This case was last updated from U.S. District Courts on 09/01/2023 at 08:18:27 (UTC).

Broussard et al v. Dole Packaged Foods, LLC

Case Summary

On July 3, 2023, Shamea Broussard and Michael Schirano (collectively, “Plaintiffs”), on behalf of themselves and all others similarly situated, represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn, and Caroline S. Emhardt of Fitzgerald Joseph LLP, filed a class action personal property fraud lawsuit against Dole Packaged Foods, LLC (“Dole” or “Defendant”), seeking damages with disgorgement for alleged unfair conduct with respect to the labeling, advertising, and sale of products. This case was filed in the U.S. District Court for the Northern District of California, with Judge Sallie Kim presiding.

In the complaint, the plaintiffs alleged, “Dole manufactures certain packaged snacks, including parfaits, gels, and juice products, that it markets and labels with representations designed to convince consumers that they are generally healthy or good for you, and also specifically beneficial to immune system function. For example, on its website, Dole invites consumers to ‘experience our healthy and delicious ingredients’ and, on the label of these products, Dole ‘promise[s] [that these products will] provide everyone, everywhere with good nutrition!’ and ‘help[] support a healthy immune system.’”

The plaintiffs then alleged, “While representing that these packaged products are healthy and beneficial to the immune system, Dole simultaneously manufactures them so that they contain at least 29% and up to 96% of their calories from added or free sugar.”

Plaintiffs further alleged, “Contrary to the Dole’s manufacturing practices and marketing of the products, a vast body of reliable scientific evidence establishes that excessive consumption of FA Sugar—any amount above approximately 5% of daily caloric intake—is toxic to the human body and greatly increases the risk of cardiovascular disease, diabetes, liver disease, and a wide variety of other chronic diseases. Likewise, consumption of FA Sugar impairs rather than benefits the immune system.”

The plaintiffs also alleged, “Because loading these products with FA Sugar and marketing them as good for you is directly contrary to the science, Dole’s claims are false or at least highly misleading. For example, Dole packs its popular gel snack products, which are marketed towards children as ‘good nutrition,’ with up to 20 grams of added sugar. This is 166% more added sugar than the AHA’s recommended daily limit for children 4-8 years old.”

Additionally, the plaintiffs alleged, “Because the Products are not healthy, but rather are the type of foods and beverages that detriment bodily health, Plaintiffs bring this action against Dole on behalf of themselves, similarly-situated Class Members, and the general public, to enjoin Dole from deceptively marketing the Products, and to recover compensation for injured Class Members.”

Plaintiffs presented ten claims for relief, including claims for alleged violation of California’s Unfair Competition Law, the False Advertising Law, and Consumers Legal Remedies Act; breaches of express warranties, Cal. Com. Code § 2313(1); breach of implied warranty of merchantability, Cal. Com. Code § 2314; unfair and deceptive business practices, N.Y. Gen. Bus. L. § 349; false advertising, N.Y. Gen. Bus. L. § 350; unjust enrichment; negligent misrepresentation; and intentional misrepresentation. 

In the prayer for relief, the plaintiffs requested various orders, including an order requiring the defendant to disgorge all monies, revenues, and profits obtained by means of any wrongful act or practice and an order to pay restitution to restore all funds acquired by means of any act or practice declared by this court to be an unlawful, unfair, or fraudulent business act or practice, or untrue or misleading advertising, with pre- and post-judgment interest. The plaintiff also requested an award for compensatory, statutory, and punitive damages 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:23-CV-03320

  • Filing Date:

    07/03/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Haywood S Gilliam, Jr

 

Party Details

Plaintiffs

Shamea Broussard

Michael Schirano

Defendant

Dole Packaged Foods, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Trevor Matthew Flynn

Melanie Rae Persinger

Caroline Emhardt

Jack Fitzgerald

Paul K. Joseph

Defendant Attorneys

Tarifa B Laddon

Tyler Adam Young

Erica Abshez Moran

Sarah L Brew

 

Court Documents

#22

(#22) STIPULATION to Extend Time to Respond to Plaintiff's Class Action Complaint Pursuant to Local Rule 6-1(a) filed by Dole Packaged Foods, LLC. (Laddon, Tarifa) (Filed on 7/31/2023) (Entered: 07/31/2023)

#21

(#21) ORDER by Judge Haywood S. Gilliam, Jr. Granting #17 Motion for Pro Hac Vice as to Young, Tyler. (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

#20

(#20) ORDER by Judge Haywood S. Gilliam, Jr. Granting #16 Motion for Pro Hac Vice as to Brew, Sarah. (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

17 #2

Certificate of Good Standing (Massachusetts)

17 #1

Certificate of Good Standing (Minnesota)

#17

(#17) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18488574.) Filing fee previously paid on 7/27/2023 filed by Dole Packaged Foods, LLC. (Attachments: #1 Certificate of Good Standing (Minnesota), #2 Certificate of Good Standing (Massachusetts))(Young, Tyler) (Filed on 7/27/2023) (Entered: 07/27/2023)

16 #2

Certificate of Good Standing (Wisconsin)

16 #1

Certificate of Good Standing (Minnesota)

#16

(#16) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18488520.) Filing fee previously paid on 7/27/2023 filed by Dole Packaged Foods, LLC. (Attachments: #1 Certificate of Good Standing (Minnesota), #2 Certificate of Good Standing (Wisconsin))(Brew, Sarah) (Filed on 7/27/2023) (Entered: 07/27/2023)

#10

(#10) NOTICE of Appearance by Erica Abshez Moran (Moran, Erica) (Filed on 7/11/2023) (Entered: 07/11/2023)

#8

(#8) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 7/10/2023. (ark, COURT STAFF) (Filed on 7/10/2023) (Entered: 07/10/2023)

#6

(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shamea Broussard, Michael Schirano.. (Fitzgerald, Jack) (Filed on 7/10/2023) (Entered: 07/10/2023)

#5

(#5) Summons Issued as to Dole Packaged Foods, LLC. (slh, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2023. Initial Case Management Conference set for 10/16/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (slh, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

#2

(#2) Proposed Summons. (Persinger, Melanie) (Filed on 7/3/2023) (Entered: 07/03/2023)

1 #2

Civil Cover Sheet

1 #1

Affidavit Consumers Legal Remedies Act Venue Affidavit

#1

(#1) COMPLAINT against Dole Packaged Foods, LLC ( Filing fee $ 402, receipt number ACANDC-18417623.). Filed byShamea Broussard, Michael Schirano. (Attachments: #1 Affidavit Consumers Legal Remedies Act Venue Affidavit, #2 Civil Cover Sheet)(Persinger, Melanie) (Filed on 7/3/2023) (Entered: 07/03/2023)

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Docket Entries

07/31/2023
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Docket(#22) STIPULATION to Extend Time to Respond to Plaintiff's Class Action Complaint Pursuant to Local Rule 6-1(a) filed by Dole Packaged Foods, LLC. (Laddon, Tarifa) (Filed on 7/31/2023) (Entered: 07/31/2023)

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07/28/2023
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Docket(#21) ORDER by Judge Haywood S. Gilliam, Jr. Granting #17 Motion for Pro Hac Vice as to Young, Tyler. (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

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07/28/2023
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Docket(#20) ORDER by Judge Haywood S. Gilliam, Jr. Granting #16 Motion for Pro Hac Vice as to Brew, Sarah. (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

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07/28/2023

Docket(#19) CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 18 . Please disregard docket no. 18 , it was e-filed in error. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

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07/28/2023
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Docket*** DOCKET NOS. #12 AND #13 TERMINATED, RE-FILED AS DCKET NOS. #16 AND #17 .*** (ndr, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)

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07/28/2023
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Docket(#18) ***DISREGARD, SEE DOCKET NO. 19 .*** CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #15 . Counsel is directed to re-file the notice of appearance and to add him/herself to the docket as part of the e-filing process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/28/2023) Modified on 7/28/2023 (ndr, COURT STAFF). (Entered: 07/28/2023)

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07/27/2023
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Docket(#17) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18488574.) Filing fee previously paid on 7/27/2023 filed by Dole Packaged Foods, LLC. (Attachments: #1 Certificate of Good Standing (Minnesota), #2 Certificate of Good Standing (Massachusetts))(Young, Tyler) (Filed on 7/27/2023) (Entered: 07/27/2023)

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07/27/2023
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Docket(#16) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18488520.) Filing fee previously paid on 7/27/2023 filed by Dole Packaged Foods, LLC. (Attachments: #1 Certificate of Good Standing (Minnesota), #2 Certificate of Good Standing (Wisconsin))(Brew, Sarah) (Filed on 7/27/2023) (Entered: 07/27/2023)

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07/27/2023
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Docket(#15) NOTICE of Appearance by Tarifa B Laddon (Laddon, Tarifa) (Filed on 7/27/2023) (Entered: 07/27/2023)

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07/27/2023
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Docket(#14) CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #12 AND #13 . Your address on the application does not match the address listed on the docket (2200 Wells Fargo Center is missing on the application). Either update your address on the docket or e-file a revised application (with attachments) with the correct address reflected on it. Also, your local co-counsel hasn't e-filed a notice of appearance and therefore doesn't appear as an attorney of record on the docket. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 7/27/2023) (Entered: 07/27/2023)

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07/11/2023
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Docket(#10) NOTICE of Appearance by Erica Abshez Moran (Moran, Erica) (Filed on 7/11/2023) (Entered: 07/11/2023)

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07/10/2023

Docket(#9) CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for October 17, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by October 10th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-03320-HSG. The October 17, 2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 7/10/2023) (Entered: 07/10/2023)

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07/10/2023
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Docket(#8) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 7/10/2023. (ark, COURT STAFF) (Filed on 7/10/2023) (Entered: 07/10/2023)

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07/10/2023

Docket(#7) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 7/10/2023) (Entered: 07/10/2023)

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07/10/2023
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Docket(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shamea Broussard, Michael Schirano.. (Fitzgerald, Jack) (Filed on 7/10/2023) (Entered: 07/10/2023)

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07/05/2023
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Docket(#5) Summons Issued as to Dole Packaged Foods, LLC. (slh, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

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07/05/2023
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Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2023. Initial Case Management Conference set for 10/16/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (slh, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

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07/05/2023

Docket(#3) Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/19/2023. (mbc, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)

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07/03/2023
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Docket(#2) Proposed Summons. (Persinger, Melanie) (Filed on 7/3/2023) (Entered: 07/03/2023)

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07/03/2023
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Docket(#1) COMPLAINT against Dole Packaged Foods, LLC ( Filing fee $ 402, receipt number ACANDC-18417623.). Filed byShamea Broussard, Michael Schirano. (Attachments: #1 Affidavit Consumers Legal Remedies Act Venue Affidavit, #2 Civil Cover Sheet)(Persinger, Melanie) (Filed on 7/3/2023) (Entered: 07/03/2023)

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