Mandel Tobacco Company, Inc. v. The Hershey Company et al

Filing 16

MEMORANDUM AND ORDER (re: multiple motions to dismiss: It is hereby ORDERED that: 1. The motions to dismiss 471, 473 & 474 pursuant to Rule 12(b)(2) by Mars Canada, Nestle SA & Nestle Canada are GRANTED.; 2. Motion to dismiss 466 pursuant to Rule 12( b)(2) by Cadbury plc & Cadbury Holdings DENIED.; 3. Motion to dismiss 469 amended complaints of indirect end users & indirect purchasers for resale pursuant to Rule 12(b)(6) DENIED in part & DENIED as MOOT in part as follows... (see Paras 3a & 3b for specifics).; 4. Motion to dismiss 476 amended complaints of direct purchasers & individual pltfs pursuant to Rule 12(b)(6) DENIED in part & DENIED as MOOT in part as follows... (see Paras 4a & 4b for specifics).; 5. Motion to dismiss 464 pursuant to Rule 12(b)(6) filed by Cadbury plc & Cadbury Holdings DENIED. (See memo & order for complete details.) Signed by Honorable Christopher C. Conner on 08/11/09. (jc)