Rikos v. Procter & Gamble Company
| Tracey Burns, Dino Rikos and Leo Jarzembrowski |
| Procter & Gamble Company |
| Adam Brunet, Patrick S. Sweeney, Pamela Sweeney, Arianna Gallagher and Christopher T. Cain |
| 1:2011cv00226 |
| April 15, 2011 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Timothy S Black |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2022. A more recent docket listing may be available from PACER.
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Filing 204
MOTION for Release of Funds Unclaimed Settlement Funds by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rhinehart, Erin)
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Minute Entry: This case came before Judge Timothy S. Black on 4/8/2019, for mediation of a fee dispute among Plaintiffs' counsel. The matter was fully and finally resolved. (rrs)
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Minute Entry and Notation Order: This case came before the Court for an informal conference regarding a dispute between Plaintiffs' counsel on 3/1/19 at 10:00 a.m. Timothy Blood, Tommy O'Reardon and David Futscher participated. Counsel shall exchange time records simultaneously on 3/1/19 at 3:00 Eastern. Class Counsel shall send Mr. Futscher an accounting of the settlement fee by 3/5/19. Counsel shall submit their positions in a written statement not to exceed 5 pages (exhibits should be attached, and do not count against the page limitation) by 4/2/19. Statements shall be sent to black_chambers@ohsd.uscourts.gov, and not exchanged between counsel. Statements shall include a proposal of a compromised settlement. This case is set for an in-person mediation amongst Plaintiffs' counsel on 4/8/19 at 10:00 a.m. at the Potter Stewart U.S. Courthouse in Cincinnati, Room 815. IT IS SO ORDERED. (rrs)
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Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this case is set for an informal conference to discuss a dispute amongst Plaintiffs' counsel on 3/1/19 at 10:00 a.m. PLAINTIFFS' COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel shall submit to the Court via email (black_chambers@ohsd.uscourts.gov) and each other a short 1-2 page statement of their dispute by close of business on 2/27/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/26/19. (rrs)
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Notation Order: The motion to allow late claim filing from Dennis R. Cookish (Doc. 203) is GRANTED; Counsel for Defendant has represented to the Court that Mr. Cookish's claim form will be processed as if it were timely received. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
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Filing 203
MOTION to Allow Late Claim Filing. (jlw)
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Filing 202
ORDER of USCA as to #187 Notice of Appeal: Parties stipulated to dismiss the appeal. Note: No Mandate to issue. (er)
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Filing 200
REPLY to Response to Motion re #195 Joint MOTION for Bond Joint Motion for Appeal Bond Reply in Support of Joint Motion for Appeal Bond filed by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Reply Declaration of Timothy G. Blood) (Blood, Timothy)
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Filing 201
ORDER of USCA as to #186 , #187 Notice of Appeal: The appeal has been stipulated to be dismissed. Note: No Mandate to issue. (er)
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Notation Order: For good cause shown, the parties' unopposed joint motion for extension of time (Doc. 199) is GRANTED. The parties shall file their reply brief in support of their joint motion for appeal bond by 9/28/18. IT IS SO ORDERED. (ss)
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Filing 199
Unopposed MOTION for Extension of Time to File Response/Reply as to #195 Joint MOTION for Bond Joint Motion for Appeal Bond New date requested 9/28/2018. Unopposed Joint Motion for Extension of Time to File Reply in Support of Joint Motion for Appeal Bond by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Text of Proposed Order) (O'Reardon, Thomas)
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Notation Order: For good cause shown, the parties' unopposed joint motion for extension of time (Doc. #198 ) is GRANTED. The parties shall file their reply brief in support of their joint motion for appeal bond by 9/21/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 9/11/18. (jlm)
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Filing 198
Unopposed MOTION for Extension of Time to File Response/Reply as to #195 Joint MOTION for Bond Joint Motion for Appeal Bond New date requested 9/21/2018. by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit 1) (Ireland, Donald)
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Filing 197
RESPONSE in Opposition re #195 Joint MOTION for Bond Joint Motion for Appeal Bond filed by Objector Christopher T. Cain. (eh)
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Filing 196
RESPONSE in Opposition re #195 Joint MOTION for Bond Joint Motion for Appeal Bond filed by Objector Arianna Gallagher. (Vourlis, Simina)
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Filing 195
Joint MOTION for Bond Joint Motion for Appeal Bond by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Declaration of Timothy G. Blood, #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D, #6 Ex. E, #7 Ex. F, #8 Ex. G, #9 Ex. H, #10 Ex. I, #11 Ex. J, #12 Declaration of H. Jacob Hack on Behalf of Settlement Administrator) (Blood, Timothy)
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Filing 194
ORDER of USCA as to #184 Notice of Appeal granting the motion to voluntarily dismiss the appeal and dismissing the appeal. Note: No Mandate to issue. (sct)
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Filing 193
ORDER of USCA as to #181 Notice of Appeal granting the motion to voluntarily dismiss the appeal and dismissing the appeal. Note: No Mandate to issue. (sct)
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Filing 192
MOTION for Leave to Appeal in forma pauperis by Objector Pamela Sweeney. (Attachments: #1 Envelope) (eh)
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Filing 191
USCA Case Number 18-3521 for #186 Notice of Appeal filed by Arianna Gallagher, case manager Amy Gigliotti, 513-564-7012. (er)
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Filing 190
USCA Case Number 18-3512 for #185 Notice of Appeal filed by Christopher T. Cain; case manager Amy E. Gigliotti, 513-564-7012. (er)
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Filing 189
USCA Case Number 18-3510 for #184 Notice of Appeal filed by Pamela Sweeney; case manager Amy E. Gigliotti, 513-564-7012. (er)
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Filing 188
USCA Case Number 18-3508 for #181 Notice of Appeal filed by Patrick S. Sweeney; case manager Amy E. Gigliotti, 513-564-7012. (er)
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Filing 187
NOTICE: IMPORTANT NOTICE TO COURT AND CLERK REGARDING FILING OF #186 NOTICE OF APPEAL by Objector Arianna Gallagher. (Vourlis, Simina) Modified to create link to Notice of Appeal and edit text on 6/1/2018 (mr).
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Filing 186
NOTICE OF APPEAL re #180 Clerk's Judgment, #179 Order on Motion for Miscellaneous Relief,, Order on Motion for Settlement,
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Filing 185
NOTICE OF APPEAL re #179 ORDER and #180 Clerk's Judgment by Objector Christopher T. Cain. (Attachments: #1 Filing Fee Receipt) (eh)
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Filing fee: $ 505.00, receipt number 100CIN034233 re #185 NOTICE OF APPEAL. (eh)
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Filing 184
NOTICE OF APPEAL re #179 ORDER and #180 Clerk's Judgmen (FILING FEE DUE) by Objector Pamela Sweeney. (eh)
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Filing 183
NOTICE of Pro Se Appearance by Objector Pamela Sweeney. (Attachments: #1 Envelope) (eh)
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Filing 182
NOTICE of Pro Se Appearance by Objector Patrick S. Sweeney. (eh) (Additional attachment(s) added on 5/24/2018: #1 Envelope) (eh).
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Filing 181
NOTICE OF APPEAL re #179 ORDER and #180 Clerk's Judgment (FILING FEE DUE) by Objector Patrick S. Sweeney. (eh)
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Filing 180
CLERK'S JUDGMENT affirming #179 Order. (sct)
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Filing 179
ORDER granting #169 Defendant's Motion for Final Approval of Class Action Settlement and #170 Plaintiff's Motion for for Final Approval of Class Action Settlement and Request for Award of Attorneys' Fees and Expenses. Signed by Judge Timothy S. Black on 4/30/18. (sct)
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Filing 178
Transcript of Proceedings (Fairness Hearing) held on April 16, 2018, before Judge Timothy S. Black. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/16/2018. Redacted Transcript Deadline set for 5/29/2018. Release of Transcript Restriction set for 7/24/2018. (Lavin, Luke)
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Minute Entry and Notation Order: This civil action came before the Court for a fairness hearing on April 16, 2018 at 10:00 a.m. Timothy Blood and David Futscher appeared on behalf of Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared on behalf of the Defendant. The Court heard arguments from both sides in support of approval of the Settlement; there were no objectors to the Settlement present at the hearing. The Court will forthwith enter an Order confirming the appointment of Class Representatives, confirming certification of the Settlement Class, confirming the appointment of Class Counsel, granting final approval of the Settlement, overruling the written objections, and awarding attorneys' fees, expenses, and Class Representative awards. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (Court Reporter Luke Lavin.) (jlm)
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Filing 177
REPLY to Response to Motion re #170 MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement and Request for Award of Attorneys' Fees and Expenses Plaintiffs' Reply in Support of Final Approval of Class Action Settlement and Request for Award of Attorneys' Fees and Expenses filed by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Reply Declaration of Timothy G. Blood, #2 Ex. A, #3 Ex. B, #4 Ex. C, #5 Ex. D, #6 Ex. E, #7 Ex. F, #8 Ex. G, #9 Ex. H, #10 Ex. I, #11 Ex. J, #12 Ex. K, #13 Ex. L, #14 Ex. M, #15 Ex. N, #16 Ex. O (part 1 of 2), #17 Ex. O (part 2 of 2), #18 Ex. P, #19 Ex. Q, #20 Ex. R, #21 Ex. S, #22 Ex. T, #23 Ex. U, #24 Ex. V, #25 Declaration of Robert B. Goldman, #26 Declaration of Jacqueline Kimbrough on Status of Settlement Administration) (Blood, Timothy)
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Filing 176
Response to Objections re #170 MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement and Request for Award of Attorneys' Fees and Expenses by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A - Kimbrough Declaration, #2 Exhibit B - Goldman Declaration, #3 Exhibit C - Burgio Declaration) (Ireland, Donald) Modified to create links to Motion for Settlement and Objections on 4/10/2018 (eh).
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Filing 175
Objection re #167 Order on Motion for Settlement, by Objector Adam Brunet (pro se). (eh)
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Filing 174
Objection re #167 Order on Motion for Settlement, by Objector Christopher T. Cain (pro se). (eh)
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Filing 173
Objection re #167 Order on Motion for Settlement, by Objector Patrick S. Sweeney (pro se). (eh)
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Filing 172
NOTICE of Appearance by Simina Vourlis for Objector Arianna Gallagher (Vourlis, Simina)
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Filing 171
Objection re #167 Order on Motion for Settlement, by Objector Arianna Gallagher. (Vourlis, Simina)
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Filing 170
MOTION for Settlement Plaintiffs' Motion for Final Approval of Class Action Settlement and Request for Award of Attorneys' Fees and Expenses by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Affidavit of Timothy G. Blood, #2 Affidavit of David A. Futscher, #3 Affidavit of Edward K. O'Brien, #4 Affidavit of Rachel L. Soffin, #5 Affidavit of Alex M. Tomasevic, #6 Affidavit of Leo Jarzembowski in Support of Application for a Service Award, #7 Affidavit of Tracey Burns in Support of Application for a Service Award, #8 Affidavit of Dino Rikos in Support of Application for a Service Award, #9 Affidavit of Carla Peak on Implementatin of Settlement Notice Plan) (Blood, Timothy)
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Filing 169
MOTION for Final Approval of Class Action Settlement by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A) (Ireland, Donald)
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Filing 168
NOTICE of Change of Address by Timothy Gordon Blood (Blood, Timothy)
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Filing 167
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT, CONDITIONALLY CERTIFYING THE SETTLEMENT CLASS, PROVIDING FOR NOTICE AND SCHEDULING ORDER. Settlement Hearing (the "Final Approval Hearing") set for 4/16/18 at 10:00 a.m. in Courtroom 805. Signed by Judge Timothy S. Black on 12/20/17. (sct)
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Notation Order: The final pretrial conference scheduled for 10/10/17, and trial commencing 10/16/17, are VACATED in light of the parties' agreement to settle their claims. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (gs)
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Filing 166
MOTION for Settlement Plaintiffs' Motion for Preliminary Approval of Class Action Settlement by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Declaration of Timothy G. Blood, #2 Ex. 1 - (Stip of Settlement), #3 Ex. 2 - (proposed Preliminary Approval Order), #4 Ex. 3 - (BHO Firm Resume), #5 Declaration of Carla Peak on Settlement Notice Plan) (Blood, Timothy)
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Filing 165
AMENDED COMPLAINT Third Amended Class Action Complaint against Procter & Gamble Company, filed by Dino Rikos, Leo Jarzembrowski, Tracey Burns. (Blood, Timothy)
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Minute Entry and Notation Order: This case came before the Court for a status conference on 9/25/17 at 2:00 p.m. Thomas O'Reardon appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. Counsel reported the parties have executed a settlement agreement and will be filing a motion for approval in one week. At the parties' request, the Court GRANTS Plaintiff leave to file an amended complaint as contemplated by the parties' settlement agreement. IT IS SO ORDERED. (gs)
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Minute Entry and Notation Order: This case came before the Court for a status conference on 8/30/17 at 3:00 p.m. Timothy Blood and David Futscher appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. Counsel reported the parties are continuing settlement negotiations. This case is set for an additional status conference by telephone on 9/25/17 at 2:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Notation Order: This case is set for a status conference by telephone on 8/30/17 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (gs)
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Notation Order: The status conference scheduled for 7/31/17 is VACATED. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (gs)
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Minute Entry and Notation Order: This case came before the Court for a status conference on 7/27/17 at 3:00 p.m. Timothy Blood and David Futscher appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. The parties reported they are continuing their settlement negotiations and exchanging revisions to a written settlement agreement. This case is set for an additional status conference by telephone on 7/31/17 at 4:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Minute Entry and Notation Order: This case came before the Court for a status conference on 6/23/17 at 3:00 p.m. Timothy Blood appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. The parties reported they are continuing their settlement negotiations and are preparing a written agreement. This case is set for an additional status conference by telephone on 7/27/17 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Notation Order: After consultation with the parties, the telephone status conference scheduled in this matter for 6/5/17 at 12:15 p.m. is VACATED and RESCHEDULED to take place on 6/23/17 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Minute Entry and Notation Order: This civil case came before the Court for a status conference by telephone on 5/1/2017 at 11:30 a.m. Timothy Blood and Thomas O'Reardon appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. The parties reported they are continuing their settlement discussions and have a signed term sheet. This case is set for an additional status conference by telephone on 6/5/2017 at 12:15 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Minute Entry and Notation Order: This civil case came before the Court for a status conference by telephone on 4/17/17 at 11:00 a.m. Timothy Blood appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendant. The parties reported they are in settlement discussions. This case is set for an additional status conference by telephone on 5/1/2017 at 11:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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Minute Entry and Notation Order: This case came before the Court for a status conference by telephone on 3/31/2017 at 2:00 p.m. Timothy Blood, Alex Tomasevic and David Futscher appeared for Plaintiffs; Jeffrey Ireland and Erin Rhinehart appeared for Defendants. The parties reported they are in settlement discussions. This case is set for an additional status conference by telephone on 4/17/2017 at 11:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (gs)
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NOTICE OF TIME CHANGE: The time for the status conference with the Court by phone set for Friday, March 31, 2017, at 1:00 p.m., is CHANGED to 2:00 p.m. on Friday, March 31, 2017. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (ss)
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NOTATION ORDER: The Joint Motion for Extension of Discovery Period (Doc. #164 ) is GRANTED. The Amended Calendar Order (Doc. #161 ) is amended as follows: Discovery deadline: 4/28/2017. Dispositive motion and Daubert deadline: 5/30/2017. IT IS SO ORDERED by Judge Timothy S. Black on 2/21/2017. (mr)
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Filing 164
Joint MOTION Extension of Discovery Period by Plaintiffs, Defendant Procter & Gamble Company. (Attachments: #1 Exhibit Ex 1) (Rhinehart, Erin) Modified to include plaintiffs as filers on 2/21/2017 (eh).
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Minute Entry and Notation Order: This civil action came on before the Court for a status conference by telephone on 1/23/17 at 11:30 a.m. Attorneys David Futscher, Thomas O'Reardon, Jeffrey Ireland, Erin Rhinehart, Diane Sullivan, and Amy Ahn-Roll participated. This case is set for an additional status conference by telephone on 3/31/17 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (mr)
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Filing 163
RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:16-mc-30 ARE related. Signed by Judge Susan J. Dlott and Judge Timothy S. Black on 12/8/16. (sct)
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Filing 161
SECOND AMENDED CALENDAR ORDER: This civil action is before the Court on the parties' joint motion to continue certain pretrial dates. (Doc. #160 ). For good cause shown, the motion is hereby GRANTED. The Amended Calendar (Doc. #157 ) is VACATED and the Court enters the following Second Amended Calendar Order: Primary expert designations: 1/20/17. Status conference by telephone: 1/23/17 at 11:30 a.m. Rebuttal expert designations: 2/17/17. Discovery deadline: 4/14/17. Dispositive motion and Daubert motion deadline: 5/15/17. Lay witness disclosures: 7/15/17. Final pretrial conference: 10/10/17 at 10:00 a.m. Jury Trial in Cincinnati: 10/16/17 at 9:00 a.m. Signed by Judge Timothy S. Black on 11/4/2016. (mr)
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Filing 160
Joint MOTION to Continue Certain Pretrial Deadlines by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. Responses due by 11/28/2016 (Attachments: #1 Text of Proposed Order) (Blood, Timothy)
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Notation Order: This civil action is before the Court after an in camera review of a representative sample of P&G's Proof of Claim ("POC") documents. Upon review of the POC documents, the Court finds that they were created by P&G's in-house legal counsel in order to facilitate a legal review and opinion regarding the support for proposed advertising claims. The documents contain written legal opinions from P&G's in-house legal counsel advising whether the proposed advertising claims meet regulatory and legal requirements. The POC's are the result of legal counsel's actual analysis, mental impressions, and work product. The Court finds that production of the POC documents would reveal attorney-client communications and/or work-product. Moreover, to the extent that the POC's contain non-privileged scientific studies and scientific journal citations, P&G represents that it has produced this information. Accordingly, the Court declines to order the production of the POC documents. IT IS SO ORDERED by Judge Timothy S. Black on 8/22/2016. (mr) Modified entry on 8/23/2016 (mr).
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Minute Entry and Notation Order: This civil action came on before the Court for an informal discovery dispute conference by telephone on 8/16/16 at 2:30 p.m. Attorneys Timothy Blood, Thomas O'Reardon, David Futscher, Jeffrey Ireland, and Diane Sullivan participated. With respect to the medical records, Plaintiffs' medical information is relevant to numerous issues in this litigation, including whether an alternative medical explanation exists for the product's alleged failure to provide digestive health benefits. Specifically, this Court is persuaded by the court in the District of New Jersey that ordered plaintiffs, including Dino Rikos, to produce "all of their medical records from 2007 to the present 2013 reflecting or relating to Plaintiff's digestive system." In re Bayer Phillips Colon Health Probiotics Sales Practices Litig., No. 11-2793, slip op. at 1. Accordingly, Plaintiffs shall produce Mr. Rikos's medical records referenced in the Bayer case. Furthermore, Plaintiffs shall produce records related to Ms. Burns's testimony that she had digestive health issues. With respect to the Proof of Claim documents, Defendant shall produce a representative sample of the POC documents to the Court in camera, forthwith. If the documents are not self-explanatory, counsel shall also submit a short memorandum explaining the same. IT IS SO ORDERED. (mr) Modified text on 8/16/2016 (mr).
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Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1 and at the parties' request, this civil action is set for an informal discovery conference on 8/16/16 at 2:30 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel shall submit a 1 - 2 page explanation of the dispute to chambers email (black_chambers@ohsd.uscourts.gov) and opposing counsel by 10:00 a.m. on 8/15/16. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/11/16. (sct)
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Filing 159
ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR APPROVAL OF CLASS NOTICE. Signed by Judge Timothy S. Black on 5/23/2016. (mr)
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NOTICE: The Status Conference by telephone set for 5/26/2016 is VACATED. (mr)
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Filing 158
Unopposed MOTION for Order to Approve Class Notice by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. Responses due by 6/13/2016 (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D) (Blood, Timothy)
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NOTICE of Hearing: The Final Pretrial Conference is set for 10/10/2017 at 10:00 a.m. in the Cincinnati Chambers, Room 815. Jury Trial set to commence on 10/16/2017 at 9:00 a.m. in Cincinnati Courtroom #1, Room 805, before Judge Timothy S. Black. (mr)
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Filing 157
AMENDED CALENDAR ORDER: Motion for approval of class notice: May 20, 2016. Status conference by telephone: May 26, 2016 at 2:00 p.m. Primary expert designations: December 2, 2016. Rebuttal expert designations: January 20, 2017. Status conference by telephone: January 23, 2017 at 11:30 a.m. Discovery deadline: March 31, 2017. Dispositive motion and Daubert motion deadline: April 28, 2017. Lay witness disclosures: July 15, 2017. Final pretrial conference in Cincinnati Chambers, Room 815: October 2017. Jury Trial in Cincinnati: October 2017. Signed by Judge Timothy S. Black on 4/26/2016. (mr) Modified entry text to correct year (separate notice of hearing to be filed for FPTC and Trial dates) on 5/5/2016 (mr).
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Minute Entry and Notation Order: This civil action came on before the Court for a second Preliminary Pretrial Conference on 4/26/16 at 11:30 a.m. Attorneys Timothy Blood, Thomas O'Reardon, David Futscher, Jeffrey Ireland, Erin Rhinehart, and Diane Sullivan participated. Counsel shall propose an October trial date forthwith via email to chambers (black_chambers@ohsd.uscourts.gov), copy opposing counsel. A calendar will issue by separate Order. IT IS SO ORDERED. (mr)
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Filing 156
ORDER granting Motions for Leave to Appear Pro Hac Vice of Allison M. Brown, Diane P. Sullivan, and Adam S. Tolin. (Docs. #151 , #152 , #153 ). Signed by Judge Timothy S. Black on 4/22/2016. (mr)
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Filing 155
NOTICE by Defendant Procter & Gamble Company Notice of Withdrawal of Joanne Lichtman, Nicole Skolout and Gilbert Keteltas (Ireland, Donald)
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Filing 154
NOTICE OF BRIAN WRIGHT TO WITHDRAW AND SUBSTITUTION OF COUNSEL (Erin E. Rhinehart substituting as additional trial counsel) by Defendant Procter & Gamble Company. (Ireland, Donald) Modified text to reflect substituting counsel on 4/22/2016 (mr).
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Filing 153
MOTION for Leave to Appear Pro Hac Vice of Adam S Tolin (Filing fee $ 200, receipt number 0648-5469848) by Defendant Procter & Gamble Company. Responses due by 5/16/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ireland, Donald)
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Filing 152
MOTION for Leave to Appear Pro Hac Vice of Diane P. Sullivan (Filing fee $ 200, receipt number 0648-5469834) by Defendant Procter & Gamble Company. Responses due by 5/16/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ireland, Donald)
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Filing 151
MOTION for Leave to Appear Pro Hac Vice of Allison M. Brown (Filing fee $ 200, receipt number 0648-5469820) by Defendant Procter & Gamble Company. Responses due by 5/16/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ireland, Donald)
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Filing 150
RULE 26(f) REPORT Second Amended Rule 26(f) Report of Parties by Defendant Procter & Gamble Company, Plaintiffs. (Ireland, Donald) Modified to include plaintiffs as filers on 4/21/2016 (eh).
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Filing 149
USCA Mandate (Court of Appeals Case No. 14-4088). (mr)
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Filing 148
Notice from Supreme Court of the United States. The petition for a writ of certiorari was denied on 3/28/2016. (mr)
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NOTATION ORDER: A Preliminary Pretrial Conference is set before Judge Timothy S. Black on 4/26/16 at 11:30 a.m. Counsel SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall meet and confer and file an amended 26(f) report. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at http:// http://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED by Judge Timothy S. Black on 3/30/2016. (mr)
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Filing 147
U.S. SUPREME COURT LETTER: Case no. 15-835; Petition for writ of certiorari was filed on 12/28/2015 and placed on the docket 12/30/2015. (er)
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Filing 146
USCA ORDER - Upon consideration of motion to stay mandate, It is ORDERED that the mandate be stayed to allow appellant time to file a petition for a writ of certiorari, and thereafter until the Supreme Court disposes of the case, but shall promptly issue if the petition is not filed within ninety days from the date of final judgment by this court (pb)
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Filing 145
USCA OPINION and JUDGMENT affirming the judgment of the district court granting class certification. Mandate to issue. (sct) Modified to include mandate language on 8/24/2015 (mr).
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Filing 144
Unopposed MOTION to Stay Pending Resolution of the Appeal of the Order Granting Class Certification by Defendant Procter & Gamble Company. (Ireland, Donald)
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NOTATION ORDER: This civil action is before the Court on the Unopposed Motion of Defendant The Proctor & Gamble Company to Extend Stay Pending Resolution of the Appeal of the Order Granting Class Certification. (Doc. #144 ). For good cause shown, Defendant's motion is GRANTED. This case is STAYED pending resolution of Defendant's appeal by the Court of Appeals. IT IS SO ORDERED by Judge Timothy S. Black on 11/10/2014. (mr1)
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Filing fee for Interlocutory Appeal: $ 505.00, receipt number 100CIN023497 (sct1)
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Filing 143
USCA Order granting Procter & Gamble's Rule 23(f) petition for interlocutory review of the district court's order certifying five class actions. (sct1)
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Filing 142
Unopposed MOTION to Stay Action Pending Resolution of Rule 23(f) Petition and Any Subsequent Appeal by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ireland, Donald)
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NOTATION ORDER: This civil action is before the Court on Defendant's Unopposed Motion to Stay Action Pending Resolution of Rule 23(f) Petition and Any Subsequent Appeal. (Doc. #142 ). For good cause shown, the motion is GRANTED. This case is STAYED pending resolution of Defendant's petition for permission to appeal the Order granting class certification. IT IS SO ORDERED by Judge Timothy S. Black on 7/8/2014. (mr1)
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Filing 141
Transcript of Proceedings (Motion to Certify as a Class Action) held on Monday, May 5, 2014, before Judge Timothy S. Black. 111 pages. Court Reporter/Transcriber Jodie Perkins (Official), Telephone number 513-564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/22/2014. Redacted Transcript Deadline set for 8/1/2014. Release of Transcript Restriction set for 9/29/2014. (mr1)
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Filing 140
ORDER GRANTING PLAINTIFFS' MOTION FOR RULE 23 CLASS CERTIFICATION (Doc. 110 ). Signed by Judge Timothy S. Black on 6/19/2014. (mr1) Modified restriction on 6/25/2014 (mr1).
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Filing 139
*** VACATED per 7/8/14 Notation Order *** AMENDED CALENDAR ORDER: Disclosure of Lay Witness: 7/25/2014. Disclosure of Primary Expert Witnesses: 7/25/2014. Disclosure of Rebuttal Expert Witnesses: 8/29/2014. Discovery deadline: 9/15/2014. Dispositive Motion deadline: 9/22/2014. Status Conference by telephone: 10/20/2014 at 10:30 a.m. Final Pretrial Conference in Cincinnati Chambers, Room 815: 1/20/2015 at 10:30 a.m. Jury Trial in Cincinnati: 1/26/2015 at 9:30 a.m. Signed by Judge Timothy S. Black on 5/29/2014. (mr1) Modified text to reflect update of calendar status on 9/23/2014 (mr1).
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Filing 138
Joint MOTION to Continue Certain Pretrial Deadlines by Defendant Procter & Gamble Company. (Ireland, Donald)
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Minute Entry: This civil action came before the Court for a hearing for class certification on 5/5/14 at 1:30 p.m. Attorneys for Plaintiffs: Tim Blood, Tom O'Reardon and David Futchser; Attorneys for Defendant: Jeff Ireland, Joanne Lichtman, Nicole Skolout and Brian Wright. Argument was heard. The Court takes the motion under advisement. (Court Reporter Jodie Perkins (Official).) (mr1)
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NOTATION ORDER: This case is before the Court on Plaintiffs' Motion to Seal Re: (1) Portions of Plaintiffs' Reply in Support of Class Certification; and (2) Select Exhibits to the Declaration of Thomas J. OReardon II (Doc. #134 ). For good cause shown, this motion is hereby GRANTED. Plaintiffs shall file their reply and exhibits forthwith. IT IS SO ORDERED by Judge Timothy S. Black on 4/28/2014. (mr1)
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Filing 136
NOTICE of Manual Filing of documents under seal re 137 Reply to Response to Motion re: re Motion for Class Certification 110 by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos (Futscher, David) Modified text to update detail and create links on 5/2/2014 (mr1).
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Filing 135
*** Redacted *** REPLY to Response to Motion re 110 Motion for Class Certification filed by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Affidavit of Thomas J. O'Reardon II in Support of Motion for Class Certification, #2 Exhibit 1-7 to O'Reardon Declaration, #3 Exhibit 8-42 to O'Reardon Declaration) (Futscher, David) Modified to create link and edit text for clarity on 4/28/2014 (mr1).
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Filing 134
MOTION to Seal re (1) Portions of Plaintiffs' Reply in Support of Class Certification; and (2) Select Exhibits to the Declaration of Thomas J. O'Reardon II by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Futscher, David)
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Filing 133
DEPOSITION of Srinadh Komanduri, M.D., M.S. taken on 3/6/2014 by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 132
DEPOSITION of Leo Jarzembowski taken on 12/3/2013 by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 131
DEPOSITION of Tracey Burns taken on 12/13/2013 by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 130
DEPOSITION of Dino Rikos taken on 11/25/2013 by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 129
NOTICE of Filing Deposition Transcripts by Defendant Procter & Gamble Company (Ireland, Donald) Modified docket text on 4/28/2014 (eh1).
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Filing 128
NOTICE of Supplemental Authority in Support re: Plaintiffs' Motion for Class Certification 110 by Defendant Procter & Gamble Company re #113 Response (non motion) (Attachments: #1 Exhibit, #2 Exhibit) (Ireland, Donald) Modified text to create links and add title detail on 4/21/2014 (mr1).
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NOTICE of Hearing: The hearing on motion for class certification set for 4/30/14 is VACATED and RESCHEDULED for 5/5/14 at 1:30 p.m. in Cincinnati Courtroom #1, Room 805, before Judge Timothy S. Black. (mr1)
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* Please disregard * NOTICE of Hearing:: The hearing on motion for class certification set for 4/14/2014 at 1:00 p.m. WILL BE HELD in Cincinnati Courtroom 1, Room 805 before Judge Timothy S. Black. (mr1) Modified text for detail on 4/10/2014 (mr1).
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Filing 122
NOTICE by Defendant Procter & Gamble Company re #116 Redacted Document, #113 Response (non motion), #121 Order on Motion to Seal, #117 Redacted Document, #118 Redacted Document, #114 Redacted Document, Notice of Manual Filing (Ireland, Donald)
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Filing 121
ORDER GRANTING DEFENDANT PROCTER & GAMBLE COMPANY'S MOTION TO SEAL PORTIONS OF MEMORANDUM IN OPPOSITION #112 TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND RELATED DOCUMENTS AND EXHIBITS 110 . Signed by Judge Timothy S. Black on 3/31/2014. (mr1)
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DVD re #119 Notice of Manual Filing received by clerk and forwarded to the chambers of Judge Timothy S. Black. (eh1)
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Filing 120
CERTIFICATE OF SERVICE by Defendant Procter & Gamble Company re #116 Redacted Document, #113 Response (non motion), #117 Redacted Document, #118 Redacted Document, #114 Redacted Document, #115 Redacted Document (Ireland, Donald)
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Filing 119
NOTICE OF MANUAL FILING - exhibit 7 - a disk containing video files re: Declaration of Nicole A. Skolout #114 re #113 Response in Opposition re Motion for Class Certification 110 by Defendant Procter & Gamble Company (Ireland, Donald) Modified text for clarity and to create links on 3/31/2014 (mr1).
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Filing 118
REDACTION Declaration of Monica Penagos re #113 Response in Opposition by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 117
REDACTION Declaration of David Lacy re #113 Response in Opposition by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 116
REDACTION Declaration of Dr. Solomon re #113 Response in Opposition by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 115
Declaration of Dr. Merenstein re #113 Response in Opposition by Defendant Procter & Gamble Company. (Ireland, Donald) Modified on 3/28/2014 (lk).
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Filing 114
Declaration of Nicole A. Skolout re #113 Response in Opposition by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit Exhibits 1-8, #2 Exhibit Exhibits 9-28, #3 Exhibit Exhibit 29, #4 Exhibit Exhibits 30-48, #5 Exhibit Exhibits 49-68, #6 Exhibit Exhibits 69-81) (Ireland, Donald) Modified on 3/28/2014 (lk).
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Filing 113
RESPONSE IN Opposition re Plaintiffs' Motion for Class Certification 110 by Defendant Procter & Gamble Company. (Ireland, Donald) Modified text to edit for clarity and add link on 3/31/2014 (mr1).
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Filing 112
MOTION to Seal Portions of Memorandum In Opposition to Plaintiffs' Motion for Class Certification and Related Documents and Exhibits by Defendant Procter & Gamble Company. (Wright, Brian)
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Filing 111
Unopposed MOTION to Continue Class Certification Deadlines by Defendant Procter & Gamble Company. (Ireland, Donald)
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NOTATION ORDER: This civil action is before the Court on Defendant's Unopposed Motion to Continue Class Certification Deadlines (Doc. #111 ). As it is unopposed and for good cause shown, this motion is hereby GRANTED. Defendant shall file its memorandum contra Plaintiffs' Motion for Class Certification on or before 3/28/14. Plaintiffs shall file their reply in support of their Motion for Class Certification on or before 4/25/14. The Court will hold a hearing on Plaintiffs' Motion for Class Certification on 4/30/14 at 10:00 a.m. IT IS SO ORDERED by Judge Timothy S. Black on 2/11/2014. (mr1)
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Per Notation Order dated 2/11/2014: Set/Reset Deadlines as to 110 SEALED MOTION. Responses due by 3/28/2014; Replies due by 4/25/2014. (mr1)
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Filing 109
NOTICE of Manual Filing Under Seal re Plaintiffs' Motion for Class Certification 110 by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Futscher, David) Modified text for clarity on 1/15/2014 (mr1).
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NOTATION ORDER: This case is before the Court on Plaintiffs' Motion to Seal Re: (1) Portions of Plaintiffs' Memorandum in Support of Class Certification; and (2) Exhibits to the Declarations of Timothy G. Blood (Doc. #107 ). For good cause shown, this motion is hereby GRANTED. IT IS SO ORDERED by Judge Timothy S. Black on 1/14/2014. (mr1)
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Filing 108
REDACTION Plaintiffs' Motion and Memorandum in Support of Motion for Class Certification by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Affidavit of Timothy G. Blood in Support of Motion for Class Certification, #2 Exhibit 1-2 to Blood Declaration, #3 Exhibit 2-7, #4 Exhibit 7-15, #5 Exhibit 15-38, #6 Exhibit 39-59, #7 Exhibit 59-62, #8 Affidavit of Srinadh Komanduri, MD, MS in Support of Plaintiffs' Motion for Class Certification, #9 Exhibit A to Komanduri Declaration) (Futscher, David)
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Filing 107
MOTION to Seal re (1) Portions of Plaintiffs' Memorandum in Support of Class Certification; and (2) Exhibits to the Declaration of Timothy G. Blood by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Futscher, David)
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Filing 106
NOTICE of Change of Address by David A Futscher (Futscher, David)
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Filing 105
*** Vacated - See Amended Calendar Order #139 **** AMENDED CALENDAR ORDER: This civil action is before the Court on the parties' Joint Motion to Continue Pretrial Deadlines and Trial Date (Doc. #104 . As it is a joint motion and for good cause shown, the motion is GRANTED. The Court hereby enters the following Amended Calendar: Motion for class certification: 1/13/14. Class certification memorandum contra: 3/14/14. Class certification reply memorandum: 4/11/14. Hearing on motion for class certification: 4/14/14 at 1:00 p.m. Disclosure of lay witnesses: 6/13/14. Disclosure of primary expert witnesses: 6/13/14. Disclosure of rebuttal expert witnesses: 7/18/14. Discovery deadline: 8/4/14. Dispositive motion deadline: 8/11/14. Status conference by telephone: 9/15/14 at 10:00 a.m. Final pretrial conference in Cincinnati Chambers, Room 815: 12/1/14 at 10:00 a.m. Jury Trial in Cincinnati: 12/8/14 at 9:30 a.m. Signed by Judge Timothy S. Black on 10/28/2013. (mr1) Modified on 10/30/2013 (mr1). Modified text to reflect status on 5/29/2014 (mr1).
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Filing 104
Joint MOTION to Continue Pretrial Deadlines and Trial Date by Defendant Procter & Gamble Company. (Wright, Brian)
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Filing 103
ORDER COMPELLING DISCOVERY - Plaintiffs are ORDERED to produce, on or before 9/30/2013, all information sought in the interrogatories and document requests at issue, insofar as it relates to Plaintiffs digestive health and for the narrowed time period from shortly before use of Align to shortly after its use. Signed by Judge Timothy S. Black on 8/30/2013. (mr1)
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Minute Entry and NOTATION ORDER: This civil action came before the Court for an informal discovery dispute conference by telephone on 8/27/13 at 4:00 p.m. Attorneys Timothy Blood, David Futscher, Brian Wright, Donald Ireland, Joanne Lichtman, and Nicole Skolout participated. Plaintiff will submit citations to additional caselaw supporting its position to Chambers email (black_chambers@ohsd.uscourts.gov) forthwith. IT IS SO ORDERED. (mr1)
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NOTATION ORDER: Pursuant to Local Rule 37.1 and at Defendant's request, this case is set for informal discovery dispute conference by telephone on 8/27/13 at 1:30 p.m. COUNSEL SHALL CALL 1-888-684-8852 and use the following codes: Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Prior to the conference, by 8/27/13 at 10:00 a.m., counsel for Plaintiffs and counsel for Defendant shall each email to chambers (black_chambers@ohsd.uscourts.gov) and to each other a 1-2 page explanation of the dispute. IT IS SO ORDERED by Judge Timothy S. Black on 8/26/2013. (mr1)
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NOTICE of Hearing: The informal discovery dispute conference by telephone set on 8/27/2013 HAS A TIME CHANGE to 4:00 p.m. before Judge Timothy S. Black. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
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Filing 102
*** Vacated - See Doc. #105 Amended Calendar Order *** AMENDED CALENDAR ORDER: Motion for class certification: 11/18/13. Class certification memorandum contra: 1/22/14. Class certification reply memorandum: 2/19/14. Hearing on Motion for class certification: 3/4/14 at 11:00 a.m. Disclosure of lay witness: 4/1/14. Disclosure of primary expert witnesses: 4/1/14. Disclosure of rebuttal witnesses: 4/30/14. Discovery Deadline: 5/16/14. Dispositive motion deadline: 5/23/14. Status conference: 6/9/14 at 10:00 a.m. Final pretrial conference in Cincinnati Chambers, Room 815: 9/22/14 at 10:00 a.m. Jury Trial: 9/29/14 at 9:30 a.m. Signed by Judge Timothy S. Black on 8/23/2013. (mr1) Modified to edit update detail on 10/28/2013 (mr1).
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Filing 101
Joint MOTION to Continue Certain Pretial Deadlines by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Text of Proposed Order) (Futscher, David)
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Filing 100
SUPPLEMENTAL STIPULATED PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 6/27/2013. (mr1)
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Filing 99
*** Amended - please see Doc. #102 *** AMENDED CALENDAR ORDER: Motion for class certification: 9/16/2013. Class certification memorandum contra: 11/15/2013. Class certification reply memorandum: 12/30/2013. Hearing on motion for class certification: 1/14/2014 at 10:00 a.m. Disclosure of lay witnesses: 3/11/2014. Disclosure of primary expert witnesses: 3/11/2014. Disclosure of rebuttal expert witnesses: 4/30/2014. Discovery deadline: 5/16/2014. Dispositive motion deadline: 5/23/2014. Status conference by telephone: 6/9/2014 at 10:00 a.m. Final pretrial conference inCincinnati Chambers, room 815: 9/22/2014 at 10:00 a.m. Jury Trial in Cincinnati: 9/29/2014 at 9:30 a.m. Signed by Judge Timothy S. Black on 4/17/2013. (mr1) Modified on 8/23/2013 (mr1).
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Minute Entry: This civil action came on before the Court for a status conference by telephone on 4/17/13 at 10:00 a.m. Attorneys David Futscher, Brian Wright, Gilbert Keteltas, Joanne Lichtman, and Nicole Skolout participated. An amended calendar order will issue by separate entry. (mr1)
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Filing 98
Joint MOTION to Continue Status Conference by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos, Defendant Procter & Gamble Company. (Ireland, Donald)
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NOTATION ORDER: This civil action is before the Court on the parties' joint motion to reschedule status conference (Doc. #98 ). As this is a joint motion and for good cause shown, the motion is hereby GRANTED. The status conference scheduled for 3/27/13 is hereby vacated and RESCHEDULED for 4/17/13 at 2:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. COUNSEL SHALL EMAIL (black_chambers@ohsd.uscourts.gov) a proposed calendar on or before 4/16/13. IT IS SO ORDERED by Judge Timothy S. Black on 3/25/2013. (mr1)
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Minute Entry/Notation Order: This civil action came on before the Court for a status conference by telephone on 3/1/12 at 1:30 p.m. Attorneys David Futscher, Thomas O'Reardon, Timothy Blood, Brian Wright, Jeffrey Ireland, and Filbert Keteltas participated. COUNSEL SHALL EMAIL (black_chambers@ohsd.uscourts.gov) a proposed calendar on or before 3/26/13. This case is set for an additional status conference by telephone on 3/27/13 at 2:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED by Judge Timothy S. Black on 3/1/2013. (mr1)
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Filing 97
STATUS REPORT by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 96
STATUS REPORT by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Futscher, David)
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Filing 95
STIPULATED ORDER REGARDING PRESERVATION, SEARCH, REVIEW AND PRODUCTION OF PHYSICAL DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Judge Timothy S. Black on 2/4/2013. (Attachments: #1 Exhibits A, B and C to Stipulated Discovery Protocol) (mr1) (Additional attachment(s) added on 2/5/2013: #1 Exhibits A, B and C) (mr1). Modified to reload files for entry and regenerate NEF on 2/5/2013 (mr1).
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Filing 94
ORDER THAT DEFENDANT'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS PURSUANT TO RULE 12(c) AND MOTION TO DISMISS PURSUANT TO RULE 12(h)(3) AS TO CERTAIN CLAIMS ONLY (Doc. #90 ) IS GRANTED. Signed by Judge Timothy S. Black on 1/30/2013. (mr1)
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Filing 93
REPLY to Response to Motion re #90 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(h)(3) filed by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 92
RESPONSE in Opposition re #90 MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos. (Attachments: #1 Exhibit A) (Futscher, David)
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Filing 91
STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT. Signed by Judge Timothy S. Black on 12/4/12. (mr1)
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Filing 90
MOTION for Judgment on the Pleadings Partial Judgment on the Pleadings, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 12/24/2012) by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 89
*** Vacated See Amended Calendar Order #99 *** CALENDAR ORDER: Motions directed to the pleadings: 11/30/2012. Status conference by telephone: 3/1/2013 at 1:30 p.m. Motion for class certification deadline: 4/1/2013. Disclosure of lay witnesses: 5/15/2013. Class certification memorandum contra deadline: 5/31/2013. Disclosure of primary expert witnesses: 7/1/2013. Class certification reply memorandum deadline: 7/15/2013. Hearing on motion for class certification: 7/31/2013 at 10:00 a.m. in Courtroom #3, Room 836. Disclosure of rebuttal expert witnesses: 8/30/2013. Discovery deadline: 10/1/2013. Dispositive motion deadline: 10/15/2013. Status conference by telephone: 12/16/2013 at 10:00 a.m. Final pretrial conference in Cincinnati Chambers, Room 815: 4/7/2014 at 10:00 a.m. Jury Trial in Cincinnati: 4/14/2014 at 9:30 a.m. Signed by Judge Timothy S. Black on 10/2/12. (mr1) Modified to edit text for detail on 4/17/2013 (mr1).
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Minute Entry: This civil action came on before the Court for a renewed preliminary pretrial conference by telephone on 10/2/12 at 10:45 a.m. Attorneys Timothy Blood, Thomas O'Reardon, David Futscher, Alex Tomasevic, Jeffrey Ireland, Brian Wright, and Gilbert Keteltas participated. A calendar order will issue by separate entry. (mr1)
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NOTICE of Hearing: The Preliminary Pretrial Conference set for 9/28/2012 is VACATED and RESCHEDULED for 10/2/2012 at 10:45 a.m. before Judge Timothy S. Black. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
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Filing 88
RULE 26(f) REPORT Amended Rule 26(f) Report of Parties by Plaintiffs Tracey Burns, Leo Jarzembrowski, Dino Rikos, Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A. Schedule) (Ireland, Donald)
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Filing 87
NOTICE of Change of Address by Patricia N Syverson (Syverson, Patricia)
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Filing 86
ANSWER to #85 Amended Complaint filed by Procter & Gamble Company. (Ireland, Donald)
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NOTATION ORDER: A Scheduling Conference by telephone is set for 9/28/2012 at 12:30 p.m. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Counsel shall also confer and file an Amended Rule 26(f) Report 7 DAYS PRIOR to the Scheduling Conference. IT IS SO ORDERED BY Judge Timothy S. Black on 8/20/2012. (mr1)
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Filing 85
Second AMENDED CLASS ACTION COMPLAINT with Jury Demand against Procter & Gamble Company, filed by Dino Rikos. (Futscher, David) Modified to edit text for clarity (add jury demand) on 8/20/2012 (mr1).
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Filing 84
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE THE SECOND AMENDED CLASS ACTION COMPLAINT (DOC. #77 ). Plaintiffs shall file the Second AmendedComplaint within seven days from the date of this order. Signed by Judge Timothy S. Black on 8/14/12. (mr1)
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Filing 83
NOTICE by Plaintiff Dino Rikos re #81 Reply to Response to Motion Corrected Argument (Futscher, David)
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Filing 82
MOTION for Leave to File a Surreply Memorandum in Support of its Opposition to Plaintiffs' Motion for Leave to File a Second Amended Complaint by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit 1. Proposed Order, #2 Exhibit 2. Surreply Memorandum) (Ireland, Donald)
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Filing 81
REPLY to Response to Motion re #77 MOTION for Leave to File Second Amended Class Action Complaint (Futscher, David)
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Notation Order: The Calendar Order (Doc. #57 ) is VACATED. The Court will establish a new Calendar Order, within 30 days of ruling on the pending Motion for Leave to File a Second Amended Class Action Complaint (Doc. #77 ). IT IS SO ORDERED by Judge Timothy S. Black on 5/17/12. (mr1)
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Filing 80
ORDER granting Joint Motion to Vacate Pretrial Deadlines Pending Discovery Stay #79 . Notation Order to follow. Signed by Judge Timothy S. Black on 5/15/2012. (Stanton, Caroline)
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Filing 79
Joint MOTION to Vacate Pretrial Deadlines Pending Discovery Stay by Plaintiff Dino Rikos. (Futscher, David)
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Filing 78
RESPONSE in Opposition re #77 MOTION for Leave to File Second Amended Class Action Complaint filed by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit 1) (Ireland, Donald)
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Filing 77
MOTION for Leave to File Second Amended Class Action Complaint by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A Secpmd Amended Class Action Complaint) (Futscher, David)
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Minute Entry and Notation Order: This case came before the Court for a status conference by telephone on 4/13/12 at 3:00 p.m. Attorneys David Futscher, Thomas O'Reardon, and Timothy Blood participated on behalf of Plaintiff. Attorneys Brian Wright, Jeffrey Ireland, Gilbert Keteltas, and Joanne Lichtman attended on behalf of the Defendant. On 2/28/12 the Court issued an Order striking Plaintiff's class claims and granting Plaintiff 30 days to seek leave to amend the complaint. (Doc. #71 ). Plaintiff filed their Second Amended Complaint (Doc. 74 ) on 3/29/12 without first seeking leave of the Court. Therefore, Plaintiff's Second Amended Complaint is STRICKEN. Plaintiff may file a motion for leave to amend the complaint by 4/18/12. The parties may then submit responsive memoranda in accordance with the provisions of S.D. Ohio Civ. R. 7.2. IT IS SO ORDERED by Judge Timothy S. Black. (mr1)
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NOTICE of Hearing: A Status Conference by telephone is set for 4/13/2012 at 3:00 p.m. before Judge Timothy S. Black. Counsel shall call 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. (mr1)
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Filing 76
ORDER granting #73 Motion for Leave to Appear Pro Hac Vice of Gilbert S. Keteltas. Signed by Judge Timothy S. Black on 4/3/12. (mr1)
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Filing 75
Pro Hac Vice Filing Fee Received Re:(Doc. #73 ), $ 200.00, receipt number 300DAY008691. (cib1)
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Filing 74
*** STRICKEN per Minute Entry and Notation Order dated 4/13/12 *** AMENDED COMPLAINT Second Amended Class Action Complaint against Procter & Gamble Company, filed by Dino Rikos. (Blood, Timothy) Modified to edit text on 4/13/2012 (mr1).
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Filing 73
MOTION for Leave to Appear Pro Hac Vice of Gilbert S. Keteltas (Filing fee $ 200) by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Ireland, Donald)
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Filing 72
NOTICE by Defendant Procter & Gamble Company of Withdrawal of Counsel (Ireland, Donald)
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Filing 71
ORDER granting #58 Motion to Strike the Class Allegations in the First Amended Complaint (Doc. #9 .) Accordingly, Plaintiff is granted leave to move to amend the complaint within 30 days of entry of this Order. Signed by Judge Timothy S. Black on 2/28/12. (mr1)
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Minute Entry: This case came before the Court for a status conference by telephone on 2/15/12 at 10:00 a.m. Attorneys Timothy Blood, David Futscher, and Thomas O'Reardon participated on behalf of the Plaintiff. Attorneys Joanne Caruso, Jeffrey Ireland, and Brian Wright participated on behalf of the Defendant. Counsel presented arguments to the Court on Defendant's Pending Motion to Strike the Class Allegations of the First Amended Complaint (Doc. #58 ). (Court Reporter Jodie Perkins (Official).) (mr1)
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Filing 70
Supplemental Memorandum Supporting re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint by Defendant Procter & Gamble Company. (Ireland, Donald)
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Notation Order: For good cause shown, Defendant Procter & Gamble's #69 Motion for Leave to File a Sur-Surreply in support of its Motion to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint is hereby GRANTED. Defendant shall file its memorandum no later than Tuesday, February 14, 2012. Signed by Judge Timothy S. Black on 2/13/12. (lk)
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Filing 69
MOTION for Leave to File a Sur-Surreply Memorandum in Support of its Motion to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit 1. Proposed Order) (Ireland, Donald)
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Filing 68
Supplemental Memorandum Opposing re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint filed by Plaintiff Dino Rikos. (Blood, Timothy)
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Filing 67
NOTICE of Change of Address by Timothy Gordon Blood (Blood, Timothy)
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Notice of Correction re: #66 MOTION TO FILE SUR-REPLY IN SUPPORT OF OPPOSITION re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint. Counsel please note that the wrong event was used at the time of docketing - this document was incorrectly filed as the sur-reply. The entry has been adjusted to be a MOTION. (mr1)
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NOTATION ORDER: This case is before the Court on Plaintiff's Motion for Leave to File a Sur-reply (Doc. #66 ). For good cause shown, the motion is GRANTED. Plaintiff shall file its sur-reply by February 8, 2012. IT IS SO ORDERED by Judge Timothy S. Black on 2/1/12. (mr1)
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Filing 66
MOTION TO FILE SUR-REPLY IN SUPPORT OF OPPOSITION re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint filed by Plaintiff Dino Rikos. (Blood, Timothy) Modified to edit text and adjust to motion event on 2/1/2012 (mr1).
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Filing 65
ORDER GRANTING DEFENDANT'S MOTION TO STAY DISCOVERY (Doc. #59 ). Signed by Judge Timothy S. Black on 1/31/2012. (mr1)
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Filing 64
REPLY to Response to Motion re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint filed by Defendant Procter & Gamble Company. (Ireland, Donald)
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NOTICE of Hearing: The Status Conference by telephone set for 2/16/2012 is VACATED and RESCHEDULED for 2/15/2012 at 10:00 a.m. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
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Filing 63
RESPONSE in Opposition re #58 MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint filed by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Blood, Timothy)
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Filing 62
REPLY to Response to Motion re #59 MOTION to Stay Discovery Pending a Ruling on Defendant's Motion to Strike Class Allegations filed by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Ireland, Donald)
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Filing 61
RESPONSE in Opposition re #59 MOTION to Stay Discovery Pending a Ruling on Defendant's Motion to Strike Class Allegations filed by Plaintiff Dino Rikos. (Blood, Timothy)
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Filing 60
MOTION to Expedite Briefing Schedule on Motion to Stay Discovery Pending a Ruling on Defendant's Motion to Strike Class Allegations by Defendant Procter & Gamble Company. (Ireland, Donald)
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Filing 59
MOTION to Stay Discovery Pending a Ruling on Defendant's Motion to Strike Class Allegations by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Ireland, Donald)
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Filing 58
MOTION to Strike the Class Allegations in Plaintiff's First Amended Class Action Complaint by Defendant Procter & Gamble Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (Ireland, Donald)
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Filing 57
CALENDAR ORDER: Plaintiff's deadline to file its motion for leave to file a supplemental complaint: 12/1/2011. Deadline for filing motions directed to pleadings: 1/16/2012. Status Conference by telephone: 2/16/2012 at 1:00 pm. Deadline for Motion for Class Certification: 5/15/2012. Deadline for Opposition to Motion for Class Certification: 7/16/2012. Disclosure of Lay Witnesses: 7/31/2012. Disclosure of expert witnesses: 8/15/2012. Deadline for Reply on Motion for Class Certification: 8/31/2012. Disclosure of rebuttal experts and reports: 9/14/2012. Class Certification Hearing in Cincinnati: 9/28/2012 at 9:30 am. Discovery deadline: 1/31/2013. Dispositive motion deadline: 3/15/2013. Status Conference by telephone: 4/15/2013 at 1:00 pm. Final Pretrial Conference in Cincinnati Chambers, Room 815: 7/1/2013 at 10:00 AM. Jury Trial: 7/15/2013 at 9:30 am. Signed by Judge Timothy S. Black on 11/15/11. (mr1)
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Minute Entry: This case came on for a Preliminary Pretrial Conference by telephone on 11/15/11 at 10:00 a.m. Attorneys Timothy Blood, David Futscher, and Thomas O'Reardon participated on behalf of the Plaintiff. Attorneys Joanne Caruso, Jeffrey Ireland, and Brian Wright participated on behalf of the Defendant. The Court will enter a Calendar Order. (mr1)
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Filing 56
RULE 26(f) REPORT of Parties by Defendant Procter & Gamble Company, Plaintiff Dino Rikos. (Attachments: #1 Exhibit A) (Ireland, Donald)
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NOTICE of Hearing: A Preliminary Pretrial Conference is set before Judge Timothy S. Black for November 15, 2011 at 10:00 a.m. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. (mr1)
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Filing 55
ORDER - The Preliminary Pretrial Conference set for July 11, 2011 is hereby VACATED, and the parties jointly agree that they will proceed as follows: Defendants shall provide information requested for mediation: June 30, 2011; Mediator selected: July 15, 2011; Mediation shall be concluded: September 30, 2011; The parties shall email a joint report to chambers regarding the status of settlement: October 14, 2011. Signed by Judge Timothy S. Black on 6/23/11. (mr1)
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Minute Entry for proceedings held before Judge Timothy S. Black: This civil action came before the Court for a telephone status conference on 6/22/11 at 1:00 p.m. Attorneys David Futscher, Timothy Blood, Jeffrey Ireland, and Joanne Caruso participated. (mr1)
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NOTICE of Hearing: The telephone status conference set for 6/22/11 at 2:00 p.m. is VACATED and RESCHEDULED for 6/22/11 at 1:00 p.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
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NOTICE of Hearing: This civil action is set for a telephone status conference on 6/22/11 at 2:00 p.m. Counsel shall call: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. (mr1)
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NOTICE of Hearing: A Preliminary Pretrial Conference is set before Judge Timothy S. Black for 7/11/11 at 10:00 a.m. Counsel shall call 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. (mr1)
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Filing 54
ANSWER to #9 Amended Complaint filed by Procter & Gamble Company. (Ireland, Donald)
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Filing 53
ORDER granting #40 Motion for Leave to Appear Pro Hac Vice of Timothy G. Blood, granting #41 Motion for Leave to Appear Pro Hac Vice of Leslie E. Hurst; granting #42 Motion for Leave to Appear Pro Hac Vice of Thomas J. O'Reardon II; granting #44 Motion for Leave to Appear Pro Hac Vice of Craig Nicholas; granting #45 Motion for Leave to Appear Pro Hac Vice of Alex Tomasevic. Signed by Judge Timothy S. Black on 6/1/11. (lk)
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Filing 52
NOTICE by Plaintiff Dino Rikos of Filing Certificates of Good Standing (Attachments: #1 Exhibit 1-Certificate of Good Standing for Craig Nicholas, #2 Exhibit 2-Certificate of Good Standing for Alex Tomasevic) (Parry, Ronald)
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Filing 51
NOTICE by Plaintiff Dino Rikos of Filing Certificates of Good Standing (Attachments: #1 Exhibit 1 - Certificate of Good Standing for Timothy Blood, #2 Exhibit 2-Certificate of Good Standing for Leslie Hurst, #3 Exhibit 3-Certificate of Good Standing for Thomas O'Reardon) (Parry, Ronald)
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PHV Filing fee: $400.00, receipt number 100CIN011900 re: #48 Motion for PHV of Elaine Ryan and #49 Motion for PHV of Patricia Syverson (mr)
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Filing 50
ORDER granting #48 Motion for Leave to Appear Pro Hac Vice of Elaine A. Ryan ; granting #49 Motion for Leave to Appear Pro Hac Vice of Patricia N. Syverson. Signed by Judge Timothy S. Black on 5/26/11. (lk)
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Filing 49
MOTION for Leave to Appear Pro Hac Vice of Patricia Syverson (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald)
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Filing 48
MOTION for Leave to Appear Pro Hac Vice of Elaine Ryan (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald)
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Filing 47
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice of David A. Futscher. Signed by Judge Timothy S. Black on 5/23/11. (lk)
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Filing 46
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice of Joanne E. Caruso, Joanne Lichtman, and Nicole A. Skolout. Signed by Judge Timothy S. Black on 5/23/11. (lk)
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Filing 45
MOTION for Leave to Appear Pro Hac Vice of Alex Tomasevic (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald).
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Filing 44
MOTION for Leave to Appear Pro Hac Vice of Craig Nicholas (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald).
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PHV Filing fee: $400.00, receipt number 100CIN011807 re: #44 Motion for PHV for Craig Nicholas and #45 Motion for PHV for Alex Tomasevic. (mr)
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Filing 43
NOTICE by Defendant Procter & Gamble Company re #37 MOTION for Leave to Appear Pro Hac Vice of Joanne E. Caruso, Joanne Lichtman, and Nicole A. Skolout (Filing fee $ 600) Certificates of Good Standing (Attachments: #1 Exhibit A. Caruso, #2 Exhibit B. Lichtman, #3 Exhibit C. Skolout) (Ireland, Donald)
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PHV Filing fee: $800.00, receipt number 100CIN011738 re: Docs. #39 , #40 , #41 and #42 MOTIONS for pro hac vice admission. (mr)
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Filing 42
MOTION for Leave to Appear Pro Hac Vice of Thomas J. O'Reardon (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald).
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Filing 41
MOTION for Leave to Appear Pro Hac Vice of Leslie E. Hurst (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald).
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Filing 40
MOTION for Leave to Appear Pro Hac Vice of Timothy G. Blood (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald).
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Filing 39
MOTION for Leave to Appear Pro Hac Vice of David A. Futscher (Filing fee $ 200) by Plaintiff Dino Rikos. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Parry, Ronald)
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Set/Reset Deadlines: Per #38 Stipulated Extension of Time to Answer #9 First Amended Class Action Complaint - Procter & Gamble Company answer due 6/8/2011. (mr)
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Filing 38
STIPULATION re #9 Amended Complaint (Stipulated Extension of Time to Answer First Amended Class Action Complaint) - new date is June 8, 2011 by Defendant Procter & Gamble Company. (Ireland, Donald) Modified to include date detail on 5/13/2011 (mr).
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PHV (Joanne Caruso, Joanne Lictman, and Nicole Skolout) Filing fee: $ 600.00, receipt number 100CIN011649 (lk)
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Notice of Correction re #35 Notice (Other), #34 Notice of Appearance, #32 Notice of Appearance, #33 Notice of Appearance: Counsel contacted clerk and advised of filing four separate notice of appearances for four different attorneys. Clerk educated counsel that for future filings attorneys need to enter their own appearance with their username and password and PHV attorneys do not enter appearances. Clerk removed PHV attorney from docket until order from the court grants appearance. Clerk added Brian Wright to docket per #32 Notice of Appearance. (lk)
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Filing 37
MOTION for Leave to Appear Pro Hac Vice of Joanne E. Caruso, Joanne Lichtman, and Nicole A. Skolout (Filing fee $ 600) by Defendant Procter & Gamble Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Caruso Certificate of Standing, #3 Exhibit B - Lichtman Certificate of Standing, #4 Exhibit C - Skolout Certificate of Standing) (Ireland, Donald).
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Filing 36
NOTICE by Plaintiff Dino Rikos re #30 Notice of Appearance Certificate of Service (Deering, Dana)
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Filing 35
NOTICE by Plaintiff Dino Rikos re #29 Notice of Appearance Certificate of Service (Parry, Ronald)
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Filing 34
NOTICE of Appearance by Nicole A. Skolout for Defendant Procter & Gamble Company (Ireland, Donald) Modified to correct attorney name who will be updated pending ruling re #37 Motion for IFPon 5/6/2011 (mr).
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Filing 33
NOTICE of Appearance by Joanne Lichtman for Defendant Procter & Gamble Company (Ireland, Donald) Modified to correct attorney name who will be updated pending ruling re #37 Motion for IFP on 5/6/2011 (mr).
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Filing 32
NOTICE of Appearance by Brian D. Wright for Defendant Procter & Gamble Company (Ireland, Donald) Modified to edit text to correct attorney name on 5/6/2011 (mr).
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Filing 31
NOTICE of Appearance by Donald Jeffrey Ireland for Defendant Procter & Gamble Company (Ireland, Donald)
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Filing 30
NOTICE of Appearance by Dana E Deering for Plaintiff Dino Rikos (Deering, Dana).
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Filing 29
NOTICE of Appearance by Ronald Richard Parry for Plaintiff Dino Rikos (Parry, Ronald).
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Filing 28
ORDER granting in part and denying in part #10 Motion to Dismiss. Specifically, Defendant's motion is GRANTED with respect to Plaintiff's claim for injunctive relief and DENIED on all other grounds. Signed by Judge Timothy S. Black on 5/4/11. (lk)
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Filing 27
Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Leslie E. Hurst, Thomas Joseph O'Reardon, II, Timothy Gordon Blood, Alex M. Tomasevic, Craig McKenzie Nicholas, and Joanne Caruso. (mr1)
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Notice of Correction: This is to notice counsel that the party name of "The Procter & Gamble Company" was changed to reflect "Procter & Gamble Company" in accordance with Appendix B Party Naming Standards available at http://www.ohsd.uscourts.gov/cmecf.htm. No further action is required. (mr1)
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If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (mr1)
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Filing 26
Case transferred in from District of California Southern; Case Number 3:10-cv-01974. Original file electronic copy of transfer order and docket sheet received.
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Filing 25
ORDER Granting Defendant's #11 Motion to Transfer Venue to the Southern District of Ohio. Signed by Judge Roger T. Benitez on 4/13/2011. (Electronically Transferred)(knh) [Transferred from California Southern on 4/15/2011.]
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Filing 24
NOTICE of Change of Address by Joanne E Caruso (Attachments: #1 Proof of Service)(Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 23
NOTICE by Dino Rikos re #15 Response in Opposition to Motion Notice of Supplemental Authority re Motion to Dismiss (Attachments: #1 Exhibit 1)(Hurst, Leslie) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 22
NOTICE of Appearance by Alex M Tomasevic on behalf of Dino Rikos (Tomasevic, Alex) (lao). [Transferred from California Southern on 4/15/2011.]
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Filing 21
NOTICE of Appearance by Craig McKenzie Nicholas on behalf of Dino Rikos (Nicholas, Craig) (lao). [Transferred from California Southern on 4/15/2011.]
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Filing 20
Minute Order issued by the Honorable Roger T. Benitez: Submitting #10 MOTION to Dismiss First Amended Class Action Complaint, submitting #11 MOTION for Order to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. Section 1404. Court to issue Order. Motion Hearing date of 02/07/2011 10:30AM is hereby vacated. (gxr) [Transferred from California Southern on 4/15/2011.]
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Filing 19
CERTIFICATE OF SERVICE by The Procter & Gamble Company re #18 Reply to Response to Motion, #17 Reply to Response to Motion (Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 18
REPLY to Response to Motion re #11 MOTION for Order to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. Section 1404 filed by The Procter & Gamble Company. (Attachments: #1 Declaration Supplemental Declaration of Joseph P. Suarez in Support of Defendant's Motion to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. 1404)(Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 17
REPLY to Response to Motion re #10 MOTION to Dismiss First Amended Class Action Complaint filed by The Procter & Gamble Company. (Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 16
NOTICE by Dino Rikos Notice of Supplemental Authority Regarding Motion to Dismiss (Attachments: #1 Exhibit 1)(Hurst, Leslie) (jer). [Transferred from California Southern on 4/15/2011.]
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Filing 15
RESPONSE in Opposition re #10 MOTION to Dismiss First Amended Class Action Complaint filed by Dino Rikos. (Hurst, Leslie) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 14
RESPONSE in Opposition re #11 MOTION for Order to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. Section 1404 filed by Dino Rikos. (Attachments: #1 Declaration Thomas J O'Reardon II)(O'Reardon, Thomas) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 13
CERTIFICATE OF SERVICE by The Procter & Gamble Company re #11 MOTION for Order to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. Section 1404, #10 MOTION to Dismiss First Amended Class Action Complaint, #12 Notice of Party With Financial Interest (Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 12
NOTICE of Party With Financial Interest by The Procter & Gamble Company (Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 11
MOTION for Order to Transfer This Case to the Southern District of Ohio Pursuant to 28 U.S.C. Section 1404 by The Procter & Gamble Company. (Attachments: #1 Memo of Points and Authorities in Support, #2 Declaration of Joseph P. Suarez in Support, #3 Request for Judicial Notice in Support, #4 Exhibits 1-4 to Request for Judicial Notice)(Caruso, Joanne) Modified to edit text on 11/23/2010 (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 10
MOTION to Dismiss First Amended Class Action Complaint by The Procter & Gamble Company. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss)(Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 9
AMENDED COMPLAINT with Jury Demand against The Procter & Gamble Company, filed by Dino Rikos. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Blood, Timothy) (lmt). [Transferred from California Southern on 4/15/2011.]
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Filing 8
NOTICE of Appearance by Thomas Joseph O'Reardon, II on behalf of Dino Rikos (O'Reardon, Thomas) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 7
NOTICE of Appearance by Leslie E. Hurst on behalf of Dino Rikos (Hurst, Leslie) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 6
SUMMONS Returned Executed by Dino Rikos. The Procter & Gamble Company served on 9/23/2010, answer due 11/22/2010. (O'Reardon, Thomas) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 5
ORDER Granting #4 Joint Motion for Setting Dates Including Extension of Time to Respond to Operable Class Action Complaint. Plaintiff must file an Amended Complaint, if any, on or before October 27, 2010; and Defendant must file a response to the operable complaint on or before November 22, 2010. Signed by Judge Roger T. Benitez on 10/7/2010. (knh) (jrl). [Transferred from California Southern on 4/15/2011.]
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Filing 4
Joint MOTION for Extension of Time to File Answer re #1 Complaint Stipulation and Joint Motion for Setting Dates Including Extension of Time to Respond to Operable Class Action Complaint by The Procter & Gamble Company. (Attachments: #1 Proof of Service Certificate of Service)(Caruso, Joanne) (knh). [Transferred from California Southern on 4/15/2011.]
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Filing 3
Summons Issued as to The Procter & Gamble Company. (smy) [Transferred from California Southern on 4/15/2011.]
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Filing 2
AFFIDAVIT of Thomas J. O'Reardon II Pursuant to California Civil Code Section 1780(d) by Plaintiff Dino Rikos. (smy) [Transferred from California Southern on 4/15/2011.]
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Filing 1
COMPLAINT with Jury Demand against The Procter & Gamble Company (Filing fee $350, receipt number 018313), filed by Dino Rikos.(smy) (jcj). [Transferred from California Southern on 4/15/2011.]
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