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BECERRA v. THE COCA-COLA COMPANY

No. C 17-05916 WHA.

SHANA BECERRA, individually and on behalf of a class of similarly situated persons, Plaintiff, v. THE COCA-COLA COMPANY, Defendant.

United States District Court, N.D. California.

February 27, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Fraud
Nature of Suit: 370 Other Fraud
Source: PACER

Attorney(s) appearing for the Case

Shana Becerra, on behalf of herself, all others similarly situated, and the general public, Plaintiff, represented by Jack Fitzgerald, The Law Office of Jack Fitzgerald, PC, Andrew B. Sacks, Sacks Weston Diamond, LLC, John Kerry Weston, Sacks Weston Diamond LLC, Melanie Rae Persinger, The Law Office of Jack Fitzgerald PC & Trevor Matthew Flynn, Law Office of Jack Fitzgerald, PC.

The Coca-Cola Company, Defendant, represented by Tammy Beth Webb, Shook Hardy & Bacon L.L.P., Catherine A. Williams, Patterson Belknap Webb and Tyler LLP, Jane M. Metcalf, Patterson Belknap Webb and Tyler LLP, Michael Sochynsky, Covington and Burling LLP & Steven A. Zalesin, Patterson Belknap Webb and Tyler LLP.

ORDER GRANTING MOTION TO DISMISS

INTRODUCTION

In this putative class action, defendant soft drink manufacturer moves to dismiss the complaint pursuant to FRCP 12(b)(6). Its preemption argument is rejected, but for other reasons stated herein, its motion is GRANTED.

STATEMENT...

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