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15-14139 - O'Hara v. Diageo North America, Inc. et al


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15-14139 - O'Hara v. Diageo North America, Inc. et al
March 29, 2018
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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 definJudge 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 on 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 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)