Peacock

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRENDAN PEACOCK, No. 2:18-cv-00568 DJC CKD 12 Plaintiff, 13 v. ORDER 14 PABST BREWING CO., LLC, 15 Defendants. 16 17 Plaintiff Brendan Peacock brought this action alleging that Defendant misled 18 Plaintiff and others by marketing and selling “The Original Olympia Beer” as using 19 naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, 20 Washington) despite the product being brewed elsewhere in the country using lower 21 quality water and brewing methods. Defendant now brings a motion for summary 22 judgment arguing that Plaintiff has failed to present evidence that Defendant’s 23 marketing of the product was likely to deceive a reasonable consumer, Defendant has 24 brought evidence that the product’s label was, in fact, not likely to deceive a 25 reasonable consumer, and Plaintiff has not provided evidence to support restitution 26 damages. For the reasons stated below, the Court grants Defendant’s motion for 27 summary…