Clinger et al v. Edgewell Personal Care Brands, LLC (3:21-cv-01040-JAM)

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS. For the reasons stated in the attached ruling, I will GRANT the defendants' motion to dismiss (Doc. # (Document 98) ) with respect to Counts Two, Six, Seven, Eight, Nine, Ten, Eleven (in part), and the plaintiffs' request for an injunctive order requiring the defendants to comply with the at-issue consumer protection laws. I will DENY the defendants' motion to dismiss with respect to Counts Three, Four, Five, Eleven, Twelve, and Thirteen. The plaintiffs have previously withdrawn Count One. It is so ordered.

Signed by Judge Jeffrey A. Meyer on 3/13/2023. (Wang, S.) Modified text on 3/14/2023 (Barry, Donna).

ORDER GRANTING MOTION TO CONSOLIDATE CASES. For the reasons stated in the attached ruling, the Court GRANTS the motion to consolidate (Doc. # (Document 55) ) the related actions in Clinger et al. v. Edgewell Personal Care Brands, LLC, 3:21-cv-01040, C habla et al. v. Edgewell Personal Care Brands, LLC et al., 3:21-cv-01579, and Zayas et al. v. Edgewell Personal Care Company et al., 3:21-cv-01596. The Clerk of Court is directed to consolidate these actions into case number 3:21-cv-01040, and all further pleadings in the consolidated case should be filed on that docket.

The Court further GRANTS the plaintiffs' motion to appoint Milstein Jackson Fairchild & Wade, LLP, Levin Sedran & Berman, LLC, and the Shub Law Firm LLC as i nterim co-lead counsel (Co-Lead Counsel) and Scott+Scott Attorneys at Law LLP as liaison counsel.

Co-Lead Counsel shall have the following responsibilities and duties, to be carried out either personally or through counsel whom Co-Lead Counsel sh all designate:

(a) to coordinate the briefing and argument of motions;

(b) to coordinate the conduct of discovery proceedings;

(c) to coordinate the examination of witnesses in depositions;

(d) to coordinate the selection of counse l to act as spokesperson at pretrial conferences;

(e) to call telephonic or in-person meetings of the plaintiffs' counsel as they deem necessary and appropriate from time to time;

(f) to coordinate all settlements negotiations with cou nsel for defendants;

(g) to coordinate and direct the pretrial discovery proceedings and the preparation for trial and the trial of this matter and to delegate work responsibilities to selected counsel as may be required; and

(h) to supervis e any other matters concerning the prosecution, resolution, or settlement of the consolidated action.

No motion, request for discovery, or other pretrial proceedings shall be initiated or filed by any plaintiff without the approval of Co-Lead Co unsel, so as to prevent duplicative pleadings or discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of Co-Lead Counsel.

Counsel in any related action that is consolidated with the consolidated action shal l be bound by this organization of plaintiffs' counsel.

Co-Lead Counsel shall have the responsibility of receiving and disseminating Court orders and notices.

Co-Lead Counsel shall be the contact between plaintiffs' counsel and sh all direct and coordinate the activities of plaintiffs' counsel.

Defendants shall effect service of papers on plaintiffs by serving a copy of same on Co-Lead Counsel by overnight mail service, electronic or hand delivery. Plaintiffs shall e ffect service of papers on defendants by serving a copy of same on defendants' counsel by overnight mail service, electronic, or hand delivery.

It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/29/2022. (Gilles, E.) Modified on 4/1/2022 Modified on 4/1/2022 to flag ruling as an opinion. (Barry, Donna). (Barry, Donna).