This case was last updated from PACER on 03/30/2021 at 08:49:18 (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.    

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

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

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Maxine M. Chesney

 

Party Details

Plaintiff

Greenpeace, Inc.

Defendant

WALMART INC.

Attorney/Law Firm Details

Plaintiff Attorneys

Howard Judd Hirsch

Attorney at Lexington Law Group

503 Divisadero Street

San Francisco, CA 941117

Meredyth Lynn Merrow

Attorney at Lexington Law Group

503 Divisadero Street

San Francisco, CA 94117

Gideon Kracov

Attorney at Law Ofc Gideon Kracov

801 S Grand Ave 11Fl

Los Angeles, CA 90017

Ryan Benjamin Berghoff

Attorney at Lexington Law Group

503 Divisadero Street

San Francisco, CA 94117

Defendant Attorneys

Eva Marie Mannoia Weiler

Attorney at Shook Hardy & Bacon L.L.P.

5 Park Plaza, Suite 1600

Irvine, CA 92614-2546

Patrick Leo Oot, Jr.

Attorney at Shook, Hardy and Bacon, LLP

1800 K Street Nw, 10Th Floor

Washington, DC 20006

Michael Kevin Underhill

Attorney at Shook, Hardy & Bacon L.L.P.

555 Mission Street, Suite 2300

San Francisco, CA 94105

 

Court Documents

#24

(#24) AMENDED COMPLAINT against WALMART INC.. Filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 3/29/2021) (Entered: 03/29/2021)

#23

(#23) ORDER APPROVING STIPULATION TO MODIFY BRIEFING SCHEDULE FOR PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT; CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. The deadline for plaintiff to amend is March 29, 2021, and the deadline for defendant to file a responsive pleading to an amended complaint is April 28, 2021. In the event plaintiff does not amend, the deadline for plaintiff to file opposition to the motion to dismiss is extended to April 16, 2021, the deadline for defendant to file its reply is extended to April 23, 2021, and the hearing is continued from April 30, 2021, to May 14, 2021, at 9:00 a.m. The Case Management Conference is continued from May 7, 2021, to July 9, 2021, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than July 2, 2021. Signed by Judge Maxine M. Chesney on March 17, 2021. (mmclc1, COURT STAFF) (Filed on 3/17/2021). (Entered: 03/17/2021)

22 #2

Declaration

22 #1

Proposed Order

#22

(#22) STIPULATION WITH PROPOSED ORDER re Modify Briefing Schedule filed by Greenpeace, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Hirsch, Howard) (Filed on 3/16/2021) (Entered: 03/16/2021)

#21

(#21) NOTICE of Change of Address by Michael Kevin Underhill (Underhill, Michael) (Filed on 3/12/2021) (Entered: 03/12/2021)

19 #2

Certificate/Proof of Service

19 #1

Proposed Order granting Walmart Inc.'s Notice of Motion and Motion to Dismi

#19

(#19) MOTION to Dismiss filed by WALMART INC.. Motion Hearing set for 4/30/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/16/2021. Replies due by 4/23/2021. (Attachments: #1 Proposed Order granting Walmart Inc.'s Notice of Motion and Motion to Dismiss, #2 Certificate/Proof of Service)(Weiler, Eva Marie) (Filed on 3/8/2021) (Entered: 03/08/2021)

#3

(#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)

#2

(#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)

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

(#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)

30 More Documents Available
View All Documents

 

Docket Entries

  • 03/29/2021
  • View Court Documents
  • Docket(#24) AMENDED COMPLAINT against WALMART INC.. Filed byGreenpeace, Inc.. (Hirsch, Howard) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/17/2021
  • View Court Documents
  • DocketSet/Reset Deadlines as to #19 MOTION to Dismiss , #23 Order on Stipulation,,,., Set/Reset Deadlines:, Set/Reset Hearing re #23 Order on Stipulation,,, Amended Pleadings due by 3/24/2021. Opposition due by 4/16/2021. Reply due by 4/23/2021. Motion Hearing reset to 5/14/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 7/2/2021. Initial Case Management Conference reset to 7/9/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tlS, COURT STAFF) (Filed on 3/17/2021) (Entered: 03/17/2021)

    Read MoreRead Less
  • 03/17/2021
  • View Court Documents
  • Docket(#23) ORDER APPROVING STIPULATION TO MODIFY BRIEFING SCHEDULE FOR PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT; CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS; CONTINUING CASE MANAGEMENT CONFERENCE. The deadline for plaintiff to amend is March 29, 2021, and the deadline for defendant to file a responsive pleading to an amended complaint is April 28, 2021. In the event plaintiff does not amend, the deadline for plaintiff to file opposition to the motion to dismiss is extended to April 16, 2021, the deadline for defendant to file its reply is extended to April 23, 2021, and the hearing is continued from April 30, 2021, to May 14, 2021, at 9:00 a.m. The Case Management Conference is continued from May 7, 2021, to July 9, 2021, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than July 2, 2021. Signed by Judge Maxine M. Chesney on March 17, 2021. (mmclc1, COURT STAFF) (Filed on 3/17/2021). (Entered: 03/17/2021)

    Read MoreRead Less
  • 03/16/2021
  • View Court Documents
  • Docket(#22) STIPULATION WITH PROPOSED ORDER re Modify Briefing Schedule filed by Greenpeace, Inc.. (Attachments: #1 Proposed Order, #2 Declaration)(Hirsch, Howard) (Filed on 3/16/2021) (Entered: 03/16/2021)

    Read MoreRead Less
  • 03/12/2021
  • View Court Documents
  • Docket(#21) NOTICE of Change of Address by Michael Kevin Underhill (Underhill, Michael) (Filed on 3/12/2021) (Entered: 03/12/2021)

    Read MoreRead Less
  • 03/12/2021
  • View Court Documents
  • Docket(#20) CLERK'S NOTICE - CORRECTING OPPOSITION AND REPLY DEADLINES - Reset Deadlines as to #19 MOTION to Dismiss . Opposition due by 3/22/2021. Reply due by 3/29/2021.. (This is a text-only entry generated by the court. There is no document associated with this entry.), (tlS, COURT STAFF) (Filed on 3/12/2021) (Entered: 03/12/2021)

    Read MoreRead Less
  • 03/08/2021
  • View Court Documents
  • Docket(#19) MOTION to Dismiss filed by WALMART INC.. Motion Hearing set for 4/30/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/16/2021. Replies due by 4/23/2021. (Attachments: #1 Proposed Order granting Walmart Inc.'s Notice of Motion and Motion to Dismiss, #2 Certificate/Proof of Service)(Weiler, Eva Marie) (Filed on 3/8/2021) (Entered: 03/08/2021)

    Read MoreRead Less
  • 02/24/2021
  • View Court Documents
  • Docket(#18) CERTIFICATE OF SERVICE by Greenpeace, Inc. re #17 Case Management Scheduling Order, (Hirsch, Howard) (Filed on 2/24/2021) (Entered: 02/24/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#17) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 5/7/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 4/30/2021.. Signed by Judge Maxine M. Chesney on 2/19/2021. (tlS, COURT STAFF) (Filed on 2/19/2021) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/18/2021
  • View Court Documents
  • Docket(#16) ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Patrick Leo Oot, Jr. is granted. Signed by Judge Maxine M. Chesney on February 18, 2021. (mmclc1, COURT STAFF) (Filed on 2/18/2021) (Entered: 02/18/2021)

    Read MoreRead Less
6 More Docket Entries
  • 02/02/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 02/01/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 01/29/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 01/29/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 01/29/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
  • 01/29/2021
  • View Court Documents
  • 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)

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

    Read MoreRead Less
  • 01/29/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Greenpeace, Inc. is a litigant

Latest cases where WALMART is a litigant

Latest cases represented by Lawyer Michael Kevin Underhill(Designation Retained)

Latest cases represented by Lawyer Patrick Leo Oot, Jr.