Ferrari et al v. Mercedes-Benz USA, LLC et al

Filing 62

ORDER by Judge Yvonne Gonzalez Rogers granting with leave to amend 54 Motion to Dismiss ; granting with leave to amend 55 Motion to Dismiss. (fs, COURT STAFF) (Filed on 5/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE FERRARI, ET AL.,

Case No. 15-cv-04379-YGR

Plaintiffs,
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ORDER GRANTING MOTIONS TO DISMISS
FIRST AMENDED COMPLAINT WITH LEAVE
TO AMEND

v.
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MERCEDES-BENZ USA, LLC, ET AL.,

Dkt Nos. 54 and 55

Defendants.
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Plaintiffs Steve Ferrari, et al. (“Plaintiffs”) bring the instant putative class action against

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United States District Court
Northern District of California

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Defendants Mercedes-Benz USA, LLC, Autobahn, Inc., David Ahlheim, and Sonic Automotive

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Inc., alleging claims for: (1) violation of 18 U.S.C. sections 1961 et seq., the Racketeer Influenced

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and Corrupt Organizations Act (“RICO”); California Business & Professions Code section 17500,

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the False Advertising Law (“FAL”); intentional misrepresentation; fraudulent concealment;

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negligent misrepresentation; violation of California Business & Professions Code section 17200,

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the Unfair Competition Law (“UCL”); and negligence. Defendants Autobahn, Inc., David

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Ahlheim, and Sonic Automotive Inc. (collectively, “Autobahn”) filed their Motion to Dismiss the

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First Amended Complaint (Dkt. No. 54). Defendant Mercedes-Benz USA, LLC separately filed

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its Motion to Dismiss to Dismiss the First Amended Complaint. (Dkt. No. 55.)

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Having carefully considered the papers submitted and the amended pleading in this action,

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and for the reasons stated on the record at the May 10, 2016 hearing, the Court hereby GRANTS the

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motions WITH LEAVE TO AMEND. Plaintiffs shall file their Second Amended Complaint

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consistent with the Court’s statements on the record no later than May 31, 2016. Defendants shall

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respond within 21 days thereafter.

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IT IS SO ORDERED.

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Dated: May 10, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE