Opinion
No. CV 10-7301-GW(AGRx)
10-17-2011
DANIELLE MORTON on Behalf of Herself and All Others Similarly Situated, Plaintiff, v. KRAFT FOODS INC., KRAFT FOODS NORTH AMERICA, and KRAFT FOODS GLOBAL, INC., Defendants.
ORDER DISMISSING COMPLAINT
For the reasons discussed on the record during the September 29, 2011 hearing in the related case Red v. Kraft Foods, No. 10-1028 and in light of Plaintiff's failure to file a motion for class certification by May 13, 2011 as previously ordered by the Court (Dkt. No. 22), the Court hereby DISMISSES Plaintiff's complaint with prejudice. See C.D. Cal. L.R. 23-3 (mandating that a plaintiff file her motion for class certification within 90 days after service or the complaint or as ordered by the Court); Archila v. KFC U.S. Props., Inc., 420 F. App'x 667, 668 (9th Cir. 2011) (affirming dismissal for failure to comply with Local Rule 23-3).
IT IS SO ORDERED.
The Honorable George H. Wu
U.S. District Court Judge