Cosio v. Vitaquest International, LLC et al
| J. Rafael Cosio |
| Garden State Nutritionals Inc. and Vitaquest International, LLC |
| 1:2014cv04474 |
| July 25, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Cheryl L. Pollak |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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Filing
49
MEMORANDUM & ORDER granting in part defendants' 37 Motion for Summary Judgment: The Court denies defendants' consolidated summary judgment motion to dismiss the plaintiff's claims for lack of Article III standing for failure to estab lish a cognizable "injury in fact." A reasonable juror could find that Cosio purchased E-BOOST powder packets in 2011, and the E-BOOST powder packets are sufficiently similar to the E-BOOST dissolvable tablets and liquid shots to establish Cosio's standing at this stage of the case for those admittedly unpurchased products. However, the Court dismisses plaintiff's claims under the consumer protection laws of New Jersey and New York in both cases, because Cosio allegedly purchased E-BOOST products only in his home state of California. Ordered by Judge Raymond J. Dearie on 8/24/2015. (Chee, Alvin)
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