Carlin

ORDER ON DEFENDANTS’ MOTION TO DISMISS

This is a putative class action in diversity arising from the alleged misreporting of pricing data by Defendants Dairy America, Inc., (“Dairy America”) and California Dairies, Inc. (“California Dairies”) (collectively “Defendants”) which resulted in depressed prices paid to plaintiffs for raw milk during the period between January 1, 2002, through April 30, 2007. This case is the lead case of four cases that were consolidated by an order filed on May 29, 2009, 2009 WL 1518058 . In this memorandum opinion and order, the court considers the separate motions of Dairy America and California Dairies to dismiss all claims set forth in the First Amended Complaint (“FAC”) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Diversity jurisdiction exists pursuant to 28 U.S.C. § 1391 (a). Venue is proper in this court.

FACTUAL BACKGROUND

I. The Parties

The named plaintiffs are five dairy farmers located in states other than California who sold raw milk that was priced according to Federal Milk Marketing Orders (“FMMO’s”) during the time period be tween January 1, 2002, and April 30, 2007. The FAC asserts claims on behalf of a class of…