Hart et al v. BHH LLC et al
| Joanne Hart and Amanda Parke |
| BHH LLC and Van Hauser LLC |
| 1:2015cv04804 |
| June 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Other Contract |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
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Filing
316
MEMORANDUM & ORDER granting 301 Motion for Attorney Fees; granting 308 Motion for Settlement. For the foregoing reasons, Plaintiffs' motions are granted. The Proposed Settlement and settlement notice are approved. In addition, Class Coun sel is awarded attorneys' fees in the amount of $3,976,762.50. Moreover, Class Counsel may be reimbursed $700,227.57 in litigation expenses forthwith. DSG may also be reimbursed up to $525,000 for its expenses as it submits bills. Finally, each class representative is awarded $5,000. The Clerk of Court is directed to terminate all pending motions and to mark this case closed. SO ORDERED.. (Signed by Judge William H. Pauley, III on 9/22/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
300
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT AND APPROVING NOTICE PLAN: Joanne Hart and Sandra Bueno ("Plaintiffs") have revised the proposed settlement agreement and renewed their motion for prelimina ry approval. (See ECF No. 296.) This Court, having reviewed the proposed settlement agreement, hereby preliminarily approves the proposed settlement in its entirety subject to the final approval hearing; as further set forth herein. (Signed by Judge William H. Pauley, III on 2/12/2020) (mro)
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Filing
295
OPINION AND ORDER: re: 285 MOTION for Settlement Preliminary Approval of Class Action Settlement filed by Joanne Hart, Sandra Bueno. For the foregoing reasons, Plaintiffs' motion seeking preliminary approval of class-action settlement is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 285. SO ORDERED. (Signed by Judge William H. Pauley, III on 1/17/2020) (ama)
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Filing
266
ORDER granting in part and denying in part 265 Letter Motion for Local Rule 37.2 Conference. In a joint letter dated May 8, 2019, the parties raise three discovery disputes related to forthcoming depositions of Plaintiffs' consultant experts (ECF No. 265). With respect to the scope of the depositions, this Court's April 4, 2019 Memorandum & Order and colloquy during the April 1, 2019 oral argument could not be clearer. BHH's questions should be limited to authentication is sues. Next, Plaintiffs may use the consultants' depositions at trial to authenticate exhibits. Thus, to the extent the witnesses are beyond 100 miles from the courthouse, and their absences are not procured by Plaintiffs, their depositions ma y be used at trial. Finally, Plaintiffs' application with respect to whether Styer and Mankin may be deposed is granted in part and denied in part. First, Plaintiffs argue that the testimony of Styer, the Executive Director of i2L laboratory, i s needlessly duplicative of Timothy Foard's, the Study Director responsible for conducting the tests in question. This Court agrees. Once again, these depositions are limited to authentication issues. It is not necessary for two witnesses to authenticate the same documents. Accordingly, BHH may not depose Styer. Second, Plaintiffs argue that Mankin's testimony is unnecessary because he has firsthand knowledge of only two exhibits, both of which Plaintiffs do not seek to offer into evidence. However, it is unclear how Plaintiffs plan on using these documents, and this Court left open the issue of whether Plaintiff's efficacy expert can testify about the Representative and Similarity Opinions. Given that a deposition intended to authenticate only two documents will not be burdensome, the Mankin deposition may proceed. The Clerk of Court is directed to terminate the motion pending at ECF No. 265. (Signed by Judge William H. Pauley, III on 5/8/2019) (tro)
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Filing
259
MEMORANDUM & ORDER denying in part and reserving in part 206 Motion in Limine; denying in part and reserving in part 209 Motion in Limine; denying in part and reserving in part 212 Motion in Limine; denying in part and reserving in part [216 ] Motion in Limine; denying in part and reserving in part 219 Motion to Preclude; denying in part and reserving in part 223 Motion in Limine: For the foregoing reasons, Defendants' motions are denied in part and decision is reserved in pa rt. The motions to preclude Potter and the consultant experts, the video and photographic evidence of the product testing sites, and Trial Exhibits 161 and 162 are denied. Defendants are directed to depose the consultant experts forthwith. The consul tant experts' testimony shall be limited to authentication issues. This Court reserves decision on the Representative and Similarity Opinions, as well as on Trial Exhibits 156, 163, 180, 181, 182, and 183. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 206, 209, 212, 216, 219, and 223. (Signed by Judge William H. Pauley, III on 4/4/2019) (jwh)
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Filing
185
MEMORANDUM & ORDER denying 175 Motion for Reconsideration: For the foregoing reasons, BHH's motion for reconsideration is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 175. This Court adopts the proposed su bclasses set forth in Plaintiffs' September 26, 2018 letter (ECF No. 179). The parties are directed to appear for a status teleconference on November 14, 2018 at 10:00 a.m. Counsel for BHH is directed to circulate dial-in information prior to the teleconference. (Signed by Judge William H. Pauley, III on 11/2/2018) (jwh)
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Filing
177
OPINION AND ORDER: In view of Defendants' motion for reconsideration (ECF No. 175), the status conference scheduled for September 27, 2018 is adjourned sine die. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/24/2018) (ne)
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Filing
164
OPINION & ORDER re: 159 LETTER MOTION for Conference addressed to Judge William H. Pauley, III from Yitzchak Kopel dated May 2, 2018 filed by Joanne Hart, Sandra Bueno, 139 MOTION for Summary Judgment filed by V an Hauser LLC, BHH LLC. For the foregoing reasons, BHH's motion for summary judgment is denied. The parties are directed to submit proposed subclasses to address the varying statutes of limitations by September 26, 2018. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 139 and 159. The parties are further directed to appear for a status teleconference on September 27, 2018 at 11:00 a.m. Counsel for Defendants are directed to circulate dial-in information for the teleconference. ( Telephone Conference set for 9/27/2018 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/5/2018) (mro)
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Filing
161
OPINION & ORDER re: 132 MOTION to Preclude; 130 MOTION to Preclude; 138 MOTION to Preclude: For the foregoing reasons, Plaintiffs' motion seeking to exclude Borth and Whitford's expert testimony (ECF No. 130) is grante d in part and denied in part. Opinions 2, 6, 7, 9, and 12 of the Borth Report, as well as Borth's opinions regarding consumer understanding, are excluded at trial. Plaintiffs' motion seeking to exclude Boedeker's expert testimony (ECF No. 132) is granted in part and denied in part. Boedeker's opinions regarding whether the Products were effective is excluded at trial. Boedeker may, however, discuss Product effectiveness consistent with this Opinion & Order. BHH's motion seeking to exclude Potter's expert testimony (ECF No. 138) is denied. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 130, 132, and 138. (Signed by Judge William H. Pauley, III on 7/19/2018) (jwh)
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Filing
93
OPINION AND ORDER. For the reasons in this Opinion and Order, BHH's motion to dismiss the UCL and FAL claims is granted, and BHH's motion to dismiss the fraud and breach of warranty claims is denied. Plaintiffs' motion to certify the N ationwide Fraud Class, the Multi-State Warranty Class, and the California CLRA Class is granted. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 66 and 72. So ordered. re: 66 MOTION to Certify Class filed by Joanne Hart, Sandra Bueno. Class Action Certified. (Signed by Judge William H. Pauley, III on 7/7/2017) (rjm).
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Filing
36
MEMORANDUM AND ORDER. For the foregoing reasons, Defendants' motion to dismiss is granted with respect to Plaintiff's Magnuson-Moss Warranty Act claim and unjust enrichment claim. Plaintiff's claims concerning Animal Repellers are also dismissed for lack of standing. A status conference is scheduled for June 2, 2016 at 10:30 a.m. to address the disputes raised at ECF Nos. 3335. If any of those issues are now moot in view of this Memorandum & Order the parties should inform this Co urt via letter within 14 days. The Clerk of Court is directed to terminate all pending motions. So ordered. Granting in part and denying in part 25 Motion to Dismiss. Terminating 33 Motion to Compel; Terminating 34 Motion for Conference. (Signed by Judge William H. Pauley, III on 5/5/2016) (rjm)
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