Evangeline Red et al v. Kraft Foods Inc. et al
| Rachel Whitt and Evangeline Red |
| Kraft Foods Inc., Kraft Foods North America and Kraft Foods Golbal, Inc. |
| 2:2010cv01028 |
| February 11, 2010 |
| US District Court for the Central District of California |
| George H Wu |
| Other Statutory Actions |
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Filing
334
ORDER DISMISSING PLAINTIFFSINDIVIDUAL CLAIMS WITH PREJUDICE& PRESERVING APPEAL ISSUES by Judge George H. Wu, Under the terms of the Settlement Agreement, Plaintiffs may appeal any of the Courts pre-trial Orders, including those issued in response to a motion brought by Defendants under Rule 12, relating to class certification, and relating to attorneys fees. Should any C ourt Orders denying class certification be vacated or reversed on appeal,the parties have agreed, and the Court recognizes, th at Plaintiffs by settling their individual claims do not waive any standing they may have to seek to be appointed as class representatives. See Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (9th Cir. 2011). If, however, Plaintiffs successfully appeal any of the Courts Orders dismissing, in part, their claims on Defendants Rule 12 motions, but are unable to reverse or vacate anyCourt Order denying class certification, Plaintiffs may not assert their revived claims on an individual basis following remand. Case Terminated. Made JS-6. (pj)
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Filing
88
STIPULATED PROTECTIVE ORDER 87 by Magistrate Judge Alicia G. Rosenberg. The Parties, therefore, STIPULATE AND AGREE to entry of the following Protective Order and to abide by its terms: [See attached order for further details.] (es)
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