Case MDL No. 2997 Document 1 Filed 03/08/21 Page 1 of 4
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`BEFORE THE UNITED STATES
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`JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
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`IN RE:
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`MDL No.________________________
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`BABY FOOD MARKETING, SALES
`PRACTICES AND PRODUCTION LIABILITY
`LITIGATION
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`PLAINTIFFS’ MOTION FOR TRANSFER OF ACTIONS TO
`THE EASTERN DISTRICT OF NEW YORK PURSUANT TO 28 U.S.C. § 1407
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`Case MDL No. 2997 Document 1 Filed 03/08/21 Page 2 of 4
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`Pursuant to 28 U.S.C. § 1407 and Rule 6.2(a) of the Rules of Procedure of the Judicial
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`Panel on Multidistrict Litigation, Plaintiffs Lori-Anne Albano, Myjorie Philippe, Rebecca Telaro
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`and Alyssa Rose (“Albano Plaintiffs”) in the case titled Albano, et al. v. Hain Celestial Group,
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`Inc., et al., Case No. 21-cv-01118 (E.D.N.Y.), respectfully request that all currently filed cases
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`identified in the accompanying Schedule of Actions (“Actions”), as well as any cases
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`subsequently filed involving similar facts or causes of action (“tag along cases”) (collectively,
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`“Related Actions”), be transferred to the Eastern District of New York for coordination of
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`pretrial proceedings. There are currently __ actions pending in 12 different judicial districts in
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`the United States alleging similar wrongful conduct against eight baby food companies: Beech-
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`Nut Nutrition Company; Campbell Soup Company; Gerber Products Company; Hain Celestial
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`Group, Inc.; North Castle Partners; Nurture, Inc.; Plum, PBC; and Walmart, Inc. (“Defendants”).
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`Transfer for pretrial consolidation and coordination is proper and necessary for the
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`following reasons:
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`1.
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`2.
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`3.
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`4.
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`The Related Actions are proposed class actions alleging numerous causes of
`action relating to Defendants’ marketing and sale of baby foods sold throughout
`the United States. These claims include, but are not limited to, unfair business
`practices, violations of various state consumer protection statutes, breach of
`implied warranty, unjust enrichment, and fraudulent concealment and omission.
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`There are currently __ actions alleging similar claims pending in the following
`federal district courts: Central District of California, Northern District of
`California, District of Colorado, Middle District of Florida, Northern District of
`Illinois, District of Kansas, Western District of Missouri, District of New Jersey,
`Eastern District of New York, Northern District of New York, Southern District
`of New York, and the Eastern District of Virginia.
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`Each of the Related Actions arises out of the same or similar nucleus of operative
`facts, and all arise out of the same or similar alleged wrongful conduct.
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`Each of the Related Actions will involve the resolution of the same or similar
`questions of fact and law, as they all stem from similar conduct of the Defendants.
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`Case MDL No. 2997 Document 1 Filed 03/08/21 Page 3 of 4
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`5.
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`6.
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`Discovery in each of the Related Actions will be substantially similar and will
`involve the same type of documents because each Related Action arises from the
`same or similar nucleus of operative facts.
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`Each of the Related Actions was filed after February 4, 2021 and hence is in its
`early stages. No discovery has commenced in any of the Related Actions. Thus,
`no prejudice or inconvenience will result from the transfer, coordination, and
`consolidation of the Related Actions to the Eastern District of New York.
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`For the foregoing reasons, and as explained in more detail in the accompanying Brief in
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`Support, the transfer, coordination, and consolidation of the Related Actions and tag along cases
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`to the Eastern District of New York will promote an efficient administration of the Related
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`Actions. According, Albano Plaintiffs respectfully request that the Related Actions listed on the
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`annexed Schedule of Actions be transferred to the Eastern District of New York for
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`consolidation and coordinated proceedings.
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`Dated: March 8, 2021
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` Respectfully submitted,
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`/s/ Douglas J. McNamara
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`Douglas J. McNamara
`Geoffrey A. Graber
`Brian E. Johnson
`Paul M. Stephan
`COHEN MILSTEIN SELLERS & TOLL
`PLLC
`1100 New York Ave. NW
`East Tower, 5th Floor
`Washington, DC 20005
`Telephone: (202) 408-4600
`Facsimile: (202) 408-4699
`Email: dmcnamara@cohenmilstein.com
`Email: ggraber@cohenmilstein.com
`Email: bejohnson@cohenmilstein.com
`Email: pstephan@cohenmilstein.com
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`Rosemary M. Rivas
`Mark Troutman
`Rosanne L. Mah
`GIBBS LAW GROUP LLP
`505 14th Street, Suite 110
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`Case MDL No. 2997 Document 1 Filed 03/08/21 Page 4 of 4
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`Oakland, California 94612
`Telephone: (510) 350-9700
`Facsimile: (510) 350-9701
`Email: rmr@classlawgroup.com
`Email: mht@classlawgroup.com
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`Attorneys for Plaintiffs Lori-Anne Albano,
`Myjorie Philippe, Rebecca Telaro, and
`Alyssa Rose
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