McMorrow et al v. Mondelez International, Inc.
Plaintiff: Patrick McMorrow and Marco Ohlin
Defendant: Mondelez International, Inc.
Case Number: 3:2017cv02327
Filed: November 16, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T. Benitez
Presiding Judge: Jill L. Burkhardt
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
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
April 8, 2022 Opinion or Order Filing 212 Order (1) Granting Motion for Final Approval of Class Settlement (ECF No. 206 ); (2) Granting Motion for Attorneys' Fees, Costs, and Service Awards (ECF No. 200 ); and (3) Overruling Objection to Motion for Attorneys; Fees, Costs, and Service Awards (ECF No. 201 ). Signed by Judge Cynthia Bashant on 4/8/22. (jmo)
November 19, 2021 Opinion or Order Filing 197 Order: (1) Granting Motion for Preliminary Approval of Class Settlement; and (2) Setting Final Approval Hearing for February 28, 2022, at 3:00 PM (ECF No. 196 ). Final Approval Hearing set for 2/28/2022 at 03:00 PM in Courtroom 4B before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 11/17/21. (jmo)
April 5, 2021 Opinion or Order Filing 181 ORDER Denying Defendant's Ex Parte Motion to Stay Pending Disposition of Rule 23(f) Petition (ECF No. 178 ). Signed by Judge Cynthia Bashant on 4/5/21. (jmo)
March 8, 2021 Opinion or Order Filing 172 ORDER: (1) Denying Defendant's Daubert Motion (Weir) (ECF No. 147 ); (2) Denying Defendant's Daubert Motion (Dennis) (ECF No. 148 ); (3) Denying Without Prejudice Plaintiffs' Daubert Motion (McFadden & Wilcox) (ECF No. 151 ); (4) Denying Without Prejudice Plaintiffs' Daubert Motion (Simonson) (ECF No. 152 ); and (5) Granting Plaintiffs' Amended Motion For Class Certification (ECF No. 137 ). Signed by Judge Cynthia Bashant on 3/8/21. (jmo)
February 10, 2021 Opinion or Order Filing 168 ORDER : (10 Granting Plaintiffs' Motion to Seal 138 ; (2) Granting Defendant's Motion to Seal 144 ; and (3) Granting Plaintiff's Motion to Seal 158 . Signed by Judge Cynthia Bashant on 2/10/2021. (anh)
March 13, 2020 Opinion or Order Filing 128 ORDER: (1) Denying Defendant's Motion to Exclude the Expert Testimony of Michael Greger,(2) Denying Defendant's Motion to Exclude the Expert Testimony of Robert H. Lustig (ECF No. 88 , 89 ). Signed by Judge Cynthia Bashant on 3/13/20. (jmo)
March 9, 2020 Opinion or Order Filing 126 ORDER: (1) Denying Motion for Class Certification; (2) Granting Motion to Exclude Expert Testimony of J. Michael Dennis; and (3) Granting Motion to Exclude Expert Testimony of Colin Weir (ECF Nos. 70 , 87 , 90 ). The parties are to contact Judge Burkhardts chambers within three calendar days of this Order to discuss the schedule of this case going forward. Signed by Judge Cynthia Bashant on 3/9/20. (jmo)
January 24, 2020 Opinion or Order Filing 115 ORDER Granting Plaintiffs' Motion to Seal; Granting Defendant's Motion to Seal; and Granting in Part Plaintiffs' Motion to Seal (ECF Nos. 71 , 84 , 103 ). Signed by Judge Cynthia Bashant on 1/24/20. (dlg)
October 17, 2018 Opinion or Order Filing 30 ORDER denying Plaintiffs' 25 Motion for Leave to File Amended Complaint. Defendant shall file a responsive pleading to the operative complaint within 14 days of the date of this Order. Signed by Judge Cynthia Bashant on 10/17/2018. (jah)
August 17, 2018 Opinion or Order Filing 23 ORDER granting in part and denying in part Defendant's 15 Motion to Dismiss for Failure to State a Claim. Court grants without leave to amend the motion to dismiss Plaintiffs' claims relying on the advertising statements referenced in th is Order. Court grants with leave to amend the motion to dismiss Plaintiffs' claims for breach of express and implied warranties. Court denies the motion to dismiss as to the remaining advertising statements. Plaintiffs may file a Second Amended Complaint that only provides additional factual allegations relating to the breach of express and implied warranty claims by 8/31/2018. If Plaintiffs do not file a Second Amended Complaint, Defendant must answer to the First Amended Complaint by 9/14/2018. Signed by Judge Cynthia Bashant on 8/17/2018. (jah)
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Plaintiff: Patrick McMorrow
Represented By: Jack Fitzgerald
Represented By: Trevor Flynn
Represented By: Paul K. Joseph
Represented By: Melanie Rae Persinger
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Plaintiff: Marco Ohlin
Represented By: Jack Fitzgerald
Represented By: Trevor Flynn
Represented By: Paul K. Joseph
Represented By: Melanie Rae Persinger
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Defendant: Mondelez International, Inc.
Represented By: Kenneth Kiyul Lee
Represented By: Alexander Michael Smith
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