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14-2956 - Ferrari v. Best Buy Co., Inc. et al


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14-2956 - Ferrari v. Best Buy Co., Inc. et al
March 18, 2015
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REPORT AND RECOMMENDATION re 16 MOTION to Dismiss/General. Objections to R&R due by 4/1/2015. Signed by Magistrate Judge Franklin L. Noel on 03/13/2015. (lmb)
May 12, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48. IT IS HEREBY ORDERED: 1. To the extent Best Buy seeks to dismiss Plaintiff's claims under the Minnesota Unfair Trade Practices Act, the Minnesota Prevention of Consumer Fraud Act, and the Minnesota Uniform Deceptive Trade Practices Act (Plaintiff's First Cause of Action), the motion is GRANTED and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE for lack of standing. 2. To the extent Best Buy seeks to dismiss all of Plaintiff's claims for products he did not purchase and advertising he did not see, the motion is GRANTED and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE for lack of standing. Specifically, Plaintiff's claims are limited to televisions with the model number NS-65D260A13 and for advertising and marketing on the television box itself. 3. To the extent Best Buy seeks to dismiss Plaintiff's claim for injunctive relief, the motion is DENIED. 4. To the extent Best Buy seeks to dismiss Plaintiff's claims for failure to adequately plead allegations of fraud, the motion is DENIED. 5. To the extent Best Buy seeks to dismiss Plaintiff's claims for failing to plausibly allege a price premium injury, the motion is DENIED 16. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/12/15. (GRR)
September 28, 2016
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MEMORANDUM OPINION AND ORDER. 1. Plaintiff Rick Ferrari's Motion to Dismiss With Prejudice Pursuant to Rule 41(a)(2) (Doc. No. 88) is GRANTED. 2. Plaintiff Rick Ferrari's Amended Complaint (Doc. No. 34) is DISMISSED WITH PREJUDICE. (Written Opinion) Signed by Judge Donovan W. Frank on 9/28/2016.(BJS)