Pels

Pels v. Keurig Dr. Pepper, Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 7, 20193:19-cv-03052California2,910 words

Opinion

trial_court Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JOHN PELS, Case No. 19-cv-03052-SI

9 Plaintiff, ORDER RE: DEFENDANT'S MOTION 10 v. TO DISMISS

11 KEURIG DR. PEPPER, INC., Re: Dkt. No. 24 12 Defendant.

13 14 On October 17, 2019, the Court heard argument on the motion by defendant Keurig Dr. 15 Pepper, Inc. (“Keurig”) to dismiss this action with prejudice. Based on the papers submitted and 16 arguments made, the Court hereby GRANTS the motion to dismiss, with leave to amend. 17 18 BACKGROUND 19 Defendant Keurig owns a variety of beverage families, including Peñafiel water, which is 20 advertised and labeled as “mineral spring water,” the product at issue in this case. 21 On June 25, 2019 plaintiff John Pels filed an amended1 class-action complaint2 seeking to 22

23 1 Plaintiff filed an initial complaint on June 3, 2019 and an amended complaint on June 25, 2019. Dkt. No. 1. The amended complaint was filed in light of Keurig’s June 21, 2019 press release…

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