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Morey v. Nextfoods

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 15, 2010

DEANNA MOREY, ON BEHALF OF HERSELF, ALL OTHERS SIMILARLY SITUATED AND THE GENERAL BY PUBLIC, PLAINTIFF,
v.
NEXTFOODS, INC., AND DOES 1-25, INCLUSIVE, DEFENDANT.

ORDER GRANTING APPLICATION NEXTFOODS, INC. FOR LEAVE TO ALLOW NON-ELECTRONIC FILING OF EXHIBITS [DOCKET NO. 5]

ORDER

Having considered the Application by Defendant NextFoods, Inc. ("NextFoods") for Leave to Allow Non-Electronic Filing of Exhibits in support of its anticipated motions to dismiss and strike Plaintiff Deanna Morey's Class Action Complaint ("Complaint"), the Court finds that consideration of the non-electronic exhibits proposed to be filed by NextFoods, which consist of the actual packaging at issue in this case, is appropriate in the context of NextFoods' anticipated motions. The packaging forms the subject matter of the Complaint, and the Complaint includes partial images and quotations from the packaging. Accordingly, the Court rules as follows:

IT IS HEREBY ORDERED, ADJUDICATED AND DECREED THAT NextFoods' Application is GRANTED. NextFoods may file the requested non-electronic exhibits as set forth in its Application.

IT IS SO ORDERED.

20100415

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