Kind Bar Plaintiffs v. Kind Bar Defendants
| Kind Bar Plaintiffs |
| Kind Bar Defendants |
| 1:2015mc02645 |
| August 25, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Other |
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The following documents for this case are available for you to view or download:
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Filing
250
ORDER granting 246 Letter Motion to Seal. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/4/2022) (mml)
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Filing
237
ORDER granting 214 Letter Motion to Seal. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/10/2022) (mml)
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Filing
211
ORDER granting 206 Letter Motion to Seal. Application granted. SO ORDERED.. (Signed by Judge Naomi Reice Buchwald on 1/28/2022) (kv)
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Filing
176
OPINION & ORDER re: (168 in 1:15-md-02645-WHP) MOTION to Certify Class . filed by Charity Bustamante, Sarah Thomas, Amanda Short, Elizabeth Livingston, (190 in 1:15-md-02645-WHP) MOTION to Strike Document No. (170) - Declarat ion of Stephen F. Hamilton, PH.D. filed by Kind, LLC, (130 in 1:15-mc-02645-WHP) MOTION to Certify Class . filed by Charity Bustamante, Sarah Thomas, Amanda Short, Elizabeth Livingston, (154 in 1:15 mc-02645-WHP) MOTION to S trike Document No. (132) - Declaration of Stephen F. Hamilton, Ph.D.. filed by Kind LLC. For the foregoing reasons, Plaintiffs' motion to certify the New York, California, and Florida Rule 23(b)(3) damages classes is granted, and Plai ntiffs' motion to certify Rule 23(b)(2) injunctive classes is denied. In addition, this Court appoints Amanda Short and Sarah Thomas as the class representatives for the New York Class; Charity Bustamante as the class representative for the California Class; and Elizabeth Livingston as the class representative for the Florida Class. This Court also appoints the law firms of Pearson, Simon, & Warshaw, LLP; Finkelstein, Blankinship, Frei-Pearson & Garber, LLP; and Ahdoot & Wolfson, PC class counsel. KIND's motion to exclude Dr. Hamilton's testimony is denied. KIND's motion to strike Dr. Hamilton's Reply Declaration is denied, and KIND's motion to strike the Dennis Report is granted. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 168, 190, and 211. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/24/2021) Filed In Associated Cases: 1:15-md-02645-WHP, 1:15-mc-02645-WHP (kv)
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Filing
165
ORDER granting (204) Letter Motion to Seal in case 1:15-md-02645-WHP; granting (164) Letter Motion to Seal in case 1:15-mc-02645-WHP: Plaintiffs move to file portions of their Reply Memorandum of Law in Support of Class Certification, the rebuttal ex pert declaration of Dr. J. Michael Dennis, Ph.D., and Exhibit C to the supporting declaration of Todd S. Garber. (ECF No. 204.) This Court has reviewed the proposed redactions and finds that they are narrowly tailored, limited in scope, and justified to protect Kind, LLC's confidential and proprietary business information. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Accordingly, Plaintiffs motion to file under seal is granted. (Signed by Judge William H. Pauley, III on 6/3/2020) Filed In Associated Cases: 1:15-md-02645-WHP, 1:15-mc-02645-WHP (jwh)
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Filing
158
ORDER granting (179) Letter Motion to Seal in case 1:15-md-02645-WHP; granting (141) Letter Motion to Seal in case 1:15-mc-02645-WHP: Defendant KIND LLC ("KIND") move to file portions of its Memorandum of Law in Opposition to Class Certific ation (ECF No. 143) and certain supporting documents attached as Exhibits M, N, and O to the supporting Declaration of Dale J. Giali (ECF No. 144) under seal. This Court has reviewed the proposed redactions and finds that they are narrowly tailored, limited in scope, and justified to protect KIND's confidential and proprietary business information. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Accordingly, Plaintiffs motion to file under seal is granted. (Signed by Judge William H. Pauley, III on 3/16/2020) Filed In Associated Cases: 1:15-md-02645-WHP, 1:15-mc-02645-WHP (jwh)
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Filing
91
OPINION & ORDER: re: (100 in 1:15-md-02645-WHP) MOTION to Dismiss Plaintiffs' Non-GMO Claims, filed by Kind, LLC, (108 in 1:15-md-02645-WHP) MOTION to lift Stay on "all natural" claims re: (83) Memorandum & Opinio n, filed by Charity Bustamante, Sarah Thomas, Amanda Short, Elizabeth Livingston. For the foregoing reasons, KIND's motion to dismiss the "non-GMO" claim is denied. Prosecution of the "non-GMO" claim is stayed un til August 15, 2018. Additionally, Plaintiffs' motion to lift the stay of their "all natural" claim is denied without prejudice to renew after August 15, 2018. The Clerk of Court is directed to terminate the motions pending at ECF N os. 100 and 108, and as further set forth in this order. Motions terminated: (100 in 1:15-md-02645-WHP) MOTION to Dismiss Plaintiffs' Non-GMO Claims, filed by Kind, LLC, (108 in 1:15-md-02645-WHP) MOTION to lift Stay on "all natural" claims re: (83) Memorandum & Opinion, filed by Charity Bustamante, Sarah Thomas, Amanda Short, Elizabeth Livingston.(Docketed in 15md2645 and 15mc2645) (Signed by Judge William H. Pauley, III on 3/2/2018) (ap)
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Filing
58
OPINION & ORDER re: 44 Motion to Dismiss filed by filed by Kind Bar Defendants, Kind LLC. KIND moves to dismiss Plaintiffs' claims or, in the alternative, to stay the action pending the Food and Drug Administration's ("FDA&# 039;s") promulgation of rules addressing use of the word "natural" on food labels. In view of Plaintiffs' voluntary dismissal of their "healthy" claims, the claims brought by Kaufer, Kamezis and Livingston are dis missed. In addition, the ICFDBPA and FDUTPA claims of the Illinois and Florida subclasses are dismissed. Plaintiffs Short, Thomas and Bustamante's "all-natural" claims are stayed pending the FDA's rulemaking regarding the use of the term "natural" on food labels. The parties should timely apprise this Court of any material developments with respect to the FDA's rulemaking. In any event, they should file a joint status report by December 15,2016. To t he extent Plaintiffs wish to assert an independent claim based on representations that KIND's products were "non GMO," they may file an Amended Complaint no later than October 31, 2016. (As further set forth in this Opinion & Order.) ( Amended Pleadings due by 10/31/2016.) (Signed by Judge William H. Pauley, III on 9/15/2016)(mro)
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