Peviani

ORDER:

(1) GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT; AND

(2) GRANTING IN PART DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE

The matters before the Court are (1) Defendants Hostess Brands, Inc.’s, Interstate Brands Corporation’s, and IBC Sales Corporation’s (collectively, “Defendants”) “Motion to Dismiss Plaintiffs’ First Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim for Relief’ (“Motion to Dismiss”); and (2) “Request for Judicial Notice in Support of Defendants’ Notice of Motion and Motion to Dismiss First Amended Complaint and Each Claim Thereof’ (“Request for Judicial Notice”). [Doc. Nos. 19, 21].

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 , 1332,1367 and 15 U.S.C. § 1121 .

FACTUAL AND PROCEDURAL BACKGROUND

In this putative class action, Plaintiff Victor Guttmann (“Plaintiff’) alleges that Defendants use misleading, deceptive, and fraudulent misstatements and omissions to market six (6) varieties of baked-goods products under the label “Hostess 100 Calorie Packs.” (First Amended Complaint (“First. Am. Compl.”) at ¶¶4-7, 61.) In particular, Plaintiff alleges that…