First Impressions Salon, Inc. v. National Milk Producers Federation

MEMORANDUM AND ORDER

ROSENSTENGEL, District Judge:

This matter is currently before the Court on the motion filed jointly by all Defendants seeking to dismiss the Third Amended Consolidated Class Action Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) and to strike certain class allegations pursuant to Federal Rule of Civil Procedure 23(d)(1)(D) (Doc. 166).1 For the reasons explained below, the motion is granted in part and denied in part.

Background

These background facts were derived from the Third Amended Consolidated Class Action Complaint filed by Plaintiffs First…