Notice of Supplemental Authority filed by JBR, Inc.. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
July 30, 2015 Filing 298 NOTICE of Supplemental Authority. Document filed by JBR, Inc.. (Attachments: #1 Exhibit A)(Johnson, Daniel)
July 27, 2015 Filing 297 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 7/9/2015 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...(McGuirk, Kelly)
July 27, 2015 Filing 296 TRANSCRIPT of Proceedings re: ARGUMENT held on 7/9/2015 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Martha Drevis, (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 8/20/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015.(McGuirk, Kelly)
July 24, 2015 Filing 295 NOTICE OF APPEARANCE by Marissa Christina Nardi on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Nardi, Marissa)
July 24, 2015 Filing 294 NOTICE OF APPEARANCE by Kelli Lynn Lanski on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Lanski, Kelli)
July 24, 2015 Filing 293 NOTICE OF APPEARANCE by Ryan David Fahey on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Fahey, Ryan)
July 9, 2015 Minute Entry for proceedings held before Judge Vernon S. Broderick: Oral Argument held on 7/9/2015 re: #229 MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, #226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc.. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, #231 MOTION to Dismiss the Second Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, #223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc.. filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Court Reporter Martha Drevis) (msa)
July 8, 2015 Filing 292 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated July 8, 2015 re: Response to Notices of Supplemental Authority filed by IPPs and TreeHouse. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
July 8, 2015 Opinion or Order Filing 291 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-MD-2542. The date(s) for which such authorization is provided is (are) July 9, 2015 as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 7/8/2015) (lmb)
July 7, 2015 Opinion or Order Filing 290 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-MD-2542. The date(s) for which such authorization is provided is (are) July 9, 2015 as further set forth in this order. (Signed by Judge Vernon S. Broderick on 7/7/2015) (lmb)
July 7, 2015 Filing 289 LETTER addressed to Judge Vernon S. Broderick from Bernard Persky dated July 7, 2015 re: Use of Electronic Devices in the Courthouse. Document filed by Ney Silverman Insurance Associates, L.L.C.. (Attachments: #1 Text of Proposed Order)(Persky, Bernard)
July 6, 2015 Opinion or Order Filing 288 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-md-2542. The date(s) for which such authorization is provided is (are) July 9, 2015 as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 7/6/2015) (lmb)
July 6, 2015 Filing 287 LETTER addressed to Judge Vernon S. Broderick from Robert G. Retana dated 07/06/2015 re: Indirect Purchaser Plaintiffs' Use of Electronic Devices at Motion to Dismiss Hearing. Document filed by All Indirect Purchaser Plaintiffs.(Retana, Robert)
July 6, 2015 Opinion or Order Filing 286 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-MD-2542. The date(s) for which such authorization is provided is (are) July 9, 2015 as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 7/6/2015) (lmb)
July 6, 2015 Opinion or Order Filing 285 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-MD-2542. The date(s) for which such authorization is provided is (are) July 9, 2015 as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 7/6/2015) (lmb)
July 6, 2015 Filing 284 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 7/6/2015 re: Supplemental Authority. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
July 6, 2015 Opinion or Order Filing 283 ORDER granting #279 Motion for John Clayton Everett, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 6, 2015 Filing 282 LETTER addressed to Judge Vernon S. Broderick from Robert N. Kaplan dated July 6, 2015 re: Supplemental Authority. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
July 2, 2015 Filing 281 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated July 2, 2015 re: Keurig's Use of Electronic Devices at Oral Argument. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
July 1, 2015 Filing 280 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated July 1, 2015 re: Request to Bring Certain Electronic Devices Into The Courthouse For July 9, 2015 Hearing. Document filed by JBR, Inc.. (Attachments: #1 Text of Proposed Order)(Johnson, Daniel)
July 1, 2015 Filing 279 MOTION for John Clayton Everett, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11106207. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Everett, J.)
July 1, 2015 Filing 278 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 7/1/2015 re: request to bring electronic devices into the Courthouse for July 9, 2015 hearing. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Badini, Aldo)
July 1, 2015 Filing 277 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated July 1, 2015 re: Notice of Supplemental Authority. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
July 1, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #279 MOTION for John Clayton Everett, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11106207. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 29, 2015 Filing 276 NOTICE of Supplemental Authority. Document filed by JBR, Inc.. (Attachments: #1 Exhibit A)(Johnson, Daniel)
June 24, 2015 Set/Reset Hearings: The Oral Argument scheduled for 7/9/2015 at 10:30 AM will take place in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (msa)
June 18, 2015 Filing 275 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)
June 15, 2015 Opinion or Order Filing 274 ORDER: I am in receipt of letters requesting guidance regarding the oral argument scheduled for July 9, 2015 on Keurig's motions to dismiss. I propose to structure the argument in the manner described below. However, the parties are encouraged to meet and confer and are welcome to propose joint modifications to this schedule or an entirely different structure for the argument. Although there are four separate motions and each amended complaint includes distinct factual allegations, there is substantial overlap among Keurig's motions. In the interest of efficiency, Plaintiffs should confer and divide up the four substantive areas listed below among themselves so that one counsel has primary responsibility for arguing each issue. The parties may prepare several minutes of argumentation on each issue, but a significant portion of each allotment of time will be devoted to questions from the Court. (As further set forth in this Order) (Signed by Judge Vernon S. Broderick on 6/15/2015) (lmb)
June 15, 2015 Opinion or Order Filing 273 MEMO ENDORSEMENT granting #270 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Bradley J. Demuth and Linda P. Nussbaum terminated. (Signed by Judge Vernon S. Broderick on 6/15/2015) (lmb)
June 12, 2015 Filing 272 LETTER addressed to Judge Vernon S. Broderick from Fred T. Isquith dated June 12, 2015 re: Motion to Dismiss. Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
June 12, 2015 Filing 271 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated June 12, 2015 re: Oral Argument for Keurig's Motions to Dismiss. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
June 3, 2015 Filing 270 MOTION for Linda P. Nussbaum and Bradley J. Demuth to Withdraw as Attorney . Document filed by Henry A. Rocker, David Rosenthal.(Demuth, Bradley)
May 22, 2015 Filing 269 NOTICE OF APPEARANCE by Thomas James McKenna on behalf of Jonna Dugan, Lorie Rehma. (McKenna, Thomas)
May 13, 2015 Filing 268 SEALED DOCUMENT placed in vault.(mps)
May 13, 2015 Filing 267 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss the Second Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
May 13, 2015 Filing 266 DECLARATION of Elaine Ewing in Support re: #226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc... Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit 1)(Cary, George)
May 13, 2015 Filing 265 REPLY MEMORANDUM OF LAW in Support re: #226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc.. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
May 13, 2015 Filing 264 REPLY MEMORANDUM OF LAW in Support re: #223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc.. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
May 12, 2015 Opinion or Order Filing 263 ORDER: I am in receipt of a letter dated May 11, 2015, from Keurig Green Mountain, Inc. ("Keurig"), requesting leave to file three reply memoranda in support of its motions to dismiss under seal and to file redacted versions thereof on the public docket. Keurig seeks to redact material designated as confidential or attorneys' eyes only under the protective order governing this litigation, (Doc. 189). In all cases, the redactions are limited to no more than a few sentences. Keurig's request is therefore GRANTED with respect to all proposed redactions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/12/2015) (ama)
May 12, 2015 Opinion or Order Filing 262 MEMO ENDORSEMENT on re: #260 Letter filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Application Granted. Oral argument on Keurig's motions to dismiss shall take place on Thursday, July 9, 2015, at 10:30 am in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY. SO ORDERED., ( Oral Argument set for 7/9/2015 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 5/12/2015) (ama)
May 11, 2015 Filing 261 REPLY MEMORANDUM OF LAW in Support re: #229 MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
May 11, 2015 Filing 260 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated May 11, 2015 re: Request for Oral Argument. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
May 6, 2015 Filing 259 NOTICE OF APPEARANCE by Robert Gerard Eisler on behalf of Class Plaintiffs. (Eisler, Robert)
May 6, 2015 Filing 258 NOTICE OF APPEARANCE by Charles Thomas Caliendo on behalf of Class Plaintiffs. (Caliendo, Charles)
April 14, 2015 Filing 257 SEALED DOCUMENT placed in vault.(rz)
April 14, 2015 Filing 256 SEALED DOCUMENT placed in vault.(mps)
April 14, 2015 Filing 255 MEMORANDUM OF LAW in Opposition re: #231 MOTION to Dismiss the Second Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs. . Document filed by All Indirect Purchaser Plaintiffs. (Burt, Thomas)
April 13, 2015 Filing 254 MEMORANDUM OF LAW in Opposition re: #223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc.. [REDACTED version]. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
April 13, 2015 Filing 253 MEMORANDUM OF LAW in Opposition re: #226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc.. [REDACTED]. Document filed by JBR, Inc.. (Johnson, Daniel)
April 13, 2015 Filing 252 DECLARATION of Bradley J. Demuth in Opposition re: (229 in 1:14-md-02542-VSB) MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs.. Document filed by Kenneth B. Burkley, Judy Hoyer, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
April 13, 2015 Filing 251 MEMORANDUM OF LAW in Opposition re: (229 in 1:14-md-02542-VSB) MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs. . Document filed by Kenneth B. Burkley, Judy Hoyer, Benjamin Krajcir, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, James G. Long, David Rosenthal. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
April 13, 2015 Filing 250 SEALED DOCUMENT placed in vault.(rz)
April 13, 2015 Opinion or Order Filing 249 ORDER: I am in receipt of letters dated April 10, 2015, from JBR, TreeHouse, the Direct Purchaser Plaintiffs, and the Indirect Purchaser Plaintiffs. All Plaintiffs have requested leave to file their memoranda of law in opposition to Keurig's motions to dismiss the amended complaints, and/or supporting exhibits thereto, under seal and to file redacted versions thereof on the public docket. Plaintiffs seek to redact material designated as confidential or attorneys' eyes only under the protective order governing this litigation, (Doc. 189). In all cases, the redactions are limited to no more than several sentences. All of Plaintiffs' requests are therefore GRANTED with respect to all proposed redactions. (Signed by Judge Vernon S. Broderick on 4/13/2015) (lmb)
April 10, 2015 Filing 248 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 4/10/2015 re: request for oral argument as to Defendant's Motion to Dismiss Amended and Supplemental Complaint filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc.. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
April 10, 2015 Filing 247 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Defendant's Motion to Dismiss Amended and Supplemental Complaint filed by Treehouse Foods, Inc., Bay Valley Foods, Inc., and Sturm Foods, Inc. served on Counsel of Record on 4/10/2015. Service was made by Email. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
April 10, 2015 Filing 246 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated April 10, 2015 re: Request for Oral Argument. Document filed by JBR, Inc..(Johnson, Daniel)
April 10, 2015 Filing 245 CERTIFICATE OF SERVICE of Memorandum in Opposition to Defendant's Motion to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc. served on All Parties on April 10, 2015. Document filed by JBR, Inc.. (Johnson, Daniel)
April 10, 2015 Filing 244 CERTIFICATE OF SERVICE. Document filed by All Indirect Purchaser Plaintiffs. (Burt, Thomas)
April 10, 2015 Filing 243 LETTER addressed to Judge Vernon S. Broderick from Thomas H. Burt dated April 10, 2015 re: Request for Oral Argument. Document filed by All Indirect Purchaser Plaintiffs.(Burt, Thomas)
April 10, 2015 Filing 242 CERTIFICATE OF SERVICE. Document filed by Kenneth B. Burkley, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal. Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
April 10, 2015 Filing 241 LETTER addressed to Judge Vernon S. Broderick from Bradley J. Demuth dated 04/10/2015 re: Oral Argument. Document filed by Judy Hoyer, Benjamin Krajcir, James G. Long, Linda Major, Sally Rizzo, Henry A. Rocker, David Rosenthal, Kenneth B. Burkley.Filed In Associated Cases: 1:14-md-02542-VSB et al.(Demuth, Bradley)
April 10, 2015 Opinion or Order Filing 240 ORDER granting #239 Motion for Mackenzie A. Baird to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
April 8, 2015 Filing 239 MOTION for Mackenzie A. Baird to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10792859. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Baird, Mackenzie)
April 8, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #239 MOTION for Mackenzie A. Baird to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10792859. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 11, 2015 Filing 238 SECOND AMENDED COMPLAINT amending #61 Amended Complaint, against Green Mountain Coffee Roasters, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig Incorporated, Keurig, Incorporated with JURY DEMAND.Document filed by All Indirect Purchaser Plaintiffs. Related document: #61 Amended Complaint, filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
February 11, 2015 Filing 237 AMENDED COMPLAINT amending #65 Complaint,,, against Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig, Incorporated with JURY DEMAND.Document filed by James G. Long, Linda Major, Henry A. Rocker, David Rosenthal, Kenneth B. Burkley, Judy Hoyer, Sally Rizzo, Benjamin Krajcir. Related document: #65 Complaint,,, filed by Patricia J. Nelson, Patricia Hall, Richard Constantino, Brier Miller Minor, Matthew Hashem, JBR, Inc., Lori Jo Kirkhart, Henry A. Rocker, Amy Gray, John Lohin, James G. Long, Ken Overton, Michael J. Flanagan, Sally Rizzo, Yelda Mesbah Bartlett, Kenneth B. Burkley, Timothy Quackenbush, William Daly, Lavinia Simona Biasell, David Wayne Nation, John R Cusimano, Judy Hoyer, Holly Ann Buss, Darlene M. Kennedy, Tracy Elizabeth Moreno, Ney Silverman Insurance Associates, L.L.C., Armando Herrera, Cusimano Carstar Collison Inc., Bay Valley Foods, LLC, Mary Hudson, Linda Major, Teena Marie Johnson, Lorie Rehma, Jonna Dugan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nussbaum, Linda)
February 11, 2015 Filing 236 SEALED DOCUMENT placed in vault.(nm)
February 4, 2015 Filing 235 MEMO ENDORSEMENT granting (37) Motion to Withdraw as Attorney. Attorney John Anthony Kehoe terminated in case 1:14-cv-02267-VSB; granting (234) Motion to Withdraw as Attorney. Attorney John Anthony Kehoe terminated in case 1:14-md-02542-VSB. ENDORSEMENT: Application granted. (Signed by Judge Vernon S. Broderick on 2/4/2015) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-02267-VSB (lmb)
February 3, 2015 Filing 234 MOTION for John A. Kehoe to Withdraw as Attorney . Document filed by Todd W. Springer.Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-02267-VSB(Steiner, Amanda)
February 3, 2015 Filing 233 NOTICE OF APPEARANCE by Amanda Marjorie Steiner on behalf of Todd W. Springer. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-02267-VSB(Steiner, Amanda)
February 2, 2015 Filing 232 MEMORANDUM OF LAW in Support re: # 231 MOTION to Dismiss the Second Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
February 2, 2015 Filing 231 MOTION to Dismiss the Second Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
February 2, 2015 Filing 230 MEMORANDUM OF LAW in Support re: # 229 MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
February 2, 2015 Filing 229 MOTION to Dismiss Consolidated Amended Class Action Complaint Filed by Direct Purchaser Plaintiffs . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
February 2, 2015 Filing 228 DECLARATION of Elaine Ewing in Support re: # 226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc. .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1)(Cary, George)
February 2, 2015 Filing 227 MEMORANDUM OF LAW in Support re: # 226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc. . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
February 2, 2015 Filing 226 MOTION to Dismiss First Amended and Supplemental Complaint Filed by JBR, Inc. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
February 2, 2015 Filing 225 DECLARATION of Elaine Ewing in Support re: # 223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc. .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cary, George)
February 2, 2015 Filing 224 MEMORANDUM OF LAW in Support re: # 223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc. . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
February 2, 2015 Filing 223 MOTION to Dismiss Amended and Supplemental Complaint Filed by TreeHouse Foods, Inc., Bay Valley Foods, LLC, and Sturm Foods, Inc. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
January 28, 2015 Filing 222 MEMO ENDORSEMENT on re: # 220 Letter, filed by Patricia J. Nelson, Patricia Hall, Richard Constantino, Brier Miller Minor, Matthew Hashem, JBR, Inc., Lori Jo Kirkhart, Henry A. Rocker, Lauren Jill Schneider, Amy Gray, John Lohin, James G. Long, Shirley Schroeder, Michael J. Flanagan, Ken Overton, Toni Williams, JBR, Inc. (d/b/a Rogers Family Company), All Indirect Purchaser Plaintiffs, Sally Rizzo, Gregory Rose, Yelda Mesbah Bartlett, Constance Werthe, Kenneth B. Burkley, Timothy Quackenbush, William Daly, Lavinia Simona Biasell, David Wayne Nation, Roger Davidson, John R Cusimano, Judy Hoyer, Holly Ann Buss, Darlene M. Kennedy, Tracy Elizabeth Moreno, Todd W. Springer, Armando Herrera, Ney Silverman Insurance Associates, L.L.C., Treehouse Foods, Inc., Cusimano Carstar Collison Inc., Jeffrey Rosen, Bay Valley Foods, LLC, Mary Hudson, Rhett Montgomery Tanselle, David Rosenthal, Linda Major, Sturm Foods, Inc., Teena Marie Johnson, Jonna Dugan, Lorie Rehma. ENDORSEMENT: The proposed non-party document preservation notice is APPROVED. Keurig's request that reciprocal notice be sent to the Competitor Plaintiffs' business partners is GRANTED. However, Keurig shall begin sending notice to the previously agreed-upon recipients immediately and shall not wait for the Competitor Plaintiffs to finalize their list of recipients. To avoid any confusion arising from duplicative notices, the parties may wish to add a sentence to the notice explaining that nonparties doing business with multiple parties to the litigation may receive multiple notices. If the parties choose to add language to this effect, I need not approve the notice again before it is sent. (Signed by Judge Vernon S. Broderick on 1/28/2015) (tn)
January 28, 2015 Filing 221 LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated January 28, 2015 re: Non-party document preservation notice. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit A)(Newton, Wendelynne)
January 26, 2015 Filing 220 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)
January 20, 2015 Opinion or Order Filing 219 MEMO ENDORSEMENT granting MOTION TO WITHDRAW APPEARANCE OF ATTORNEY BONNY E. SWEENEY granting # 218 Motion to Withdraw as Attorney. Attorney Bonny E. Sweeney terminated. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/20/2015) (kl) Modified on 1/21/2015 (kl). Modified on 1/21/2015 (kl).
January 16, 2015 Filing 218 MOTION for Bonny E. Sweeney to Withdraw as Attorney . Document filed by Ken Overton.(Bernay, Alexandra)
December 16, 2014 Opinion or Order Filing 217 ORDER: finding as moot # 162 Motion to Dismiss; finding as moot # 165 Motion to Dismiss; finding as moot # 168 Motion to Dismiss; finding as moot # 171 Motion to Dismiss. application granted. Keurig's prior motions to dismiss are DENIED AS MOOT. The Clerk of Court is respectfully directed to terminate Docs. 162, 165, 168, and 171. (Signed by Judge Vernon S. Broderick on 12/16/2014) (djc)
December 16, 2014 Filing 216 NOTICE OF CHANGE OF ADDRESS by Alyson Louise Oliver on behalf of Toni Williams. New Address: Oliver Law Group PC, 363 W. Big Beaver Road, Suite 200, Troy, MI, USA 48084, 248-327-6556. (Attachments: # 1 Cert. of Service)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04392-VSB(Oliver, Alyson)
December 15, 2014 Filing 215 LETTER addressed to Judge Vernon S. Broderick from Leah Brannon dated 12/15/2014 re: Joint Status Report per the Court's 12/1/2014 Order (ECF No. 213). Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Brannon, Leah)
December 5, 2014 Filing 214 SEALED DOCUMENT placed in vault.(rz)
December 1, 2014 Opinion or Order Filing 213 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 212 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 211 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 210 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 209 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 208 CERTIFICATE OF SERVICE of Amended and Supplemental Complaint served on All Parties on November 25, 2014. Document filed by JBR, Inc.. (Johnson, Daniel)
November 25, 2014 Filing 207 CERTIFICATE OF SERVICE of Amended and Supplemental Complaint served on All Parties on 11/25/2014. Service was made by E-mail. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Badini, Aldo)
November 25, 2014 Filing 206 CERTIFICATE OF SERVICE on November 25, 2014. Document filed by All Indirect Purchaser Plaintiffs. (Burt, Thomas)
November 25, 2014 Filing 205 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)
November 14, 2014 Opinion or Order Filing 204 ORDER: Davidson v. Green Mountain Coffee Roasters, Inc., No. 14-CV-7750 ("the Davidson Action"), was filed on September 24, 2014. (Doc. 2.) It was reassigned to me on November 12, 2014, for consolidated proceedings within this multidistrict litigation. (See Docket Entries of Nov. 12, 2014.) According to the allegations of the Complaint, the Davidson Action is a direct purchaser class action. (See, e.g., Doc. 2, paragraph 179.) Accordingly, liaison counsel for the Direct Purchaser Plaintiffs and counsel for Davidson are hereby ordered to meet and confer regarding the Direct Purchaser Plaintiffs' impending filing of an Amended Complaint and the possible inclusion therein, to the extent appropriate, of any unique or novel factual allegations in Davidson's Complaint. (Signed by Judge Vernon S. Broderick on 11/14/2014) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-07750-VSB(djc)
November 5, 2014 Opinion or Order Filing 203 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)
October 31, 2014 Filing 202 SEALED DOCUMENT placed in vault.(mps)
October 30, 2014 Opinion or Order Filing 201 MEMO ENDORSEMENT on re: # 200 Letter, filed by David Rosenthal, Henry A. Rocker. ENDORSEMENT: On the basis of the letters submitted to the Court, it does not appear that the Indirect Purchaser Plaintiffs or Direct Purchaser Plaintiffs have conferred with Keurig or with the Competitor Plaintiffs regarding their requests. Counsel are instructed to meet and confer to determine whether the parties can reach agreement concerning appropriate notice to potential third-party witnesses and disclosure of document preservation protocols. The parties shall either present a proposed order for the Court's approval or identify any disputes that require a ruling from the Court. So ordered. (Signed by Judge Vernon S. Broderick on 10/30/2014) (djc)
October 30, 2014 Filing 200 LETTER addressed to Judge Vernon S. Broderick from Bradley J. Demuth dated 10/30/2014 re: non-party discovery. Document filed by Henry A. Rocker, David Rosenthal.Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01716-VSB, 1:14-cv-02219-VSB(Demuth, Bradley)
October 29, 2014 Filing 199 NOTICE OF APPEARANCE by Jonathan K. Levine on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. (Levine, Jonathan)
October 29, 2014 Filing 198 LETTER addressed to Judge Vernon S. Broderick from Fred T. Isquith dated October 29, 2014 re: Potential Non-Party Witnesses. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: # 1 Order in Case No. 14-MD-2548 (VEC))(Isquith, Frederick)
October 28, 2014 Opinion or Order Filing 197 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 28, 2014 Filing 196 LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated October 28, 2014 re: Plaintiffs Request to use Improperly Obtained Keurig Documents to Amend. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Newton, Wendelynne)
October 27, 2014 Filing 195 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated October 27, 2014 re: Use of Patent Documents. Document filed by JBR, Inc..(Johnson, Daniel)
October 27, 2014 Filing 194 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated October 27, 2014 re: Plaintiff JBR, Inc's Intent to Amend and Supplement Its Complaint, Pursuant to Court's August 5, 2014 Order. Document filed by JBR, Inc..(Johnson, Daniel)
October 27, 2014 Filing 193 LETTER addressed to Judge Vernon S. Broderick from Robert N. Kaplan dated October 27, 2014 re: notice re intention to file an amended complaint. Document filed by All Indirect Purchaser Plaintiffs.(Kaplan, Robert)
October 27, 2014 Filing 192 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 10/27/2014 re: Treehouse Plaintiffs' intent to amend and supplement its complaint, pursuant to August 5, 2014 Order. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
October 27, 2014 Filing 191 LETTER addressed to Judge Vernon S. Broderick from Bradley J. Demuth dated October 27, 2014 re: amended complaint. Document filed by Henry A. Rocker, David Rosenthal.Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01716-VSB, 1:14-cv-02219-VSB(Demuth, Bradley)
October 24, 2014 Filing 190 LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated October 24,2014 re: Plaintiffs Request to use Improperly Obtained Keurig Documents to Amend. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit A)(Newton, Wendelynne)
October 22, 2014 Filing 188 LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated October 20, 2014 re: Plaintiffs' Request to use Improperly Obtained Keurig Documents to Amend. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Sealed, # 3 Exhibit C)(Newton, Wendelynne)
October 21, 2014 Opinion or Order Filing 187 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 186 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)
October 21, 2014 Filing 185 LETTER addressed to Judge Vernon S. Broderick from Bradley J. Demuth dated 10/21/2014 re: no restrictions on the use of documents previously produced by Defendant Keurig Green Mountain, Inc.. Document filed by Henry A. Rocker, David Rosenthal.Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-01716-VSB, 1:14-cv-02219-VSB(Demuth, Bradley)
October 20, 2014 Filing 184 LETTER addressed to Judge Vernon S. Broderick from Michael Liskow dated October 20, 2014 re: Use of Previously Produced Documents. Document filed by All Indirect Purchaser Plaintiffs.(Liskow, Michael)
October 20, 2014 Filing 183 NOTICE OF CHANGE OF ADDRESS by Diana Lee Hughes on behalf of Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. New Address: Winston & Strawn LLP, 333 S. Grand Avenue, Los Angeles, CA, 90071, 213-615-1700. (Hughes, Diana)
October 17, 2014 Filing 182 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 10/17/2014 re: use of previously produced documents. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: # 1 Exhibit 1 - Letter from A. Badini to G. Cary dated September 24, 2014, # 2 Exhibit 2 - Letter from W. Newton to D. Johnson dated September 25, 2014, # 3 Exhibit 3 - Letter from A. Badini to W. Newton dated October 1, 2014, # 4 Exhibit 4 - Letter from D. Johnson to W. Newton dated October 3, 2014)(Badini, Aldo)
October 17, 2014 Filing 181 NOTICE OF CHANGE OF ADDRESS by Shiho Yamamoto on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. New Address: PRITZKER LEVINE LLP, 180 Grand Avenue, Suite 1390, Oakland, CA, 94612, (415) 692-0772. (Yamamoto, Shiho)
October 17, 2014 Filing 180 NOTICE OF CHANGE OF ADDRESS by Bethany L Caracuzzo on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. New Address: PRITZKER LEVINE LLP, 180 Grand Avenue, Suite 1390, Oakland, CA, 94612, (415) 692-0772. (Caracuzzo, Bethany)
October 17, 2014 Filing 179 NOTICE OF CHANGE OF ADDRESS by Elizabeth Cheryl Pritzker on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. New Address: PRITZKER LEVINE LLP, 180 Grand Avenue, Suite 1390, Oakland, CA, 94612, (415) 692-0772. (Pritzker, Elizabeth)
October 14, 2014 Filing 178 LETTER addressed to Judge Vernon S. Broderick from Thomas H. Burt dated October 14, 2014 re: Redaction of Public Record. Document filed by All Indirect Purchaser Plaintiffs.(Burt, Thomas)
October 13, 2014 Filing 177 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated October 13, 2014 re: Redaction of Public Record. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: # 1 Exhibit 1: Stendahl Coffeemaker Roasts Keurig 2.0 Machine in Antitrust MDL, # 2 Exhibit 2: McAfee Keurig Can Sell 2.0 Brewer During Antitrust MDL, Judge Says, # 3 Exhibit 3: Lipman K-Cup Maker to Appeal Injunction Loss in Keurig MDL, # 4 Exhibit 4: KeyBanc Report, # 5 Exhibit 5: KGM Email)(Badini, Aldo)
October 8, 2014 Filing 176 NOTICE OF CHANGE OF ADDRESS by Meegan F. Hollywood on behalf of Ney Silverman Insurance Associates, L.L.C.. New Address: Robins, Kaplan, Miller & Ciresi, LLP, 601 Lexington Avenue, Suite 3400, New York, NY, United States 10022, (212) 980-7400. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01671-VSB(Hollywood, Meegan)
October 8, 2014 Filing 175 NOTICE OF APPEARANCE by Meegan F. Hollywood on behalf of Ney Silverman Insurance Associates, L.L.C.. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01671-VSB(Hollywood, Meegan)
October 8, 2014 Filing 174 NOTICE OF APPEARANCE by Bradley J. Demuth on behalf of Henry A. Rocker, David Rosenthal, David Rosenthal. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-01716-VSB, 1:14-cv-02219-VSB(Demuth, Bradley)
October 6, 2014 Filing 173 DECLARATION of Elaine Ewing in Support re: # 171 MOTION to Dismiss the Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cary, George)
October 6, 2014 Filing 172 MEMORANDUM OF LAW in Support re: # 171 MOTION to Dismiss the Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
October 6, 2014 Filing 171 MOTION to Dismiss the Consolidated Amended Class Action Complaint Filed by Indirect Purchaser Plaintiffs . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
October 6, 2014 Filing 170 DECLARATION of Elaine Ewing in Support re: # 168 MOTION to Dismiss the Consolidated Class Action Complaint Filed by Direct Purchaser Plaintiffs .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1)(Cary, George)
October 6, 2014 Filing 169 MEMORANDUM OF LAW in Support re: # 168 MOTION to Dismiss the Consolidated Class Action Complaint Filed by Direct Purchaser Plaintiffs . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
October 6, 2014 Filing 168 MOTION to Dismiss the Consolidated Class Action Complaint Filed by Direct Purchaser Plaintiffs . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
October 6, 2014 Filing 167 DECLARATION of Elaine Ewing in Support re: # 165 MOTION to Dismiss the Complaint Filed by JBR, Inc. .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Cary, George)
October 6, 2014 Filing 166 MEMORANDUM OF LAW in Support re: # 165 MOTION to Dismiss the Complaint Filed by JBR, Inc. . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
October 6, 2014 Filing 165 MOTION to Dismiss the Complaint Filed by JBR, Inc. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
October 6, 2014 Filing 164 DECLARATION of Elaine Ewing in Support re: # 162 MOTION to Dismiss Complaint Filed by TreeHouse Foods, Inc., et al. .. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Cary, George)
October 6, 2014 Filing 163 MEMORANDUM OF LAW in Support re: # 162 MOTION to Dismiss Complaint Filed by TreeHouse Foods, Inc., et al. . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Cary, George)
October 6, 2014 Filing 162 MOTION to Dismiss Complaint Filed by TreeHouse Foods, Inc., et al. . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
October 6, 2014 Opinion or Order Filing 161 ORDER granting # 159 Motion for Benjamin Ernest Shiftan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
October 3, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 159 MOTION for Benjamin Ernest Shiftan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10169087. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
October 2, 2014 Filing 159 MOTION for Benjamin Ernest Shiftan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10169087. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Shiftan, Benjamin)
September 30, 2014 Opinion or Order Filing 158 MEMO ENDORSEMENT on re: # 156 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Application granted. TreeHouse shall also be permitted to file a memorandum of law not exceeding 35 pages in opposition to Keurig's motion. Keurig's reply memorandum shall not exceed 13 pages. So ordered. (Signed by Judge Vernon S. Broderick on 9/30/2014) (lmb)
September 29, 2014 Filing 157 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 9/29/2014 re: response to KGM's Sept. 29, 2014 letter re: briefing (DE No. 156). Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
September 29, 2014 Filing 156 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated September 29, 2014 re: Briefing for Keurig's Motions to Dismiss. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
September 26, 2014 Filing 155 MEMO ENDORSEMENT on re: # 151 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Keurig's application to file a consolidated 100-page memorandum of law and a consolidated 40-page reply memorandum in support of its motions to dismiss is denied. Keurig shall file separate memoranda for each motion, consistent with the page limits specified in my Individual Rule 4.B. (Signed by Judge Vernon S. Broderick on 9/26/2014) (kgo)
September 26, 2014 Filing 154 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated September 26, 2014 re: briefing for Keurig's motions to dismiss. Document filed by JBR, Inc..(Johnson, Daniel)
September 26, 2014 Filing 153 LETTER addressed to Judge Vernon S. Broderick from Fred T. Isquith dated September 26, 2014 re: briefing for Keurig's motions to dismiss. Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick)
September 25, 2014 Filing 152 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated September 25, 2014 re: in opposition to Keurigs letter re: Briefing for Keurigs Motions to Dismiss. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Badini, Aldo)
September 25, 2014 Filing 151 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated September 25, 2014 re: Briefing for Keurig's Motions to Dismiss. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
September 25, 2014 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: # 150 Notice of Interlocutory Appeal. (tp)
September 25, 2014 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for # 150 Notice of Interlocutory Appeal, filed by JBR, Inc. were transmitted to the U.S. Court of Appeals. (tp)
September 24, 2014 Filing 150 NOTICE OF INTERLOCUTORY APPEAL from # 145 Order on Motion for Preliminary Injunction,,,,. Document filed by JBR, Inc.. Filing fee $ 505.00, receipt number 0208-10137981. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Johnson, Daniel)
September 23, 2014 Filing 149 CERTIFICATE OF SERVICE of Notice of Intent to Request Redaction on 9/23/2014. Document filed by JBR, Inc.. (Johnson, Daniel)
September 23, 2014 Filing 148 NOTICE of Intent to Request Redaction by Daniel Johnson, Jr re # 143 Transcript,, # 141 Transcript,,.(Johnson, Daniel)
September 23, 2014 Filing 147 CERTIFICATE OF SERVICE of Notice of Intent to Request Redaction on 9/23/2014. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Brannon, Leah)
September 23, 2014 Filing 146 NOTICE of Intent to Request Redaction by Leah Brannon re # 143 Transcript,, # 141 Transcript,,.(Brannon, Leah)
September 19, 2014 Opinion or Order Filing 160 MEMORANDUM & ORDER re: # 84 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) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(lmb) Modified on 10/3/2014 (lmb). Modified on 10/3/2014 (lmb). Modified on 10/3/2014 (lmb). (Main Document 160 replaced on 10/6/2014) (msa).
September 19, 2014 Opinion or Order Filing 145 ORDER denying # 84 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)
September 16, 2014 Filing 144 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 143 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 142 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 141 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 15, 2014 Filing 140 SEALED DOCUMENT placed in vault.(nm)
September 10, 2014 Filing 139 CERTIFICATE OF SERVICE of Reply Brief of Plaintiff JBR, Inc.'s Motion for a Preliminary Injunction and related documents served on All Counsel on September 2, 2014. Service was made by Electronic Mail. Document filed by JBR, Inc.. (Johnson, Daniel)
September 9, 2014 Filing 138 DECLARATION of Gordon Rausser in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit A)(Johnson, Daniel)
September 4, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Evidentiary Hearing held on 9/4/2014. (Court Reporter Bill Richards and Mike McDaniel) (msa)
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)
September 3, 2014 Filing 137 ENDORSED LETTER addressed to Judge Vincent L. Broderick from Daniel Johnson, Jr. dated 9/3/2014 re: Rogers requests the court remove Dkt. 134, Case No. md-02542, from the public docket, and grant Rogers permission to file an updated redacted version (attached as Exhibit B). ENDORSEMENT: The Clerk's Office is respectfully directed to strike docket entry no. 134. (Signed by Judge Vernon S. Broderick on 9/3/2014) (lmb)
September 3, 2014 Filing 136 MEMO ENDORSEMENT on re: # 129 Letter filed by JBR, Inc. ENDORSEMENT: Application granted. (Signed by Judge Vernon S. Broderick on 9/3/2014) (lmb)
September 3, 2014 Filing 135 DECLARATION of Daniel Johnson, Jr. in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Johnson, Daniel)
September 3, 2014 Filing 133 DECLARATION of Sandeep Chatterjee in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Johnson, Daniel)
September 3, 2014 Filing 132 DECLARATION of Larry Stewart in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Johnson, Daniel)
September 3, 2014 ***STRICKEN DOCUMENT. Deleted document number 134 from the case record. The document was stricken from this case pursuant to # 137 Endorsed Letter. (lmb)
September 2, 2014 Filing 131 DECLARATION of Michael Sarina in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Daniel)
September 2, 2014 Filing 130 REPLY MEMORANDUM OF LAW in Support re: # 84 MOTION for Preliminary Injunction . [REDACTED] . Document filed by JBR, Inc.. (Johnson, Daniel)
September 2, 2014 Filing 129 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated September 2, 2014 re: Request to File Under Seal and Exceed Page Limit. Document filed by JBR, Inc..(Johnson, Daniel)
September 2, 2014 Filing 128 MEMO ENDORSEMENT on re: # 123 Letter, filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. ENDORSEMENT: Application granted. (Signed by Judge Vernon S. Broderick on 9/2/2014) (lmb)
August 29, 2014 Filing 127 DECLARATION of Elaine Ewing in Opposition re: # 84 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. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7A, # 8 Exhibit 7B, # 9 Exhibit 7C, # 10 Exhibit 7D, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50, # 54 Exhibit 51, # 55 Exhibit 52, # 56 Exhibit 53, # 57 Exhibit 54, # 58 Exhibit 55, # 59 Exhibit 56A, # 60 Exhibit 56B, # 61 Exhibit 56C, # 62 Exhibit 56D, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71A, # 78 Exhibit 71B, # 79 Exhibit 71C, # 80 Exhibit 71D, # 81 Exhibit 72, # 82 Exhibit 73, # 83 Exhibit 74, # 84 Exhibit 75, # 85 Exhibit 76, # 86 Exhibit 77, # 87 Exhibit 78A, # 88 Exhibit 78B, # 89 Exhibit 79, # 90 Exhibit 80)(Cary, George)
August 29, 2014 Filing 126 DECLARATION of S.P. Kothari, Ph.D. in Opposition re: # 84 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. (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)(Cary, George)
August 29, 2014 Filing 125 DECLARATION of Kevin M. Murphy, Ph.D. in Opposition re: # 84 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. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Cary, George)
August 29, 2014 Filing 124 MEMORANDUM OF LAW in Opposition re: # 84 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. (Cary, George)
August 29, 2014 Filing 123 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated August 29, 2014 re: Keurig's Opposition to JBR's Motion for a Preliminary Injunction. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated.(Cary, George)
August 29, 2014 Filing 122 SEALED DOCUMENT placed in vault.(mps)
August 29, 2014 Opinion or Order Filing 121 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14MD2542. The dates for which such authorization is provided are September 3-5, 2014. (Signed by Judge Vernon S. Broderick on 8/29/2014) (mro)
August 28, 2014 Opinion or Order Filing 120 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542. The dates for which such authorization is provided are September 2-5, 2014. (Signed by Judge Vernon S. Broderick on 8/28/2014) (mro)
August 28, 2014 Opinion or Order Filing 119 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-md-2542. The dates for which such authorization is provided are 9/2/14-9/5/2014. (Signed by Judge Vernon S. Broderick on 8/28/2014) (mro)
August 28, 2014 Filing 118 LETTER addressed to Judge Vernon S. Broderick from Michael Liskow dated August 28, 2014 re: Request to Bring Electronic Devices to Hearing. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: # 1 Exhibit Proposed Order)(Liskow, Michael)
August 27, 2014 Filing 117 LETTER addressed to Judge Vernon S. Broderick from George S. Cary dated 8/27/2014 re: Requesting Permission to Bring Electronic Devices into the Courthouse for Preliminary Injunction Hearing. Document filed by Keurig Green Mountain, Inc.. (Attachments: # 1 Text of Proposed Order)(Cary, George)
August 27, 2014 Filing 116 LETTER addressed to Judge Vernon S. Broderick from Aldo A. Badini dated 8/27/2014 re: request to bring electronic devices into the Courthouse for preliminary injunction hearing. Document filed by Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: # 1 Text of Proposed Order)(Badini, Aldo)
August 27, 2014 Filing 115 NOTICE OF APPEARANCE by Michael Milton Liskow on behalf of Jonna Dugan, Amy Gray, Patricia Hall, Armando Herrera, Mary Hudson, Brier Miller Minor, Patricia J. Nelson, Lorie Rehma, Shirley Schroeder, Constance Werthe. (Liskow, Michael)
August 27, 2014 Opinion or Order Filing 114 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, No. 14-MD-2542. The date(s) for which such authorization is provided is (are) September 2-5, 2014. (Signed by Judge Vernon S. Broderick on 8/27/2014) (mro)
August 26, 2014 Filing 113 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated August 26, 2014 re: Requesting Permission to Bring Electronic Devices into the Courthouse. Document filed by JBR, Inc.. (Attachments: # 1 Text of Proposed Order)(Johnson, Daniel)
August 26, 2014 Opinion or Order Filing 112 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 26, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Daniel Johnson to RE-FILE Document # 111 MOTION to Authorize Bringing Certain Electronic Devices into the Courthouse on September 3-5, 2014 . Use the event type Letter found under the event list Other Documents. (db)
August 25, 2014 Filing 111 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Authorize Bringing Certain Electronic Devices into the Courthouse on September 3-5, 2014 . Document filed by JBR, Inc. (Johnson, Daniel) Modified on 8/26/2014 (db).
August 22, 2014 Filing 110 MOTION for Herman J. Hoying to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing - CA, # 2 Exhibit Certificate of Good Standing - NY, # 3 Text of Proposed Order)(Hoying, Herman)
August 22, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 110 MOTION for Herman J. Hoying to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
August 22, 2014 Pro Hac Vice Fee Paid electronically via Pay.gov: for # 110 MOTION for Herman J. Hoying to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . Filing fee $ 200.00. Pay.gov receipt number 0208-10025180, paid on 8/21/2014. (wb)
August 20, 2014 Filing 109 SEALED DOCUMENT placed in vault.(mps)
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 18, 2014 Filing 108 REDACTION to # 104 Endorsed Letter, Letter Filed Under Seal re Discovery Dispute by JBR, Inc. (Attachments: # 1 Exhibit 1 - Redacted in Total, # 2 Exhibit 2 - Redacted in Total, # 3 Exhibit 3 - Redacted in Total, # 4 Exhibit 4, # 5 Exhibit 5 - Redacted in Total, # 6 Exhibit 6 - Redacted in Part, # 7 Exhibit 7 - Redacted in Part, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13 - Redacted in Total)(Johnson, Daniel)
August 18, 2014 Filing 107 LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated August 18, 2014 re: Opposition to Plaintiff JBRs Letter dated August 15, 2014. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit A - Sealed, # 2 Exhibit B - Sealed, # 3 Exhibit C - Sealed, # 4 Exhibit D, # 5 Exhibit E)(Newton, Wendelynne)
August 18, 2014 Opinion or Order Filing 106 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) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(mro) Modified on 8/18/2014 (mro).
August 18, 2014 Opinion or Order Filing 105 ENDORSED LETTER addressed to Judge Vernon S. Broderick from Wendelynne J. Newton dated 8/18/14 re: Counsel requests leave to file the highlighted portions of the attached letter from Wendelynne J. Newton and accompanying exhibits (the "Letter") under seal. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/18/2014) (mro)
August 18, 2014 Opinion or Order Filing 104 ENDORSED LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 8/16/14 re: Counsel requests permission to file the within referenced documents under seal. ENDORSEMENT: SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/18/2014) (mro)
August 16, 2014 Filing 103 CERTIFICATE OF SERVICE of Letter re Discovery Dispute and supporting exhibits; request to file under seal served on All Counsel on August 16, 2014. Service was made by Electronic Mail. Document filed by JBR, Inc.. (Minne, Jacob)
August 14, 2014 Filing 102 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated 08/12/2014 re: Discovery. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit 1 - Sealed, # 2 Exhibit 2 - Sealed, # 3 Exhibit 3 - Sealed, # 4 Exhibit 4 - Sealed, # 5 Exhibit 5 - Sealed, # 6 Exhibit 6 - Sealed, # 7 Exhibit 7 - Sealed, # 8 Exhibit 8 - Sealed, # 9 Exhibit 9 - Sealed, # 10 Exhibit 10 - Sealed, # 11 Exhibit 11 - Sealed, # 12 Exhibit 12 - Sealed, # 13 Exhibit 13 - Sealed, # 14 Exhibit 14 - Sealed, # 15 Exhibit 15 - Sealed, # 16 Exhibit 16 - Sealed, # 17 Exhibit 17 - Sealed, # 18 Exhibit 18 - Sealed, # 19 Exhibit 19 - Sealed, # 20 Exhibit 20 - Sealed, # 21 Exhibit 21 - Sealed, # 22 Exhibit 22 - Sealed, # 23 Exhibit 23 - Sealed, # 24 Exhibit 24 - Sealed, # 25 Exhibit 25 - Sealed, # 26 Exhibit 26 - Sealed, # 27 Exhibit 27 - Sealed, # 28 Exhibit 28 - Sealed, # 29 Exhibit 29 - Sealed, # 30 Exhibit 30 - Sealed, # 31 Exhibit 31 - Sealed, # 32 Exhibit 32 - Sealed, # 33 Exhibit 33 - Sealed, # 34 Exhibit 34 - Sealed)(Johnson, Daniel)
August 14, 2014 Opinion or Order Filing 101 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) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(mro)
August 13, 2014 Filing 100 CERTIFICATE OF SERVICE of Motion for Preliminary Injunction served on All Counsel on August 11, 2014. Service was made by Electronic Mail. Document filed by JBR, Inc.. (Minne, Jacob)
August 13, 2014 Filing 99 DECLARATION of Daniel Johnson, Jr. in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20 (Part 1 of 4), # 21 Exhibit 20 (Part 2 of 4), # 22 Exhibit 20 (part 3 of 4), # 23 Exhibit 20 (part 4 of 4), # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27)(Johnson, Daniel)
August 13, 2014 Filing 98 DECLARATION of Warren Yamauchi in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Johnson, Daniel)
August 13, 2014 Filing 97 DECLARATION of Larry Stewart in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, 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)(Johnson, Daniel)
August 13, 2014 Filing 96 DECLARATION of Gordon Rausser in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Johnson, Daniel)
August 13, 2014 Filing 95 DECLARATION of Sandeep Chatterjee in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Daniel)
August 13, 2014 Filing 94 DECLARATION of Andrew Gross in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Johnson, Daniel)
August 13, 2014 Filing 93 DECLARATION of Michael Sarina in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Johnson, Daniel)
August 13, 2014 Filing 92 MEMORANDUM OF LAW in Support re: # 84 MOTION for Preliminary Injunction . [REDACTED PURSUANT TO AUGUST 12, 2014 COURT ORDER-DKT. NO. 91] . Document filed by JBR, Inc.. (Johnson, Daniel)
August 12, 2014 Opinion or Order Filing 91 ENDORSED LETTER addressed to Judge Vincent L. Broderick from Daniel Johnson, Jr. dated 8/11/14 re: Counsel request permission to file the documents listed herein under seal. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/12/2014) (mro)
August 12, 2014 Opinion or Order Filing 90 MEMO ENDORSEMENT on re: # 85 Letter, filed by JBR, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/12/2014) (mro)
August 12, 2014 Opinion or Order Filing 89 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 12, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 83 MOTION for Michael F. Carr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9987873. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
August 11, 2014 Filing 88 DECLARATION of Jennifer Fox in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit 1)(Johnson, Daniel)
August 11, 2014 Filing 87 DECLARATION of Kathy Hybsch in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Johnson, Daniel)
August 11, 2014 Filing 86 DECLARATION of Jon Rogers in Support re: # 84 MOTION for Preliminary Injunction .. Document filed by JBR, 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)(Johnson, Daniel)
August 11, 2014 Filing 85 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..(Johnson, Daniel)
August 11, 2014 Filing 84 MOTION for Preliminary Injunction . Document filed by JBR, Inc.. (Attachments: # 1 Text of Proposed Order)(Johnson, Daniel)
August 11, 2014 Filing 83 MOTION for Michael F. Carr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9987873. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing - Wisconsin, # 2 Exhibit Certificate of Good Standing - California, # 3 Text of Proposed Order)(Carr, Michael)
August 11, 2014 Filing 82 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.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(Badini, Aldo)
August 8, 2014 Opinion or Order Filing 81 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) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-04242-VSB(ama)
August 7, 2014 Opinion or Order Filing 80 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 79 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 Filing 78 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). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Johnson, Daniel)
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 Filing 77 LETTER MOTION for Conference re: # 73 Letter, # 76 Memo Endorsement,, 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).(Johnson, Daniel)
August 6, 2014 Opinion or Order Filing 76 MEMO ENDORSEMENT on # 73 Letter, 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) (ft)
August 6, 2014 Opinion or Order Filing 75 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 74 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 6, 2014 Filing 73 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Newton, Wendelynne)
August 6, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 72 MOTION for Ahren C. Hsu-Hoffman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9968213. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
August 5, 2014 Filing 72 MOTION for Ahren C. Hsu-Hoffman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9968213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit California-Certificate of Good Standing, # 2 Exhibit North Carolina-Certificate of Good Standing, # 3 Exhibit Texas-Certificate of Good Standing, # 4 Text of Proposed Order)(Hsu-Hoffman, Ahren)
August 5, 2014 Filing 71 MOTION for Dion M. Bregman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9968046. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit CA-Certificate of Good Standing, # 2 Text of Proposed Order)(Bregman, Dion)
August 5, 2014 Opinion or Order Filing 70 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)
August 5, 2014 Filing 69 MOTION for Jacob J.O. Minne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9967764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit CA-Certificate of Good Standing, # 2 Text of Proposed Order)(Minne, Jacob)
August 5, 2014 Filing 68 NOTICE of of filed Motion for Pro Hac Vice in Case No. 14-cv-4071 (Ramey v. Keurig Green Mountain, Inc.). Document filed by All Indirect Purchaser Plaintiffs. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(Oliver, Alyson)
August 5, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 71 MOTION for Dion M. Bregman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9968046. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
August 5, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 69 MOTION for Jacob J.O. Minne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9967764. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu)
August 4, 2014 Filing 67 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. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Defendant Keurig Green Mountain, Inc's First Set of Requests for the Production of Documents to Plaintiff JBR, Inc.)(Dassin, Lev)
August 4, 2014 Filing 66 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..(Roger, Kent)
July 30, 2014 Set/Reset Hearings: Telephone Conference set for 8/5/2014 at 11:15 AM before Judge Vernon S. Broderick. Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-04242-VSB(mro)
July 30, 2014 Opinion or Order Filing 64 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) Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-04242-VSB(mro)
July 30, 2014 Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 7/30/2014. (msa)
July 29, 2014 Filing 63 MEMO ENDORSEMENT on re: # 62 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) (mro)
July 29, 2014 Set/Reset Hearings: Telephone Conference set for 7/30/2014 at 10:30 AM before Judge Vernon S. Broderick. (mro)
July 28, 2014 Filing 62 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.(Dassin, Lev)
July 24, 2014 Filing 65 DIRECT PURCHASERS PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT against Green Mountain Coffee Roasters, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. Document filed by Holly Ann Buss, James G. Long, Matthew Hashem, Bay Valley Foods, LLC, Darlene M. Kennedy, Lavinia Simona Biasell, Armando Herrera, Henry A. Rocker, Linda Major, Jonna Dugan, Teena Marie Johnson, Timothy Quackenbush, Patricia J. Nelson, JBR, Inc., Ken Overton, Tracy Elizabeth Moreno, Kenneth B. Burkley, Patricia Hall, William Daly, Lori Jo Kirkhart, Michael J. Flanagan, Amy Gray, John Lohin, David Wayne Nation, Ney Silverman Insurance Associates, L.L.C., Cusimano Carstar Collison Inc., Yelda Mesbah Bartlett, Judy Hoyer, William Daly, Sally Rizzo, Lorie Rehma, Brier Miller Minor, John R Cusimano, Richard Constantino, Mary Hudson. (Attachments: # 1 part 2, # 2 part 3)(laq)
July 24, 2014 Filing 61 CONSOLIDATED AMENDED INDIRECT PURCHASER - CLASS ACTION COMPLAINT against Green Mountain Coffee Roasters, Inc., Keurig Green Mountain, Inc., Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated, Keurig, Incorporated with JURY DEMAND.Document filed by All Indirect Purchaser Plaintiffs.(Isquith, Frederick) (laq).
July 24, 2014 Opinion or Order Filing 60 ORDER granting # 56 Motion for Daniel Warshaw to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 24, 2014 Opinion or Order Filing 59 ORDER granting # 55 Motion for Guillermo G. Zorogastua to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 24, 2014 Opinion or Order Filing 58 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 23, 2014 Opinion or Order Filing 57 ORDER NO. 3 (Expedited Discovery) granting in part and denying in part (27) Motion to Expedite in case 1:14-md-02542-VSB, (10 Motion to Expedite in case 1:14-mc-2542-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) Modified on 7/23/2014 (tn).
July 23, 2014 Filing 56 MOTION for Daniel Warshaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918270. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by All Indirect Purchaser Plaintiffs. (Attachments: # 1 Text of Proposed Order Proposed Order)(Warshaw, Daniel)
July 23, 2014 Filing 55 MOTION for Guillermo G. Zorogastua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918271. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett, Lavinia Simona Biasell, Holly Ann Buss, Teena Marie Johnson, Lori Jo Kirkhart, Tracy Elizabeth Moreno, David Wayne Nation, Gregory Rose, Lauren Jill Schneider, Rhett Montgomery Tanselle. (Attachments: # 1 Exhibit Zorogastua MO COGS, # 2 Exhibit Zorogastua KS COGS, # 3 Text of Proposed Order Zorogastua prop order phv)(Zorogastua, Guillermo)
July 23, 2014 Filing 54 MOTION for Daniel D. Owen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918200. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yelda Mesbah Bartlett, Lavinia Simona Biasell, Holly Ann Buss, Teena Marie Johnson, Lori Jo Kirkhart, Tracy Elizabeth Moreno, David Wayne Nation, Gregory Rose, Lauren Jill Schneider, Rhett Montgomery Tanselle. (Attachments: # 1 Exhibit Owen MO COGS, # 2 Exhibit Owen KS COGS, # 3 Text of Proposed Order Owen prop order phv)(Owen, Daniel)
July 23, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 55 MOTION for Guillermo G. Zorogastua to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918271. Motion and supporting papers to be reviewed by Clerk's Office staff. , # 54 MOTION for Daniel D. Owen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918200. Motion and supporting papers to be reviewed by Clerk's Office staff. , # 56 MOTION for Daniel Warshaw to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9918270. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
July 23, 2014 Set/Reset Hearings: Status Conference set for 9/4/2014 at 10:00 AM before Judge Vernon S. Broderick. Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB, 1:14-cv-04242-VSB (tn)
July 10, 2014 Opinion or Order Filing 53 MEMO ENDORSEMENT on re: # 51 Letter, filed by Treehouse Foods, Inc., Bay Valley Foods, LLC, Sturm Foods, Inc., JBR, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/10/2014) (mro)
July 9, 2014 Filing 51 JOINT LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated July 9, 2014 re: Request for Permission to File a Reply to Keurig's Opposition [Dkt. No. 48] to Competitor Plaintiffs' Motion for Expedited Discovery [Dkt. No. 27]. Document filed by Bay Valley Foods, LLC, JBR, Inc., Sturm Foods, Inc., Treehouse Foods, Inc.. (Attachments: # 1 Exhibit Reply in Support of Competitor Plaintiffs' Motion for Expedited Discovery)(Johnson, Daniel)
July 9, 2014 Opinion or Order Filing 50 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 8, 2014 Opinion or Order Filing 49 ORDER granting # 39 Motion for Kent M. Roger to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 7, 2014 Filing 48 MEMORANDUM OF LAW in Opposition re: # 27 JOINT MOTION to Expedite Discovery . . Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Dassin, Lev)
July 2, 2014 Filing 47 NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of Ken Overton. (Coughlin, Patrick)
July 2, 2014 Filing 46 NOTICE OF APPEARANCE by Samuel Howard Rudman on behalf of Ken Overton. (Rudman, Samuel)
July 2, 2014 Filing 45 NOTICE OF APPEARANCE by David Avi Rosenfeld on behalf of Ken Overton. (Rosenfeld, David)
July 2, 2014 Filing 44 NOTICE OF APPEARANCE by Carmen A. Medici on behalf of Ken Overton. (Medici, Carmen)
July 2, 2014 Filing 43 NOTICE OF APPEARANCE by Alexandra S. Bernay on behalf of Ken Overton. (Bernay, Alexandra)
July 2, 2014 Filing 42 NOTICE OF APPEARANCE by Bonny E. Sweeney on behalf of Ken Overton. (Sweeney, Bonny)
July 1, 2014 Opinion or Order Filing 41 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) (Main Document 41 replaced on 7/2/2014) (tn).
July 1, 2014 Filing 40 NOTICE OF APPEARANCE by Thomas James McKenna on behalf of Lorie Rehma. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-00905-VSB(McKenna, Thomas)
June 30, 2014 Filing 39 MOTION for Kent M. Roger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9837857. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Roger, Kent)
June 30, 2014 Filing 38 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 30, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (39 in 1:14-md-02542-VSB) MOTION for Kent M. Roger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9837857. 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, 1:14-cv-04242-VSB(wb)
June 26, 2014 Filing 37 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 - Joint Electronic Discovery Submission No.1)(Badini, Aldo)
June 26, 2014 Opinion or Order Filing 36 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) (tn) Modified on 6/26/2014 (tn).
June 26, 2014 Filing 35 MEMO ENDORSEMENT on re: # 32 Letter, filed by David Rosenthal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 6/26/2014) (tn)
June 26, 2014 Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/19/14 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...(Rodriguez, Somari)
June 26, 2014 Filing 33 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.(Rodriguez, Somari)
June 26, 2014 Filing 32 LETTER addressed to Judge Vernon S. Broderick from Interim Co-Lead Counsel for Direct Purchaser Plaintiffs dated June 26, 2014 re: liaison counsel. Document filed by David Rosenthal. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nussbaum, Linda)
June 26, 2014 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Vernon S. Broderick from Interim Co-Lead Counsel for Direct Purchaser Plaintiffs dated June 26, 2014 re: liaison counsel. Document filed by David Rosenthal. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit)(Nussbaum, Linda) Modified on 7/3/2014 (db).
June 26, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Robert N. Kaplan: Document No. # 29 Letter is not filed via ECF. ONLY certain letter motions are allowed to be filed on ECF. A Motion to Appoint Counsel is filed formally. (ldi)
June 24, 2014 Filing 29 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Appoint Counsel . Document filed by All Indirect Purchaser Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Kaplan, Robert) Modified on 6/26/2014 (ldi).
June 23, 2014 Opinion or Order Filing 30 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) Modified on 6/24/2014 (tn).
June 23, 2014 Filing 28 JOINT MEMORANDUM OF LAW in Support re: # 27 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)(Johnson, Daniel)
June 23, 2014 Filing 27 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)(Johnson, Daniel)
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 Filing 26 NOTICE OF APPEARANCE by Richard Jo Kilsheimer on behalf of William Daly, Michael J. Flanagan, Darlene M. Kennedy, John Lohin. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-03018-VSB(Kilsheimer, Richard)
June 19, 2014 Opinion or Order Filing 25 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 24 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 23 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-04391(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 22 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-04414(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 21 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-04407(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 20 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-04405(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 19 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 Opinion or Order Filing 18 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-04399(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 17 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-04398(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 18, 2014 Opinion or Order Filing 16 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-04392(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 17, 2014 Filing 15 MOTION for Elaine Harris Ewing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9791469. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order)(Ewing, Elaine)
June 17, 2014 Filing 14 NOTICE OF APPEARANCE by Danielle Posen Mindlin on behalf of Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. (Mindlin, Danielle)
June 17, 2014 Filing 13 MOTION for Daniel Johnson, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Johnson, Daniel)
June 17, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. (11 in 1:14-md-02542-VSB) MOTION for Daniel Johnson, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9786848. Motion and supporting papers to be reviewed by Clerk's Office staff. . Certificate of Good Standing Must be issued from Supreme Court of California with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. Filed In Associated Cases: 1:14-md-02542-VSB, 1:14-cv-04242-VSB(wb)
June 17, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 13 MOTION for Daniel Johnson, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb)
June 17, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. # 15 MOTION for Elaine Harris Ewing to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9791469. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi)
June 16, 2014 Filing 12 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated June 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 A, # 2 Exhibit B, # 3 Exhibit C)(Johnson, Daniel)
June 16, 2014 Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Daniel Johnson, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9786848. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company). (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Johnson, Daniel) Modified on 6/17/2014 (wb).
June 16, 2014 Filing 10 NOTICE OF APPEARANCE by Bernard J. Garbutt, III on behalf of JBR, Inc., JBR, Inc. (d/b/a Rogers Family Company). (Garbutt, Bernard)
June 13, 2014 Filing 8 DECLARATION of Robert N. Kaplan in Support re: # 6 MOTION to Appoint Counsel Notice of Motion to Appoint Interim Class Counsel for Indirect Purchaser Classes .. Document filed by William Daly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Kaplan, Robert)
June 13, 2014 Filing 7 MEMORANDUM OF LAW in Support re: # 6 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. (Kaplan, Robert)
June 13, 2014 Filing 6 MOTION to Appoint Counsel Notice of Motion to Appoint Interim Class Counsel for Indirect Purchaser Classes . Document filed by William Daly.(Kaplan, Robert)
June 13, 2014 Filing 5 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 Bay Valley Foods, LLC, Sturm Foods, Inc., Treehouse Foods, Inc..(Webb, Dan)
June 12, 2014 Opinion or Order Filing 4 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-04242(VSB), 1:14-md-02542(VSB). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
June 12, 2014 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) (sjo)
June 10, 2014 Filing 2 LETTER addressed to Judge Vernon S. Broderick from Lev Dassin dated June 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)(Dassin, Lev)
June 6, 2014 Opinion or Order Filing 189 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)
June 6, 2014 Opinion or Order Filing 9 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.) ( Status Conference set for 6/19/2014 at 02:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 6/4/2014) ***Docketed in 14MD2542 pursuant to instructions from Chambers.(mro)
June 5, 2014 Filing 52 LETTER addressed to Judge Vernon S. Broderick from Daniel Johnson, Jr. dated June 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, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) ***Docketed in 14MD2542 pursuant to Order No. 2 (Docket entry 50) in 14MD2542. (This is also Document #47 in case number 14cv905.) (mro)
June 5, 2014 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:14-cv-00905 (VSB), 1:14-cv-01609 (VSB), 1:14-cv-01671 (VSB), 1:14-cv-01716 (VSB), and 1:14-cv-01836 (VSB). (sjo)
June 5, 2014 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) (sjo)
June 5, 2014 Magistrate Judge Henry B. Pitman is so designated. (sjo)
June 5, 2014 Case Designated ECF. (sjo)

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Search for this case: In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
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Plaintiff: Yelda Mesbah Bartlett
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Veronica Wren Glaze
Represented By: Robert Harvey Bunzel
Represented By: Alexander L. Simon
Represented By: Robert George Retana
Represented By: Matthew Abraham Pearson
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Bay Valley Foods, LLC
Represented By: Susannah Providence Torpey
Represented By: Lauren E Duxstad
Represented By: Anna Lamut
Represented By: James Franklin Herbison
Represented By: Diana Lee Hughes
Represented By: Ian Lim Papendick
Represented By: Shanna Ariel Lehrman
Represented By: Dan K. Webb
Represented By: Aldo A Badini
Represented By: Evan Charles Miller
Represented By: Diana Hughes Leiden
Represented By: Maureen Kane Berg
Represented By: Brett Waters
Represented By: Megan Pauline Fitzgerald
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Plaintiff: Lavinia Simona Biasell
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
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Represented By: Maureen Kane Berg
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Plaintiff: Kenneth B. Burkley
Represented By: Linda P. Nussbaum
Represented By: Jennifer Elizabeth Traystman
Represented By: Curtis Victor Trinko
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Maureen Kane Berg
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Plaintiff: Holly Ann Buss
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
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Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Richard Constantino
Represented By: Joseph W. Cotchett
Represented By: Elizabeth Tran
Represented By: Joseph Winters Cotchett
Represented By: Steven N. Williams
Represented By: Maureen Kane Berg
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Plaintiff: John R Cusimano
Represented By: Max R Schwartz
Represented By: Max Raphael Schwartz
Represented By: Heidi M. Silton
Represented By: Richard A. Lockridge
Represented By: Karen Hanson Riebel
Represented By: W. Joseph Bruckner
Represented By: Robert K Shelquist
Represented By: Maureen Kane Berg
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Plaintiff: Cusimano Carstar Collison Inc.
Represented By: Max R Schwartz
Represented By: Max Raphael Schwartz
Represented By: Heidi M. Silton
Represented By: Richard A. Lockridge
Represented By: Karen Hanson Riebel
Represented By: W. Joseph Bruckner
Represented By: Robert K Shelquist
Represented By: Maureen Kane Berg
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Plaintiff: William Daly
Represented By: Richard J. Kilsheimer
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
Represented By: Jason Aron Uris
Represented By: Hae Sung Nam
Represented By: Shiho Yamamoto
Represented By: Gregory Keith Arenson
Represented By: Bethany L Caracuzzo
Represented By: Lauren Ilene Dubick
Represented By: Mario Man-Lung Choi
Represented By: Elizabeth Cheryl Pritzker
Represented By: Maureen Kane Berg
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Plaintiff: Roger Davidson
Represented By: David Rochelson
Represented By: Terry Gross
Represented By: William V. Reiss
Represented By: Adam C. Belsky
Represented By: Monique Alonso
Represented By: Maureen Kane Berg
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Plaintiff: Jonna Dugan
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Thomas James McKenna
Represented By: Patrick Donovan
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Michael J. Flanagan
Represented By: Richard J. Kilsheimer
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
Represented By: Jason Aron Uris
Represented By: Hae Sung Nam
Represented By: Shiho Yamamoto
Represented By: Gregory Keith Arenson
Represented By: Bethany L Caracuzzo
Represented By: Lauren Ilene Dubick
Represented By: Mario Man-Lung Choi
Represented By: Elizabeth Cheryl Pritzker
Represented By: Maureen Kane Berg
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Plaintiff: Amy Gray
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Betsy Carol Manifold
Represented By: Francis M Gregorek
Represented By: Marisa C. Livesay
Represented By: Patrick Donovan
Represented By: Betsy C. Manifold
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Patricia Hall
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Patrick Donovan
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Matthew Hashem
Represented By: Daniel E Gustafson
Represented By: Daniel E. Gustafson
Represented By: Archana Tamoshunas
Represented By: Arthur N. Bailey
Represented By: Miles Greaves
Represented By: Kevin Sylvan Landau
Represented By: Maureen Kane Berg
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Plaintiff: Armando Herrera
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Betsy Carol Manifold
Represented By: Francis M Gregorek
Represented By: Marisa C. Livesay
Represented By: Patrick Donovan
Represented By: Betsy C. Manifold
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Judy Hoyer
Represented By: Linda P. Nussbaum
Represented By: Lewis Titus LeClair
Represented By: Jacob Olawale Onile-Ere
Represented By: John Franklin Garvish, II
Represented By: William H. Narwold
Represented By: Michael Morris Buchman
Represented By: Donald Alan Migliori
Represented By: Michelle C. Zolnoski
Represented By: Lauren Lee Fornarotto
Represented By: Erin C. Durba
Represented By: Michelle Catherine Clerkin
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Plaintiff: Mary Hudson
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Patrick Donovan
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: JBR, Inc.
Represented By: Dion Michael Bregman
Represented By: Bernard J. Garbutt, III
Represented By: Ahren Christian Hsu-Hoffman
Represented By: Jacob Joseph Orion Minne
Represented By: Michael Francis Carr
Represented By: Rachael Catherine Chan
Represented By: Daniel Johnson, Jr
Represented By: Kent M. Roger
Represented By: J. Clayton Everett, Jr
Represented By: Minna Lo Naranjo
Represented By: Mario Moore
Represented By: Herman Joseph Hoying
Represented By: Maureen Kane Berg
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Plaintiff: Teena Marie Johnson
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Darlene M. Kennedy
Represented By: Richard J. Kilsheimer
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
Represented By: Jason Aron Uris
Represented By: Hae Sung Nam
Represented By: Shiho Yamamoto
Represented By: Gregory Keith Arenson
Represented By: Bethany L Caracuzzo
Represented By: Lauren Ilene Dubick
Represented By: Mario Man-Lung Choi
Represented By: Elizabeth Cheryl Pritzker
Represented By: Maureen Kane Berg
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Plaintiff: Lori Jo Kirkhart
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: John Lohin
Represented By: Richard J. Kilsheimer
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
Represented By: Jason Aron Uris
Represented By: Hae Sung Nam
Represented By: Shiho Yamamoto
Represented By: Gregory Keith Arenson
Represented By: Bethany L Caracuzzo
Represented By: Lauren Ilene Dubick
Represented By: Mario Man-Lung Choi
Represented By: Elizabeth Cheryl Pritzker
Represented By: Maureen Kane Berg
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Plaintiff: James G. Long
Represented By: Linda P. Nussbaum
Represented By: Lester L. Levy, Sr
Represented By: Fei-Lu Qian
Represented By: David Rochelson
Represented By: Patricia I. Avery
Represented By: William V. Reiss
Represented By: Maureen Kane Berg
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Plaintiff: Linda Major
Represented By: Linda P. Nussbaum
Represented By: Peter Bradford deLeeuw
Represented By: David Rochelson
Represented By: Jeffrey S. Goddess
Represented By: Jessica Zeldin
Represented By: William V. Reiss
Represented By: Maureen Kane Berg
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Plaintiff: Brier Miller Minor
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Patrick Donovan
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Tracy Elizabeth Moreno
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: David Wayne Nation
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Patricia J. Nelson
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Betsy Carol Manifold
Represented By: Francis M Gregorek
Represented By: Marisa C. Livesay
Represented By: Patrick Donovan
Represented By: Betsy C. Manifold
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Ney Silverman Insurance Associates, L.L.C.
Represented By: Bernard Persky
Represented By: Meegan F. Hollywood
Represented By: Hollis L. Salzman
Represented By: Kellie Lerner
Represented By: K. Craig Wildfang
Represented By: John Domenick Zaremba
Represented By: Thomas J. Undlin
Represented By: Maureen Kane Berg
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Plaintiff: Ken Overton
Represented By: Bonny E. Sweeney
Represented By: Alexandra S. Bernay
Represented By: Bonny E Sweeney
Represented By: Patrick Joseph Coughlin
Represented By: Carmen A. Medici
Represented By: Samuel Howard Rudman
Represented By: David Avi Rosenfeld
Represented By: Maureen Kane Berg
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Plaintiff: Timothy Quackenbush
Represented By: Craig L. Briskin
Represented By: Maureen Kane Berg
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Plaintiff: Lorie Rehma
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Thomas James McKenna
Represented By: Patrick Donovan
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Sally Rizzo
Represented By: Linda P. Nussbaum
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Glen DeValerio
Represented By: Maureen Kane Berg
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Plaintiff: Henry A. Rocker
Represented By: Bradley J. Demuth
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Robert Gerard Eisler
Represented By: Maureen Kane Berg
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Plaintiff: Gregory Rose
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Jeffrey Rosen
Represented By: Adam G. Kurtz
Represented By: Mark Goldstein
Represented By: Jayne Arnold Goldstein
Represented By: Maureen Kane Berg
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Plaintiff: David Rosenthal
Represented By: Bradley J. Demuth
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Robert Gerard Eisler
Represented By: Maureen Kane Berg
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Plaintiff: Lauren Jill Schneider
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Shirley Schroeder
Represented By: Thomas H. Burt
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Betsy Carol Manifold
Represented By: Francis M Gregorek
Represented By: Marisa C. Livesay
Represented By: Patrick Donovan
Represented By: Betsy C. Manifold
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Todd W. Springer
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Amanda Marjorie Steiner
Represented By: John Anthony Kehoe
Represented By: Maureen Kane Berg
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Plaintiff: Sturm Foods, Inc.
Represented By: Susannah Providence Torpey
Represented By: Lauren E Duxstad
Represented By: Anna Lamut
Represented By: James Franklin Herbison
Represented By: Diana Lee Hughes
Represented By: Ian Lim Papendick
Represented By: Shanna Ariel Lehrman
Represented By: Dan K. Webb
Represented By: Aldo A Badini
Represented By: Evan Charles Miller
Represented By: Diana Hughes Leiden
Represented By: Maureen Kane Berg
Represented By: Brett Waters
Represented By: Megan Pauline Fitzgerald
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Plaintiff: Rhett Montgomery Tanselle
Represented By: Daniel D Owen
Represented By: Bruce Lee Simon
Represented By: Guillermo G Zorogastua
Represented By: John Francis McLean
Represented By: Patrick Martin Ryan
Represented By: William I Edlund
Represented By: Robert Harvey Bunzel
Represented By: Robert George Retana
Represented By: Steven Alan Hart
Represented By: Maureen Kane Berg
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Plaintiff: Treehouse Foods, Inc.
Represented By: Susannah Providence Torpey
Represented By: Lauren E Duxstad
Represented By: Anna Lamut
Represented By: James Franklin Herbison
Represented By: Diana Lee Hughes
Represented By: Ian Lim Papendick
Represented By: Shanna Ariel Lehrman
Represented By: Dan K. Webb
Represented By: Aldo A Badini
Represented By: Evan Charles Miller
Represented By: Diana Hughes Leiden
Represented By: Maureen Kane Berg
Represented By: Brett Waters
Represented By: Megan Pauline Fitzgerald
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Plaintiff: Constance Werthe
Represented By: Frederick T. Isquith
Represented By: Michael Milton Liskow
Represented By: Frederick Taylor Isquith, Sr
Represented By: Betsy Carol Manifold
Represented By: Francis M Gregorek
Represented By: Marisa C. Livesay
Represented By: Patrick Donovan
Represented By: Betsy C. Manifold
Represented By: Rachele R Rickert
Represented By: Maureen Kane Berg
Represented By: Fred Taylor Isquith
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Plaintiff: Toni Williams
Represented By: Alyson Louise Oliver
Represented By: Maureen Kane Berg
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Plaintiff: Julie Rainwater
Represented By: Marcus Neil Bozeman
Represented By: Dewitt M. Lovelace
Represented By: Thomas P. Thrash
Represented By: Maureen Kane Berg
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Plaintiff: Benjamin Krajcir
Represented By: Linda P. Nussbaum
Represented By: David Rochelson
Represented By: William V. Reiss
Represented By: Maureen Kane Berg
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Plaintiff: Class Plaintiffs
Represented By: Robert Gerard Eisler
Represented By: Deborah A. Elman
Represented By: Charles Thomas Caliendo
Represented By: Maureen Kane Berg
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Plaintiff: McLane Company, Inc.
Represented By: Brian Parker Miller
Represented By: Alex Brown
Represented By: Steven Lawrence Penaro
Represented By: James C. Grant
Represented By: Valarie C. Williams
Represented By: Amanda Michelle Waide
Represented By: Laura Ann Komarek
Represented By: Maureen Kane Berg
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Plaintiff: JBR, Inc. Doing Business as Rogers Family Company
Represented By: Dion Michael Bregman
Represented By: Bernard J. Garbutt, III
Represented By: Michael Francis Carr
Represented By: Rachael Catherine Chan
Represented By: Daniel Johnson, Jr
Represented By: Kent M. Roger
Represented By: J. Clayton Everett, Jr
Represented By: Ahren Christian Hsu-Hoffman
Represented By: Minna Lo Naranjo
Represented By: Mario Moore
Represented By: Jacob Joseph Orion Minne
Represented By: Herman Joseph Hoying
Represented By: Maureen Kane Berg
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Plaintiff: Michael J. Flanagan on behalf of themselves and all others similarly situated doing business as Law Offices of Michael J. Flanagan
Represented By: Richard J. Kilsheimer
Represented By: Jonathan K. Levine
Represented By: Robert N. Kaplan
Represented By: Jason Aron Uris
Represented By: Hae Sung Nam
Represented By: Shiho Yamamoto
Represented By: Gregory Keith Arenson
Represented By: Bethany L Caracuzzo
Represented By: Lauren Ilene Dubick
Represented By: Mario Man-Lung Choi
Represented By: Elizabeth Cheryl Pritzker
Represented By: Maureen Kane Berg
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Defendant: Green Mountain Coffee Roasters, Inc.
Represented By: Geoffrey Graham Grivner
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Defendant: Keurig Green Mountain, Inc.
Represented By: Danielle Posen Mindlin
Represented By: Lev Louis Dassin
Represented By: Samantha Lee Southall
Represented By: Gregory M. Hopkins
Represented By: Geoffrey Graham Grivner
Represented By: Frank Stewart Headlee
Represented By: Leah Brannon
Represented By: Carl Lawrence Malm
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Defendant: Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig,
Represented By: George Stephen Cary
Represented By: Elaine H. Ewing
Represented By: Danielle Posen Mindlin
Represented By: George S Cary
Represented By: Lev Louis Dassin
Represented By: Wendelynne J. Newton
Represented By: Courtney Jack Linn
Represented By: Landon Y. Jones
Represented By: Leah Brannon
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Defendant: Keurig Incorporated
Represented By: Samantha Lee Southall
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Defendant: Keurig, Incorporated
Represented By: George S Cary
Represented By: Samantha Lee Southall
Represented By: Geoffrey Graham Grivner
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Defendant: Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated
Represented By: Elaine H. Ewing
Represented By: Danielle Posen Mindlin
Represented By: Joseph Michael Kay
Represented By: Matthew Pilsner
Represented By: George S Cary
Represented By: Lev Louis Dassin
Represented By: Jessica M Roll
Represented By: Laura Conley
Represented By: Wendelynne J. Newton
Represented By: Courtney Jack Linn
Represented By: Samantha Lee Southall
Represented By: Peter Stephen Russ
Represented By: Lisa Danzig
Represented By: Landon Y. Jones
Represented By: Carl Lawrence Malm
Represented By: Everett Coraor
Represented By: Leah Brannon
Represented By: Mackenzie A. Baird
Represented By: Alan B Freedman
Represented By: Carrie Amezcua
Represented By: Rahul Mukhi
Represented By: Christopher Fitzpatrick
Represented By: Rachel Lerner
Represented By: Kenneth Stephen Reinker
Represented By: Eun Sun Jang
Represented By: Samuel Gene Fuller
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Interested party: JBR, Inc. (d/b/a Rogers Family Company)
Represented By: Bernard J. Garbutt, III
Represented By: Daniel Johnson, Jr
Represented By: J. Clayton Everett, Jr
Represented By: Mae Amelia Stiles
Represented By: Sean Debruine
Represented By: Robert Litts
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Alternative dispute resolution (adr) provider: All Indirect Purchaser Plaintiffs
Represented By: Bruce Lee Simon
Represented By: Frederick Taylor Isquith, Sr
Represented By: Robert N. Kaplan
Represented By: Robert S. Kitchenoff
Represented By: Daniel L. Warshaw
Represented By: Benjamin E Shiftan
Represented By: Joseph C Bourne
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Petitioner: Sagentia, Inc.
Represented By: Wayne F. Dennison
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Petitioner: Sagentia, Ltd.
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Special master: Hon. Barbara S. Jones
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Not classified by court: Amazon.Com, Inc.
Represented By: Geoffrey Stuart Brounell
Represented By: James E Howard
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