Morgan et al v. Wallaby Yogurt Company, Inc.

Plaintiff: Frank Morgan and Janet Hood
Defendant: Wallaby Yogurt Company, Inc.
Case Number: 3:2013cv00296
Filed: January 22, 2013
Court: US District Court for the Northern District of California
Office: Oakland Office
County: San Francisco
Presiding Judge: Claudia Wilken
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1332 Diversity-Account Receivable
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 14, 2015 Opinion or Order Filing 76 ORDER RE STAY AND SETTING STATUS CONFERENCE. Signed by Judge James Donato on 10/14/2015. (jdlc2S, COURT STAFF) (Filed on 10/14/2015)
August 20, 2015 Opinion or Order Filing 73 ORDER RE STAY. Signed by Judge James Donato on 08/20/2015. (jdlc2S, COURT STAFF) (Filed on 8/20/2015)
March 13, 2014 Opinion or Order Filing 49 ORDER DENYING MOTION TO DISMISS FIRST AMENDED COMPLAINT by Hon. William H. Orrick granting in part and denying in part 37 Motion to Dismiss. The plaintiffs have standing to bring this action challenging Wallaby's yogurt products that were l abeled with "evaporated cane juice" instead of sugar or a similar term. The plaintiffs may not seek injunctive relief, however, and their prayer for injunctive relief is STRUCK. Otherwise, the motion to dismiss is DENIED. Wallaby shall file an answer within 20 days. The parties shall attend a case management conference on April 15, 2014, at 2 p.m., in Courtroom 2, at which a scheduling order will be entered. (jmdS, COURT STAFF) (Filed on 3/13/2014)
October 4, 2013 Opinion or Order Filing 34 ORDER GRANTING IN PART AND DENYING IN PART 13 MOTION TO DISMISS by Judge William H. Orrick. Wallaby's Motion to Dismiss the plaintiffs' Second, Third, Fourth, Fifth, and Sixth Causes of Action is GRANTED WITH LEAVE TO AMEND. Wallaby� 39;s Motion to Dismiss the plaintiffs' First Cause of Action is DENIED except to the extent that the cause of action is premised on a violation of the FDA's Standard of Identity for yogurt. Because the Court finds that additional pleading w ould be futile on the plaintiffs' Seventh Cause of Action and First Cause of Action, Wallaby's Motion to Dismiss those claims is GRANTED WITH PREJUDICE. The plaintiffs shall file any amended complaint within 20 days from the date of this ORDER. (jmdS, COURT STAFF) (Filed on 10/4/2013)
June 19, 2013 Opinion or Order Filing 24 ORDER Ganting 22 Stipulation. 13 MOTION to Dismiss Hearing set for 7/25/2013 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 7/18/2013. Case Management Conference set for 7/25/2013 02:00 PM. Signed by Judge Claudia Wilken on 6/19/2013. (ndr, COURT STAFF) (Filed on 6/19/2013)
April 19, 2013 Opinion or Order Filing 18 ORDER by Judge Claudia Wilken Granting 17 Stipulation CONTINUING MAY 1, 2013 CASE MANAGEMENT CONFERENCE to July 11, 2013. (ndr, COURT STAFF) (Filed on 4/19/2013)
April 12, 2013 Opinion or Order Filing 16 ORDER Granting 14 Stipulation re 13 MOTION to Dismiss . Responses due by 5/22/2013; Replies due by 6/22/2013. Signed by Judge Claudia Wilken on 4/12/2013. (ndr, COURT STAFF) (Filed on 4/12/2013)
January 30, 2013 Opinion or Order Filing 6 ORDER by Magistrate Judge Maria-Elena James granting 5 Motion for Pro Hac Vice (rmm2S, COURT STAFF) (Filed on 1/30/2013)

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Plaintiff: Frank Morgan
Represented By: Darren Lee Brown
Represented By: Ben F. Pierce Gore
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Plaintiff: Janet Hood
Represented By: Ben F. Pierce Gore
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Defendant: Wallaby Yogurt Company, Inc.
Represented By: Kenneth Kiyul Lee
Represented By: Kelly Marie Morrison
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