Chad Brazil v. Dole Packaged Foods, LLC

MEMORANDUM *

Plaintiff Chad Brazil, putatively representing a class of similarly situated eon- sumers, alleges that Defendants deceptively described their fruit products as “All Natural Fruit.” He appeals the district court’s orders on motions to dismiss, for summary judgment, and on class certification. We affirm in part and reverse in part.

The district court’s decision not to stay or dismiss this case under the doctrine of primary jurisdiction was not an abuse of discretion. Reiter v. Cooper, 507 U.S. 258, 268-69, 113 S.Ct. 1213, 122 L.Ed.2d 604 (1993) (explaining that the decision is one of…