Mirakay v. Dakota Growers Pasta Company, Inc

Case # 13-cv-04429
Case Name Mirakay v. Dakota Growers Pasta Company, Inc
Jurisdiction US District Court for NJ
Summary

Defendants marketed pasta under the Dreamfields brand as having a significantly lower digestible carbohydrate profile than traditional pasta. They also claimed that the pasta was manufactured with the same durum wheat semolina as other brands. This pasta was sold at a significant mark-up, thanks to its dietary claims. However, independent testing showed that Dreamfields pastas created the same glycemic response as pastas not marketed as having lower carbohydrates, indicating that Dreamfields pasta was substantially similar in dietary profile and healthfulness to other, less expensive pastas. 

Final Approval Date 10/20/2014
Result
  1. Final Approval granted.
  2. All objections overruled.
  3. Objectors Weaver (through Attorney Palmer) and Mager (pro se) appealed the Final Approval.
  4. Class counsel motioned for a $44,000 appeal bond from both Appellants.
  5. Appeals were voluntarily dismissed before the Court ruled on the Appeal Bond.
Dismissal of Last Appeal 12/12/2014
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval.pdf
Plaintiffs' Response to Objections.pdf
Final Opinion.pdf
Final Approval.pdf
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Objection of Dawn Weaver

Objectors Dawn Weaver
Signers Dawn Weaver
Attorneys Joseph Darrell Palmer
Summary
  1. Attorneys' fees are excessive.
  2. Settlement favors class counsel over class members.
  3. Notice was not sufficiently provided to class members.
  4. Requirements for objectors are unduly burdensome.

NOTE: Joseph Darrell Palmer filed his appearance on the Appeal, one day before the Appeal was voluntarily dismissed.

Attachments Objection of Dawn Weaver.pdf
Appeal of Objector Weaver.pdf
Motion for Appeal Bond (Weaver).pdf
Brief in Support of Appeal Bond (Weaver).pdf
Declaration of Claim Administrator in Support of Appeal Bond (Weaver).pdf
Weaver Response to Appeal Bond.pdf
Palmer Appearance for Objector-Appellant Weaver.pdf
Dismissal of Weaver Appeal.pdf
Weaver Appeal Docket.pdf
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Objection of Dave Mager

Objectors Dave Mager
Signers Dave Mager
Attorneys
Summary
  1. Attorneys did not do sufficient work to deserve their fees.
  2. Injunctive relief is insufficient.
  3. Defendant should be required to permanently change their packaging.
  4. Claim form is unduly burdensome.
Attachments Objection of Dave Mager.pdf
Appeal of Objector Mager.pdf
Motion for Appeal Bond (Mager).pdf
Mager Response to Appeal Bond.pdf
Dismissal of Mager Appeal.pdf
Mager Appeal Docket.pdf
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Objection of Vincent L. Verdiramo

Objectors Vincent L. Verdiramo
Signers Vincent S. Verdiramo
Attorneys Vincent S. Verdiramo
Summary
  1. Attorneys' fees are excessive and should not be calculated until actual recovery by the class is known.
  2. Requirements to object to fees before Fee Motion is filed are improper.
Attachments Objection of Vincent Verdiramo.pdf
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Objection of Lewis W. Matteson, III

Objectors Lewis W. Matteson, III
Signers Lewis W. Matteson, III
Attorneys
Summary
  1. Actual benefit to the class is unknowable.
  2. Attorneys' fees are excessive.
  3. Store purchasers are unfairly limited to compensation for 15 boxes purchased, even if they can document more.
Attachments Objection of Lewis W. Matteson III.pdf
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Objection of Sharon L. Matousek

Objectors Sharon L. Matousek
Signers Vincent S. Verdiramo
Attorneys Vincent S. Verdiramo
Summary
  1. Attorneys' fees are excessive and should not be calculated until actual recovery by the class is known.
  2. Requirements to object to fees before Fee Motion is filed are improper.
Attachments Objection of Sharon L. Matousek.pdf
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