This case was last updated from U.S. District Courts on 05/04/2022 at 08:30:16 (UTC).

Greenpeace, Inc. v. Walmart, Inc.

Case Summary

On December 14, 2020, Greenpeace, Inc., (“Plaintiff”), represented by Howard Judd Hirsch, Meredyth Lynn Merrow, and Ryan Benjamin Berghoff of Lexington Law Group, filed a civil complaint against Walmart Inc., represented by Eva Marie Mannoia Weiler of Shook Hardy & Bacon L.L.P., seeking injunctive and corrective reliefs amongst other claims for alleged unlawful, unfair and deceptive trade practices. This case was filed in U.S. District Court in the Northern District of California with Judge Maxine M. Chesney presiding.

In the complaint, Plaintiff alleged that “The Products are advertised, marketed, and sold as recyclable. However, the Products are in not in fact recyclable because consumers do not have access to recycling programs that accept the Products, the Products cannot be separated or recovered from the general waste stream and sorted into the correct materials bale by material recovery facilities (“MRF’s”), and there are no end markets to reuse the Products or convert the Products into a material that can be reused or used in manufacturing or assembling another item. Despite Defendants’ marketing and advertising of the Products as recyclable, most of the Products typically end up in landfills, incinerators, communities or the natural environment. Defendants’ representation that the Products are recyclable are material, false, misleading, and likely to deceive members of the public. These representations also violate California’s declared legislative policy against misrepresenting the environmental attributes of Products.”

Plaintiff further alleged that ”In their haste to lure customers to environmentally friendly products and packaging, Defendants are making environmental marketing claims that are false, misleading, and deceptive. The claims made by Defendants that the Products are recyclable are consistent and material to a reasonable consumer. Because the claims are false and misleading, ordinary consumers are likely to be deceived by such representations.” Plaintiff also alleged that “Defendants are aware that the Products are not recyclable, including under their own definition of recyclability, yet Defendants have not undertaken any effort to notify their customers of the problem. Defendants’ failure to disclose that the Products are not recyclable is an omission of fact that is material to reasonable consumers.”

There are three claims for relief laid down by the Plaintiff. The first claim for relief is for an alleged violation of California Business & Professions Code § 17200, et seq. based on allegedly fraudulent acts and practices. Under this claim, the Plaintiff alleges that Defendants have engaged and continue to engage in conduct that is likely to deceive members of the public. This conduct includes, but is not limited to, allegedly representing that the Products are recyclable. The second and third claims for relief laid down by the Plaintiff are for alleged violation of California Business & Professions Code §17200, et seq. based on the alleged commission of unlawful acts and unfair acts and practices.

In its prayer for relief, the Plaintiff requested the court to pass an order for injunctive relief. The Plaintiff further requested the court to order Defendants to conduct a corrective advertising and information campaign and to cease and refrain from marketing and promotion of Products that state or imply that the Products are recyclable. The Plaintiff additionally requested the court to order Defendants to implement whatever measures are necessary to remedy their alleged conduct and to pay costs of litigation pursuant to California Code of Civil Procedure § 1021.5, the common fund doctrine, or any appropriate legal theory.    

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00754

  • Filing Date:

    01/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Maxine M. Chesney

 

Party Details

Plaintiff

Greenpeace, Inc.

Defendant

WALMART INC.

Attorney/Law Firm Details

Plaintiff Attorneys

Howard Judd Hirsch

Gideon Kracov

Meredyth Lynn Merrow

Ryan Benjamin Berghoff

Defendant Attorneys

Patrick Leo Oot, Jr.

Michael Kevin Underhill

Eva Marie Mannoia Weiler

 

Court Documents

#66

(#66) OPPOSITION/RESPONSE (re #63 MOTION to Dismiss the Third Amended Complaint ) filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 4/29/2022) (Entered: 04/29/2022)

63 #1

Proposed Order

63 #63

Main Document

#62

(#62) ORDER APPROVING STIPULATION PER L.R. 6-1(b). Walmart's deadline to respond to the TAC shall be March 25, 2022, Plaintiff's deadline to file an opposition shall be April 29, 2022, and Walmart's deadline to file a reply shall be May 5, 2022. Signed by Judge Maxine M. Chesney on March 2, 2022. (mmclc1, COURT STAFF) (Filed on 3/2/2022) (Entered: 03/02/2022)

#61

(#61) STIPULATION Per L.R. 6-1(a) filed by Walmart Inc.. (Weiler, Eva Marie) (Filed on 3/1/2022) (Entered: 03/01/2022)

#60

(#60) ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from February 25, 2022, to May 27, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than May 20, 2022. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc1, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)

#59

(#59) ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc1, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)

#58

(#58) THIRD AMENDED COMPLAINT against Walmart Inc.. Filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 2/18/2022) Modified on 2/22/2022 (cv, COURT STAFF). (Entered: 02/18/2022)

#4

#3

#2

1 #6

Declaration of Zach Freeze

1 #5

Exhibit B4 - Proof of Service of Summons

1 #4

Exhibit B3 - Notice of Hearing

1 #3

Exhibit B2 - ADR Information

1 #2

Exhibit B1 - Civil Case Cover Sheet

1 #1

Exhibit A - Complaint

#1

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Docket Entries

  • 04/29/2022
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  • Docket(#66) OPPOSITION/RESPONSE (re #63 MOTION to Dismiss the Third Amended Complaint ) filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 4/29/2022) (Entered: 04/29/2022)

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  • 04/19/2022

  • Docket(#65) CLERK'S NOTICE CONVERTING MAY 27, 2022 FURTHER CASE MANAGEMENT CONFERENCE TO A ZOOM WEBINAR. Further Case Management Conference set for 5/27/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 5/27/2022 at 10:30 AM in San Francisco, - Videoconferen ce Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(tl, COURT STAFF) (Filed on 4/19/2022) (Entered: 04/19/2022)

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  • 04/18/2022
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  • Docket(#64) CLERK'S NOTICE CONVERTING MAY 13, 2022 MOTION HEARING TO A ZOOM WEBINAR. As to #63 MOTION to Dismiss the Third Amended Complaint. Motion Hearing set for 5/13/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #http s://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 5/13/2022 at 09:00 AM in San Francisco, - Videoconference Only before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.),(tl, COURT STAFF) (Filed on 4/18/2022) (Entered: 04/18/2022)

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  • 03/25/2022
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  • Docket(#63) MOTION to Dismiss the Third Amended Complaint filed by Walmart Inc.. Motion Hearing set for 5/13/2022 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/29/2022. Replies due by 5/5/2022. (Attachments: #1 Proposed Order)(Underhill, Michael) (Filed on 3/25/2022) (Entered: 03/25/2022)

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  • 03/02/2022
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  • Docket(#62) ORDER APPROVING STIPULATION PER L.R. 6-1(b). Walmart's deadline to respond to the TAC shall be March 25, 2022, Plaintiff's deadline to file an opposition shall be April 29, 2022, and Walmart's deadline to file a reply shall be May 5, 2022. Signed by Judge Maxine M. Chesney on March 2, 2022. (mmclc1, COURT STAFF) (Filed on 3/2/2022) (Entered: 03/02/2022)

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  • 03/01/2022
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  • Docket(#61) STIPULATION Per L.R. 6-1(a) filed by Walmart Inc.. (Weiler, Eva Marie) (Filed on 3/1/2022) (Entered: 03/01/2022)

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  • 02/22/2022
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  • DocketSet/Reset Deadlines:, Set/Reset Hearing re #60 Order on Stipulation, Joint Case Management Statement due by 5/20/2022. Further Case Management Conference reset to 5/27/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)

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  • 02/22/2022
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  • Docket(#60) ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from February 25, 2022, to May 27, 2022, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than May 20, 2022. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc1, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)

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  • 02/22/2022
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  • Docket(#59) ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on February 22, 2022. (mmclc1, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)

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  • 02/18/2022
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  • Docket(#58) THIRD AMENDED COMPLAINT against Walmart Inc.. Filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 2/18/2022) Modified on 2/22/2022 (cv, COURT STAFF). (Entered: 02/18/2022)

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53 More Docket Entries
  • 02/02/2021
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  • Docket(#9) CERTIFICATE OF SERVICE of Notice to Clerk and Adverse Party of Removal to Federal Court by WALMART INC. (Weiler, Eva Marie) (Filed on 2/2/2021) Modified on 2/3/2021 (jmlS, COURT STAFF). (Entered: 02/02/2021)

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  • 02/01/2021
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  • Docket(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/28/2021. Initial Case Management Conference set for 5/5/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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  • 02/01/2021

  • Docket#Electronic filing error. NOTICE TO COUNSEL: Michael Kevin Underhill. The docket shows a different address from what is appearing on the document (dkt. #: 1 Notice of Remo val, filed by WALMART INC.). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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  • 01/29/2021

  • Docket(#7) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/12/2021. (bwS, COURT STAFF) (Filed on 1/29/2021) (Entered: 02/01/2021)

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  • 01/29/2021
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  • Docket(#6) CERTIFICATE OF SERVICE by WALMART INC. re #1 Notice of Removal, #2 Civil Cover Sheet, #5 Certificate of Service, #3 Certificate of Interested Entities, #4 Certificate of Interested Entities (Weiler, Eva Marie) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#5) ***DISREGARD. SEE DOCKET #6*** CERTIFICATE OF SERVICE by WALMART INC. re #1 Notice of Removal, #2 Civil Cover Sheet, #3 Certificate of Interested Entities, #4 Certificate of Interested Entities (Weiler, Eva Marie) (Filed on 1/29/2021) Modified on 2/1/2021 (jmlS, COURT STAFF). (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#4) Corporate Disclosure Statement by WALMART INC. re #1 Notice of Removal, (Weiler, Eva Marie) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#3) Certificate of Interested Entities by WALMART INC. re #1 Notice of Removal, (Weiler, Eva Marie) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#2) Civil Cover Sheet by WALMART INC. . (Weiler, Eva Marie) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#1) NOTICE OF REMOVAL from Alameda Superior Court with jury demand. Their case number is RG20082964. (Filing fee $402 receipt number 0971-15512438). Filed by WALMART INC.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B1 - Civil Case Cover Sheet, #3 Exhibit B2 - ADR Information, #4 Exhibit B3 - Notice of Hearing, #5 Exhibit B4 - Proof of Service of Summons, #6 Declaration of Zach Freeze)(Weiler, Eva Marie) (Filed on 1/29/2021) Modified on 2/1/2021 (jmlS, COURT STAFF). (Entered: 01/29/2021)

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