IN RE: Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation
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 |
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. |
1:2014mc02588 |
December 12, 2014 |
US District Court for the Western District of Texas |
Austin Office |
Sam Sparks |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on February 17, 2017. A more recent docket listing may be available from PACER.
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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) |
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) |
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Filing 104 Letter/Correspondence from Jay William Connolly. (Attachments: #1 Courtesy copy of doc #102)(td) |
Filing 103 Motion for leave to File Sealed Document (Attachments: #1 Sealed Document, #2 Declaration of Carol Bellon, #3 Proposed Order) (Orzano, Joseph) |
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). |
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) |
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Filing 99 NOTICE of Voluntary Dismissal by Kevin Grodnick (Gibbins, Steven) |
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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) |
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) |
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Filing 94 NOTICE of Change of Address by Charles J. LaDuca (LaDuca, Charles) |
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) |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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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) |
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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) |
Filing 79 NOTICE of Appearance of Counsel: Vanessa Tamara Shakib appears as counsel for Barbara Trevino. (klw) |
Filing 78 NOTICE of Filing Joinder in Co-Defendants' Motion to Dismiss Plaintiffs' Third Amended Consolidated Complaint #62 by Skotidakis, Inc. (td) |
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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.) |
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) |
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) |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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Filing 58 Unopposed MOTION for Extension of Time to File Answer re #51 Amended Complaint, by Skotidakis, Inc.. (Attachments: #1 Proposed Order)(Hawkins, Robert) |
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) |
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) |
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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) |
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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) |
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) |
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) |
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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) |
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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) |
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) |
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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) |
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) |
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) |
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) |
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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) |
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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) |
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) |
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) |
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) |
Filing 31 MOTION to Dismiss Plaintiffs' Second Amended Consolidated Complaint by Whole Foods Market, Inc.. (Attachments: #1 Proposed Order)(Connolly, Jay) |
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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) |
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) |
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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) |
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Filing 23 Notice of Alternative Dispute Resolution/Mediation Outcome: Did not Settle. Amount of fee: $$8,000.00. (td) |
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) |
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) |
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) |
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) |
Filing 18 NOTICE of Change of Address by Matthew J. Zevin (Zevin, Matthew) |
Filing 17 NOTICE of Change of Address by Marc R. Stanley (Stanley, Marc) |
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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) |
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) |
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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) |
Filing 8 NOTICE of Attorney Appearance by Stuart L. Cochran on behalf of Sarah Rodhouse. (klw) |
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) |
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) |
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) |
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) |
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) |
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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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
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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