Clark v. Citizens of Humanity, LLC

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT

Presently before the Court is Defendants Citizens of Humanity, LLC and Macy’s, Inc.’s (“Defendants”) Motion to Dismiss First Amended Complaint (“MTD”). (ECF No. 23.) On January 14, 2015, Defendant BOP, LLC filed a Notice of Joinder joining the instant MTD. (ECF No. 35.) Also before the Court is Plaintiffs Louise Clark and Robyn Marnell’s (“Plaintiffs”) Response in Opposition to (ECF Ño. 31) and Defendants’ Reply in 'Support of (ECF No. 34) the MTD. A hearing on the Motion to Dismiss was held on January 22, 2015. Having considered the parties arguments and the law, the Court DENIES Defendant’s Motion to Dismiss.

BACKGROUND

In April 2014, Plaintiff Robyn Marnell purchased jeans manufactured and sold by Defendant Citizens of Humanity from De *1202 fendant BOP, LLC. (FAC 7, 1 ECF No. 18.) In May 2014, Plaintiff Louise Clark purchased jeans manufactured and sold by Defendant Citizens of Humanity from Defendant Macy’s, Inc.' (Id.) The jeans purchased by both plaintiffs were “marked with a ‘Made in the U.S.A.’ country of origin designation when the product[s] actually contain[] component parts made outside of the…