IN RE: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation

Plaintiff: Stephen Kubick, Sarah McDonagh, Carmine Clemente, Ryan Markley, Samantha Kilgallen, Kathy Yeung, Josh Koffman, Mark Bilder, Chas Jackson, Kevin Grodnick, Ashley Richards, Tracey Knox, Sarah Rodhouse, Janet Woo, Barbara Trevino, Meredith Frydman, Derek Guluba and Richard Steeley
Defendant: Whole Foods Market California, Inc., Skotidakis, Inc. doing business as Skotidakis Goat Farm, WFM-WO, Inc., Whole Foods Market, Inc., WFM Private Label, L.P., Mrs. Gooch's Natural Foods Markets, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P. and Whole Foods Market Group, Inc.
Case Number: 1:2014mc02588
Filed: December 12, 2014
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Sam Sparks
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 17, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2017 Filing 108 ORDER Granting Plaintiffs' #106 Notice of Voluntary Dismissal as to Kubick. The Clerk will re-file Defendant WFMPL's Cross-Complaint #102 in Kubick v. Whole Foods Market, Inc., Case No. 1:1 4-cv- 1013 with the file date of 02/03/17. ORDER that the MDL action is DISMISSED WITH PREJUDICE as to each individual Plaintiff; ORDER that the MDL action is DISMISSED WITHOUT PREJUDICE as to the absent putative class members; ORDER that all pending motions in the MDL action are DISMISSED AS MOOT.Signed by Judge Sam Sparks. (klw)
February 17, 2017 Filing 107 ORDER GRANTING Plaintiffs' #106 Notice of Voluntary Dismissal as to Markley, Grodnick, Bilder, Rodhouse, Knox, Clemente, Richards, Jackson, Steeley and Frydman. ORDER that this action is DISMISSED WITH PREJUDICE as to each individual Plaintiff; ORDER that this action is DISMISSED WITHOUT PREJUDICE as to the absent putative class members. Signed by Judge Sam Sparks. (klw)
February 17, 2017 Certified copies of #107 Order and #108 order sent via regular mail to Jeffery N. Luthi, Clerk of the Panel, United States Judicial Panel on MDL, Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE, Room G-255, North Lobby, Washington, DC 20544-0005. (klw)
February 16, 2017 Filing 106 NOTICE of Voluntary Dismissal by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung (Wolfson, Tina)
February 6, 2017 Filing 105 ORDER GRANTING WFM Private Label L.P.'s #103 Motion for Leave to File a Confidential Document as Exhibit 1 to their #102 Crossclaim against Skotidakis, Inc. Signed by Judge Sam Sparks. (klw)
February 6, 2017 Filing 104 Letter/Correspondence from Jay William Connolly. (Attachments: #1 Courtesy copy of doc #102)(td)
February 3, 2017 Filing 103 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document, #2 Declaration of Carol Bellon, #3 Proposed Order) (Orzano, Joseph)
February 3, 2017 Filing 102 CROSSCLAIM against Skotidakis, Inc., filed by WFM Private Label, L.P.. (Attachments: #1 Exhibit 1)(Orzano, Joseph) (Additional attachment(s) added on 2/7/2017: #2 Exhibit 1) (klw).
January 24, 2017 Filing 101 Minute Entry for proceedings held before Judge Sam Sparks: Telephone Conference held on 1/24/2017 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(td)
January 12, 2017 Filing 100 ORDER, (Telephone Conference set for 1/24/2017 at 11:00 AM before Judge Sam Sparks). Signed by Judge Sam Sparks. (td)
November 11, 2016 Filing 99 NOTICE of Voluntary Dismissal by Kevin Grodnick (Gibbins, Steven)
November 8, 2016 Filing 98 ORDERED that any party file with the Court motions for summary judgmenton or before December 15, 2016. Signed by Judge Sam Sparks. (td)
November 2, 2016 Filing 97 Unopposed MOTION for Extension of Time to Complete Discovery by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Memo in Support of Unopposed Motion to Extend Discovery, #2 Proposed Order to Extend Discovery)(Wolfson, Tina)
October 28, 2016 Filing 96 AMENDED COMPLAINT Plaintiffs 3rd-- against Mrs. Gooch's Natural Foods Markets, Inc., Skotidakis, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc. amending, filed by Ryan Markley, Carmine Clemente, Stephen Kubick, Mark Bilder, Josh Koffman, Ashley Richards, Kevin Grodnick, Chas Jackson, Janet Woo, Sarah Rodhouse, Samantha Kilgallen, Derek Guluba, Meredith Frydman, Richard Steeley, Tracey Knox, Barbara Trevino, Sarah McDonagh, Kathy Yeung.(Gibbins, Steven)
October 21, 2016 Filing 95 ORDER that Plaintiffs file an unredacted version of Plaintiffs' Consolidated #51 Third Amended Complaint within TEN (10) DAYS of this order. Plaintiffs mayrequest leave to file the unredacted version under seal, if necessary. Signed by Judge Sam Sparks. (klw)
September 26, 2016 Filing 94 NOTICE of Change of Address by Charles J. LaDuca (LaDuca, Charles)
September 20, 2016 Filing 93 AFFIDAVIT in Support of #92 Response in Opposition to Motion,,, of Robert Pixley by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Orzano, Joseph)
September 19, 2016 Filing 92 Response in Opposition to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #50 MOTION For Finding Of Spoilation and For Appropriate Relief filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino (Attachments: #1 Declaration of B.J. Dunlap, #2 Declaration of Sarah McGinn, #3 Declaration of Eric Taylor)(Orzano, Joseph)
September 9, 2016 Filing 91 ORDER GRANTING Whole Foods Market Defendants' #88 Motion for Leave to File Response to Plaintiffs'Supplemental Submission in Support of Their Motion for Finding Spoliation. Signed by Judge Sam Sparks. (klw)
September 9, 2016 Filing 90 ORDER GRANTING Whole Foods Markets Defendants' #87 Motion for Leave to Seal Certain Confidential Documents made exhibits to the deposition transcripts being filed by the Plaintffs. Signed by Judge Sam Sparks. (klw)
September 8, 2016 Filing 89 DEFICIENCY NOTICE to Joseph John Orzano: re #88 MOTION for Leave to File Response to Plaintiffs' Supplemental Submission in Support of Their Motion for Finding of Spoliation . (td)
September 8, 2016 Filing 88 MOTION for Leave to File Response to Plaintiffs' Supplemental Submission in Support of Their Motion for Finding of Spoliation by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
September 1, 2016 Filing 87 Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Exhibit 1, #2 Sealed Document Exhibit 2, #3 Sealed Document Exhibit 3, #4 Declaration of Carol Bellon, #5 Proposed Order) (Orzano, Joseph)
September 1, 2016 Filing 86 Response in Opposition to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #50 MOTION For Finding Of Spoilation and For Appropriate Relief filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR FINDING OF SPOLIATION AND IN SUPPORT OF DISMISSAL OF PLAINTIFFS' CLAIMS WITH PREJUDICE (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Orzano, Joseph)
September 1, 2016 Filing 85 Memorandum in Support, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #50 MOTION For Finding Of Spoilation and For Appropriate Relief filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino Supplemental memorandum in Support of Motion for a Finding of Spoilation (Attachments: #1 Exhibit Deposition Cimbala, #2 Exhibit Deposition Castro, #3 Exhibit Deposition Skotidakis, #4 Exhibit Exhibits D-G, #5 Affidavit Certificate of Service)(Gibbins, Steven)
July 29, 2016 Filing 84 Transcript filed of Proceedings held on June 24, 2016, Proceedings Transcribed: All Pending Matters. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/19/2016, Redacted Transcript Deadline set for 8/29/2016, Release of Transcript Restriction set for 10/27/2016, (Reznik, Lily)
July 20, 2016 Filing 83 Stipulated CONFIDENTIALITY and PROTECTIVE ORDER. Signed by Judge Sam Sparks. (Attachments: #1 Exhibit A)(klw)
July 12, 2016 Filing 82 Joint MOTION for Protective Order AND CONFIDENTIALITY by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
June 29, 2016 Filing 81 ORDER to Hold in Abeyance Plaintiff's #50 Motion for Finding of Spoliation and for Appropriate Relief; ORDER to Hold in Abeyance Defendants' #62 Motion to Dismiss the Third Amended Consolidated Complaint; ORDER to Hold in Abeyance Whole Foods Defendants' #62 Motion to Dismiss the Third Amended Consolidated Complaint; ORDER Dismissing as Moot Defendant Skotidakis' #64 Motion to Dismiss, or Alternatively, to Quash Service of Process; ORDER Dismissing Without Prejudice Plaintiffs' #66 Motion to Stay Certain Proceedings toPermit Expedited, Limited Discovery; ORDER Granting in Part, Denying in Part Whole Foods Market Defendants' #69 Unopposed Motion to Modify Scheduling Order. IT IS FINALLY ORDERED that the time to complete fact discovery is extended from 05/26/16, to and including 12/15/16. Signed by Judge Sam Sparks. (klw)
June 24, 2016 Filing 80 Minute Entry for proceedings held before Judge Sam Sparks: Miscellaneous Hearing (all pending matters) held on 6/24/2016 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(td)
June 23, 2016 Filing 79 NOTICE of Appearance of Counsel: Vanessa Tamara Shakib appears as counsel for Barbara Trevino. (klw)
June 15, 2016 Filing 78 NOTICE of Filing Joinder in Co-Defendants' Motion to Dismiss Plaintiffs' Third Amended Consolidated Complaint #62 by Skotidakis, Inc. (td)
June 15, 2016 Filing 77 ORDER GRANTING #76 Motion for Leave to Join in Co-Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint. Signed by Judge Sam Sparks. (td)
June 3, 2016 Filing 76 Unopposed MOTION for Leave to File Joinder in Co-Defendants' Motion to Dismiss Plaintiffs' Third Amended Consolidated Complaint by Skotidakis, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Weiland, S.)
May 24, 2016 Filing 75 REPLY to Response to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #62 MOTION to Dismiss Plaintiff's Third Amended Consolidated Complaint filed by Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Orzano, Joseph)
May 24, 2016 Filing 74 REPLY to Response to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #63 MOTION to Strike #51 Amended Complaint, Plaintiff's Third Amended Consolidated Complaint filed by Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Orzano, Joseph)
May 16, 2016 Filing 73 RESPONSE in Support, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #66 MOTION to Stay CERTAIN PROCEEDINGS AND RULINGS filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino, Plaintiff Sarah Rodhouse (Attachments: #1 Proposed Order)(Gibbins, Steven)
May 13, 2016 Filing 72 ORDER, (All Pending Matters set for 6/24/2016 02:00 PM before Judge Sam Sparks). Signed by Judge Sam Sparks. (td)
May 9, 2016 Filing 71 Response in Opposition to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #66 MOTION to Stay CERTAIN PROCEEDINGS AND RULINGS filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino, Plaintiff Sarah Rodhouse (Attachments: #1 Affidavit of Joseph J. Orzano, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Orzano, Joseph)
May 9, 2016 Filing 70 REPLY to Response to Motion, filed by Skotidakis, Inc., re #64 MOTION to Dismiss or Alternatively, MOTION to Quash Service of Process Pursuant to Fed. R. Civ. P. 12(b)4 and 12(b)5 and Brief in Support filed by Defendant Skotidakis, Inc. (Hawkins, Robert)
May 6, 2016 Filing 69 Unopposed MOTION to Extend Scheduling Order Deadlines by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order Unopposed Motion to Modify Scheduling Order)(Orzano, Joseph)
May 4, 2016 Filing 68 Response in Opposition to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #63 MOTION to Strike #51 Amended Complaint, Plaintiff's Third Amended Consolidated Complaint filed by Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Attachments: #1 Proposed Order)(Gibbins, Steven)
May 4, 2016 Filing 67 Response in Opposition to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #62 MOTION to Dismiss Plaintiff's Third Amended Consolidated Complaint filed by Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc., #61 MOTION to Dismiss filed by Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Attachments: #1 Proposed Order)(Gibbins, Steven)
May 2, 2016 Filing 66 MOTION to Stay CERTAIN PROCEEDINGS AND RULINGS by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Exhibit, #2 Exhibit Declaration of Shane Prince supporting Motion, #3 Proposed Order)(Gibbins, Steven)
May 2, 2016 Filing 65 Response in Opposition to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #64 MOTION to Dismiss or Alternatively, MOTION to Quash Service of Process Pursuant to Fed. R. Civ. P. 12(b)4 and 12(b)5 and Brief in Support filed by Defendant Skotidakis, Inc. (Attachments: #1 Proposed Order supporting Plaintiffs Response to Defendant Skotidakis' Motion to Dismiss or Alternatively to Quash)(Gibbins, Steven)
April 18, 2016 Filing 64 MOTION to Dismiss or Alternatively,, MOTION to Quash Service of Process Pursuant to Fed. R. Civ. P. 12(b)4 and 12(b)5 and Brief in Support by Skotidakis, Inc.. (Attachments: #1 Appendix, #2 Proposed Order)(Hawkins, Robert)
April 12, 2016 Filing 63 MOTION to Strike #51 Amended Complaint, Plaintiff's Third Amended Consolidated Complaint by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
April 12, 2016 Filing 62 MOTION to Dismiss Plaintiff's Third Amended Consolidated Complaint by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order, #2 Request for Judicial Notice, #3 Exhibit A - Part 1 of 3 Labels, #4 Exhibit A - Part 2 of 3 Labels, #5 Exhibit A - Part 3 of 3 Labels, #6 Exhibit B - Consumer Reports article, #7 Exhibit C - Consumer Reports review, #8 Exhibit D - Vendor Agreement, #9 Exhibit E - Hearing Transcript, #10 Exhibit F - Aug. 13, 2014 news article, #11 Exhibit G - Aug. 27, 2014 news article, #12 Exhibit H - Preservation letters, #13 Exhibit I - Preservation letter responses, #14 Exhibit J - Responses to discovery, #15 Exhibit K - Knox letter, #16 Exhibit L - Kubick letter, #17 Exhibit M - Trevino letter, #18 Exhibit N - Jackson letter)(Orzano, Joseph)
April 12, 2016 Filing 61 MOTION to Dismiss by WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order, #2 Request for Judicial Notice, #3 Exhibit A - Part 1 of 3 Labels, #4 Exhibit A - Part 2 of 3 Labels, #5 Exhibit A - Part 3 of 3 Labels, #6 Exhibit B - Consumer Reports article, #7 Exhibit C - Consumer Reports review, #8 Exhibit D - Vendor Agreement, #9 Exhibit E - Hearing Transcript, #10 Exhibit F - Aug. 13, 2014 news article, #11 Exhibit G - Aug. 27, 2014 news article, #12 Exhibit H - Preservation letters, #13 Exhibit I - Preservation letter responses, #14 Exhibit J - Responses to discovery, #15 Exhibit K - Knox letter, #16 Exhibit L - Kubick letter, #17 Exhibit M - Trevino letter, #18 Exhibit N - Jackson letter)(Orzano, Joseph)
April 7, 2016 Filing 60 REPLY to Response to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #50 MOTION For Finding Of Spoilation and For Appropriate Relief filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino (Attachments: #1 Proposed Order, #2 Certificate of Service)(Gibbins, Steven)
April 6, 2016 Filing 59 ORDER GRANTING #58 Motion for Extension of Time to Answer re #51 Amended Complaint. Skotidakis, Inc. answer due 4/18/2016. Signed by Judge Sam Sparks. (klw)
April 4, 2016 Filing 58 Unopposed MOTION for Extension of Time to File Answer re #51 Amended Complaint, by Skotidakis, Inc.. (Attachments: #1 Proposed Order)(Hawkins, Robert)
March 25, 2016 Filing 57 Memorandum in Opposition to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #50 MOTION For Finding Of Spoilation and For Appropriate Relief filed by Plaintiff Samantha Kilgallen, Plaintiff Mark Bilder, Plaintiff Richard Steeley, Plaintiff Ashley Richards, Plaintiff Tracey Knox, Plaintiff Meredith Frydman, Plaintiff Kevin Grodnick, Plaintiff Carmine Clemente, Plaintiff Stephen Kubick, Plaintiff Sarah McDonagh, Plaintiff Janet Woo, Plaintiff Chas Jackson, Plaintiff Josh Koffman, Plaintiff Derek Guluba, Plaintiff Kathy Yeung, Plaintiff Ryan Markley, Plaintiff Barbara Trevino (Attachments: #1 Affidavit of Ella M. Castro, #2 Affidavit of Nathan Cimbala, #3 Affidavit of Lynne A. Kuchel, #4 Affidavit of Joseph J.Orzano, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Proposed Order)(Orzano, Joseph)
March 24, 2016 Filing 56 CERTIFICATE OF SERVICE by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung Upon Defendant Skotidakis, Inc (Gibbins, Steven)
March 18, 2016 Filing 55 ORDER GRANTING Defendants' #54 Motion for Extension of Time to File Response to #51 Amended Complaint. Signed by Judge Sam Sparks. (klw)
March 16, 2016 Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 Amended Complaint, by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
March 9, 2016 Filing 53 ORDER GRANTING Defendant's Unopposed #52 Motion for Extension of Time to File Response to #50 Motion for Finding of Spoilage and for Appropriate Relief. Signed by Judge Sam Sparks. (klw)
March 7, 2016 Filing 52 Unopposed MOTION for Extension of Time to File Response/Reply as to #50 MOTION For Finding Of Spoilation and For Appropriate Relief by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
March 4, 2016 Filing 51 AMENDED COMPLAINT Plaintiffs' Consolidated Third Amended Complaint against All Plaintiffs amending, filed by Ryan Markley, Carmine Clemente, Stephen Kubick, Mark Bilder, Josh Koffman, Ashley Richards, Kevin Grodnick, Chas Jackson, Samantha Kilgallen, Derek Guluba, Richard Steeley, Tracey Knox, Barbara Trevino, Sarah McDonagh.(Gibbins, Steven)
March 4, 2016 Filing 50 MOTION For Finding Of Spoilation and For Appropriate Relief by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Brief, #2 Exhibit Exhibits A-K, #3 Proposed Order, #4 Affidavit Certificate of Service)(Gibbins, Steven)
March 1, 2016 Filing 49 ORDER GRANTING #48 Motion to Substitute Attorney. Added attorney Adam Gonnelli in for Meredith Frydman. Signed by Judge Sam Sparks. (klw)
February 29, 2016 Filing 48 MOTION to Substitute Attorney Adam R. Gonnelli of Faruqi & Faruqi, LLP, in place of Antonio Vozzolo, formerly of Faruqi & Faruqi, LLP, as their counsel of record by Meredith Frydman. (klw)
February 16, 2016 Filing 47 ORDER DISMISSING #31 Motion to Dismiss as Moot; GRANTING #32 Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint; FURTHER ORDERED that Plaintiffs shall file a Third Amended Consolidated Complaint no later than March 4, 2016; DISMISSING #33 Motion to Strike. Signed by Judge Sam Sparks. (td)
January 15, 2016 Filing 46 REPLY to Response to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #32 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint filed by Defendant Whole Foods Market, Inc., Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Attachments: #1 Exhibit A)(Orzano, Joseph)
January 15, 2016 Filing 45 REPLY to Response to Motion, filed by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., re #33 MOTION to Strike #29 Amended Complaint,, filed by Defendant Whole Foods Market, Inc., Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Orzano, Joseph)
December 28, 2015 Filing 44 ORDER Granting Motion to Withdraw filed by Attorney Stuart L. Cochran. Signed by Judge Sam Sparks. (td)
December 17, 2015 Filing 43 STIPULATION of Dismissal by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Gibbins, Steven)
December 10, 2015 Filing 42 ATTACHMENT Proposed Orders of Plaintiffs relating to to #41 Response in Opposition to Motion,,, #40 Response in Opposition to Motion,, by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Proposed Order)(Gibbins, Steven)
December 10, 2015 Filing 41 Response in Opposition to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #32 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint filed by Defendant Whole Foods Market, Inc., Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Attachments: #1 Affidavit)(Gibbins, Steven)
December 10, 2015 Filing 40 Response in Opposition to Motion, filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung, re #33 MOTION to Strike #29 Amended Complaint,, filed by Defendant Whole Foods Market, Inc., Defendant Mrs. Gooch's Natural Foods Markets, Inc., Defendant Whole Foods Market Group, Inc., Defendant WFM Private Label, L.P., Defendant Whole Foods Market Rocky Mountain/Southwest, L.P., Defendant WFM-WO, Inc., Defendant Whole Foods Market California, Inc. (Gibbins, Steven)
December 8, 2015 Filing 39 ORDER GRANTING #37 Motion for Leave to File Excess Pages. Signed by Judge Sam Sparks. (td)
December 8, 2015 Filing 38 ORDER GRANTING #35 Motion to Substitute Attorney. Signed by Judge Sam Sparks. (td)
December 7, 2015 Filing 37 Unopposed MOTION for Leave to Exceed Page Limitation of Plaintiffs filed by Mark Bilder, Carmine Clemente, Meredith Frydman, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Sarah Rodhouse, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Proposed Order)(Gibbins, Steven)
November 10, 2015 Filing 36 ORDER GRANTING Defendants' Unopposed #34 Motion to Extend Briefing Deadlines. Signed by Judge Sam Sparks. (klw)
November 9, 2015 Filing 35 MOTION to Substitute Attorney Antonio Vozzolo and Corey D. Holzer and relieving Barry L. Davis from any further responsibility by Meredith Frydman. (Davis, Barry)
November 6, 2015 Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint, #33 MOTION to Strike #29 Amended Complaint,, , #31 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
October 27, 2015 Filing 33 MOTION to Strike #29 Amended Complaint,, by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Connolly, Jay)
October 27, 2015 Filing 32 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order, #2 Request for Judicial Notice, #3 Exhibit A, Part 1, #4 Exhibit A, Part 2, #5 Exhibit A, Part 3, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E)(Connolly, Jay)
October 27, 2015 Filing 31 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Connolly, Jay)
October 14, 2015 Filing 30 ORDER GRANTING Defendants' #28 Unopposed Motion for Increase from Default Page Limits. Signed by Judge Sam Sparks. (klw)
October 13, 2015 Filing 29 PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT against Mrs. Gooch's Natural Foods Markets, Inc., Skotidakis, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc. amending #22 Amended Complaint, filed by Ryan Markley, Carmine Clemente, Stephen Kubick, Mark Bilder, Josh Koffman, Ashley Richards, Kevin Grodnick, Chas Jackson, Janet Woo, Sarah Rodhouse, Samantha Kilgallen, Derek Guluba, Meredith Frydman, Richard Steeley, Tracey Knox, Barbara Trevino, Sarah McDonagh, Kathy Yeung.(klw)
October 12, 2015 Filing 28 Unopposed MOTION for Leave to Exceed Page Limitation by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Orzano, Joseph)
October 7, 2015 Filing 27 ORDER GRANTING Defendants' #26 Motion for Limited Modification to Scheduling Order. Signed by Judge Sam Sparks. (klw)
October 5, 2015 Filing 26 Unopposed MOTION to Extend Scheduling Order Deadlines by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Orzano, Joseph)
September 30, 2015 Filing 25 ORDER DENYING Rodhouse and Frydman's Motions to Remand to State Court and ORDERED that Plaintiffs in In re Whole Foods Market, Inc. Greek Yogurt Mktg. & Sales Practices Litig., 1:14-MC-2588-SS, MDL No. 2588 file an amended Consolidated Complaint which incorporates the parties and claims of the above-styled causes. Signed by Judge Sam Sparks. (klw)
September 30, 2015 Filing 24 ORDER that Plaintiff Sarah Rodhouse' s Renewed Motion to Remand doc #27 (filed in 1:14-cv-1135) and Plaintiff Meredith Frydman's Motion to Remand doc #35 (filed in 1:15-cv-264) are DENIED; and IT IS FINALLY ORDERED that Plaintiffs in In re Whole Foods Market, Inc. Greek Yogurt Mktg. & Sales Practices Litig., 1:14-MC-2588-SS, MDL No. 2588 (W.D. Tex., transferred Dec. 10, 2014) file an amended Consolidated Complaint which incorporates the parties and claims of the above-styled causes. Signed by Judge Sam Sparks. (klw)
September 15, 2015 Filing 23 Notice of Alternative Dispute Resolution/Mediation Outcome: Did not Settle. Amount of fee: $$8,000.00. (td)
August 25, 2015 Filing 22 AMENDED COMPLAINT against Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc., Skotidakis, Inc. amending, filed by Ryan Markley, Carmine Clemente, Stephen Kubick, Mark Bilder, Josh Koffman, Ashley Richards, Kevin Grodnick, Chas Jackson, Janet Woo, Samantha Kilgallen, Derek Guluba, Richard Steeley, Tracey Knox, Barbara Trevino, Sarah McDonagh, Kathy Yeung.(klw)
August 25, 2015 Filing 21 NOTICE of Filing NOTICE OF TRADITIONAL FILING OF PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT by Mark Bilder, Carmine Clemente, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung (Attachments: #1 Exhibit A)(Wolfson, Tina)
July 27, 2015 Filing 20 Transcript filed of Proceedings held on June 25, 2015, Proceedings Transcribed: Initial Pretrial Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/17/2015, Redacted Transcript Deadline set for 8/27/2015, Release of Transcript Restriction set for 10/26/2015, (Reznik, Lily)
July 16, 2015 Filing 19 Memorandum in Support of #14 Order to Show Cause,, by Mark Bilder, Carmine Clemente, Derek Guluba, Samantha Kilgallen, Tracey Knox, Sarah McDonagh, Richard Steeley, Barbara Trevino. (Gibbins, Steven)
July 14, 2015 Filing 18 NOTICE of Change of Address by Matthew J. Zevin (Zevin, Matthew)
July 13, 2015 Filing 17 NOTICE of Change of Address by Marc R. Stanley (Stanley, Marc)
July 13, 2015 Filing 16 SCHEDULING ORDER establishing deadlines. Signed by Judge Sam Sparks. (klw)
July 13, 2015 Filing 15 ORDER of published Updated Service List. Signed by Judge Sam Sparks. (klw)
July 13, 2015 Filing 14 ORDER that, within ten (10) days from the date of entry of this order, Liaison Counsel Steven A. Gibbins SHOW CAUSE why the non-complying plaintiffs failed to submit the pleading as instructed by the Court, or, alternatively; IT IS ORDERED that, within ten (10) days from the date of entry of this order, the specified plaintiffs submit a pleading both citing and reproducing in full all consumer protection statutes involved in the claims and potential damages in accordance with the Court's #11 Order. Signed by Judge Sam Sparks. (klw)
July 2, 2015 Filing 13 NOTICE of Filing Notice of Filing Proposed Proof of Service by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc. (Connolly, Jay)
July 2, 2015 Filing 12 Proposed Scheduling Order by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Connolly, Jay)
June 25, 2015 Filing 11 ORDER for the parties to file a proposed scheduling order and pleadings as outlined. Signed by Judge Sam Sparks. (klw)
June 25, 2015 Filing 10 ORDER GRANTING Joint #7 Motion to Appointment of Plaintffis' Leadership Structure. Signed by Judge Sam Sparks. (klw)
June 25, 2015 Filing 9 Minute Entry for proceedings held before Judge Sam Sparks: Initial Pretrial Conference held on 6/25/2015. Discovery issues discussed. Written Order to follow. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(klw)
June 19, 2015 Filing 8 NOTICE of Attorney Appearance by Stuart L. Cochran on behalf of Sarah Rodhouse. (klw)
June 16, 2015 Filing 7 Joint MOTION to Appoint Counsel Plaintiffs' Liaison and Co-Lead Counsel by Mark Bilder, Carmine Clemente, Kevin Grodnick, Derek Guluba, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Sarah McDonagh, Ashley Richards, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Attachments: #1 Memo in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Gibbins, Steven)
June 16, 2015 Filing 6 BRIEF by Mrs. Gooch's Natural Foods Markets, Inc., WFM Private Label, L.P., WFM-WO, Inc., Whole Foods Market California, Inc., Whole Foods Market Group, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P., Whole Foods Market, Inc.. (Connolly, Jay)
June 16, 2015 Filing 5 BRIEF regarding #3 Order,, Set Hearings, by Mark Bilder, Carmine Clemente, Kevin Grodnick, Chas Jackson, Samantha Kilgallen, Tracey Knox, Josh Koffman, Stephen Kubick, Ryan Markley, Ashley Richards, Richard Steeley, Barbara Trevino, Janet Woo, Kathy Yeung. (Gibbins, Steven)
April 7, 2015 RECEIVED Member Case from the Southern District of Florida: Meredith Frydman v.Whole Foods Market Group, Inc., et al, 9:15-cv-80007. Assigned case number 1:15-cv-264-SS. (klw)
April 6, 2015 Filing 4 TRANSFER ORDER of Frydman v. Whole Foods Market Group, Inc., et al from the SD/FL (case 9:15-cv-80007) to the Western District of Texas, Austin Division for inclusion in this MDL litigation. Signed by Sarah S. Vance, Chair of the Panel on Mulidistrict Litigation. (klw)
March 10, 2015 Filing 3 Pretrial ORDER No. 1 to govern the practices and procedures of this action and to set the Initial Conference for 6/25/2015 at 09:00 AM before Judge Sam Sparks. If the conference is not concluded that day, it will continue on 6/26/2015 at 09:00 AM before Judge Sam Sparks. Signed by Judge Sam Sparks. (klw)
January 12, 2015 RECEIVED Member Case from the Central District of California: Chas Jackson et al v. Whole Foods Market California, Inc. et al, 2:14-cv-6705. Assigned case number 1:15-cv-0018-SS. (kkc)
January 6, 2015 RECEIVED Member Case from the District of Arizona: Ashley Richards v. Whole Foods Market Group, Inc. et al, 2:14-cv-2221. Assigned case number 1:15-cv-0004-SS. (td)
December 30, 2014 RECEIVED Member Case from the Eastern District of Pennsylvania: Carmine Clemente et al v. Whole Foods Market Group, Inc. et al, 2:14-cv-5652. Assigned case number 1:14-cv-1142-SS. (kkc)
December 30, 2014 RECEIVED Member Case from the District of Massachusetts: Tracey Knox et al v. Whole Foods Market Group, Inc. et al, 1:14-cv-13185. Assigned case number 1:14-cv-1141-SS. (kkc)
December 29, 2014 RECEIVED Member Case from the Eastern District of Missouri: Sarah Rodhouse v. Whole Foods Market Group, Inc., 4:14-cv-1764-HEA. Assigned case number 1:14-cv-1135-SS. (kkc)
December 24, 2014 RECEIVED Member Case from the District of New Jersey: Mark Bilder, et al v. Whole Foods Market Group, Inc. et al., 1:14-cv-06146-RBK-JS. Assigned case number 1:14-cv-1132-SS. (td)
December 24, 2014 RECEIVED Member Case from the Southern District of New York: Kevin Grodnick et al v. Whole Foods Market Group, Inc. et al., 1:14-cv-07035-ALC. Assigned case number 1:14-cv-1130-SS. (kkc)
December 22, 2014 Filing 2 Conditional Transfer Order (CTO-1) entered by the Judicial Panel on Multidistrict Litigation: the actions on the attached schedule are transferred under 28 U.S.C. 1407 to the Western District of Texas for the reasons stated in the order of December 10, 2014, and, with the consent of that court, assigned to the Honorable Sam Sparks. (kkc)
December 19, 2014 RECEIVED Member Case from the Middle District of Florida: Ryan Markley v. Whole Foods Market Group, Inc. et al., 8:14-cv-01892. Assigned case number 1:14-cv-1121-SS. (kkc)
December 12, 2014 Filing 1 TRANSFER ORDER w/Schedule A attached regarding multidistrict litigation by the Clerk of the Panel Jeffery N. Luthi In re: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation MDL No. 2588. IT IS THEREFORE ORDERED that pursuant to 28 USC 1407, the actions listed on Schedule A and pending outside the Western District of Texas are transferred to the Western District of Texas and, with the consent of that court, assigned to the Honorable Sam Sparks for coordinated or consolidated pretrial proceedings.MASTER DOCKET CASE NUMBER ASSIGNMENT: 1:14-MC-2588 (kc)

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Search for this case: IN RE: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation
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Defendant: Whole Foods Market California, Inc.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: Skotidakis, Inc. doing business as Skotidakis Goat Farm
Represented By: Robert Allen Hawkins
Represented By: S. Cass Weiland
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Defendant: WFM-WO, Inc.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: Whole Foods Market, Inc.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: WFM Private Label, L.P.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: Mrs. Gooch's Natural Foods Markets, Inc.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: Whole Foods Market Rocky Mountain/Southwest, L.P.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Defendant: Whole Foods Market Group, Inc.
Represented By: Jay William Connolly
Represented By: Joseph John Orzano
Represented By: John H. Hempfling, II
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Plaintiff: Stephen Kubick
Represented By: Nancy A. Kulesa
Represented By: Janine Lee Pollack
Represented By: Marc R. Stanley
Represented By: Shannon L. Hopkins
Represented By: Matthew J. Zevin
Represented By: Martin Darren Hebel Woodward
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
Represented By: Stephanie A. Bartone
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Plaintiff: Sarah McDonagh
Represented By: Joseph Siprut
Represented By: William H. Anderson
Represented By: Erica C. Mirabella
Represented By: Jon M. Herskowitz
Represented By: Tina Wolfson
Represented By: Charles J. LaDuca
Represented By: Steven A. Gibbins
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Plaintiff: Carmine Clemente
Represented By: Steven A. Gibbins
Represented By: Stephen P. DeNittis
Represented By: Tina Wolfson
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Plaintiff: Ryan Markley
Represented By: Michael Thomas Fraser
Represented By: Joshua Harris Eggnatz
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
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Plaintiff: Samantha Kilgallen
Represented By: Steven A. Gibbins
Represented By: Stephen P. DeNittis
Represented By: Tina Wolfson
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Plaintiff: Kathy Yeung
Represented By: Steven A. Gibbins
Represented By: Ross H. Schmierer
Represented By: Tina Wolfson
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Plaintiff: Josh Koffman
Represented By: Suren Weerasuriya
Represented By: Todd M. Friedman
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
Represented By: Adrian Bacon
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Plaintiff: Mark Bilder
Represented By: Steven A. Gibbins
Represented By: Joseph A. Osefchen
Represented By: Stephen P. DeNittis
Represented By: Tina Wolfson
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Plaintiff: Chas Jackson
Represented By: Suren Weerasuriya
Represented By: Todd M. Friedman
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
Represented By: Adrian Bacon
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Plaintiff: Kevin Grodnick
Represented By: Ross H. Schmierer
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
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Plaintiff: Ashley Richards
Represented By: Hart L. Robinovitch
Represented By: Charles S Zimmerman
Represented By: Tina Wolfson
Represented By: Steven A. Gibbins
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Plaintiff: Tracey Knox
Represented By: Joseph Siprut
Represented By: William H. Anderson
Represented By: Erica C. Mirabella
Represented By: Jon M. Herskowitz
Represented By: Tina Wolfson
Represented By: Charles J. LaDuca
Represented By: Steven A. Gibbins
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Plaintiff: Sarah Rodhouse
Represented By: Steven A. Gibbins
Represented By: Tina Wolfson
Represented By: Matthew H. Armstrong
Represented By: David L. Steelman
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Plaintiff: Janet Woo
Represented By: Steven A. Gibbins
Represented By: Ross H. Schmierer
Represented By: Tina Wolfson
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Plaintiff: Barbara Trevino
Represented By: Vanessa Tamara Shakib
Represented By: Joseph Siprut
Represented By: William H. Anderson
Represented By: Erica C. Mirabella
Represented By: Jon M. Herskowitz
Represented By: Tina Wolfson
Represented By: Charles J. LaDuca
Represented By: Steven A. Gibbins
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Plaintiff: Meredith Frydman
Represented By: Steven A. Gibbins
Represented By: Corey D. Holzer
Represented By: Adam Gonnelli
Represented By: Barry L. Davis
Represented By: Tina Wolfson
Represented By: Antonio Vozzolo
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Plaintiff: Derek Guluba
Represented By: Joseph Siprut
Represented By: William H. Anderson
Represented By: Erica C. Mirabella
Represented By: Jon M. Herskowitz
Represented By: Tina Wolfson
Represented By: Charles J. LaDuca
Represented By: Steven A. Gibbins
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Plaintiff: Richard Steeley
Represented By: Steven A. Gibbins
Represented By: Joseph A. Osefchen
Represented By: Stephen P. DeNittis
Represented By: Tina Wolfson
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