Case 2:09-cv-09192-GW-CW Document 95 Filed 05/27/11 Page 1 of 2 Page ID #:1067

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION on behalf of all others similarly situated, Case No. CV09-9192 GW (CWx) Consolidated Action Hon. George H. Wu ORDER GRANTING MOTION TO DISMISS ENTIRE ACTION WITH PREJUDICE

12 MAURICIO CHAVEZ, individually and

) ) 13 ) Plaintiffs, 14 ) vs. ) 15 ) NESTL USA, INC., a Delaware 16 corporation, ) ) 17 Defendant. ) 18 ) VINCENT BONSIGNORE and 19 ZANETTA TADDESSE-BONSIGNORE, ) ) individually and on behalf of all others 20 similarly situated, ) ) 21 Plaintiffs, ) 22 vs. ) ) 23 NESTL USA, INC., a Delaware ) corporation, 24 ) Defendant. ) 25
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ORDER DISMISSING CASE WITH PREJUDICE

Case No. CV09-9192 GW (CWx)

Case 2:09-cv-09192-GW-CW Document 95 Filed 05/27/11 Page 2 of 2 Page ID #:1068

This matter having come before the Court on defendant Nestl USA, Inc.s March

2 2, 2011 motion to dismiss the second amended consolidated class action complaint 3 (Dkt. #80), and the Court having considered all papers filed in support of and in 4 opposition to the motion, as well as the argument of counsel at hearings held on May 2, 5 2011 and May 19, 2011, and for good cause shown, IT IS HEREBY ORDERED that 6 the motion to dismiss is GRANTED in its entirety, without leave to amend and with 7 prejudice. As specified in the Courts Civil Minutes dated May 19, 2011 (Dkt. #90), the 8 Courts written tentative ruling issued on May 2, 2011 (Dkt. #89) is adopted as the 9 Courts final ruling on the motion. Defendant is ordered to submit a proposed 10 judgment. 11 12 13 14 DATED: May 27, 2011 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED.

Hon. George H. Wu UNITED STATES DISTRICT JUDGE

-1ORDER DISMISSING CASE WITH PREJUDICE Case No. CV09-9192 GW (CWx)