IN RE: KIND LLC "HEALTHY AND ALL NATURAL" LITIGATION, No. 1:2015mc02645 - Document 57 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER: Plaintiff Barry Cohen filed this action against KIND L.L.C. in the Cuyahoga County Court of Common Pleas in Ohio, alleging that KIND's labeling of its snack foods as "healthy" and "all natural" deceived consumers in violation of the Ohio Consumer Sales Practices Act ("CSPA"), R.C. 1345.01 et seq. KIND removed the action to the Northern District of Ohio on an assertion of diversity jurisdiction under 28 U.S.C. § 1332(a). Plaintiff moved to remand the action to the Cuyahoga County Court of Common Pleas on the ground that no federal subject matter jurisdiction existed. Thereafter, the Judicial Panel on Multi-District Litigation (the "JPML") granted KIND 's motion to transfer the action to this Court as related to In re KIND LLC "Healthy and All Natural" Litig., No. 15~md-2645-WHP (S.D.N.Y.), MDL No. 2645. For the foregoing reasons, the Clerk of Court is directed to remand this action to the Cuyahoga County Court of Common Pleas. (As further set forth in this Opinion & Order.) (Signed by Judge William H. Pauley, III on 9/15/2016) (mro)