Peacock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 BRENDAN PEACOCK, on behalf of No. 2:18-cv-00568-TLN-CKD himself and all others similarly situated,

ORDER Plaintiff, 13 v.

PABST BREWING COMPANY, LLC,

15 Defendant.

18 This matter is before the Court on Defendant Pabst Brewing Company, LLC’s 19 (“Defendant”) Motion to Dismiss. (ECF No. 31.) Plaintiff Brendan Peacock (“Plaintiff”) 20 opposes Defendant’s Motion. (ECF No. 33.) Defendant filed a reply. (ECF No. 35.) For the 21 reasons set forth below, the Court hereby DENIES Defendant’s Motion to Dismiss. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND Defendant, a Delaware limited liability company, owns Olympia Beer. (ECF No. 30 at 2.) Originally, the Olympia Brewing Company brewed Olympia Beer in Tumwater, Washington, which borders Olympia, Washington. (Id. at 3.) Defendant acquired the Olympia Brewing Company in 1999 and closed the Olympia brewery in 2003. (Id.) Defendant now contract-brews Olympia Beer at several mega-breweries…