Mohamed

Mohamed v. Kellogg Company

Good Law
United States District Court, Southern District of CaliforniaNovember 8, 20193:14-cv-02449California699 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 TASNEEM L. MOHAMED, Case No. 3:14-cv-02449-L-MDD

Plaintiff, ORDER DENYING JOINT MOTION

TO CONTINUE CLASS

v.

CERTIFICATION BRIEFING

KELLOGG COMPANY,

15 Defendant.

17 Pending before the Court in this putative consumer class action alleging false and misleading food labeling is the Joint Motion to Continue Class Certification Briefing Schedule. For the reasons stated below, the motion is denied. Plaintiff's initial motion to certify a class action was denied without prejudice on March 23, 2019, based on Comcast Corp v. Behrend, 569 U.S. 27 (2013), and Vaquero v. Ashley Furniture Indus., 824 F.3d 1150 (9th Cir. 2016), because Plaintiff's proposed model of damages did not meet the predominance requirement of Federal Rule of Civil Procedure 23(b)(3). (Doc. no. 88.) Plaintiff was granted leave to file another class certification motion supported by adequate proof. (Id.) Plaintiff timely filed her renewed motion on May 22, 2019. (Doc. no. 89.) 28 On June…

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