Sandoval
Sandoval v. PharmaCare US, Inc.
Opinion
Lead Opinion
Huff, J.
ORDER DENYING MOTION TO DISMISS AND STRIKE
On June 25, 2015, Defendant Pharma-Care US, Inc. filed a motion to dismiss and *990 strike portions of Plaintiff John Sandoval’s first amended complaint. (Doc. No. 11.) Plaintiff opposed the motion on September 14, 2015. (Doc, No. 13.) Defendant replied on September 21, 2015. (Doc. No. 14.) The Court took the matter under submission on September 23, 2015, pursuant to Local Civil Rule 7.1(d)(1). (Doc. No. 16.) For the reasons set forth below, the Court denies Defendant’s motion.
Background
This case is a putative nationwide consumer class action regarding Defendant’s over-the-counter product IntenseX. Plaintiff filed the initial complaint on April 3, 2015.- (Doc. No. 1.) He filed the operative first amended complaint (“FAC”) on June 11, 2015. (Doc. No. 9.) This Court has jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332 (d)(2). (Id. ¶ 1.)
Plaintiff seeks to litigate on behalf of all persons in' the United States who bought IntenseX primarily for personal, family, or household use and not for resale since January 1, 2004. (Id. ¶87.) He alleges causes of action for unlawful, unfair, and fraudulent business practices…