CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Filing 75

ORDER denying without prejudice 62 Motion to Amend/Correct; withdrawing 71 Motion for Leave to File. ORDERED that this matter be reopened. Signed by Judge Renee Marie Bumb on 3/10/08. (sb)

CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Doc. 75

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

LINDA FRANULOVIC, on behalf of herself and all others similarly situated, Plaintiff, v. THE COCA-COLA COMPANY, Defendant. CATHERINE M. MELFI, on behalf of herself and all others similarly situated, Plaintiff, v. THE COCA-COLA COMPANY, NESTLE USA, INC., and BEVERAGE PARTNERS WORLDWIDE, N.A., Defendants. : : : : : Plaintiff, : v. : THE COCA-COLA COMPANY : NESTLE USA, INC., and : BEVERAGE PARTNERS WORLDWIDE, : N.A., : : Defendants. : ADAM SIMMENS, on behalf of himself and all others similarly situated,

Civil No. 07-539 (RMB) [Docket Nos. 62 & 71] ORDER

Civil No. 07-828 (RMB) [Docket Nos. 51 & 53]

Civil No. 07-3855 (RMB) [Docket Nos. 60 & 71]

THIS MATTER having come before the Court upon several

Dockets.Justia.com

motions: 1) Franulovic's motion to amend or correct a judgment to allow the filing of an Amended Complaint and, 2) Franulovic's motion for leave to file documents under seal; 3) Melfi's motion to amend or correct a judgment to allow the filing of an Amended Complaint and 4) Melfi's motion for reconsideration of this Court's order denying the appeal of Magistrate Judge Joel Schneider's discovery order as moot, 5) Simmens' motion for leave to file an Amended Complaint and 6) Simmens' appeal of Judge Schneider's discovery order; and the Court having reviewed the moving papers and the opposition thereto; and the Court having heard oral argument from the parties; and the Court noting that Franulovic withdrew the motion to seal on the record; and for the reasons stated on the record this date; IT IS HEREBY ORDERED that Franulovic matter will be reopened; and IT IS FURTHER ORDERED that Plaintiffs' motions for leave to amend are denied without prejudice - Plaintiffs in all three of the above-captioned matters will be given until April 14, 2008, to either file an amended complaint alleging a so-called "weight loss claim," as directed, or move for leave to file an amended complaint alleging, in addition to the approved weight-loss claim, a so-called "calorie burning" claim; and IT IS FURTHER ORDERED that, if Plaintiffs file for leave to amend, that Defendants have until May 12, 2008, to respond, and Plaintiffs have until May 27 to reply; and

IT IS FURTHER ORDERED that if Plaintiffs do not file for leave to amend but file the amended complaints containing "weight-loss" claims only, that Defendants have until May 12, 2008, to respond; and IT IS FURTHER ORDERED that Melfi's and Simmens' motions/appeals regarding discovery orders are denied as moot because discovery in the above-captioned matters is stayed pending further order of this Court and the prior discovery orders are hereby vacated.

Dated: March 10, 2008

s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE