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This case was last updated from PACER on 06/18/2021 at 13:13:57 (UTC).

Bryan et al v. Gerber Products Company

Case Summary

On April 19, 2021, Alexis Bryan, Millisa Ducasse, and Tally Rokocz (“Plaintiffs”), individually and on behalf of themselves similarly situated, represented by Brian Aaron Richardson of Ford Richardson PC, filed a contract class action lawsuit against Gerber Products Company (“Defendant” or “Gerber”), seeking enjoinment, declaratory and injunctive relief for alleged negligent, reckless, and/or intentional practice of misrepresenting and failing to fully disclose the heavy metals in baby food that contained unsafe levels of toxic heavy metals. This case was filed in the U.S. District Court for the Eastern District of Virginia with Judges Liam O'Grady and Theresa Carroll Buchanan presiding. 

 

The Plaintiffs bring this action as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3). individually and on behalf of others similarly situated i.e all persons in the United States who, from the beginning of any applicable limitations period through the present, purchased the Gerber Baby Foods for household or business use, and not for resale (the “Class”) and California, Minnesota and Pennsylvania state classes.

 

In their complaint, the Plaintiffs alleged that, “Parents and other caregivers, including Plaintiffs and members of the Class and Subclasses, reasonably believe that the baby food they purchase for their babies will be healthy, nutritious, and non-toxic. Alarmingly, they were wrong. On February 4, 2021, the United States House of Representatives Committee on Oversight and Reform’s Subcommittee on Economic and Consumer Policy (the “House Subcommittee”) released a report entitled “Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury”1 (the “Report”). According to the Report, several brands of baby food sold in the United States, including those sold by Defendant Gerber, contain unsafe levels of toxic heavy metals including metals such as arsenic, lead, and cadmium.”

 

The Plaintiffs further alleged that, “Defendant Gerber knew that the presence of toxic heavy metals in their baby food was a material fact to consumers, yet omitted and concealed the unsafe level of heavy metals from consumers. To this day, Defendant Gerber’s baby foods containing dangerous levels of toxic heavy metals bear no label or warning to parents. The defendant wrongfully and misleadingly advertised and sold the Gerber Baby Foods without any label or warning indicating to consumers that these products contain heavy metals, or that these toxins can over time accumulate in the baby’s body to the point where poisoning, injury, and/or disease can occur. Gerber intentionally omitted these facts from its marketing, advertising and labeling in order to induce and mislead reasonable consumers into purchasing Gerber Baby Foods.”

 

There are multiple claims for relief laid down by the Plaintiff; they are for breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, negligent misrepresentation, unjust enrichment, and California’s Unfair Competition Law Cal. Bus. & Prof. Code §§ 17200 et seq.

 

In their prayer for relief, the Plaintiffs have requested the court to certify this action as class action, enjoin the Defendant from selling the Gerber Baby Foods until the levels of heavy metals are removed or full disclosure of the presence of such appears on all labels, and enjoin the Defendant from selling the Gerber Baby Foods in any manner suggesting or implying that they are healthy. The Plaintiffs further requested the Court for an order awarding declaratory relief, and any further retrospective or prospective injunctive relief permitted by law or equity, including enjoining Defendant from continuing the unlawful practices alleged herein, and injunctive relief to remedy Defendant’s past conduct. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00478

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Virginia Eastern District

Judge Details

Presiding Judge

Liam O'Grady

Referral Judge

Theresa Carroll Buchanan

 

Party Details

Plaintiffs

Milissa Ducasse

Alexis Bryan

Tally Rokocz

Defendant

Gerber Products Company

Attorney/Law Firm Details

Plaintiff Attorneys

Brian Aaron Richardson

Attorney at Ford Richardson PC

901 E. Byrd Street, Suite 1800, Riverfront Plaza

Richmond, VA 23219

Joseph P Guglielmo

Attorney at Scott & Scott, Attorneys at Law, LLP

The Helmsley Building, 230 Park Avenue, Ste 17Th Floor

New York, NY 10169

Steven Lawrence Bloch

Attorney at Silver Golub & Teitell LLP (NA)

184 Atlantic Street

Stamford, CT 06901

Sean Thomas Masson

Attorney at Scott + Scott Attorneys at Law LLP (NY-NA)

The Helmsley Building, 230 Park Avenue, 17Th Floor

New York, NY 10169

Erin Green Comite

Attorney at Scott & Scott Attorneys at Law LLP (CT-NA)

Ian Wise Sloss

Attorney at Silver Golub & Teitell LLP (NA)

184 Atlantic Street

Stamford, CT 06901

Defendant Attorneys

Geoffrey White Castello, III

Attorney at Kelley Drye & Warren LLP (NA-NJ)

One Jefferson Road, 2Nd Floor

Parsippany, NJ 07054

Kathryn Jordan Mims

Attorney at White & Case LLP

1155 Avenue Of The Americas

New York, NY 10036

Bryan A Merryman

Attorney at White & Case LLP (CA- NA)

555 South Flower Street, Suite 2700

Los Angeles, CA 90071

 

Court Documents

27 #4

Exhibit D

27 #3

Exhibit C

27 #2

Exhibit B

27 #1

Exhibit A

#27

(#27) REPLY to Response to Motion re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey filed by Gerber Products Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mims, Kathryn) (Entered: 06/17/2021)

#26

(#26) RESPONSE in Opposition re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey filed by Alexis Bryan. (Richardson, Brian) (Entered: 06/11/2021)

19 #2

Proposed Order

19 #1

Exhibit A

#19

(#19) MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey by Gerber Products Company. (Attachments: #1 Exhibit A, #2 Proposed Order)(Mims, Kathryn) (Entered: 05/21/2021)

#5

(#7) ORDER granting #5 Motion for Pro hac vice Appointed Sean Thomas Masson for Alexis Bryan,Sean Thomas Masson for Milissa Ducasse,Sean Thomas Masson for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

4 #1

Letter Application for Pro Hac Vice

#4

(#4) First Motion to appear Pro Hac Vice by Ian Wise Sloss and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7750857. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Attachments: #1 Letter Application for Pro Hac Vice)(Richardson, Brian) (Entered: 04/23/2021)

3 #1

Letter Application for Pro Hac Vice

#3

(#9) ORDER granting #3 Motion for Pro hac vice Appointed Joseph Peter Guglielmo for Alexis Bryan,Joseph Peter Guglielmo for Milissa Ducasse,Joseph Peter Guglielmo for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

2 #1

Letter Application for Pro Hac Vice

#2

(#8) ORDER granting #2 Motion for Pro hac vice Appointed Erin Green Comite for Alexis Bryan,Erin Green Comite for Milissa Ducasse,Erin Green Comite for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

1 #1

Civil Cover Sheet Cover sheet

#1

(#1) Complaint Initial ( Filing fee $ 402, receipt number AVAEDC-7735901.), filed by Tally Rokocz, Milissa Ducasse, Alexis Bryan. (Attachments: #1 Civil Cover Sheet Cover sheet)(Richardson, Brian) (Entered: 04/19/2021)

37 More Documents Available
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Docket Entries

  • 06/17/2021
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  • Docket(#27) REPLY to Response to Motion re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey filed by Gerber Products Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mims, Kathryn) (Entered: 06/17/2021)

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  • 06/11/2021
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  • Docket(#26) RESPONSE in Opposition re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey filed by Alexis Bryan. (Richardson, Brian) (Entered: 06/11/2021)

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  • 06/02/2021
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  • Docket(#25) ORDER granting #24 First MOTION for Extension of Time to File Response/Reply in a Civil Action; directing that Plaintiff's time to file their opposition is extended to June 11, 2021, with Defendant's reply due six days thereafter, with the hearing on the motion to be conducted on June 25, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 6/2/2021. (shea) (Entered: 06/02/2021)

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  • 06/02/2021
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  • Docket(#24) First MOTION for Extension of Time to File Response/Reply in a Civil Action by Alexis Bryan. (Attachments: #1 Proposed Order Extension of Time to Respond to Defendant's Motion to Transfer Venue)(Richardson, Brian) (Entered: 06/02/2021)

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  • 05/28/2021
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  • Docket(#22) ORDER granting #17 Motion for Pro hac vice Appointed Geoffrey White Castello, III for Gerber Products Company. Signed by District Judge Liam O'Grady on 05/28/2021. (clar, ) (Entered: 06/01/2021)

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  • 05/24/2021
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  • Docket(#23) ORDER granting #16 Motion for Pro hac vice Appointed Bryan A Merryman for Gerber Products Company. Signed by District Judge Liam O'Grady on 05/24/2021. (clar, ) (Entered: 06/01/2021)

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  • 05/24/2021
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  • DocketSet Deadlines as to #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey. Motion Hearing set for 6/25/2021 at 10:00 AM in Alexandria Telephonically before District Judge Liam O'Grady. (clar, ) (Entered: 05/24/2021)

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  • 05/21/2021
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  • Docket(#21) Notice of Hearing Date June 25, 2021 at 10:00 a.m. re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey (Mims, Kathryn) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#20) Memorandum in Support re #19 MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey filed by Gerber Products Company. (Mims, Kathryn) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#19) MOTION to Transfer Case / Defendant Gerber Products Company's Motion to Transfer Venue to the District of New Jersey by Gerber Products Company. (Attachments: #1 Exhibit A, #2 Proposed Order)(Mims, Kathryn) (Entered: 05/21/2021)

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9 More Docket Entries
  • 05/10/2021
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  • Docket(#9) ORDER granting #3 Motion for Pro hac vice Appointed Joseph Peter Guglielmo for Alexis Bryan,Joseph Peter Guglielmo for Milissa Ducasse,Joseph Peter Guglielmo for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#8) ORDER granting #2 Motion for Pro hac vice Appointed Erin Green Comite for Alexis Bryan,Erin Green Comite for Milissa Ducasse,Erin Green Comite for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#7) ORDER granting #5 Motion for Pro hac vice Appointed Sean Thomas Masson for Alexis Bryan,Sean Thomas Masson for Milissa Ducasse,Sean Thomas Masson for Tally Rokocz. Signed by District Judge Liam O'Grady on 5/10/2021. (clar, ) (Entered: 05/11/2021)

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  • 04/28/2021
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  • Docket(#6) Motion to appear Pro Hac Vice by Steven Bloch and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7758766. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Richardson, Brian) (Entered: 04/28/2021)

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  • 04/23/2021
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  • Docket(#5) First Motion to appear Pro Hac Vice by Sean Thomas Masson and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7750867. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Attachments: #1 Letter Application for Pro Hac Vice)(Richardson, Brian) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#4) First Motion to appear Pro Hac Vice by Ian Wise Sloss and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7750857. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Attachments: #1 Letter Application for Pro Hac Vice)(Richardson, Brian) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#3) First Motion to appear Pro Hac Vice by Joseph Peter Guglielmo and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7750836. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Attachments: #1 Letter Application for Pro Hac Vice)(Richardson, Brian) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#2) First Motion to appear Pro Hac Vice by Erin Green Comite and Certification of Local Counsel Brian A. Richardson Filing fee $ 75, receipt number AVAEDC-7750509. by Alexis Bryan, Milissa Ducasse, Tally Rokocz. (Attachments: #1 Letter Application for Pro Hac Vice)(Richardson, Brian) (Entered: 04/23/2021)

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  • 04/19/2021
  • DocketInitial Case Assignment to District Judge Liam O'Grady and Magistrate Judge Theresa Carroll Buchanan. (aott, ) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#1) Complaint Initial ( Filing fee $ 402, receipt number AVAEDC-7735901.), filed by Tally Rokocz, Milissa Ducasse, Alexis Bryan. (Attachments: #1 Civil Cover Sheet Cover sheet)(Richardson, Brian) (Entered: 04/19/2021)

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