Goldemberg v. Johnson & Johnson Consumer Companies, Inc.
| Michael Goldemberg |
| Johnson & Johnson Consumer Companies, Inc. |
| 7:2013cv03073 |
| May 7, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing
98
OPINION & ORDER re: 80 MOTION in Limine To Exclude The Expert Report of Dr. Jean-Pierre Dube filed by Johnson & Johnson Consumer Companies, Inc., 69 MOTION to Certify Class filed by Howard Petlack, Michael Goldembe rg, Annie Le. For the foregoing reasons, Plaintiffs' motion for class certification and appointment of class counsel is GRANTED as modified, Defendant's Daubert motion is DENIED, and this Court ORDERS: 1. The New York Class of consumers th at purchased any of the following products during the limitations period is hereby certified under Rule 23(b)(3) and separately under Rule 23(b)(2) with regard to injunctive relief, with subclasses based on the Aveeno Active Naturals product at issue : a. Creamy Moisturizing Oil (12 fl. oz.), b. Therapeutic Shave Gel (7 fl. oz.), c. Positively Smooth Shave Gel (7 fl. oz.), d. Positively Nourishing Comforting Whipped Souffle (6 oz.), e. Nourish+ Moisturize Shampoo (10.5 fl. oz.), or f. Nourish+ Mo isturize Conditioner (10.5 fl. oz.). 2. Named Plaintiff Michael Goldemberg is appointed as class representative for the New York Classes and Subclasses. 3. The California Class of consumers that purchased any of the following products during the limi tations period is hereby certified under Rule 23(b)(3) and separately under Rule 23(b)(2) with regard to injunctive relief, with subclasses based on the Aveeno Active Naturals product at issue: a. Moisturizing Lotion with Broad Spectrum SPF 15 (12 fl . oz.), b. Skin Relief 24hr Moisturizing Lotion (12 fl. oz.), c. Positively Nourishing Energizing Body Lotion (7 oz.), d. Positively Ageless Firming Body Lotion (8 oz.), e. Positively Radiant Makeup Removing Wipes (25 count), f. Positively Ageless Yo uth Perfecting Moisturizer Broad Spectrum SPF 30 (2.5 fl. oz.), g. Positively Ageless Lifting & Firming Eye Cream (0.5 oz.), or h. Positively Radiant Daily Moisturizer Broad Spectrum SPF 15 (4 fl. oz.). 4. Named Plaintiff Annie Le is appointed as cla ss representative for the California Classes and Subclasses. 5. The Florida Class of consumers that purchased any of the following products during the limitations period is hereby certified under Rule 23(b)(3) and separately under Rule 23(b)(2) with regard to injunctive relief, with subclasses based on the Aveeno Active Naturals product at issue: a. Therapeutic Shave Gel (7 oz.), or b. Moisturizing Bar (3.5 oz.). 6. Named Plaintiff Howard Petlack is appointed as class representative for the Flor ida Classes and Subclasses. 7. Finkelstein, Blankinship, Frei-Pearson & Garber, LLP and The Richmond Law Group are appointed as co-class counsel; and, 8. On or before November 5, 2016, Plaintiffs shall, after conferring with Defendant, provide the C ourt with a joint proposed notice designed to achieve the best practicable notice to identifiable class members and explain the methodology that will be employed to determine such class members. The parties are directed to contact Magistrate Judge Li sa M. Smith within 48 hours of the issuance of this opinion and, after consultation before Judge Smith, to write this Court regarding the status of pending discovery issues. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 69 and 80. (Signed by Judge Nelson Stephen Roman on 10/4/2016) (mml)
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