Classick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 RICHARD DAVID CLASSICK, JR., No. 2:18-cv-02344-JAM-AC individually and on behalf of all others similarly situated, ORDER DENYING DEFENDANT’S MOTION Plaintiff, TO DISMISS 11 v. 12 SCHELL & KAMPETER, INC. d/b/a DIAMOND PET FOODS, Defendant. 15 Richard David Classick, Jr. (“Plaintiff”), the owner of a Blue Nose American Pitbull named Otis, purchased Taste of the Wild® dog food for his loyal companion until he discovered it contains undisclosed levels of heavy metals, BPA, pesticides, acrylamides and regrinds. Plaintiff brought a putative class action against Schell & Kampeter, Inc. d/b/a Diamond Pet Foods (“Defendant”), the company that manufactures, markets, and sells Taste of the Wild® dog food. See Fourth Am. Compl. (“4AC”), ECF No. 67. Defendant moves to dismiss. See Mot. to Dismiss (“Mot.”), ECF No. 70.1

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was 28 …