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16-031 - Goodland Foods, Inc. v. Waddell, Inc. et al


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16-031 - Goodland Foods, Inc. v. Waddell, Inc. et al
March 17, 2016
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that 7 MOTION to Dismiss Case filed by Defendant Waddell, Inc., is DENIED. IT IS FURTHER ORDERED that no later than March 28, 2016, Goodland shall file an Amended Complaint including the basis of subject matter jurisdiction for Count III (Amended Pleadings due by 3/28/2016). IT IS FURTHER ORDERED that 9 MOTION to Strike Plaintiff's Motion for Class Certification Under Rule 23, or in the Alternative, Motion to Stay Briefing filed by Defendant Waddell, Inc., is GRANTED to the extent Waddell seeks to stay briefing until after discovery is completed. IT IS FURTHER ORDERED that pursuant to Plaintiff's Dismissal Without Prejudice of Count IV of Plaintiff's Complaint 11, Count IV will be DISMISSED WITHOUT PREJUDICE. Signed by Magistrate Judge John M. Bodenhausen on 3/17/16. (CAR)