Opinion
Civil Action 20-4934
02-28-2022
LAMARTINE PIERRE, JR. et al., Plaintiffs, v. HEALTHY BEVERAGE, LLC, Defendant.
ORDER
GERALD J. PAPPERT, J.
AND NOW, this 28th day of February 2022, upon consideration of Defendant Healthy Beverage's Motion to Dismiss (ECF 19), Plaintiffs' Response (ECF 20), Healthy Beverage's Reply (ECF 22) and the parties' briefing on supplemental authority (ECF 23-25, 27-28), it is ORDERED that, for the reasons stated in the Court's Memorandum:
1. Healthy Beverage's Motion is GRANTED in part. Plaintiffs lack standing to seek injunctive relief. Count II of the Amended Complaint is DISMISSED without prejudice under New York and Wisconsin law and Count XVI is DISMISSED without prejudice.
2. Healthy Beverage's Motion is DENIED in all other respects.
3. On or before Monday, March 14, 2022, Plaintiffs' may amend their Amended Complaint (ECF 15) to identify applicable state law for their nationwide unjust enrichment claim.