Blaszkowski et al v. Mars Inc. et al

Filing 378

ANSWER to Amended Complaint (Fourth Amended Complaint) by Pet Supplies Plus/USA Inc..(Tamarazzo, Dominick)

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Blaszkowski et al v. Mars Inc. et al Doc. 378 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 1 of 54 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21221-CIV-ALTONAGA/BROWN RENEE BLASZKOWSKI, PATRICIA DAVIS, SUSAN PETERS, DEBORAH HOCK, BETH WILSON, CLAIRE KOTZAMPALTIRIS, DONNA HOPKINS-JONES, MARIAN LUPO, JANE HERRING, JO-ANN MURPHY, STEPHANIE STONE, PATRICIA HANRAHAN, DEBBIE RICE, ANN QUINN, SHARON MATHIESEN, SANDY SHORE, CAROLYN WHITE, LOU WIGGINS, MICHELLE LUCARELLI, RAUL ISERN, DANIELLE VALORAS, LISA MACDONALD, CINDY TREGOE, JENNIFER DAMRON, MARLENA RUCKER, JULIE NELSON, YVONNE THOMAS, DEBBIE MCGREGOR, LINDA BROWN and TONE GAGLIONE, individually and on behalf of others similarly situated, Plaintiffs, vs. MARS INC., MARS PETCARE US, INC., PROCTER AND GAMBLE CO., THE IAMS CO., COLGATE PALMOLIVE COMPANY, HILL'S PET NUTRITION, DEL MONTE FOODS, CO., NESTL� USA INC., NESTL� PURINA PETCARE CO., NUTRO PRODUCTS INC., NATURA PET PRODUCTS, INC., MENU FOODS, INC., MENU FOODS INCOME FUND, PUBLIX SUPER MARKETS, INC., NEW ALBERTSON'S INC., ALBERTSON'S LLC, THE KROGER CO. OF OHIO, PETCO ANIMAL SUPPLIES STORES, INC., PET SUPERMARKET, INC., PET SUPPLIES PLUS/USA INC., PETSMART INC., TARGET CORP. AND WAL-MART STORES, INC., Defendants. ______________________________________________/ DEFENDANT PET SUPPLIES PLUS/USA INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO THE FOURTH AMENDED CLASS ACTION COMPLAINT, AND DEMAND FOR JURY TRIAL COMES NOW, the Defendant, PET SUPPLIES PLUS/USA INC. ("PET SUPPLIES"), by 1 Dockets.Justia.com Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 2 of 54 and through its undersigned counsel, and files the following Answer and Affirmative Defenses to the Plaintiffs'1 Fourth Amended Class Action Complaint ("Complaint"), and states as follows: I. PET SUPPLIES' ANSWER INTRODUCTION 1. PET SUPPLIES admits generally that Plaintiffs have initiated a purported class action. PET SUPPLIES has insufficient knowledge to admit or deny the remaining allegations in Paragraph 1 of the Plaintiffs' Complaint and therefore denies same and demands strict proof thereof. 2. PET SUPPLIES denies each and every allegation contained in Paragraph 2 of the Plaintiffs' Complaint and strict proof is demanded thereof. PARTIES Plaintiffs/Class Representatives 3. With regard to whether Plaintiff/Class Representative, Renee Blaszkowski, purchased pet food from PET SUPPLIES during the class period for her cat(s)/dog(s), PET SUPPLIES lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 3 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. PET SUPPLIES denies each and every remaining allegation contained in Paragraph 3 of the Plaintiffs' Complaint. 4. The allegations contained in Paragraph 4 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 4 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. The term "Plaintiffs" as used herein refers to the named Plaintiffs individually and on behalf of all others similarly situated. 2 1 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 3 of 54 5. The allegations contained in Paragraph 5 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 5 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 6. The allegations contained in Paragraph 6 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 6 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 7. The allegations contained in Paragraph 7 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 7 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 8. The allegations contained in Paragraph 8 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 8 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 9. The allegations contained in Paragraph 9 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 9 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 10. The allegations contained in Paragraph 10 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within 3 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 4 of 54 Paragraph 10 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 11. The allegations contained in Paragraph 11 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 11 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 12. The allegations contained in Paragraph 12 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 12 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 13. The allegations contained in Paragraph 13 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 13 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 14. With regard to whether Plaintiff/Class Representative, Stephanie Stone, purchased pet food from PET SUPPLIES during the class period for her cat(s)/dog(s), PET SUPPLIES lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 14 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. PET SUPPLIES denies each and every remaining allegation contained in Paragraph 14 of the Plaintiffs' Complaint. 4 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 5 of 54 15. The allegations contained in Paragraph 15 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 15 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 16. The allegations contained in Paragraph 16 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 16 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 17. The allegations contained in Paragraph 17 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 17 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 18. The allegations contained in Paragraph 18 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 18 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 19. The allegations contained in Paragraph 19 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within 5 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 6 of 54 Paragraph 19 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 20. The allegations contained in Paragraph 20 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 20 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 21. The allegations contained in Paragraph 21 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 21 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 22. The allegations contained in Paragraph 22 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 22 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 23. The allegations contained in Paragraph 23 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 23 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 6 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 7 of 54 24. The allegations contained in Paragraph 24 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 24 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 25. The allegations contained in Paragraph 25 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 25 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 26. The allegations contained in Paragraph 26 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 26 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 27. With regard to whether Plaintiff/Class Representative, Jennifer Damron, purchased pet food from PET SUPPLIES during the class period for her cat(s)/dog(s), PET SUPPLIES lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 27 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. PET SUPPLIES denies each and every remaining allegation contained in Paragraph 27 of the Plaintiffs' Complaint. 28. The allegations contained in Paragraph 28 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, 7 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 8 of 54 it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 28 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 29. The allegations contained in Paragraph 29 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 29 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 30. The allegations contained in Paragraph 30 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 30 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 31. The allegations contained in Paragraph 31 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 31 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 32. The allegations contained in Paragraph 32 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 32 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 8 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 9 of 54 DEFENDANTS Defendant Manufacturers 33. The allegations contained in Paragraph 33 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 33 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 34. The allegations contained in Paragraph 34 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 34 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 35. The allegations contained in Paragraph 35 of the Plaintiffs' Complaint (including footnote no.1) are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 35 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 36. The allegations contained in Paragraph 36 (including footnote no.2) of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 36 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 9 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 10 of 54 37. The allegations contained in Paragraph 37 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 37 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 38. The allegations contained in Paragraph 38 (including footnote no.3) of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 38 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 39. The allegations contained in Paragraph 39 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 39 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 40. The allegations contained in Paragraph 40 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 40 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Defendant Co-Packers 41. The allegations contained in Paragraph 41 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, 10 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 11 of 54 it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 41 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 42. The allegations contained in Paragraph 42 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 42 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 43. The allegations contained in Paragraph 43 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 43 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 44. The allegations contained in Paragraph 44 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 44 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 45. The allegations contained in Paragraph 45 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 45 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 11 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 12 of 54 46. The allegations contained in Paragraph 46 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 46 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Defendant Retailers 47. The allegations contained in Paragraph 47 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 47 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 48. The allegations contained in Paragraph 48 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 48 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 49. The allegations contained in Paragraph 49 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 49 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 50. The allegations contained in Paragraph 50 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, 12 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 13 of 54 it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 50 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 51. The allegations contained in Paragraph 51 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 51 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 52. The allegations contained in Paragraph 52 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 52 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Defendant Pet Specialty Retailers 53. The allegations contained in Paragraph 53 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 53 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 54. The allegations contained in Paragraph 54 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within 13 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 14 of 54 Paragraph 54 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 55. The allegations contained in Paragraph 55 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 55 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 56. PET SUPPLIES admits that it is a Michigan Corporation with its principal place of business in Michigan. PET SUPPLIES also admits that it is in the business of granting its franchises the right to operate retail pet food and supply stores under the trade name "Pet Supplies `Plus'" within the State of Florida which are independently owned and are registered and doing business in Florida. PET SUPPLIES denies each and every remaining allegation contained in Paragraph 56 of the Plaintiffs' Complaint. JURISDICTION AND VENUE 57. The allegations contained within Paragraph 57 of the Complaint state legal conclusions to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 57 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 58. The allegations contained in Paragraph 58 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 58 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof 14 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 15 of 54 thereof. 59. The allegations contained within Paragraph 59, including subparagraphs (a - g) of the Complaint state legal conclusions to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies each and every remaining allegation contained in Paragraph 59 of the Plaintiffs' Complaint. 60. The allegations contained within Paragraph 60 of the Complaint state legal conclusions to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies each and every remaining allegation contained in Paragraph 60 of the Plaintiffs' Complaint. FACTS GIVING RISE TO THE CLAIMS 61. The allegations contained in Paragraph 61 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 61 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 62. The allegations contained in Paragraph 62 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 62 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 63. With regard to the allegations directed to PET SUPPLIES in Paragraph 63 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 63 of 15 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 16 of 54 the Complaint, and therefore denies each and every such allegation. 64. With regard to the allegations directed to PET SUPPLIES in Paragraph 64 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 64 of the Complaint, and therefore denies each and every such allegation. 65. The allegations contained in Paragraph 65 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 65 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 66. With regard to the allegations directed to PET SUPPLIES in Paragraph 66 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 66 of the Complaint, and therefore denies each and every such allegation. The Defendants' deliberately "Humanize" Pet Food to Obtain Greater Market Share and even more Staggering Profits 67. With regard to the allegations directed to PET SUPPLIES in Paragraph 67 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 66 of the Complaint, and therefore denies each and every such allegation. The Defendants' Marketing of Commercial Pet Food Misleads the Plaintiffs and Consumers 68. With regard to the allegations directed to PET SUPPLIES in Paragraph 68 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks 16 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 17 of 54 sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 68 of the Complaint, and therefore denies each and every such allegation. 69. The allegations contained in Paragraph 69 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 69 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 70. With regard to the allegations directed to PET SUPPLIES in Paragraph 70 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 70 of the Complaint, and therefore denies each and every such allegation. 71. With regard to the allegations directed to PET SUPPLIES in Paragraph 71 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 71 of the Complaint, and therefore denies each and every such a7llegation. Mars' "Good Life Recipe"TM 72. The allegations contained in Paragraph 72 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 72 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 73. The allegations contained in Paragraph 73 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, 17 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 18 of 54 it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 73 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Mars' Pedigree� 74. The allegations contained in Paragraph 74 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 74 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. P&G's IamsTM 75. The allegations contained in Paragraph 75 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 75 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 76. The allegations contained in Paragraph 76 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 76 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Colgate's and Hills' Science Diet� 77. The allegations contained in Paragraph 77 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, 18 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 19 of 54 it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 77 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 78. The allegations contained in Paragraph 78 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 78 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 79. The allegations contained in Paragraph 79 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 79 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Del Monte's 9Lives� 80. The allegations contained in Paragraph 80 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 80 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 19 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 20 of 54 Nestl�'s Beneful� 81. The allegations contained in Paragraph 81 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 81 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Nutro Natural Choice� Complete Care� Indoor Adult Cat 82. The allegations contained in Paragraph 82 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 82 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Natura Brand Pet Food 83. The allegations contained in Paragraph 83 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 83 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Petco's Marketing of the Defendants' Premium Pet Foods 84. The allegations contained in Paragraph 84 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within 20 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 21 of 54 Paragraph 84 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 85. The allegations contained in Paragraph 85 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 85 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Petsmart's Marketing of the Defendants' Premium Pet Foods 86. The allegations contained in Paragraph 86 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 86 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Pet Supermarket's and Pet Supplies' Marketing of the Defendants' Pet Foods 87. With regard to the allegations directed to PET SUPPLIES in Paragraph 87 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 87 of the Complaint, and therefore denies each and every such allegation. Retailers Marketing of the Defendants' Pet Food 88. The allegations contained in Paragraph 88 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within 21 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 22 of 54 Paragraph 88 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. "Premium" Pet Food is made by the same co-packer of non-premium pet food 89. The allegations contained in Paragraph 89 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 89 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 90. The allegations contained in Paragraph 90 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 90 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. The Defendants Profit by Recycling the Inedible Garbage of their Human Food Businesses into Commercial Pet Food 91. With regard to the allegations directed to PET SUPPLIES in Paragraph 91 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 91 of the Complaint, and therefore denies each and every such allegation. 92. With regard to the allegations directed to PET SUPPLIES in Paragraph 92 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 92 of the Complaint, and therefore denies each and every such allegation. 22 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 23 of 54 93. With regard to the allegations directed to PET SUPPLIES in Paragraph 93 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 93 of the Complaint, and therefore denies each and every such allegation. 94. With regard to the allegations directed to PET SUPPLIES in Paragraph 94 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 94 of the Complaint, and therefore denies each and every such allegation. 95. With regard to the allegations directed to PET SUPPLIES in Paragraph 95 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 95 of the Complaint, and therefore denies each and every such allegation. 96. With regard to the allegations directed to PET SUPPLIES in Paragraph 96 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 96 of the Complaint, and therefore denies each and every such allegation. 97. With regard to the allegations directed to PET SUPPLIES in Paragraph 97 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 97 of the Complaint, and therefore denies each and every such allegation. 98. With regard to the allegations directed to PET SUPPLIES in Paragraph 98 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks 23 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 24 of 54 sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 98 of the Complaint, and therefore denies each and every such allegation. 99. PET SUPPLIES denies each and every allegation contained in Paragraph 99 of the Plaintiffs' Complaint and strict proof is demanded thereof. Chemical Preservatives and Contaminants 100. The allegations contained in Paragraph 100 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 100 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 101. The allegations contained in Paragraph 101 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 101 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 102. The allegations contained in Paragraph 102 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 102 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Numerous Serious Toxic Pet Food Recalls Demonstrate that the Defendants Do Not Properly Test, Monitor or otherwise Verify Pet Food Contents that are Marketed as "Healthy, Wholesome and Nutritious" 24 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 25 of 54 103. The allegations contained in Paragraph 103 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 103 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. Nutrition-Related Diseases 104. With regard to the allegations directed to PET SUPPLIES in Paragraph 104 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 104 of the Complaint, and therefore denies each and every such allegation. 105. PET SUPPLIES denies each and every allegation contained in Paragraph 105 of the Plaintiffs' Complaint and strict proof is demanded thereof. 106. The allegations contained in Paragraph 106 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 106 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 107. PET SUPPLIES is without sufficient knowledge or information to admit or deny those allegations contained within Paragraph 107 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 25 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 26 of 54 108. PET SUPPLIES is without sufficient knowledge or information to admit or deny those allegations contained within Paragraph 108 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 109. PET SUPPLIES denies each and every allegation contained in Paragraph 109 of the Plaintiffs' Complaint and strict proof is demanded thereof. Joinder of the Defendants 110. With regard to the allegations directed to PET SUPPLIES in Paragraph 110 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 110 of the Complaint, and therefore denies each and every such allegation. CLASS ACTION ALLEGATIONS Plaintiffs' Class Action 111. PET SUPPLIES admits generally that Plaintiffs have initiated a purported class action. PET SUPPLIES denies each and every remaining allegation contained in Paragraph 111 of the Plaintiffs' Complaint and strict proof is demanded thereof. Injunctive Relief 112. PET SUPPLIES denies each and every allegation contained in Paragraph 112 of the Plaintiffs' Complaint and strict proof is demanded thereof. Numerosity 113. PET SUPPLIES denies each and every allegation contained in Paragraph 113 of the Plaintiffs' Complaint and strict proof is demanded thereof. 26 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 27 of 54 Commonality 114. PET SUPPLIES denies each and every allegation contained in Paragraph 114 including subparagraphs (a - n) of the Plaintiffs' Complaint and strict proof is demanded thereof. Typicality 115. PET SUPPLIES denies each and every allegation contained in Paragraph 115 of the Plaintiffs' Complaint and strict proof is demanded thereof. Adequacy 116. PET SUPPLIES denies each and every allegation contained in Paragraph 116 of the Plaintiffs' Complaint and strict proof is demanded thereof. Predominance and Superiority 117. PET SUPPLIES denies each and every allegation contained in Paragraph 117 of the Plaintiffs' Complaint and strict proof is demanded thereof. 118. PET SUPPLIES denies each and every allegation contained in Paragraph 118 including subparagraphs (a - h) of the Plaintiffs' Complaint and strict proof is demanded thereof. Defendant Class 119. PET SUPPLIES denies each and every allegation contained in Paragraph 119 including subparagraphs (A - B) of the Plaintiffs' Complaint and strict proof is demanded thereof. Numerosity 120. PET SUPPLIES denies each and every allegation contained in Paragraph 120 of the Plaintiffs' Complaint and strict proof is demanded thereof. Commonality 121. PET SUPPLIES denies each and every allegation contained in Paragraph 121 27 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 28 of 54 including subparagraphs (a - q) of the Plaintiffs' Complaint and strict proof is demanded thereof. Typicality 122. PET SUPPLIES denies each and every allegation contained in Paragraph 122 of the Plaintiffs' Complaint and strict proof is demanded thereof. Adequacy 123. PET SUPPLIES denies each and every allegation contained in Paragraph 123 of the Plaintiffs' Complaint and strict proof is demanded thereof. Predominance and Superiority 124. PET SUPPLIES denies each and every allegation contained in Paragraph 124 of the Plaintiffs' Complaint and strict proof is demanded thereof. 125. PET SUPPLIES denies each and every allegation contained in Paragraph 125 including subparagraphs (a - h) of the Plaintiffs' Complaint and strict proof is demanded thereof. COUNT I Fraudulent Misrepresentation and Concealment As to All Defendants 126. In response to each and every allegation contained in Paragraph 126, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 125 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state fraudulent misrepresentation and concealment laws of the various states where the Plaintiff Class members reside" in footnote no. 8 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 28 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 29 of 54 127. With regard to the allegations directed to PET SUPPLIES in Paragraph 127 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 127 of the Complaint, and therefore denies each and every such allegation. 128. With regard to the allegations directed to PET SUPPLIES in Paragraph 128 of the Plaintiffs' Complaint, PET SUPPLIES denies each and every such allegation. PET SUPPLIES lacks sufficient knowledge or information to admit or deny the remaining allegations in Paragraph 128 of the Complaint, and therefore denies each and every such allegation. 129. PET SUPPLIES denies each and every allegation contained in Paragraph 129 including subparagraphs (a - f) of the Plaintiffs' Complaint and strict proof is demanded thereof. 130. PET SUPPLIES denies each and every allegation contained in Paragraph 130 of the Plaintiffs' Complaint and strict proof is demanded thereof. 131. PET SUPPLIES denies each and every allegation contained in Paragraph 131 of the Plaintiffs' Complaint and strict proof is demanded thereof. 132. The allegations contained in Paragraph 132 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 132 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 133. PET SUPPLIES denies each and every allegation contained in Paragraph 133 of the Plaintiffs' Complaint and strict proof is demanded thereof. 134. PET SUPPLIES denies each and every allegation contained in Paragraph 134 including subparagraphs (a - e) of the Plaintiffs' Complaint and strict proof is demanded thereof. 29 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 30 of 54 COUNT II Negligent Misrepresentation As to All Defendants 135. In response to each and every allegation contained in Paragraph 135, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 134 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state negligent misrepresentation laws of the various states where the Plaintiff Class members reside" in footnote no. 9 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 136. PET SUPPLIES denies each and every allegation contained in Paragraph 136 of the Plaintiffs' Complaint and strict proof is demanded thereof. 137. PET SUPPLIES denies each and every allegation contained in Paragraph 137 of the Plaintiffs' Complaint and strict proof is demanded thereof. 138. PET SUPPLIES denies each and every allegation contained in Paragraph 138 of the Plaintiffs' Complaint and strict proof is demanded thereof. 139. PET SUPPLIES denies each and every allegation contained in Paragraph 139 of the Plaintiffs' Complaint and strict proof is demanded thereof. 140. PET SUPPLIES denies each and every allegation contained in Paragraph 140 of the Plaintiffs' Complaint and strict proof is demanded thereof. 141. PET SUPPLIES denies each and every allegation contained in Paragraph 141 of the Plaintiffs' Complaint and strict proof is demanded thereof. 142. PET SUPPLIES denies each and every allegation contained in Paragraph 142 of the 30 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 31 of 54 Plaintiffs' Complaint and strict proof is demanded thereof. 143. PET SUPPLIES denies each and every allegation contained in Paragraph 143 of the Plaintiffs' Complaint and strict proof is demanded thereof. COUNT III Violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. � 501.201 As to All Defendants 144. In response to each and every allegation contained in Paragraph 144, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 143 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state deceptive trade practices laws of the various states where the Plaintiff Class members reside" in footnote no. 10 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 145. PET SUPPLIES denies each and every allegation contained in Paragraph 145 of the Plaintiffs' Complaint and strict proof is demanded thereof. 146. PET SUPPLIES denies each and every allegation contained in Paragraph 146 of the Plaintiffs' Complaint and strict proof is demanded thereof. 147. PET SUPPLIES denies each and every allegation contained in Paragraph 147 of the Plaintiffs' Complaint and strict proof is demanded thereof. 148. PET SUPPLIES denies each and every allegation contained in Paragraph 148 of the Plaintiffs' Complaint and strict proof is demanded thereof. 149. PET SUPPLIES denies each and every allegation contained in Paragraph 149 of the Plaintiffs' Complaint and strict proof is demanded thereof. 31 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 32 of 54 150. PET SUPPLIES denies each and every allegation contained in Paragraph 150 of the Plaintiffs' Complaint and strict proof is demanded thereof. 151. PET SUPPLIES denies each and every allegation contained in Paragraph 151 of the Plaintiffs' Complaint and strict proof is demanded thereof. 152. PET SUPPLIES denies each and every allegation contained in Paragraph 152 (including footnote no. 11) of the Plaintiffs' Complaint and strict proof is demanded thereof. 153. PET SUPPLIES denies each and every allegation contained in Paragraph 153 of the Plaintiffs' Complaint and strict proof is demanded thereof. 154. PET SUPPLIES denies each and every allegation contained in Paragraph 154 including subparagraphs (a - e2) of the Plaintiffs' Complaint and strict proof is demanded thereof. COUNT IV Negligence As to Defendant Manufacturers and Co-Packers and PetSmart 155. In response to each and every allegation contained in Paragraph 155, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 154 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state negligence laws of the various states where the Plaintiff Class members reside" in footnote no. 12 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 156. The allegations contained in Paragraph 156 of the Plaintiffs' Complaint are not Paragraph 154 of the Plaintiffs' Complaint contains subparagraphs which have be incorrectly id e n tif ie d with duplicate letters "d." For purposes of PET SUPPLIES' Answer herein, Plaintiffs' s u b p a r a g r a p h s have been re-lettered as (a ) through (e). 2 32 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 33 of 54 directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 156 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 157. The allegations contained in Paragraph 157 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 157 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 158. The allegations contained in Paragraph 158 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 158 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 159. The allegations contained in Paragraph 159 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 159 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. 160. The allegations contained in Paragraph 160 of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 160 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof 33 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 34 of 54 thereof. 161. The allegations contained in Paragraph 161 including subparagraphs (a - c) of the Plaintiffs' Complaint are not directed to PET SUPPLIES. To the extent that a response is deemed required by PET SUPPLIES, it lacks sufficient knowledge or information to admit or deny those allegations contained within Paragraph 161 of the Plaintiffs' Complaint, and therefore denies same and demands strict proof thereof. COUNT V Strict Liability As To All Defendants 162. In response to each and every allegation contained in Paragraph 162, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 161 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state strict liability laws of the various states where the Plaintiff Class members reside" in footnote no. 13 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 163. PET SUPPLIES denies each and every allegation contained in Paragraph 163 of the Plaintiffs' Complaint and strict proof is demanded thereof. 164. PET SUPPLIES denies each and every allegation contained in Paragraph 164 of the Plaintiffs' Complaint and strict proof is demanded thereof. 165. PET SUPPLIES denies each and every allegation contained in Paragraph 165 including subparagraphs (a - c) of the Plaintiffs' Complaint and strict proof is demanded thereof. 34 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 35 of 54 COUNT VI Breach of Implied Warranty as to Retailers and Pet Specialty Retailers 166. In response to each and every allegation contained in Paragraph 166, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 165 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state breach of warranty laws of the various states where the Plaintiff Class members reside" in footnote no. 14 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 167. PET SUPPLIES denies each and every allegation contained in Paragraph 167 of the Plaintiffs' Complaint and strict proof is demanded thereof. 168. PET SUPPLIES denies each and every allegation contained in Paragraph 168 of the Plaintiffs' Complaint and strict proof is demanded thereof. 169. PET SUPPLIES denies each and every allegation contained in Paragraph 169 of the Plaintiffs' Complaint and strict proof is demanded thereof. 170. PET SUPPLIES denies each and every allegation contained in Paragraph 170 of the Plaintiffs' Complaint and strict proof is demanded thereof. 171. PET SUPPLIES denies each and every allegation contained in Paragraph 171 of the Plaintiffs' Complaint and strict proof is demanded thereof. 172. PET SUPPLIES denies each and every allegation contained in Paragraph 172 of the Plaintiffs' Complaint and strict proof is demanded thereof. 173. PET SUPPLIES denies each and every allegation contained in Paragraph 173 35 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 36 of 54 including subparagraphs (a - c) of the Plaintiffs' Complaint and strict proof is demanded thereof. COUNT VII Breach of Express Warranty As to All Defendants 174. In response to each and every allegation contained in Paragraph 174, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 173 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state breach of express warranty laws of the various states where the Plaintiff Class members reside" in footnote no. 15 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 175. PET SUPPLIES denies each and every allegation contained in Paragraph 175 of the Plaintiffs' Complaint and strict proof is demanded thereof. 176. PET SUPPLIES denies each and every allegation contained in Paragraph 176 of the Plaintiffs' Complaint and strict proof is demanded thereof. 177. PET SUPPLIES denies each and every allegation contained in Paragraph 177 of the Plaintiffs' Complaint and strict proof is demanded thereof. 178. PET SUPPLIES denies each and every allegation contained in Paragraph 178 of the Plaintiffs' Complaint and strict proof is demanded thereof. 179. PET SUPPLIES denies each and every allegation contained in Paragraph 179 including subparagraphs (a - c) of the Plaintiffs' Complaint and strict proof is demanded thereof. 36 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 37 of 54 COUNT VIII Unjust Enrichment As to All Defendants 180. In response to each and every allegation contained in Paragraph 180, PET SUPPLIES, realleges and reavers its responses as set forth in paragraphs 1 through 179 above as if fully set forth herein. By way of further response, Plaintiffs' incorporation of allegations under "other state unjust enrichment laws of the various states where the Class members reside" in footnote no. 16 of the Plaintiffs' Complaint is improper, and represents a conclusion of law to which no response is required. To the extent that a response is deemed required by PET SUPPLIES, it denies same and demands strict proof thereof. 181. PET SUPPLIES denies each and every allegation contained in Paragraph 181 of the Plaintiffs' Complaint and strict proof is demanded thereof. 182. PET SUPPLIES denies each and every allegation contained in Paragraph 182 of the Plaintiffs' Complaint and strict proof is demanded thereof. 183. PET SUPPLIES denies each and every allegation contained in Paragraph 183 of the Plaintiffs' Complaint and strict proof is demanded thereof. 184. PET SUPPLIES denies each and every allegation contained in Paragraph 184 of the Plaintiffs' Complaint and strict proof is demanded thereof. 185. PET SUPPLIES denies each and every allegation contained in Paragraph 185 of the Plaintiffs' Complaint and strict proof is demanded thereof. 186. PET SUPPLIES denies each and every allegation contained in Paragraph 186 of the Plaintiffs' Complaint and strict proof is demanded thereof. 37 Case 1:07-cv-21221-CMA Document 378 Entered on FLSD Docket 05/12/2008 Page 38 of 54 187. PET SUPPLIES denies each and every allegation contained in Paragraph 187 of the Plaintiffs' Complaint and strict proof is demanded thereof. 188. PET SUPPLIES denies each and every allegation contained in Paragraph 188 of the Plaintiffs' Complaint and strict proof is demanded thereof. PET SUPPLIES further denies each and every allegation contained wi

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