Chavez v. Blue Sky Natural Beverage Company

Case # 06-cv-06609
Case Name Chavez v. Blue Sky Natural Beverage Company
Jurisdiction US District Court for N.D. CA

Plaintiffs allege that Defendant deceptively marketed its Blue Sky-branded beverages as being manufactured in Santa Fe, New Mexico, by a New Mexico-based company, even after a sale and merger lead to the company being relocated to California.  Defendant maintained a Santa Fe area code and mail forwarding service to further this misconception, as well as prominent Santa Fe labeling on products.  Consumers were mislead into believing they were supporting a New Mexico company, providing an authentic product, when that was not the case and paid an undue premium as a result. 

Final Approval Date 06/01/2012
  1. Final Approval granted.
  2. Objector Santana was found to be without standing, having failed to prove his class membership, and his objections were also overruled on the merits.
  3. Objector Santana, through Attorney Bandas, appealed the Final Approval.
  4. The Santana appeal was dismissed for failure to file an opening brief.
Dismissal of Last Appeal 12/11/2012
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Final Approval Order.pdf
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Objection of Luis Mario Santana

Objectors Luis Mario Santana
Signers Luis Mario Santana
Attorneys Christopher A. Bandas
  1. Claims process is unduly burdensome and will depress recovery by the class.
    • Class members who do not have proof of purchase will receive a coupon (NOTE:  This settlement does not provide coupon provisions.  All class recovery is cash.)
  2. Attorneys' fees are excessive.
  3. Class representative award is excessive.

NOTE:  Attorney Bandas filed his appearance on the appeal.

This appeal was dismissed for failure to prosecute (failure to file an opening brief).

Attachments Objection of Luis Mario Santana.pdf
Plaintiffs' Response to Objection.pdf
Appeal of Objector Santana.pdf
Bandas Appearance for Objector-Appellant Santana.pdf
Dismissal of Santana Appeal.pdf
Santana Appeal Docket.pdf
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Last Updated