In re: Scotts EZ Seed Litigation
| Michael Arcuri, David A. Browne, Lance Moore, Vance Smith and Nancy Thomas |
| The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC, The Home Depot, Inc. and Lowe's HIW, Inc. |
| Gwen Eskinazi and Stacy D. Lonardo |
| True Value Company |
| 7:2012cv04727 |
| June 15, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Onondaga |
| Vincent L. Briccetti |
| Other Statutory Actions |
| 15 U.S.C. ยง 2301 |
| Plaintiff |
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Filing
335
MEMORANDUM OPINION AND ORDER re: 330 MOTION for Reconsideration re; 317 Memorandum & Opinion, Set Deadlines/Hearings, . filed by The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC. The motion for reconsideration is DENIED. The Clerk is instructed to terminate the motion (Doc. #330). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/5/18) (yv)
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Filing
317
OPINION AND ORDER re: 226 MOTION to Preclude Bryan Hopkins From Offering Expert Testimony. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 221 MOTION for a n Order to Exclude Plaintiffs' Proffered Expert Colin B. Weir, pursuant to Daubert, and Rules 702 & 403 of the Federal Rules of Evidence . filed by The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC, 222 MOTION for Summary Judgment . filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 231 MOTION for an Order to Strike Plaintiffs Local Rule 56.1 Statement (Plaintiffs' 56.1 Sta tement to be filed under seal) re: 222 MOTION for Summary Judgment . . filed by The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC, 229 MOTION to Strike Portions Of The Declaration Of Eric Nelson. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 227 MOTION to Preclude Douglas Soldat From Offering Any Expert Testimony On The Performance Of EZ Seed At Half Water Rat es. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 220 MOTION for an Order to Exclude Plaintiffs' Proffered Expert Douglas E. Karcher, pursuant to Daubert, and R ules 702 & 403 of the Federal Rules of Evidence . filed by The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC, 217 MOTION for an Order Decertifying the Class pursuant to Fed. R. Civ. P. 23 . filed by The Sco tts Miracle-Gro Company, Inc., The Scotts Company LLC, 225 MOTION to Preclude Scotts From Offering Expert Testimony By Eric Nelson And Michael Faust Concerning EZ Seed's Performance At Half-Water Levels. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 216 MOTION for Summary Judgment . filed by The Scotts Miracle-Gro Company, Inc., The Scotts Company LLC, 228 MOTION to Strike T he Declarations Of Tiffany Peoples And Emily Winters Pursuant To Fed. R. Civ. P. 56(c)(4) and 56(h). filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 224 MOTION to Prec lude Scotts From Offering Any Expert Testimony On Consumers' Understanding Of The 50% Thicker Claim. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Michael Arcuri, Nancy Thomas, 223 MOT ION to Preclude Scotts From Offering Any Expert Testimony On The Existence Or Amount Of The Price Premium Attributable To The 50% Thicker Claim. filed by Gwen Eskinazi, Vance Smith, David A. Browne, Lance Moore, Stacy D. Lonardo, Mic hael Arcuri, Nancy Thomas, 219 MOTION for an Order to Exclude Plaintiffs' Proffered Expert J. Michael Dennis, pursuant to Daubert, and Rules 702 & 403 of the Federal Rules of Evidence . filed by The Scotts Miracle-Gro Compan y, Inc., The Scotts Company LLC, 218 MOTION for an Order to Exclude Plaintiffs' Proffered Expert Ramamirtham Sukumar, pursuant to Daubert, and Rules 702 & 403 of the Federal Rules of Evidence . filed by The Scotts Miracle-Gr o Company, Inc., The Scotts Company LLC. Defendants' motion to exclude the testimony of plaintiffs' damages expert Colin B. Weir is GRANTED in part and DENIED in part. The remainder of the Daubert motions and motions to strike are DENIE D. Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Plaintiffs' partial motion for summary judgment is DENIED. Defendants' motion to decertify the class is DENIED. All counsel are directed to appear for an in-person status conference on September 22, 2017, at 2:15 p.m., at which time the Court expects to set a trial date and a schedule for pretrial submissions. By September 15, 2017, the parties shall submit a Joint Pretrial Order in accordance wit h the Court's Individual Practices. The Clerk is instructed to terminate the motions. (Docs. ##216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231). SO ORDERED., (Pretrial Order due by 9/15/2017., Status Conference set for 9/22/2017 at 02:15 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 8/7/17) (yv)
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