11 unchanged sentences
and interest.
−Removed: We believe the allegations in the complaint are wholly without merit and that the claims asserted are legally deficient,
−Removed: and we intend to vigorously defend the action.
−Removed: On September 28, 2021, the Court entered an order granting our motion to dismiss with
−Removed: prejudice (the “Dismissal Order”).
−Removed: In the Dismissal Order, the Court stated that no reasonable coffee drinker would be deceived
−Removed: by our packaging.
+Added: On September 28, 2021, the Court entered an order granting our motion to dismiss
+Added: with prejudice (the “Dismissal Order”).
+Added: In the Dismissal Order, the Court stated that no reasonable coffee drinker would
+Added: be deceived by our packaging.
The plaintiffs filed an appeal with the 7 th Circuit Court of Appeals (the “Appeal”).
−Removed: Appeal was filed, we settled the matter during mediation in late January 2022 and the Appeal was dismissed.
−Removed: significant customer of ours was named as a defendant in a putative class action lawsuit filed in the United States District Court for
−Removed: the District of Massachusetts (the “Massachusetts District Court”) on or about February 2, 2021, concerning the labeling
−Removed: on private label coffee productions we sold to the customer.
+Added: After the Appeal was filed, we settled the matter during mediation in late January 2022 and the Appeal was dismissed.
+Added: significant customer of ours was named as a defendant in a putative class
+Added: action lawsuit filed in the United States District Court for the District of Massachusetts on or about February 2, 2021, concerning the
+Added: labeling on private label coffee productions we sold to the customer.
The plaintiff, David Cohen, purporting to represent a class of individuals
−Removed: who purchased coffee products from our customer, generally allege that the customer sold private label coffee products manufactured by
+Added: who purchased coffee products from our customer, generally alleged that the customer sold private label coffee products manufactured by
us which falsely described the number of cups of coffee that could be made from the amount of product purchased.
−Removed: We are not named as
−Removed: a defendant in the action, but we have agreed to indemnify the customer for the costs and expenses incurred in defending the lawsuit
−Removed: and for any liability the customer may suffer as a result.
−Removed: The complaint asserts a variety of claims under Massachusetts consumer protection
−Removed: laws, and seeks unspecified monetary damages as well as other forms of relief including class certification, declaratory and injunctive
−Removed: relief, attorneys’ fees, and interest.
−Removed: We believe the allegations in the complaint are wholly without merit and that the claims
−Removed: asserted are legally deficient, and we intend to vigorously support the customer in defending the action.
−Removed: On February 28, 2022, us and
−Removed: the plaintiff, in his individual capacity and not on behalf of a presumptive class, resolved the matter in principle and have reported
−Removed: the agreement in principle to the Massachusetts District Court.
−Removed: Subsequent to the end of the period, the parties finalized the details
−Removed: of a settlement agreement.
−Removed: The final settlement amount was immaterial to our operations and results from operation.
+Added: We were not named as
+Added: a defendant in the action, but agreed to indemnify the customer for the costs and expenses incurred in defending the lawsuit and for any
+Added: liability the customer may suffer as a result.
+Added: The complaint asserted a variety of claims under Massachusetts consumer protection laws,
+Added: and seeks unspecified monetary damages as well as other forms of relief including class certification, declaratory and injunctive relief,
+Added: attorneys’ fees, and interest.
+Added: The parties have finalized the details of a settlement agreement.
+Added: The final settlement amount was
+Added: immaterial to the Company’s operations and results of operations.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.