Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02192-BEN-WMC

Document 4

Filed 02/13/2008

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DLA P IPER US LLP
SAN DIEGO

Noah A. Katsell (Bar No. 217090) [email protected] DLA PIPER US LLP 401 B Street, Suite 1700 San Diego, CA 92101-4297 Tel: 619.699.2700 Fax: 619.699.2701 Amy Weinfeld Schulman (To apply pro hac vice) [email protected] DLA PIPER US LLP 1251 Avenue of the Americas New York, NY 10020-1104 Tel: 212.335.4500 Fax: 212.335.4501 Attorneys for Defendant Kraft Foods Global, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ADRIANNE SMITH, as an individual and on behalf of all others similarly situated, Plaintiff, v.

CASE NO. 07 CV 2192 BEN (CAB) Assigned to Hon. Roger T. Benitez DEFENDANT KRAFT FOODS GLOBAL, INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) [Filed concurrently with (1) Memorandum of Points and Authorities in Support of Motion to Dismiss and (2) Request for Judicial Notice] Date: April 21, 2008 Time: 10:30 a.m. Place: Courtroom 3

KRAFT FOODS, INC., a Virginia corporation, Defendant.

Case No. 07 CV 2192 BEN (CAB)

Case 3:07-cv-02192-BEN-WMC

Document 4

Filed 02/13/2008

Page 2 of 2

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DLA P IPER US LLP
SAN DIEGO

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on April 21, 2008, at 10:30 a.m., or as soon thereafter as the matter may be heard, in Courtroom 3 of the above-entitled Court, located at 940 Front Street, San Diego, California 92101, Defendant Kraft Foods Global, Inc., erroneously sued as Kraft Foods Inc., will and hereby does move the Court, pursuant to Federal Rule of Civil Procedure 12(b)(6), for an Order dismissing Plaintiff's Complaint in its entirety with prejudice. Dismissal is appropriate because Plaintiff's entire Complaint is preempted by federal food labeling regulations promulgated by the Food and Drug Administration, 21 U.S.C. § 343(r), and because each of Plaintiff's causes of action fails to allege facts sufficient to state a claim for relief against Defendant. This Motion is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities in support, the pleadings, papers, and exhibits filed or lodged in this action, all items which may be judicially noticed, all other matters that may appropriately be presented to the Court, and any oral argument as may be presented at the hearing of this Motion. Dated: February 13, 2008 DLA PIPER US LLP

s/Noah A. Katsell Attorneys for Defendant Kraft Foods Global, Inc. E-mail: [email protected]

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Case No. 07 CV 2192 BEN (CAB)