Delcid et al v. Unilever United States, Inc.

Filing 17

ORDER granting (16) Letter Motion to Consolidate Cases 21cv9569 (as Lead Case) with 21cv9616 in case 1:21-cv-09569-VSB. In light of the foregoing, Federal Rule of Civil Procedure 42(a), and the governing precedent on consolidation, (see Doc. 14), the unopposed motion for consolidation is GRANTED. The proposed schedule set forth in this letter is hereby adopted. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 1/10/2022) Filed In Associated Cases: 1:21-cv-09569-VSB, 1:21-cv-09616-VSB (kv)

Case 1:21-cv-09569-VSB Document 17 Filed 01/10/22 Page 1 of 2

ANDREW J. OBERGFELL
Tel: 6 4 6 . 8 3 7 . 7 1 5 0
Fax: 2 1 2 . 9 8 9 . 9 1 6 3
[e-mail]

888 SEVENTH AVENUE
N E W Y O R K , NY 1 0 0 1 9

www.bursor.com

January 4, 2022
Via ECF
The Honorable Vernon S. Broderick
Thurgood Marshall United States Courthouse
40 Foley Square, Courtroom 518
New York, New York 10007
Re:

In light of the foregoing, Federal Rule of Civil
Procedure 42(a), and the governing precedent
on consolidation, (see Doc. 14), the
unopposed motion for consolidation is
GRANTED. The proposed schedule set forth
in this letter is hereby adopted.
01/10/22

Delcid v. Helen of Troy, Case No. 1:21-cv-09569 (S.D.N.Y.);
Kallamni v. Tengram Capital, Case No. 1:21-cv-09616 (S.D.N.Y.)

Dear Judge Broderick:
I write on behalf Plaintiffs Otto Delcid, Luz Roman, and Mina Kallamni (collectively
“Plaintiffs”) to respectfully request that the Court enter an order (i) consolidating the Declid and
Kallamni actions and (ii) set a schedule for the filing of a consolidated complaint and briefing
schedule on Plaintiffs’ Motion for the Appointment of Interim Class Counsel.
On November 18, 2021, Plaintiffs Otto Delcid and Luz Roman filed the action Delcid v.
Helen of Troy, Case No. 1:21-cv-09569 (S.D.N.Y.), before this Court (ECF No. 1). On
November 19, 2021, Plaintiff Mina Kallamni filed the action Kallamni v. Tengram Capital, Case
No. 1:21-cv-09616 (S.D.N.Y.), before Judge Buchwald in this District. On December 22, 2021,
Plaintiffs filed a Motion for Consolidation and Appointment of Interim Class Counsel (ECF No.
12). On December 30, 2021, counsel for Defendants 1 informed Plaintiffs that Defendants do not
oppose the Motion insofar as it requests consolidation of the two actions, but do intend to oppose
the Motion insofar as it requests the appointment of interim class counsel. 2
Moreover, on November 15, 2021, Plaintiff Andrea Fahey filed the action Fahey v. Helen
of Troy, Case No. 2:21-cv-14441-DMM (S.D. Fla.), in the Southern District of Florida. By
agreement of the parties, the Fahey action will be dismissed and Andrea Fahey will be added as a
named plaintiff in a consolidated complaint filed in this action. Defendants consent to this
Court’s jurisdiction over Ms. Fahey and her claims, and consent to venue in this Court, but
otherwise reserve all other rights, defenses, and arguments. Thus, the Parties seek to set a

1

The named defendants in the current complaints are Helen of Troy Limited and Tengram Capital Partners, LLC.
Helen of Troy Limited and TCP HOT Acquisition LLC will be the named defendants in a consolidated amended
complaint.

2

On January 3, 2022, the Court denied Plaintiffs’ Motion for Consolidation and Appointment of Interim Class
Counsel without prejudice. ECF No. 14. Plaintiffs intend to renew their Motion as to the Appointment of Interim
Class Counsel, and will refile said Motion simultaneously with the consolidated complaint (if the Court allows).

Case 1:21-cv-09569-VSB Document 17 Filed 01/10/22 Page 2 of 2
PAGE 2

schedule for the filing of a consolidated complaint including all named plaintiffs and briefing on
the Motion and responsive pleading.
For good cause shown, Plaintiffs respectfully request, and Defendants do not oppose, that
the Court:
1.

Consolidate the Delcid and Kallamni actions before this Court;

2.

Permit Plaintiffs to file a consolidated complaint 14 days after the Court’s order
consolidating the actions;

3.

Set the date for Defendants’ response to Plaintiffs’ consolidated complaint as 30
days after it has been filed and served;

4.

Set the date for Defendants’ opposition to Plaintiffs’ Motion for Appointment of
Interim Class Counsel as 30 days after the filing of the consolidated complaint;
and

5.

Set the date for Plaintiffs’ reply in further support of the Motion for Appointment
of Interim Class Counsel as 14 days after Defendants’ opposition.
Respectfully submitted,

Andrew J. Obergfell
CC:

All counsel of record (via ECF)