Retta v. Millennium Products

Case # 15-cv-01801
Case Name Retta v. Millennium Products
Jurisdiction US District Court for C.D. CA

Plaintiffs allege numerous fraudulent labeling practices in the Defendant's "Enlightened Kombucha" line of beverages.  The beverages were marketed as being "non-alcoholic", when the amount of alcohol far exceeded the legal limit for this designation.  The drinks also claimed beneficial antioxidant properties, despite containing none of the officially recognized antioxidant ingredients.  Finally, the drinks contained approximately four times the amount of sugar listed on the packaging.  As a result of these false and misleading claims, Plaintiffs purchased a product they would not have otherwise.

Final Approval Date 08/22/2017
  1. Final Approval granted.
    • The Court noted that both Objectors Sweeney and Ference were "serial objectors" (see Final Approval Order, page 11).
    • The Court further noted that Objector Ference's objections were "boilerplate" (see Final Approval Order, page 13).
  2. Objectors Sweeney and Ference appealed the Final Approval.
  3. The Sweeney appeal was dismissed for failure to pay the filing fee.
  4. Plaintiffs motioned for an appeal bond of $41,000 from Objector-Appellant Ference.
    • Plaintiffs noted that Objector-Appellant Ference's attorney, Bradley D. Salter, requested a payment of $25,000 to drop the appeal (see Krivoshey Declaration, attached below).
  5. The appeal bond of $41,000 was granted.
  6. The Ference appeal was voluntarily dismissed.
Dismissal of Last Appeal 01/29/2018
Attachments Docket Report.pdf
Fifth Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Declaration in Support of Plaintiff's Response to Objections.pdf
Final Approval Order.pdf
Order Granting Motion for Appeal Bond.pdf
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Objection of Patrick Sweeney

Objectors Patrick Sweeney
Signers Patrick Sweeney
  1. Claims process lacks sufficient oversight.
  2. A portion of the attorneys' fees should be withheld to provide adequate oversight.
  3. Attorneys' fees do not reflect actual recovery by the class.
  4. Attorneys' fees are excessive and not supported by the docket record.
Attachments Objection of Patrick Sweeney.pdf
Appeal of Objector Sweeney.pdf
Dismissal of Sweeney Appeal.pdf
Sweeney Appeal Docket.pdf
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Objection of Justin Ference

Objectors Justin Ference
Signers Justin Ference
Bradley D. Salter
Attorneys Bradley D. Salter
  1. Settlement should provide a guardian for minor class members.
  2. Class members should not be required to release claims against third parties.
  3. Class members should be allowed to participate in actions brought by state and federal agencies.
  4. Voucher provisions provide monetary benefit to Defendant.
  5. Attorneys' fees should be based on value of redeemed vouchers.
Attachments Objection of Justin Ference.pdf
Appeal of Objector Ference.pdf
Motion for Appeal Bond from Objector-Appellant Ference.pdf
Memorandum in Support of Motion for Appeal Bond from Objector-Appellant Ference.pdf
Krivoshey Declaration in Support of Motion for Appeal Bond.pdf
Order Granting Motion for Appeal Bond.pdf
Dismissal of Ference Appeal.pdf
Ference Appeal Docket.pdf
Added to Index
Last Updated