Bruton v. Gerber Products Company et al

Filing 116

Order to File Updated List of Products. Signed by Judge Lucy H. Koh on 4/23/14. (lhklc1, COURT STAFF) (Filed on 4/23/2014)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NATALIA BRUTON, individually and on
behalf of all others similarly situated,
Plaintiff,

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v.
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GERBER PRODUCTS CO.,
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Defendant.

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Case No.: 12-CV-02412-LHK

ORDER TO FILE UPDATED LIST OF
PRODUCTS

On January 10, 2014, Plaintiff Natalia Bruton filed a Motion for Class Certification,
seeking to certify a class of purchasers of Defendant Gerber Product Co.’s baby food products.
ECF No. 82. Five days later, the Court issued an order granting in part and denying in part
Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint. ECF No. 83. In the order,
the Court narrowed the Substantially Similar Products at issue for Plaintiff’s failure to adequately
allege the similarity between the products Plaintiff purchased and some products—products from
Defendant’s Nature Select 1st and 3rd Foods product lines, among others. Id. at 15-16.
Defendant filed its Opposition to the Motion for Class Certification on March 11, 2014.
ECF No. 88. In its Opposition, Gerber raises uncertainty as to which products remain at issue in
this case, arguing that Plaintiff moves to certify a class of purchasers based on products that were

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ORDER TO FILE UPDATED LIST OF PRODUCTS
5:12-CV-02412-LHK

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not originally submitted with Plaintiff’s Second Amended Complaint. Opp. at 2-3. In her Reply

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filed on April 3, 2014, Plaintiff proposes stipulating as to which of Defendant’s products remain at

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issue in the case, based on a joint review of the product labels Defendant has introduced into the

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record. ECF No. 110, at 4.
It is hereby ORDERED that the parties shall file by May 9, 2014 a stipulated chart, or, if

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the parties cannot agree, respective charts with accompanying explanations of no more than two

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pages, of all of the purchased and substantially similar products still at issue in the case, including

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information as to (1) the name of the product line; (2) the type of product; (3) the variety/flavor of

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the product; (4) whether the product was purchased or is substantially similar; (5) a citation to the

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United States District Court
For the Northern District of California

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exhibit showing the product label; and (6) whether the product label always contained the alleged

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labeling misrepresentations, never contained the alleged misrepresentations, or whether the label

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changed during the Class Period, and, if the label changed, which labels contained the alleged

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misrepresentations. The parties are not permitted to add any new products for consideration in this

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case.

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Dated: April 23, 2014

_______________________________
LUCY H. KOH
United States District Judge

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ORDER TO FILE UPDATED LIST OF PRODUCTS
5:12-CV-02412-LHK