This case was last updated from U.S. District Courts on 01/18/2022 at 07:20:41 (UTC).

Fleming v. Del Monte Foods, Inc.

Case Summary

On November 19, 2021, Jaymee Fleming (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Spencer I. Sheehan of Sheehan & Associate, P.C., filed a personal property fraud lawsuit against Del Monte Foods, Inc. (“Defendant”), seeking injunctive relief, statutory/punitive damages, and other reliefs for the Defendant’s allegedly unfair and deceptive representations and actions. This case was filed in U.S. District Court in the Southern District of Illinois with Judge Staci M. Yandle presiding.

 

The Plaintiff filed this complaint for alleged unfair and deceptive representations and actions alleging that the Product sold by the Defendant is for a price premium compared to other similar products, no less than approximately $2.79 for 14.5 oz (411g), a higher price than it would otherwise be sold for, absent the misleading representations and omissions.

 

In the complaint, the Plaintiff alleged that, “Plaintiff and class members desired to purchase a product that did not contain preservative ingredients. Defendant’s false and deceptive representations and omissions are material in that they are likely to influence consumer purchasing decisions. Defendant misrepresented the Product through statements, omissions, ambiguities, half-truths and/or actions. Plaintiff and class members would not have purchased the Product or paid as much if the true facts had been known, suffering damages. Defendant misrepresented the Product through statements, omissions, ambiguities, half-truths and/or actions. Plaintiff relied on the representations that the Product did not contain preservative ingredients.”

 

The Plaintiff further alleged that, “Defendant intended that plaintiff and each of the other members of the Consumer Fraud Multi-State Class would rely upon its deceptive conduct, and a reasonable person would in fact be misled by this deceptive conduct. As a result of defendant’s use or employment of artifice, unfair or deceptive acts or business practices, plaintiff, and each of the other members of the Consumer Fraud Multi-State Class, have sustained damages in an amount to be proven at trial.”

 

The Plaintiff also alleged that, “Defendant had a duty to disclose and/or provide non-deceptive descriptions and marketing of the Product. This duty is based on Defendant’s outsized role in the market for this type of Product, the preeminent brand when it comes to packaged vegetables, symbolized by the iconic Del Monte Shield, representing the highest quality. Thus, the Product has a high level of trust with consumers, more so than other brands.”

 

There are six claims for relief laid down by the Plaintiff. The first claim alleged is for violation of Illinois Consumer Fraud And Deceptive Business Practices Act (“ICFA”), 815 ILCS 505/1, et seq.; the second claim alleged is for Violation of State Consumer Fraud Acts; the third claim alleged is for breaches of express warranty, implied warranty of merchantability and the Magnuson Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.; the fourth claim alleged is for negligent misrepresentation; the fifth claim alleged is for fraud; and the sixth claim alleged is for unjust enrichment.

 

In their prayer for relief, the Plaintiff has requested the Court for a declaration that this a proper class action and certify the Plaintiff as the representative and grant preliminary and permanent injunctive relief along with an award of monetary damages, statutory and/or punitive damages, costs, reasonable attorneys’ fees, expenses, interests and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-01462

  • Filing Date:

    11/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Staci M. Yandle

 

Party Details

Plaintiff

Jaymee Fleming

Defendant

Del Monte Foods, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Spencer I. Sheehan

Attorney at Sheehan & Associate, P.C.

60 Cuttermill Rd Ste 409

Great Neck, NY 11021-3104

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

1 #2

Summons

#2

(#2) NOTICE of Appearance by Spencer I. Sheehan on behalf of Jaymee Fleming (Sheehan, Spencer) (Entered: 11/19/2021)

#4

(#4) Summons Issued as to Del Monte Foods, Inc. Original summons mailed to Attorney Sheehan. (lmb) (Entered: 11/22/2021)

 

Docket Entries

  • 11/22/2021
  • View Court Documents
  • Docket(#4) Summons Issued as to Del Monte Foods, Inc. Original summons mailed to Attorney Sheehan. (lmb) (Entered: 11/22/2021)

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  • 11/22/2021
  • Docket(#3) Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 21-1462-SMY. (lmb) (Entered: 11/22/2021)

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  • 11/19/2021
  • View Court Documents
  • Docket(#2) NOTICE of Appearance by Spencer I. Sheehan on behalf of Jaymee Fleming (Sheehan, Spencer) (Entered: 11/19/2021)

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  • 11/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Del Monte Foods, Inc. ( Filing fee $ 402 receipt number AILSDC-4638548.), filed by Jaymee Fleming. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sheehan, Spencer) (Entered: 11/19/2021)

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