Dumas et al v. Diageo plc et al
| Aaron Dumas and Eugene Buner |
| Diageo plc and Diageo-Guinness USA Inc. |
| 3:2015cv01681 |
| July 29, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Barbara Lynn Major |
| Barry Ted Moskowitz |
| Other Personal Injury |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
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Filing
42
ORDER granting 21 Motion to Dismiss, and Plaintiffs' Complaint is Dismissed. Plaintiffs cannot state a claim for deception or misrepresentation based on the Red Stripe bottle labels or packaging for the 12-packs or 6-packs. However, the Cour t will grant Plaintiffs leave to amend the Complaint to assert claims based on other facts. If Plaintiffs choose to amend their Complaint, they must file their amended complaint within 15 days of the filing of this Order. Signed by Judge Barry Ted Moskowitz on 4/6/2016. (rlu)
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