de Lacour et al v. Colgate-Palmolive Co. et al
ORDER granting 162 Letter Motion to Stay re: 162 JOINT LETTER MOTION to Stay Class Notification Date addressed to Judge Kimba M. Wood from David K. Callahan dated September 2, 2021. The parties' request is granted. The class notification date is stayed until after the Second Circuit resolves Defendants' motion for leave to appeal. The parties shall file a joint status update informing the Court of the Second Circuit's decision within three (3) days of such dec ision. Within seven (7) days of the decision, the parties shall file a letter proposing next steps in the case. These communications may be combined with those required by the Court's August 10, 2021, scheduling order. (ECF No. 158.) (Signed by Judge Kimba M. Wood on 9/7/2021) (ate)
Case 1:16-cv-08364-KMW Document 165 Filed 09/07/21 Page 1 of 2
David K. Callahan
330 North Wabash Avenue
Chicago, Illinois 60611
Tel: +1.312.876.7700 Fax: +1.312.993.9767
FIRM / AFFILIATE OFFICES
September 2, 2021
The Honorable Kimba M. Wood
United States District Court for the Southern District of New York
500 Pearl Street
New York, New York 10007
de Lacour v. Colgate-Palmolive Co., et al., Case No. 16-cv-8364 (KW)
Dear Judge Wood:
Defendants Colgate-Palmolive Co. and Tom’s of Maine, Inc. (“Tom’s”) submit this letter
with the agreement of counsel for Plaintiffs in this action, to advise the Court that, on August 31,
2021, the Second Circuit Court of Appeals issued a Notice (attached) that it will hear oral argument
on September 14, 2021 on Tom’s petition for leave to file an appeal from this Court’s class
certification order (D.I. 42, Case No. 21-1234).
In light of that Notice and the upcoming hearing, counsel for Tom’s and the Plaintiffs
conferred and agreed to request that this Court stay implementation of the class notification plan
(currently set to begin on September 10, 2021) until the Second Circuit hears argument and issues
a ruling on Tom’s Petition. The parties will confer following that ruling and promptly report back
to the Court.
In support of this joint request, Tom’s notes the following factors that it believes support
this joint request:
While neither party can predict the outcome of the Second Circuit’s ruling on the Petition,
or on any subsequently granted right for Tom’s to appeal, it is clear that there is at least
sufficient interest for Tom’s Petition to be heard by a Second Circuit panel. Tom’s expects
Case 1:16-cv-08364-KMW Document 165 Filed 09/07/21 Page 2 of 2
September 2, 2021
that a ruling on the Petition will follow shortly after oral argument and that the stay of the
notice campaign while awaiting that decision will be brief;
Both parties will incur costs and potentially suffer injury in the event the notice campaign
proceeds and there is a subsequent appeal from and reversal of the class certification order.
And, a notice campaign started that must be subsequently rescinded or altered has
significant potential to cause confusion among the consumers it is designed to serve; and
The public interest will be best served in having any notice campaign done once, and done
with whatever input comes out of any Second Circuit ruling.
As noted above, counsel for Tom’s and counsel for Plaintiffs discussed this issue following the
Second Circuit’s notice, and jointly present this request to the Court for a stay on the class
notification date as set in this Court’s August 10, 2021 Order (D.I. 159) adopting the Notice Plan
contained in D.I. 150, and as extended in this Court’s Order of August 30, 2021 (D.I. 161).
/s/ David K. Callahan
David K. Callahan
of LATHAM & WATKINS LLP
cc: All attorneys of record (via ECF)
The parties' request is granted. The class notification date
is stayed until after the Second Circuit resolves
Defendants' motion for leave to appeal.
The parties shall file a joint status update informing the
Court of the Second Circuit's decision within three (3)
days of such decision. Within seven (7) days of the
decision, the parties shall file a letter proposing next steps
in the case. These communications may be combined
with those required by the Court's August 10, 2021,
scheduling order. (ECF No. 158.)
Dated: September 7, 2021
New York, N.Y.
/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge
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