BARTOLO v. WHOLE FOODS MARKET GROUP, INC.

MOTION for Summary Judgment

D.D.C.January 16, 2019

1 AUS 536810169v1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) JEAN-MICHEL BARTOLO, ) ) Plaintiff, ) ) v. ) Case Nos. 17-cv-1453 (APM) ) 18-cv-1681 (APM) WHOLE FOODS MARKET GROUP, INC., ) ) Defendant. ) _________________________________________ ) DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Defendant Whole Foods Market Group, Inc., (“Wholefoods”), by and through undersigned counsel and pursuant to Fed. R. Civ. P. 56, hereby moves for summary judgment. In light of the attached Statement of Undisputed Material Facts, each of Plaintiff’s nine counts, initially pled through three separate suits, fails as a matter of law. And, because Plaintiff has pursued at least three of those counts in bad faith, Defendant is also entitled to costs and fees for having to defend against them. Defendant submits the attached Memorandum of Points and Authorities in support of the relief requested by and through this Motion. Dated: January 16, 2019 Respectfully Submitted, GREENBERG TRAURIG, LLP By: /s/Gregory J. Casas Gregory J. Casas Bar No. 455329 300 West 6th Street, Suite 2050 Austin, Texas 78701 Telephone: 512.320.7200 Facsimile: 512.320.7210 Case 1:17-cv-01453-APM Document 50 Filed 01/16/19 Page 1 of 2 2 AUS 536810169v1 David Sellinger Bar No. 282780 500 Campus Drive, Suite 400 Florham Park, New Jersey 07932 Telephone: 973.360.7900 Facsimile: 973.301.8410 Michael A. Pusateri Bar No. 1005463 2101 L Street NW Washington, D.C. 20002 Telephone: 202.533.2354 Facsimile: 202.261.0106 WHOLE FOODS MARKET SERVICES, INC. John H. Hempfling, II (Admitted Pro Hac Vice) Associate General Counsel, Litigation 828 West Sixth Street, Suite 200 Austin, Texas 78703 Telephone: 512.542.0213 Attorneys for Defendant Whole Foods Market Group, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Defendant’s Motion for Summary Judgment, Memorandum of Points and Authorities in support thereof, Proposed Statement of Undisputed Material Facts, Proposed Order, and related exhibits were electronically filed with the Court and that counsel of record, who are deemed to have consented to electronic service, are being served this 16th day of January, 2019, via the Court’s CM/ECF System. /s/ Gregory J. Casas Gregory J. Casas Case 1:17-cv-01453-APM Document 50 Filed 01/16/19 Page 2 of 2