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Defendants WhiteWave Foods Company, Dean Foods Company, WWF Operating Company and Horizon Organic Dairy LLC filed their motion to dismiss in the U.S. District Court for the Northern District of California San Francisco Division Aug. 1. "This case was over before it started," wrote Angela Agrusa, an attorney for Los Angeles law firm Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP, who is representing the companies. "In nearly identical litigation before the U.S. District Court for the Southern District of Florida, Defendants, faced with substantially the same allegations as have been alleged in this lawsuit, reached a settlement involving a nationwide class of consumers, including plaintiffs Alex Ang and Kevin Avoy (collectively, 'Plaintiffs'). "In settling the prior case, WhiteWave Foods agreed to remove all references to evaporated cane juice ('ECJ') from all of its product labels nationwide and to refund class members between 25 percent and 100 percent of the prices they paid for products with ECJ on their labels. In return, the plaintiff class released all claims against WhiteWave Foods and all of its past and present affiliates, including defendant Dean Foods Co. ('Dean Foods')." Ten days after the federal court in Florida preliminarily approved the class settlement, certified a class for settlement purposes and enjoined any class members from filing related lawsuits, the plaintiffs filed the instant action. In it, they allege many of the same claims -- "with a couple new twists," Agrusa wrote -- against almost all of the same defendants. "As such, preclusion principles prevent Plaintiffs from proceeding any further with this case," the companies argue in their motion.
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