Madison County Circuit Judge Dennis Ruth on Dec. 14 continued a case management conference until PepsiCo's motion to dismiss is heard in a lawsuit claiming a mouse was found in a can of Mountain Dew.

The defendant is granted 28 days or until Jan. 11 to answer or otherwise plead the plaintiff's second amended complaint.

A trial had been set to begin Nov. 28, but was vacated in an order signed by Ruth on Nov. 10.

A second amended complaint was filed Nov. 21.

Plaintiff Ronald Ball claims that after opening and beginning to drink soda he purchased from a vending machine at work, he tasted something foul. He claims he spat out the soda to reveal a dead mouse.

The case was filed in 2009.

Earlier this year, Ruth had ordered parties to complete taking depositions before the start of September.

Ball claims he sent the mouse to Pepsi, which destroyed the mouse body.

Ball is seeking damages in excess of $50,000 and other relief.

Pepsi denies Ball's claims, and has moved to dismiss the case.

In support of that move, Pepsi cited expert testimony that the mouse would have dissolved in the soda had it been in the can from the time of its bottling until the day the plaintiff drank it.

Thomas Keefe Jr. and Samantha Unsell represent Ball.

Steven E. Danekas and Cassiday Schade represent PepsiCo.

Madison County case number 09-L-440.

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