California Case Summaries

Alex Merrick, individually and on behalf of all others similarly situated, and Mildred Sevy, individually and on behalf of all others similarly situated, v. Mars, Incorporated and Mars Food US, LLC — Court grants joint motion to consolidate related class actions and sets briefing schedule

Unreported / Non-Citable

Case
Merrick v. Mars Food US, LLC
Court
U.S. District Court — Southern District of California
Judge
Janis L. Sammartino
Date decided
2026-10-22
Docket No.
3:26-cv-04610
Topics
civil procedure, consolidation, class action, consumer law, briefing schedule

Disposition notice

The court granted the parties' joint motion to consolidate Merrick v. Mars Food US, LLC, No. 26-CV-4610 JLS (JAC), and Sevy v. Mars, Incorporated, No. 26-CV-5697 JLS (JAC), under Federal Rule of Civil Procedure 42(a). The court found the actions involve common questions of fact and law, including substantially identical defendants, identical California proposed classes, a compatible nationwide class alleged by Merrick, the same factual allegations, and substantially overlapping causes of action under California consumer and advertising laws. The court consolidated the cases under lead Case No. 26-CV-4610 JLS (JAC), designated the consolidated action as Alex Merrick and Mildred Sevy, on behalf of themselves and all others similarly situated, v. Mars Food US LLC and Mars, Incorporated, and directed all counsel to file further documents under the consolidated action. All documents previously filed and/or served in the related actions are deemed part of the record in the consolidated action. The court ordered plaintiffs to file a consolidated complaint by November 20, 2026, defendants to file any motion to dismiss by December 18, 2026, plaintiffs to file any response by January 15, 2027, and defendants to file any reply by January 29, 2027.

Read the public order

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