O'Hara v. Diageo North America, Inc. et al
| Kieran O'Hara |
| Diageo North America, Inc. and Diageo-Guinness, USA, Inc. |
| 1:2015cv14139 |
| December 15, 2015 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Mark L. Wolf |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
60
Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Plaintiff's Motion for Reconsideration (Docket No. 44) is ALLOWED. 2. Plaintiff's Motion to Amend the First Amended Complaint (Docket No. 46) is ALLOWED with respect to the defend ant's name in the case caption and amendments to the class definition. It is DENIED without prejudice with respect to the addition of a new Chapter 93A claim relating to the Tariff Act, 19 C.F.R. §134.46, and 21 C.F.R. §101.18. If plai ntiff wishes to renew his motion to amend, he shall do so by April 19, 2019. 3. Plaintiff shall, by April 19, 2019, file a Second Amended Complaint that is consistent with the decisions in this Memorandum and Order. Defendants shall respond by May 6, 2019. 4. The Joint Motion to Amend Scheduling Order Deadlines (Docket No. 59) is DENIED without prejudice. The parties shall confer and file, jointly if possible, a proposed new schedule by May 6, 2019. 5. A scheduling conference shall be held on Ma y 9, 2019, at 3:00 p.m. The plaintiff and a representative of defendants with full settlement authority shall attend." MEMORANDUM AND ORDER entered granting 44 Motion for Reconsideration ; granting in part and denying in part 46 Motion to Amend; denying 59 Motion for Extension of Time (Attachments: # 1 Ex. 1, # 2 Ex. 2) (Bono, Christine)
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Filing
35
Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Plaintiff's Motion to Strike (Docket No. 22) is DENIED. 2. Defendants' Motion to Dismiss (Docket No. 17) is DENIED as to Count I, alleging misrepresentation, and as to Counts III and IV to the extent that they allege that statements on defendants' website violated Mass. Gen. Laws Chapter 93A. The Motion to Dismiss is ALLOWED as to Count II, with respect to Counts III and IV to the extent that they allege the statements o n Extra Stout's bottle and carton labels violate Chapter 93A, and as to the remaining counts in their entirety. The prayers for injunctive and declaratory relief are also DISMISSED. 3. A scheduling conference shall be held on April 18, 2018, at 3:00 p.m. The parties shall, in the Joint Statement required under Rule 16.1(d) of the Local Rules for the United States District Court for the District of Massachusetts, state whether they have reached an agreement concerning whether the class defin ition should be amended prior to discovery, and if so, how it should be amended. If they have not reached an agreement, they shall explain their respective positions." MEMORANDUM AND ORDER entered granting in part and denying in part 17 Motion to Dismiss; denying 22 Motion to Strike (Attachments: # 1 NOTICE OF SCHEDULING CONFERENCE) (Bono, Christine)
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