Munning
Munning v. Gap, Inc.
Opinion
Lead Opinion
Henderson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT
On January 9, 2017, Defendants filed a motion to dismiss Plaintiffs First Amended Complaint (“Mot.”) (ECF No. 44). Plaintiff timely opposed the motion (“Opp’n”) (ECF No. 47) and Defendants timely replied (“Reply”) (ECF No. 48). The Court heard oral arguments on the motion on February 13, 2017. After carefully considering the parties’ written and oral arguments, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion for the reasons set forth below.
I. BACKGROUND
The following factual allegations are taken from Plaintiffs First Amended Complaint (“FAC”), unless otherwise stated, and are therefore accepted as true for the purposes of this motion. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).
Defendants are for-profit entities that sell apparel and other personal items in retail stores and online. Plaintiff Laurie Munning is a citizen of New Jersey. In March 2016, Plaintiff purchased three clothing items from the Defendants’ websites: one pair of swim trunks from the Gap Factory retail website, and one dress and…