This case was last updated from PACER on 06/05/2021 at 09:33:41 (UTC).

Gothot v. Nurture, Inc.

Case Summary

On, April 06, 2021, Alyse Gothot (“Plaintiff”), on behalf of herself and all others similarly situated, represented by William F. Cash of Levin Papantonio, Thomas Mitchell Rafferty & Proctor, filed a personal property fraud lawsuit against Nurture, Inc. (“Nurture” or “Defendant”), seeking punitive and statutory damages with disgorgement of all ill-gotten gains and both pre and post- judgement interest for allegedly advertising products containing heavy metals, inorganic arsenic (“arsenic”), lead, cadmium, and mercury (collectively, the “Toxicants”), which poses a serious risk to children’s health and well-being. This case was filed in the U.S. District Courts for the Northern District of Ohio with Judge J. Philip Calabrese presiding. 

 

Class Definition: “Plaintiff brings this action on behalf of herself and All persons within the United States who purchased one or more of the Products from the beginning of the applicable statutory period through present (the “National Class”).” and also on behalf of the Multistate class and the Ohio class.

 

In her complaint, the Plaintiff alleged that, “Defendant knows that food safety is of primary concern to parents and, for this reason, it tests internally for the Toxicants. However, Defendant has failed to heed its own test results and has sold Products with Toxicants exceeding its own internal limits of acceptability. Defendant conceals the existence of these Toxicants in the Products’ listed ingredients. The omitted information is wholly inconsistent with the Products’ label representations, which are intended to—and do, in fact—persuade reasonable consumers that the Products are wholesome. Defendant’s consistent messaging across different Product formulations, different media, and across all marketing touchpoints means that messaging for any one Product formulation reinforces its inaccurate and misleading claims for other and all formulations.”

 

The Plaintiff further alleged that, “In reality, and contrary to these pervasive label representations, the Toxicants contained in Defendant’s Products are not nutritious and no reasonable parent would feed their child meals and snacks containing elevated and unacceptable levels of arsenic, lead, cadmium, or mercury. The United States House of Representatives Report, “Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium and Mercury” (“Congressional Report”) examines Defendant’s misconduct. It states: “Even low levels of exposure can cause serious and often irreversible damage to brain development.” “Defendant’s Products not only contain these Toxicants, but contain levels of the Toxicants that are unacceptable by virtually any public health standard, and certainly are unacceptable to reasonable parents”.

There are four claims for relief laid down by the Plaintiff. The first claim is for the alleged violation of Ohio’s Consumer Sales Practices Act (ORC §§ 1345.01, et seq.). The second claim is for the alleged violation of the Ohio Deceptive Trade Practices Act (ORC §§ 4165.01, et seq.) because Plaintiff and the Class purchased Defendant’s Products under the impression that the Products were fit for their intended use, which is to feed to young children and toddlers. The third claim is for the alleged violation of various state consumer protection acts. The Fourth claim is for alleged unjust enrichment. 

 

In its prayer for relief, the Plaintiff has requested the court for an order requiring imposition of a constructive trust and and/or disgorgement of Defendant’s ill-gotten gains, and to pay restitution to Plaintiff and all members of each of the Classes, award of damages, including all available statutory and punitive damages, award of prejudgment and post-judgment interest to Plaintiff and members each of the Classes if applicable, along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00742

  • Filing Date:

    04/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

J. Philip Calabrese

 

Party Details

Plaintiff

Alyse Gothot

Defendant

Nurture, Inc. doing business as Happy Family Brands

Attorney/Law Firm Details

Plaintiff Attorneys

William F. Cash

Attorney at Levin Papantonio Rafferty

316 South Baylen Street

Pensacola, FL 32502

Rachel L. Soffin

Attorney at Milberg Coleman Bryson Phillips Grossman

800 South Gay Street

Knoxville, TN 37929

Greg Frederic Coleman

Attorney at Milberg Coleman Bryson Phillips Grossman

800 South Gay Street

Knoxville, TN 37929

Matthew D. Schultz

Attorney at Levin Papantonio Thomas Mitchell Rafferty & Proctor

316 S Baylen Street

Pensacola, FL 32502

Rebecca K. Timmons

Attorney at Levin Law

316 South Baylen Street

Pensacola, FL 32502

Defendant Attorney

Richard A. Chesley

Attorney at DLA Piper - Chicago

444 West Lake Street

Chicago, IL 60606

 

Court Documents

#6

#9

#10

#11

 

Docket Entries

  • 06/04/2021
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  • DocketCase electronically transferred to the Southern District of New York. Related document(s) #11 . (S,SR) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#11) Order: The Court directs the Clerk to TRANSFER this case to the Southern District of New York. Judge J. Philip Calabrese on 6/4/2021. (Y,A) (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#10) Proposed Order on Joint Stipulation For Transfer of Venue Pursuant To 28 U.S.C. 1404(a) filed by Nurture, Inc.. (Chesley, Richard) (Entered: 06/03/2021)

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  • 05/25/2021
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  • Docket(#9) Notice of Firm Name and Email Address Change filed by Alyse Gothot. (Coleman, Greg) (Entered: 05/25/2021)

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  • 04/23/2021
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  • DocketOrder [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Rebecca K. Timmons for Alyse Gothot. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #8 ). Judge J. Philip Calabrese on 4/23/2021. (Y,A) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#8) Motion for attorney Rebecca K. Timmons to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660130998, filed by Plaintiff Alyse Gothot. (Attachments: #1 Certificate of Good Standing, #2 Cover Letter, #3 Envelope) (R,AP) (Entered: 04/23/2021)

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  • 04/16/2021
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  • Docket(#7) Case Management Conference Scheduling Order with case management conference to be held on 6/7/2021 at 3:00 PM in Chambers 16B before Judge J. Philip Calabrese. SO ORDERED. Judge J. Philip Calabrese on 4/16/2021. (Attachments: #1 Rule 26 Report of Parties) (Y,A) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#6) Waiver of Service Returned Executed by Alyse Gothot. Nurture, Inc. waiver sent on 4/15/2021, answer due 6/14/2021 filed on behalf of Alyse Gothot (Soffin, Rachel) (Entered: 04/16/2021)

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  • 04/09/2021
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  • DocketOrder [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Rachel L. Soffin for Alyse Gothot. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #5 ). Judge J. Philip Calabrese on 4/9/2021. (Y,A) (Entered: 04/09/2021)

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  • 04/09/2021
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  • DocketOrder [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Greg Frederic Coleman for Alyse Gothot. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #4 ). Judge J. Philip Calabrese on 4/9/2021. (Y,A) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#5) Motion for attorney Rachel L. Soffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10768799, filed by Plaintiff Alyse Gothot. (Attachments: #1 Exhibit A - Certificates of Good Standing)(Soffin, Rachel) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#4) Motion for attorney Gregory F. Coleman to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10768782, filed by Plaintiff Alyse Gothot. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Coleman, Greg) (Entered: 04/08/2021)

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  • 04/08/2021
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  • DocketOrder [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Matthew D. Schultz for Alyse Gothot. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #3 .) Judge J. Philip Calabrese on 4/8/2021. (Y,A) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) Motion for attorney Matthew D. Schultz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10767173, filed by Plaintiff Alyse Gothot. (Attachments: #1 Exhibit Certificate of Good Standing)(Schultz, Matthew) (Entered: 04/08/2021)

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  • 04/06/2021
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  • Docket(#2) Original Summons and Magistrate Consent Form issued to counsel for service upon Nurture, Inc. (Attachments: #1 Magistrate Consent Form) (M,MT) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketRandom Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,MT) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketJudge J. Philip Calabrese assigned to case. (M,MT) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#1) Complaint with jury demand against Nurture, Inc. Filing fee paid $402.00, Receipt number AOHNDC-10763111. Filed by Alyse Gothot. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Cash, William) (Entered: 04/06/2021)

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