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14-2484 - Elkind et al v. Revlon Consumer Products Corporation


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14-2484 - Elkind et al v. Revlon Consumer Products Corporation
May 14, 2015
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discovery. So Ordered by Judge Joanna Seybert on 5/14/2015. C/ECF (Valle, Christine)MEMORANDUM & ORDER granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim; For the foregoing reasons, Defendant's motion to dismiss or, in the alternative, to strike portions of Plaintiffs' First Amended Complaint (Docket Entry 18) is GRANTED IN PART and DENIED IN PART. Counts one, three, five, nine, ten, twelve, thirteen, fourteen, and fifteen are DISMISSED WITH PREJUDICE, the remaining claims are DISMISSED insofar as they arise from Defendant's marketing and labeling of the Powder, and paragraphs forty-six through sixty-six of the First Amended Complaint are STRICKEN. Defendant's motion is DENIED in all other respects. Counts two, four, six, seven, eight, and eleven shall proceed to
October 6, 2015
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REFERRAL ORDER - Plaintiff's motion to amend at Docket Entry 93 is REFERRED to Magistrate Judge A. Kathleen Tomlinson pursuant to Rule 72(a) of the Federal Rules of Civil Procedure for DECISION. The parties are directed to address all future filings related to this motion to Judge Tomlinson. So Ordered by Judge Joanna Seybert on 10/6/2015. C/ECF (Valle, Christine)
March 29, 2017
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Tomlinson's Amended R&R (Docket Entry 119) in its entirety and GRANTS the parties' joint motion for preliminary approval of their class action settlement agreement (Docket Entry 109) to the extent that the certified class encompasses the class definition set forth in the Amended R&R. (See Am. R&R at 44-45.) Judge Tomlinson's R&R (Docket Entry 114) is TERMINATED AS MOOT. The Court REFERS the final fairness hearing in this matter to Judge Tomlinson for a report and recommendation on whether the Court should grant final approval of the parties' class action settlement agreement. The parties are directed to contact Judge Tomlinson within fourteen (14) days of the date of this Memorandum and Order to schedule the final fairness hearing. Additionally, the parties are GRANTED leave to file a motion for attorneys' fees within sixty (60) days of the date of this Memorandum and Order. So Ordered by Judge Joanna Seybert on 3/29/2017. C/ECF (Valle, Christine)