`
`BAKER DONELSON
`Sara M. Turner (pro hac vice)
`smturner@bakerdonelson.com
`1400 Wells Fargo Tower
`420 20th Street North, Suite 1400
`Birmingham, AL 35203
`Telephone: (205) 250-8316
`Facsimile: (205) 250-3716
`Kyle A. Diamantas (pro hac vice)
`kdiamantas@bakerdonelson.com
`200 South Orange Ave., Suite 2900
`Orlando, FL 32801
`Telephone: (407) 422-6600
`Facsimile: (407) 841-0325
`VENABLE LLP
`Angel A. Garganta (CA SBN 163957)
`AGarganta@venable.com
`Tyler Welti (CA SBN 257993)
`TGWelti@venable.com
`101 California Street, Suite 3800
`San Francisco, CA 94111
`Telephone: (415) 653-3750
`Facsimile: (415) 653-3755
`Attorneys for Defendant
`GLOBAL WIDGET, LLC d/b/a HEMP BOMBS
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF CALIFORNIA
`
`KENNETH GLASS, individually and on behalf of
`all others similarly situated,
`Plaintiff,
`
`v.
`GLOBAL WIDGET, LLC d/b/a HEMP BOMBS,
`Defendant.
`
`Case No.
`
`19-cv-01906-MCE-KJN
`
`DEFENDANT’S MOTION AND
`NOTICE OF MOTION TO
`DISMISS AND STRIKE OR, IN
`THE ALTERNATIVE, TO STAY
`
`Case No. 19-cv-01906-MCE-KJN
`MOTION AND NOTICE OF MOTION TO DISMISS AND STRIKE OR STAY
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`Case 2:19-cv-01906-MCE-KJN Document 22 Filed 01/29/20 Page 2 of 3
`
`NOTICE OF MOTION AND MOTION
`PLEASE TAKE NOTICE that on April 2, 2020, at 2:00 p.m. or as soon thereafter as the
`matter may be heard, in Courtroom 7, of the U.S. District Court for the Eastern District of California
`located at 501 I Street, Sacramento, CA 95814, Global Widget, LLC d/b/a Hemp Bombs will and
`hereby does move the Court to dismiss and strike or, in the alterative, to stay Plaintiffs Kenneth
`Glass’ First Amended Class Action Complaint with prejudice.
`Defendant files this motion pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6),
`and 12(f). Defendant respectfully requests that this Court: (1) dismiss Plaintiff’s Complaint based
`on Plaintiff’s lack of standing, preemption grounds, and pleading deficiencies; (2) dismiss or strike
`Plaintiff’s futile nationwide class claims and allegations, or, alternatively; (3) dismiss or stay this
`case pursuant to the primary jurisdiction doctrine pending imminent regulatory action by the United
`States Food and Drug Administration regarding hemp cannabidiol (“CBD”).
`The Motion is made following a conference of counsel pursuant to the Court’s standing
`order and is based on this Motion, the Memorandum of Points and Authorities, the accompanying
`Declaration, the pleadings and documents on file, and such other evidence and argument as may be
`presented at the hearing on this Motion.
`
`Dated: January 29, 2020
`
`By: /s/ Sara M. Turner
`Sara M. Turner
`Kyle A. Diamantas
`Angel A. Garganta
`Tyler Welti
`
`Attorneys for Defendant
`GLOBAL WIDGET, LLC d/b/a
`HEMP BOMBS
`
`Case No. 19-cv-01906-MCE-KJN
`MOTION AND NOTICE OF MOTION TO DISMISS AND STRIKE OR STAY
`
`2
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`Case 2:19-cv-01906-MCE-KJN Document 22 Filed 01/29/20 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`I hereby certify that on January 29, 2020, I electronically filed the foregoing with the Clerk
`of the Court via the CM/ECF system, which will send notification to the attorneys of record in this
`case.
`
`By: /s/ Sara M. Turner
`
`
`
`Sara M. Turner
`Kyle A. Diamantas
`Angel A. Garganta
`Tyler Welti
`
`Case No. 19-cv-01906-MCE-KJN
`MOTION AND NOTICE OF MOTION TO DISMISS AND STRIKE OR STAY
`
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`
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