Kal Kan Foods, Inc. v. Iams Co.

DECISION AND ENTRY OVERRULING DEFENDANTS’ MOTION TO DISMISS, PURSUANT TO FED. R. CIV. P. 12(B)(1) (DOC. # 16-1) AND THEIR MOTION, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOC. # 16-2); PLAINTIFF’S MOTION TO COMPEL (DOC. #33) SUSTAINED; PLAINTIFF’S MOTION FOR SANCTIONS (DOC. #33) OVERRULED, WITHOUT PREJUDICE TO RENEWAL AT THE COMPLETION OF THIS LITIGATION; DEFENDANTS’ MOTIONS TO STRIKE (DOC. # 40, DOC. # 53, DOC. # 60) OVERRULED AS MOOT; CONFERENCE CALL SET

RICE, Chief Judge.

The instant litigation arises out of alleged false advertising by the lams Company (“lams”) for its dog food products.…