Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`NICOLE STEWART, on behalf of themselves and all
`others similarly situated, et al.,
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`USDC SDNY
`DOCUMENT
`ELECTRONICALLY FILED
`DOC #:
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`
`
`
`DATE FILED:
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`(cid:27)(cid:18)(cid:22)(cid:19)(cid:18)(cid:21)(cid:19)(cid:21)(cid:20)
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`NURTURE, INC.
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`Plaintiffs,
`
`-against-
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`Defendant.
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`STEPHANIE SOTO, individually and on behalf of all
`others similarly situated,
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`NURTURE, INC.
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`Plaintiff,
`-against-
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`Defendant.
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`NITA JAIN, individually and on behalf of all others
`similarly situated,
`
`1:21-cv-1217-MKV
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`ORDER
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`1:21-cv-1271-MKV
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`Plaintiff,
`-against-
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`1:21-cv-1473-MKV
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`NURTURE, INC., d/b/a Happy Family Brands,
`Defendant.
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`JODI SMITH, Individually and on Behalf of All
`Others Similarly Situated,
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`NURTURE, INC.,
`
`Plaintiff,
`-against-
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`Defendant.
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`1:21-cv-1534-MKV
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`

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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 2 of 7
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`LILLIAN HAMPTON et al.,
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`Plaintiffs,
`-against-
`NURTURE, INC., d/b/a Happy Family Organics and
`Happy Baby Organics,
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`Defendants.
`
`AMY WESTIN, individually and on behalf of all
`others similarly situated,
`
`Plaintiff,
`
`-against-
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`NURTURE, INC., d/b/a Happy Family Brands,
`
`Defendant.
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`JESSICA STROBEL, individually and on behalf of all
`others similarly situated,
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`1:20-cv-1882-MKV
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`
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`
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`1:21-cv-2101-MKV
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`Plaintiff,
`-against-
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`1:21-cv-2129-MKV
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`NURTURE, INC., d/b/a Happy Family Brands,
`Defendant.
`
`TIFFANIE SKIBICKI, individually and on behalf of
`all others similarly situated,
`
`Plaintiff,
`-against-
`
`1:21-cv-2553-MKV
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`NURTURE, INC., d/b/a Happy Family Organics, and
`Does 1 through 10, inclusive,
`Defendants.
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`
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`2
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`

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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 3 of 7
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`ANGELA GUTIERREZ, individually and on behalf
`of all others similarly situated,
`Plaintiff,
`-against-
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`NURTURE, INC.,
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`Defendant.
`
`ALYSE GOTHOT, on behalf of herself and all others
`similarly situated,
`
`Plaintiff,
`
`-against-
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`NURTURE, INC., d/b/a Happy Family Brands,
`Defendant.
`
`CHARLES ROBBINS, individually and on behalf of
`all others similarly situated,
`
`Plaintiff,
`-against-
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`NURTURE, INC., d/b/a Happy Family Brands, d/b/a
`Happy Family Organics,
`
`Defendant.
`
`ERIK LAWRENCE, on behalf of herself and all
`others similarly situated, et al.,
`
`NURTURE, INC.
`
`Plaintiffs,
`
`-against-
`
`Defendant.
`
`
`
`
`
`1:21-cv-3499-MKV
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`
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`1:21-cv-4997-MKV
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`
`1:21-cv-5344-MKV
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`
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`1:21-cv-5748-MKV
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`3
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`

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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 4 of 7
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`MYJORIE PHILIPPE, on behalf of herself and all
`others similarly situated, et al.,
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`NURTURE, INC.
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`Plaintiffs,
`
`-against-
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`Defendant.
`
`EDELIN ALTUVE, individually, and on behalf of all
`others similarly situated, et al.,
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`NURTURE, INC.,
`
`Plaintiffs,
`
`-against-
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`Defendant.
`
`ERIN SPENCER, on behalf of herself and a class of
`others similarly situated,
`
`Plaintiff,
`
`-against-
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`NURTURE INC., a New York corporation,
`
`Defendant.
`
`CAITLIN WILLIAMS, individually and on behalf of
`all others similarly situated,
`
`Plaintiff,
`
`-against-
`
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`
`
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`
`
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`NURTURE INC. et al.,
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`Defendants.
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`
`MARY KAY VYSKOCIL, United States District Judge:
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`4
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`1:21-cv-6632-MKV
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`1:21-cv-6678-MKV
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`1:21-cv-6861-MKV
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`1:21-cv-6918-MKV
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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 5 of 7
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`WHEREAS, there are currently sixteen (16) putative class actions pending in this District
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`alleging violations of various state statutes and common law based on the same or similar facts
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`and issues of law filed against Nurture, Inc. (“Nurture” or “Defendant”).
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`WHEREAS, the Court held a conference in the sixteen above-referenced cases on August
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`27, 2021, at which Nurture consented and no Plaintiff objected to consolidation of these actions.
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`WHEREAS, entry of this Order will promote judicial economy, avoid duplicative motion
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`and discovery proceedings and streamline adjudication of related matters.
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`IT IS HEREBY ORDERED THAT:
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`1.
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`Other than as described in paragraph two (2) below, the sixteen (16) above-
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`referenced actions, only to the extent they name Nurture as the sole baby food manufacturer
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`defendant, are hereby consolidated before the Honorable Mary Kay Vyskocil and shall hereafter
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`be identified as: In re Nurture Baby Food Litigation, Master File No. 1:21-cv-01217-MKV (the
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`“Consolidated Actions”).
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`2.
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`Any and all personal injury and product liability claims for damages for bodily
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`injuries (collectively, the “Personal Injury Claims”) asserted against Nurture in the above-
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`captioned actions and any future actions, if any, shall not be asserted in the Consolidated Actions;
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`instead, any and all such Personal Injury Claims against Nurture that arise out of the same or
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`similar facts as alleged in the Consolidated Actions shall proceed separately.
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`3.
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`Any actions asserting consumer protection type claims against Nurture hereafter
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`filed in, or transferred or removed to, this District which arise out of the same or similar facts—
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`namely, allegations that Nurture’s baby food products are and were tainted with toxic heavy
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`metals—shall, when the Court is apprised of them, and the case is assigned to me, be consolidated
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`for all purposes with the Consolidated Actions, to the extent such cases allege consumer protection
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`type claims against Nurture.
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`5
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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 6 of 7
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`4.
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`The parties shall notify the Court of any other action which is pending or filed
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`outside of this District which may be related to the subject matter of the Consolidated Actions
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`and/or the Personal Injury Claims if and when they become aware of such actions.
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`5.
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`To the extent they are deemed related and/or are otherwise assigned to me, absent
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`further Order of the Court, any cases asserting Personal Injury Claims hereafter filed in, or
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`transferred or removed to, this District which arise out of the same or similar facts shall be
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`consolidated or coordinated with each other (and not the Consolidated Actions), as appropriate,
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`with any other action alleging Personal Injury Claims against Nurture only to the extent they
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`contain Personal Injury Claims, and discovery and other pretrial proceedings in those cases shall
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`proceed separately.
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`6.
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`Every pleading in In re Nurture Baby Food Litigation, Master File No. 1:21-cv-
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`01217-MKV, shall bear the following caption:
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
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`In re NURTURE BABY FOOD LITIGATION
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`)
`) Master File No.: 1:21-cv-01217-MKV
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`)
`)
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`This Document Relates To:
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`7.
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`When a pleading is intended to be applicable to all actions to which this Order is
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`applicable, the words “All Actions” shall appear immediately after the words “This Document
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`Relates to:” in the caption set out above. When a pleading is intended to be applicable only to
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`some, but not all, of such actions, this Court’s docket number for each individual action to which
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`the pleading is intended to be applicable and the last name of the first-named plaintiff in said action
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`shall appear immediately after the words “This Document Relates to:” in the caption described
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`above.
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`6
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`Case 1:21-cv-01217-MKV Document 47 Filed 08/30/21 Page 7 of 7
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`8.
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`The deadline for the filing of any motions in the Consolidated Actions seeking
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`interim lead counsel appointment pursuant to Fed. R. Civ. P. 23(g) is September 28, 2021.
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`Omnibus papers in response to the Fed. R. Civ. P. 23(g) motions shall be filed on or before October
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`19, 2021. The deadline for the filing of any reply briefs is October 26, 2021.
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`9.
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`Absent further Order of the Court, the deadline for the filing of a consolidated
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`complaint in the Consolidated Actions is sixty (60) days following the entry of an order under Fed.
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`R. Civ. P. 23(g). The deadline for the filing of Defendant’s response to the consolidated complaint
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`is forty-five (45) days after the filing of the consolidated complaint. The Court GRANTS
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`Defendant leave to file a motion to dismiss the consolidated complaint and waives the requirement
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`in the Court’s Individual Practice Rules that Defendant file a letter requesting a pre-motion
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`conference. Should Defendant move to dismiss the consolidated complaint, the deadline for the
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`filing of Plaintiffs’ papers in opposition is forty-five (45) days following the filing of the motion
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`to dismiss. Defendant’s reply papers shall be filed twenty-one (21) days after the filing of
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`Plaintiffs’ opposition papers.
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`10.
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`The parties shall consult the Court’s Individual Practice Rules and ensure
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`compliance therewith. Failure to comply with the deadlines or other terms of this Order may
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`result in sanctions, including preclusion or dismissal of claims or defenses.
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`SO ORDERED.
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`Date: August 30, 2021
`New York, NY
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`_________________________________
`______________ ____________________________________________ _______________________________________________________________________________ _____________ _____________________________
`MARY KAY VYSKOCIL
`MARYYYYYYYYYYY KKKKKKKKKKKKKAY VYSYSYSYSYSYSYSYSYSYYYSKOCICICICICICICICICICICIILLLLLLLLL
`United States District Judge
`United SSSSSSSSSSSSSStttatttttt tes Diiiiiiiiststststststststststrict Judge
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`7
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