Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 1 of 4
`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF CONNECTICUT
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`MARK J. PATANE, JULIE HARDING,
`HEATHER HARRIGAN, STEPHEN S.
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`: CIVIL ACTION NO. 17—cv-Ol38 l (JAM)
`:
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`SHAPIRO, CATHERINE PORTER, ERICA
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`: ECF CASE
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`RUSSELL, TINA MORETTI, BRIDGET
`KOPET, JENNIFER S. COLE, BENJAMIN
`A. FLETCHER, DIANE BOGDAN and
`PARESHKUMAR BRAHMBHATT,
`Individually and on Behalf of All Others
`Similarly Situated,
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`2
`: CLASS ACTION
`'
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`: ALL CASES
`'
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`Plaintiffs,
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`V
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`Oral Argument Requested
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`NESTLE WATERS NORTH AMERICA,
`INC"
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`June 22, 2021
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`Defendant.
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`DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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`Pursuant. to Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56,
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`Defendant BlueTriton Brands, Inc. (“BlueTriton”), formerly known as Nestlé Waters North
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`America Inc., hereby moves for the entry of partial summary judgment in favor of BlueTriton
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`with respect
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`to certain claims
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`in the Consolidated Amended Class Action Complaint
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`(“Complaint”) based upon the state statutes of repose to which they are subject. ECF No. 160.
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`Plaintiffs’ Complaint alleges claims of common-law fraud, breach of contract, and
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`consumer protection violations and unfair and deceptive trade practices under the statutes of
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`seven states, asserting BlueTriton misbrands Poland Spring® bottled water (“Poland Spring®”)
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`as “spring water” when, according to plaintiffs, it is not spring water compliant with the United
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`States Food and Drug Administration’s spring water standard of identity, 21 CPR.
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`{3'
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`ORAL ARGUMENT REQUESTED
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`

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`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 2 of 4
`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 2 of 4
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`l65.110(a)(2)(vi). Plaintiffs seek to represent a class and state sub—classes of purchasers of
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`Poland Spring® bottled water products in eight northeastern states who “purchased Poland
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`Spring Water for consumptive purposes after November 5, 2003.” ECF N0. 160 11 820.
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`Plaintiffs admit in their Complaint that all of their claims are subject to “all applicable statutes of
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`limitations.” Id. 11 812.
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`BlueTriton is entitled to partial summary judgment against certain of Plaintiffs’ claims as
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`a matter of law, as follows:
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`0
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`Plaintiffs’ claims for common-law fraud (Count I) and statutory consumer
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`protection and unfair trade practice act violations (Counts III, IV, V, VI, VII, X, XI, and X11) are
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`subject to three-year limitations periods and thus are time-barred to the extent they seek relief
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`based on purchases of Poland Spring® bottled water products made more than three years prior
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`to the August 15 , 2017 filing of their initial complaint in this action (i. e., August 15, 2014).
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`o
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`Plaintiffs’ breach of contract claims (Count II) are subject to a four-year
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`limitations period and are time-barred to the extent they seek relief based on purchases of Poland
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`Spfing® bottled water products made more than four years prior to the August 15, 2017 filing of
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`their initial complaint in this action (i.e., August 15, 2013).
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`Plaintiffs cannot meet
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`their summary judgment burden of establishing that
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`these
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`limitations periods “have been tolled” based on theories of fraudulent concealment, estoppel, and
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`the discovery rule pled in their Complaint. Id.; see id. 1111 809-816. As a matter of law, none of
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`plaintiffs’ causes of action is susceptible to any of these tolling doctrines. Even if one or more of
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`those tolling doctrines could somehow apply to plaintiffs’ claims, plaintiffs have no facts or
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`evidence capable of establishing the essential elements necessary to prove the applicability any
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`of those doctrines to any of their claims as a matter of law.
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`

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`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 3 of 4
`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 3 of 4
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`WHEREFORE, as set
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`forth in BlueTriton’s accompanying memorandum of law,
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`Statement of Undisputed Material Facts, and the supporting Declaration of Alexander S.
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`Firsichbaum filed herewith and the supporting Declaration of John V. Reilly III previously filed
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`(ECF No. 53—2), Defendant BlueTriton respectfully requests that
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`this Court enter partial
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`summary judgment in its favor with respect to Counts I, III, IV, V, VI, VII, X, XI, and XII of
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`plaintiffs’ Complaint to the extent that they seek relief based on purchases of Poland Spring®
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`bottled water products occurring prior to August 15, 2014, and with respect to Count II of
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`plaintiffs’ Complaint to the extent that it seeks relief based on purchases of Poland Spring®
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`bottled water products occurring prior to August 15 , 2013.
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`Respectfully submitted,
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`DEFENDANT, BLUETRITON BRANDS, INC.,
`FORMERLY KNOWN AS
`NESTLE WATERS NORTH AMERICA INC.
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`By:
`
`/s/Jonathcm B. Trogg
`Jonathan B. Tropp (ct11295)
`Day Pitney LLP
`195 Church Street, 15th Floor
`New Haven, CT 06510
`Telephone: (203) 752-5000
`Fax: (203) 752-5001
`jbtropp@daypitney.com
`
`Jeffrey M. Garrod (admitted phv)
`Craig A. Ollenschleger (admitted phv)
`Orloff, Lowenbach, Stifelman & Siegel, PA.
`44 Whippany Road, Suite 100
`Morristown, NJ 07960
`.
`Telephone: (973) 622-6200
`Fax: (973) 622-3073
`jmg@olss.com; co@olss.com
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`Thomas B. Mayhew (admitted phv)
`Farella, Braun & Martel LLP
`235 Montgomery St., 30th Flr.
`San Francisco, CA 94104
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`

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`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 4 of 4
`Case 3:17-cv-01381-JAM Document 323 Filed 06/22/21 Page 4 of 4
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`Telephone: (415) 954-4400
`Fax: (415) 954-4480
`tmayhew@fbm.com
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`Its Attorneys
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`