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BRAZIL v. DOLE FOOD COMPANY, INC.

Case No. 12-CV-01831-LHK.

935 F.Supp.2d 947 (2013)

Chad BRAZIL, an individual, on his own behalf and on behalf of all others similarly situated, Plaintiff, v. DOLE FOOD COMPANY, INC., Dole Packaged Foods, LLC, Defendants.

United States District Court, N.D. California, San Jose Division.

March 25, 2013.

Attorney(s) appearing for the Case

Alex Peet, Dewitt Marshall Lovelace, Sr., Lovelace Law Firm, P.A., Miramar Beach, FL, Ben F. Pierce Gore, Pratt & Associates, San Jose, CA, David Shelton, J. Price Coleman, Coleman Law Firm, Richard Barrett, Law Offices of Richard R. Barrett, PLLC, Oxford, MS, Frank Karam, Ananda N. Chaudhuri, Keith M. Fleischman, Fleischman Law Firm, New York, NY, Brian K. Herrington, David Malcolm McMullan, Jr., John W. (Don) Barrett, Katherine B. Riley, Don Barrett, P.A., Lexington, MS, Carol Nelkin, Jay P. Nelkin, Stuart M. Nelkin, Nelkin, Nelkin & Krock, PC, Houston, TX, Charles F. Barrett, Charles Barrett, P.C., Nashville, TN, for Plaintiff.

William Lewis Stern, Claudia Maria Vetesi, William Francis Tarantino, Morrison & Foerster, San Francisco, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO STRIKE

LUCY H. KOH, District Judge.

Plaintiff Chad Brazil ("Brazil") brings this putative class action against Dole Food Company, Inc. and Dole Packaged Foods, LLC ("Dole" or "Defendants") alleging that Defendants' package labeling is "misbranded" because it is unlawful and misleading. Specifically, Brazil alleges the following: (1) violation of California...

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