Gruen v. The Clorox Company et al

Filing 52

STIPULATION AND ORDER (51 in 3:22-cv-00935-RS) and (22 in 3:22-cv-05218-RS) REGARDING BRIEFING SCHEDULE FOR RULE 23(g) MOTION TO APPOINT INTERIM CLASS COUNSEL AND PLEADING DEADLINES. Signed by Judge Richard Seeborg on 9/16/2022. (cl, COURT STAFF) (Filed on 9/16/2022)

1 Michael F. Ram (SBN 104805)
2 MORGAN & MORGAN
COMPLEX LITIGATION GROUP
3 711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
4 Telephone: [phone]
Facsimile: [phone]
5
[e-mail]
6
Charles E. Schaffer (To be admitted Pro Hac
7 Vice)
[e-mail]
8 David Magagna (To be admitted Pro Hac Vice)
[e-mail]
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LEVIN, FISHBEIN, SEDRAN & BERMAN
10 510 Walnut Street, Suite 500
Philadelphia, PA 19106
11 Tel: [phone]
Fax: [phone]
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Jason P. Sultzer (To be admitted Pro Hac Vice)
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THE SULTZER LAW GROUP
14 85 Civic Center Plaza
Suite 200
15 Poughkeepsie, NY 12601
845-483-7100
16 Email: [e-mail]

Rachel Lynn Soffin
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
[phone]
Fax: [phone]
Email: [e-mail]

17 Attorneys for Plaintiff, Marisol Baez

Kim E. Richman (To be admitted Pro Hac
Vice)
RICHMAN LAW & POLICY
1 Bridge St., Suite 83
Irvington, NY 10533
Tel: [phone]
[e-mail]

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Dean N. Panos
19 JENNER AND BLOCK LLP
353 North Clark Street
20 Chicago, IL 60654
[phone]
21 Email: [e-mail]
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Attorney for Defendants, The Clorox
23 Company and The Burts Bees Products
Company
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Jonathan Shub (SBN 237708)
Kevin Laukaitis (To be admitted Pro Hac
Vice)
SHUB LAW FIRM LLC
134 Kings Hwy E., 2nd Fl
Haddonfield, NJ 08033
T: [phone]
[e-mail]
[e-mail]
L. Timothy Fisher (State Bar No. 191626)
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
T: [phone]
F: [phone]
[e-mail]

Attorney for Plaintiffs, Daniela Gruen, Laura
Harman, Tracy Barrett, Marilyn Moore-Buice
and Caroline Spindel

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28 STIPULATION TO MODIFY
BRIEFING SCHEDULE

No. 3:22-cv-00935-RS

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THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TRACY BARRETT, DANIELA GRUEN,
6 LAURA HARMAN, MARILYN
MOOREBUICE, AND CAROLINE
7 SPINDEL, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY
8 SITUATED, on behalf of themselves and all
others similarly situated,
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Plaintiff,
10 v.

Case No. 3:22-cv-00935-RS
Hon. Richard Seeborg

11 BURT’S BEES, INC., THE CLOROX
COMPANY and THE BURT’S BEES
12 PRODUCTS COMPANY,
Defendants.
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15 MARISOL BAEZ, individually on behalf of
herself and all others similarly situated,
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Plaintiff,
17 v.
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THE CLOROX COMPANY and THE
19 BURT’S BEES PRODUCTS COMPANY,
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Case No.: 3:22-cv-05218-RS
STIPULATION AND ORDER
REGARDING BRIEFING SCHEDULE
FOR RULE 23(g) MOTION TO
APPOINT INTERIM CLASS COUNSEL
AND PLEADING DEADLINES.

Defendants.

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28 STIPULATION TO MODIFY
BRIEFING SCHEDULE

No. 3:22-cv-00935-RS

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The parties to the above captioned cases stipulate as follows:

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WHEREAS, a putative class action filed by Daniella Gruen, styled Gruen v. the Clorox

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Company, No. 3:22-cv-00935-RS, was filed on February 15, 2022, before this Honorable Court.

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WHEREAS, a consolidated complaint was filed by Tracy Barrett, Daniela Gruen, Laura

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Harman, Marilyn Moore-Buice, and Caroline Spindel, also styled Gruen v. the Clorox Company,

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No. 3:22-cv-00935-RS, on July 27, 2022, before this Honorable Court. Defendants’ deadline to

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respond to the consolidated Gruen complaint is October 12, 2022.

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WHEREAS, a putative class action filed by Marisol Baez in the United States District

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Court for the Eastern District of New York, styled Baez v. The Clorox Co. et al., No. 1:22-cv-

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03990-PKC- RML, on July 7, 2022 has been transferred to the Northern District of California.

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Defendants’ deadline to respond to the Baez complaint is October 3, 2022.

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WHEREAS, Baez and Gruen both involve allegations of potential consumer exposure to
PFAS, have nearly the same defendants, and similar claims.

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WHEREAS, Baez names “The Clorox Company and The Burt’s Bees Products Company”

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as defendants (Baez ECF No. 1), Gruen names “Burt’s Bees, Inc., The Clorox Company, and The

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Burt’s Bees Products Company” as defendants Gruen (ECF No. 26).

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WHEREAS, Gruen brings claims on behalf of a Nationwide class of consumers who

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purchased the Products anywhere in the United States, as well State classes on behalf of consumers

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who purchased the Products in California, Georgia, Michigan, New Jersey and New York.

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WHEREAS, Baez defines the Nationwide class “as all consumers who purchased the
Products anywhere in the United States during the Class Period” (ECF No. 1 at ¶98).
WHEREAS, both cases assert violations of state consumer protection laws, as well as
breach of express warranty, fraud/fraudulent concealment, and unjust enrichment; and

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WHEREAS, on September 14, 2022, Magistrate Judge Kim, to whom Baez was initially

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assigned in this District, referred the case to Judge Seeborg to decide whether it is related to Gruen;

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WHEREAS, on September 14, 2022, Judged Seeborg determined that Baez is related to

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Gruen (ECF No. 49) and Baez has been reassigned to this Court;

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STIPULATION TO MODIFY
BRIEFING SCHEDULE

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No. 3:22-cv-00935-RS

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WHEREAS, on September 2, 2022, counsel in the Gruen action filed a Motion for
Appointment of Interim Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil
Procedure (ECF No. 38), Defendants’ response to this Motion is currently due on September 16,
2022, and Gruen Counsel’s reply is currently due on September 23, 2022.
WHEREAS, counsel in the Baez matter intend to file a separate Motion for Appointment
of Interim Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.
WHEREAS, the counsel for Defendants, as well as counsel in the Gruen and Baez matters
have met and conferred and stipulated to the following coordinated briefing schedule for their
Motions for Appointment of Interim Class Counsel pursuant to Rule 23(g) of the Federal Rules of
Civil Procedure:

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Date
October 3, 2022

Event
Deadline for Baez Counsel to file their Motion
for Appointment of Interim Class Counsel

October 17, 2022

Deadline for Defendants to respond to the
Gruen and Baez Motions for Appointment of
Interim Class Counsel.

October 24, 2022

Deadline for Gruen and Baez counsel to file
replies in support of their Motions for
Appointment of Interim Class Counsel.

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WHEREAS, the parties agree that in the interest of efficiency and to preserve the parties’

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and the Court’s resources, Defendants’ responsive pleading deadline should be continued until the

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Court has ruled on the Motions for Appointment of Interim Class Counsel and determined whether
the cases should be consolidated.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the parties
that, the deadline for Baez counsel to file a Motion to Appoint Interim Class Counsel in the
consolidated cases shall be October 3, 2022, the deadline for Defendants to respond to the Gruen

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28 STIPULATION TO MODIFY
BRIEFING SCHEDULE

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No. 3:22-cv-00935-RS

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and Baez Motions for Appointment of Interim Class Counsel shall be October 17, 2022, and the
deadline for Gruen and Baez Counsel to file their replies in support of their Motions for
Appointment of Interim Class Counsel shall be October 24, 2022. Further, Defendants’ deadline
to respond to the Gruen and Baez complaints shall be continued to fourteen (14) days after the
Court’s decision on the Motions for Appointment of Interim Class Counsel, or alternatively thirty
(30) days after the filing of a further consolidated amended complaint should the Court order the
Gruen and Baez cases consolidated in connection with its decision on the Motions for Appointment
of Interim Class Counsel.

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Dated: September 14, 2022
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MORGAN & MORGAN COMPLEX
LITIGATION GROUP

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/s/ Michael F. Ram
Michael F. Ram

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By:

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Attorneys for Plaintiff, Marisol Baez

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Dated: September 14, 2022

MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC

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/s/ Rachel Lynn Soffin
Rachel Lynn Soffin

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By:

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Attorney for Plaintiffs, Daniela Gruen, Laura
Harman, Tracy Barrett, Marilyn Moore-Buice
and Caroline Spindel

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23 Dated: September 14, 2022

JENNER & BLOCK, LLP

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/s/ Dean N. Panos
Dean N. Panos

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By:

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Attorney for Defendants, The Clorox Company
and The Burt’s Bees Products Company

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28 STIPULATION TO MODIFY
BRIEFING SCHEDULE

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No. 3:22-cv-00935-RS

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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15 DATED: ________________________
September 16, 2022
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_____________________________________
Honorable Richard Seeborg
United States District Judge

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BRIEFING SCHEDULE

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No. 3:22-cv-00935-RS