Price et al v. L'Oreal USA, Inc. et al
| Brandi Price and Christine Chadwick |
| L'Oreal USA, Inc. and Matrix Essentials, LLC |
| 1:2017cv00614 |
| January 26, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Tompkins |
| Lorna G. Schofield |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
336
CONSENT JUDGMENT: Based upon the Stipulation between the parties, on the consent of Plaintiffs Brandi Priceand Christine Chadwick ("Plaintiffs") and Defendants L'Oreal USA, Inc. and Matrix EssentialsLLC ("L'Oreal"), it is hereby ORDERED:1. This Consent Judgment is entered pursuant to Rule 58 of the Federal Rules of CivilProcedure.2. This Action shall be and is dismissed, with prejudice, in its entirety.3. Each party shall bear its own attorney's fees, expenses, and costs.APPROVED AND SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/28/2022) (ate) Modified on 6/28/2022 (ate).
|
|
Filing
332
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELLED. (Signed by Judge Lorna G. Schofield on 4/8/2022) (kv)
|
|
Filing
324
ORDER denying 320 Motion for Reconsideration re 320 MOTION for Reconsideration Memorandum of Law in Support of Plaintiffs' Motion for Reconsideration, or, in the Alternative, Motion for Clarification filed by Christine Chad wick, Brandi Price. It is hereby ORDERED that, for the foregoing reasons, the Motion (Dkt. No. 320) is DENIED. It is further ORDERED that, by December 17, 2021, the parties shall meet and confer regarding next steps and file a joint letter apprising the Court of their proposal(s). The Clerk of Court is respectfully directed to close the motion at Docket Number 320. (Signed by Judge Lorna G. Schofield on 12/10/2021) (vfr)
|
|
Filing
321
ORDER: ORDERED that, by October 27, 2021, Defendants shall file any opposition to Docket No. 320., ( Responses due by 10/27/2021) (Signed by Judge Lorna G. Schofield on 10/14/2021) (ama)
|
|
Filing
318
ORDER : WHEREAS, on September 29, 2021, the Court issued an Order granting Defendants' motion to decertify the classes. It is hereby ORDERED that, by October 15, 2021, the parties shall file a joint status letter proposing next steps. (Signed by Judge Lorna G. Schofield on 10/8/2021) (vfr)
|
|
Filing
317
OPINION AN ORDER re: 302 MOTION to Exclude the Testimony and Opinions of Nikola Cline and Carol Scott filed by Christine Chadwick, Brandi Price, 297 MOTION to Strike the Expert Testimony of Jean-Pierre Dube and to Dece rtify the Classes filed by Matrix Essentials, LLC, L'Oreal USA, Inc. For the foregoing reasons, Defendants' motion to decertify the classes is GRANTED. The parties' motions to exclude are DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 297 and 302. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/29/2021) (mml)
|
|
Filing
296
ORDER granting 295 Letter Motion to Seal. It is hereby ORDERED that, Defendants' motion to seal is GRANTED. The parties shall publicly file redacted versions and file under seal unredacted versions of Defendants' Memorandum of Law in S upport of Defendants' Motion to Decertify the Classes and to Exclude the Expert Testimony of Jean-Pierre Dub; Exhibit 2 to the Declaration of Frederick B. Warder III; Exhibit 13 to the Declaration of Joshua Kipnees; and Exhibit E of the Declaration of Rachel Soffin. The Clerk of Court is respectfully directed to close the motion at Docket No. 295. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/3/2021) (cf)
|
|
Filing
288
ORDER: ORDERED that, Defendants shall file any motion for decertification of the classes certified by the Court's Order and Opinion at Docket No. 159, and the parties shall file any related motions to exclude expert testimony, according to the f ollowing schedule: Motions due by 10/30/2020., Responses due by 12/11/2020, Replies due by 1/22/2021. The parties shall comply with this Court's Individual Rules in filing the motion and supporting papers. The parties may file briefs that cons olidate the motions or, alternatively, mayfile separate briefs for each motion. Each party's total briefing on the motions, however, shall not exceed 55 pages. The parties shall limit any standalone briefs seeking to exclude expert testimony to seven pages for the moving brief, seven pages for the opposition brief and three pages for the reply brief, with the parties' respective briefs counting toward their total permitted 55 pages for briefing. For purposes of the limits on exhibits and declarations pursuant to this Court's Individual Rules, each party's motions shall be treated as a single motion. (Signed by Judge Lorna G. Schofield on 10/08/2020) (ama)
|
|
Filing
286
ORDER: It is hereby ORDERED that, by October 5, 2020, the parties shall jointly file a letter proposing (i) a briefing schedule for Defendants' motion for decertification and any related Daubert motions and (ii) page limits for the parties' papers. (Signed by Judge Lorna G. Schofield on 10/2/2020) (rro)
|
|
Filing
283
ORDER: ORDERED that by September 8, 2020, the parties shall file a joint letter on ECF stating how they wish to proceed in this matter. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/25/2020) (cf)
|
|
Filing
282
MEMORANDUM AND OPINION re: 265 MOTION to Preclude Expert Testimony. filed by Matrix Essentials, LLC, L'Oreal USA, Inc., 254 MOTION for Summary Judgment and to Exclude Expert Testimony. filed by Matrix Essent ials, LLC, L'Oreal USA, Inc.. For the reasons set forth above, Defendants' motion to exclude the testimony of Bruce Silverman is GRANTED IN PART -- his testimony on consumers' awareness of keratin as an ingredient in haircare pr oducts and consumers' resulting perception of the Challenged Terms is excluded as unreliable; Defendants' motion to exclude testimony of Jean-Pierre Dub is GRANTED -- his testimony on the proposed calculation of the ($ price ) and (# bottles) inputs to his aggregate class-wide damages formula is excluded as unreliable; Defendants' motion for summary judgment is GRANTED as to the New York breach of contract claim and otherwise DENIED; and Plaintiffs' motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to close the motion at Docket Nos. 254 and 265. (Signed by Judge Lorna G. Schofield on 8/24/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
276
ORDER granting 253 Letter Motion to Seal. It is hereby ORDERED that Defendants' letter motion is GRANTED. The documents filed under seal at Dkt. Nos. 260, 262, 264, 269, 270, 271 and 273 shall remain under seal and accessible only to the pa rties and attorneys identified by Defendants in the appended letter. As further set forth herein. The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. As further set forth in this Order. (Signed by Judge Lorna G. Schofield on 3/30/2020) (ks)
|
|
Filing
274
ORDER: WHEREAS, Defendants filed a letter motion for leave to file under seal one exhibit and to filed with redactions certain portions of the memoranda of law, statements of undisputed fact, and accompanying exhibits filed as part of the parties' cross-motions for summary judgment (Dkt. No. 253); WHEREAS, certain of the documents filed under seal were filed ex parte (Dkt. Nos. 264, 269, 270, 271) WHEREAS, pursuant to this Court's new electronic sealing system, any order granting a motion to seal includes a list of the names of all parties and attorneys who shall be granted access to the sealed documents. It is hereby ORDERED that, by March 27, 2020, Defendants shall file a letter in support of their letter motion to seal, attached to which Defendants shall provide a list of the parties and attorneys who should have access to the sealed filings. Defendants shall further explain, if applicable, why any of the sealed filings should be restricted to only certain parties. (Signed by Judge Lorna G. Schofield on 3/24/2020) (mro)
|
|
Filing
159
OPINION AND ORDER re: 146 MOTION to Certify Class . filed by Christine Chadwick, Brandi Price, 141 MOTION to Certify Class . filed by Christine Chadwick, Brandi Price. For the reasons set forth above, Plaintiffs 9; motion for class certification pursuant to Federal Rule of Civil Procedure 23(b)(3) and appointment of class counsel is GRANTED in part and DENIED in part. It is hereby ORDERED that: 1. The motion to certify the Nationwide Class is DENIED. 2. The motion to certify the New York Class is GRANTED in part and DENIED in part as follows: a. The New York Class is defined as All persons who reside in the state of New York and purchased Matrix Biolage Advanced Keratindose Pro-Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and/or Pro-Keratin + Silk Renewal Spray between January 26, 2013 and the present. b. The New York Class is certified only as to Count IX (New York GBL § 349) and the Breach of Contract claim under Count II (not t he alternative claim for Breach of Common Law Warranty). c. Plaintiff Price is appointed as class representative for the New York Class. 3. The motion to certify the California Class is GRANTED in part and DENIED in part as follows: a. The Californ ia Class is defined as All persons who reside in the state of California and purchased Matrix Biolage Advanced Keratindose Pro-Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and/or Pro-Keratin + Silk Renewal Spray between January 26, 2013 a nd the present. b. The California Class is certified only as to Counts III (Express Warranty), VI (California UCL, Unfair Business Acts and Practices Prong), VII (California UCL Fraudulent Business Acts and Practices Prong), VIII (California UCL, U nlawful Prong), and X (California FAL). c. Plaintiff Chadwick is appointed as class representative for the California Class. 4. Morgan & Morgan; Barbat, Mansour & Suciu PLLC; Greg Coleman Law; Sommers Schwartz P.C.; and JTB Law Group, LLC are appoint ed as co-class counsel. 5. By September 5, 2018, Plaintiffs shall, after conferring with Defendants, provide the Court with a joint proposed notice as required by Federal Rule of Civil Procedure 23(c)(2), and explain how they propose that notice will be made. The Clerk of Court is respectfully directed to close the motion and Docket No. 146. (Signed by Judge Lorna G. Schofield on 8/15/2018) (kgo)
|
|
Filing
81
OPINION AND ORDER: re: 43 MOTION to Dismiss Counts I, II, IV, V, VI, VII, VIII, and X of First Amended Complaint filed by Matrix Essentials, LLC, L'Oreal USA, Inc. For the foregoing reasons, Defendants' motion to dismiss is DENIED except for Count V for unjust enrichment to the extent asserted under New York and California law. The Clerk of Court is respectfully directed to close the motion at Docket Number 43. (Signed by Judge Lorna G. Schofield on 10/05/2017) (ama)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
