Miller v. Big Heart Pet Brands, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAULA RICE-SHERMAN, et al., Case No. 19-cv-03613-WHO

8 Plaintiffs, ORDER DENYING IN PART AND

GRANTING IN PART MOTION TO

9 v. DISMISS AND STRIKE THE FIRST

AMENDED COMPLAINT WITH

10 BIG HEART PET BRANDS, INC., LEAVE TO AMEND; DENYING

MOTION TO TRANSFER

Defendant. 11 Re: Dkt. Nos. 45, 46

12

13 Plaintiffs Paula Rice-Sherman, Deborah Coleman, and Wilma Rogers bring this putative 14 class action against defendant Big Heart Pet Brands, Inc. (“Big Heart”), alleging that it falsely 15 markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food 16 (“Nature’s Recipe Food” or the “Product”) as “Grain Free,” and as containing “No Corn” and “No 17 Soy Protein.” First Amended Complaint (“FAC”) [Dkt. No. 40] ¶¶ 6-8. For the reasons set forth 18 below, I DENY Big Heart’s motion to transfer to the Northern District of Ohio, DENY in part its 19 motion to dismiss the FAC and DENY its motion to strike the class definition. Plaintiffs have 20 sufficiently pleaded (i) Article III…