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Park v. Dole Fresh Vegetables, Inc.

United States District Court, N.D. California

August 2, 2013

ANDREW PARK, on Behalf of Himself and All Other Persons Similarly Situated, Plaintiff,
v.
DOLE FRESH VEGETABLES, INC., Defendant

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[Copyrighted Material Omitted]

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For Andrew Park, Plaintiff: Casey Edwards Sadler, Marc Lawrence Godino, Michael M. Goldberg, LEAD ATTORNEYS, Glancy Binkow & Goldberg LLP, Los Angeles, CA.

For Dole Fresh Vegetables, Inc., Defendant: Charles Andrew Danaher, McKenna Long and Aldridge LLP, San Diego, CA; Theona Zhordania, McKenna Long, Los Angeles, CA.

OPINION

LUCY H. KOH, United States District Judge.

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ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER

Plaintiff Andrew Park ( " Plaintiff" ) brings this putative consumer class action lawsuit (the " Instant Action" ) against Defendant Dole Fresh Vegetables, Inc. (" Dole" or " Defendant" ) pursuant to California's Unfair Competition Law (" UCL" ), Business and Professions Code § § 17200, et seq., and California's Consumers Legal Remedies Act (" CLRA" ), Civil Code § § 1750, et seq. Before the Court is Defendant's Motion to Transfer Action to the Central District of California pursuant to 28 U.S.C. § 1404(a). See ECF Nos. 12, 29. The Court finds this matter appropriate for determination without oral argument and hereby VACATES the hearing and the case management conference set for August 8, 2013. See Civil L.R. 7-1(b). Having considered the parties' submissions and the relevant law, and for good cause shown, the Court hereby GRANTS Dole's Motion to Transfer.

I. BACKGROUND

A. Factual and Procedural Background[1]

Plaintiff, on behalf of himself and the proposed class, alleges that Dole's Salad Kit products are deceptively labeled as " All Natural" when, in fact, they contain unnaturally processed and synthetic ingredients. See First Am. Compl. (" FAC" ) ¶ 1, ECF No. 22. Plaintiff is currently a resident of Los Angeles, California, and allegedly purchased Dole's products at various supermarkets in Los Angeles. See FAC ¶ 6. Defendant Dole Fresh Vegetables, Inc.'s principal place of business is located in Monterey, California, see FAC ¶ 7, and the headquarters of Defendant's parent company, Dole Food Company, Inc., is located in Westlake Village, near Los Angeles, see ECF No. 36 at 1-2, n.1. Dole Fresh Vegetables, Inc.'s products are distributed nationwide. See FAC ¶ 7.

On January 22, 2013, Plaintiff Laura Hansen filed a Class Action Complaint, entitled Laura Hansen v. Dole Fresh Vegetables, Inc., No. BC499676, in the Los Angeles Superior Court. See RJN, Ex. 1. As in the Instant Action, the Hansen Complaint brings UCL and CLRA claims-- as well as additional state law claims--based on Hansen's allegation that Dole's Salad Kit products are deceptively labeled as " All Natural" when they actually contain unnaturally processed and synthetic ingredients. Id. at 1-2.

On January 29, 2013, Plaintiff Laura Hansen filed a virtually identical Class Action Complaint in the Central District of California entitled Laura Hansen v. Dole Fresh Vegetables, Inc., No. 13-00638 (C.D. Cal. filed Jan. 29, 2013), which was voluntarily dismissed the following day. See RJN, Ex. 2.

On February 20, 2013, Plaintiff Andrew Park filed the Complaint in the Central District of California. See Park v. Dole Fresh Vegetables, Inc., No. 13-01214 (C.D. Cal. filed Feb. 20, 2013) (" the Central District action" ), ECF No. 1; [2] RJN, Ex.

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3. On February 25, 2013, Plaintiff Park voluntarily dismissed the Central District action. See id., No. 13-01214, ECF No. 3. The following day, Plaintiff Park filed the ...


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