CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Filing 119

ORDER that 110 Motion for Continuance is DENIED, 95 Motion to Certify Class is DENIED AS MOOT; 105 Motion for Summary Judgment is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE; Clerk of Court shall close this file. Signed by Judge Renee Marie Bumb on 04/16/2009. (tf, )

CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. THE COCA-COLA COMPANY et al

Doc. 119

[Docket Nos. 95, 105, & 110] UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE : : : : : : : : : :

LINDA FRANULOVIC, Plaintiff, v. THE COCA-COLA COMPANY, Defendant.

Civil Action No. 07-0539(RMB)

ORDER

THIS MATTER coming before the COURT upon a motion by the plaintiff, Linda Franulovic, (the "Plaintiff") for class certification pursuant to Federal Rule of Civil Procedure 23(a) and (b)(2); a cross-motion by the defendant, the Coca-Cola Company, (the "Defendant") for summary judgment pursuant to Federal Rule of Civil Procedure 56(a); and a subsequent crossmotion by Plaintiff for a continuance pursuant to Federal Rule of Civil Procedure 56(f); and THE COURT having reviewed the parties' written submissions and having heard oral argument on the motions on March 20, 2009, and FOR THE REASONS set forth in the OPINION issued this date; it is, on this, the 16th day of April 2009, hereby ORDERED that the motion for a continuance is DENIED [Docket No. 110]; and it is further

Dockets.Justia.com

ORDERED that the motion for summary judgment [Docket No. 105] is GRANTED, and as the only claim properly pled in the complaint is dismissed on summary judgment, the complaint is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that the motion for class certification is DENIED AS MOOT [Docket No. 95]; and it is further ORDERED that Plaintiff may, consistent with the accompanying OPINION, MOVE TO ALTER the judgment pursuant to Federal Rule of Civil Procedure 59(e) or 60(b) and MOVE TO AMEND the complaint pursuant to Federal Rule of Civil Procedure 15(a) and Local Civil Rule 7.1(f); and it is finally ORDERED that the CLERK OF THE COURT shall CLOSE this file.

s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE