Pennie Roper v. Big Heart Pet Brands, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PENNIE ROPER, individually and on No. 1:19-cv-00406-DAD-BAM behalf of all others similarly situated, 12 Plaintiff, ORDER GRANTING IN PART AND v. DENYING IN PART MOTION TO DISMISS 14 BIG HEART PET BRANDS, INC., (Doc. No. 13) 15 Defendant.
17 This matter is before the court on defendant’s motion (Doc. No. 13) to dismiss plaintiff’s complaint. (Doc. No. 1) A hearing on that motion was held on August 20, 2019. (Doc. No. 25.) Attorney Ronald Rothstein appeared telephonically on behalf of defendant and attorneys Michael Reese and Benjamin Heikali appeared telephonically on behalf of plaintiff and the proposed class. (Id.) For the reasons explained below, the court will grant in part and deny in part defendant’s motion to dismiss.1 /////
1 The undersigned apologizes for the excessive delay in the issuance of this order. This court’s overwhelming caseload has been well publicized and the long-standing lack of judicial resources 26 in this district…