UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 14, 2012
KYLE DEI ROSSI AND MARK LINTHICUM, ON BEHALF OF THEMSELVES AND THOSE SIMILARLY SITUATED,
WHIRLPOOL CORPORATION, PACIFIC SALES KITCHEN AND BATH CENTERS, INC. AND BEST BUY STORES, LP, DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez Judge, United States District Court
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS'
CLASS ACTION COMPLAINT, DENYING PLAINTIFFS' REQUESTS
FOR JUDICIAL NOTICE, AND DENYING
DEFENDANTS' MOTION TO STRIKE COUNT VIII AS MOOT
Defendants Whirlpool Corporation ("Whirlpool"), Pacific Sales Kitchen and Bath Centers, Inc. ("Pacific Sales"), and Best Buy Stores, LP ("Best Buy") move to dismiss the Class Action Complaint ("Complaint") filed by Plaintiffs Kyle Dei Rossi and Mark Linthicum, on behalf of themselves and a putative class of similarly situated consumers. Also pending before the Court are Plaintiffs' requests for judicial notice, and Defendants' motion to strike Count VIII, which is a list of the consumer protection statutes of 49 states and the District of Columbia.
Having reviewed the parties' briefing and considered the arguments of counsel at the September 5, 2012, hearing, and for the reasons stated on the record at the hearing, Defendants' motion to dismiss is GRANTED in its entirety, with leave to amend all claims except for the claim for unjust enrichment. Any amended complaint shall be filed by September 25, 2012. Defendants' motion to strike Count VIII is denied as moot. Plaintiffs' requests for judicial notice (Dkt. Nos. 37 and 45) are DENIED.
IT IS SO ORDERED.
John A. Mendez
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