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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 STEVE FERRARI, ET AL., Case No. 15-cv-04379-YGR Plaintiffs, 6 ORDER GRANTING MOTIONS TO DISMISS FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND v. 7 8 MERCEDES-BENZ USA, LLC, ET AL., Dkt Nos. 54 and 55 Defendants. 9 Plaintiffs Steve Ferrari, et al. (“Plaintiffs”) bring the instant putative class action against 11 United States District Court Northern District of California 10 Defendants Mercedes-Benz USA, LLC, Autobahn, Inc., David Ahlheim, and Sonic Automotive 12 Inc., alleging claims for: (1) violation of 18 U.S.C. sections 1961 et seq., the Racketeer Influenced 13 and Corrupt Organizations Act (“RICO”); California Business & Professions Code section 17500, 14 the False Advertising Law (“FAL”); intentional misrepresentation; fraudulent concealment; 15 negligent misrepresentation; violation of California Business & Professions Code section 17200, 16 the Unfair Competition Law (“UCL”); and negligence. Defendants Autobahn, Inc., David 17 Ahlheim, and Sonic Automotive Inc. (collectively, “Autobahn”) filed their Motion to Dismiss the 18 First Amended Complaint (Dkt. No. 54). Defendant Mercedes-Benz USA, LLC separately filed 19 its Motion to Dismiss to Dismiss the First Amended Complaint. (Dkt. No. 55.) 20 Having carefully considered the papers submitted and the amended pleading in this action, 21 and for the reasons stated on the record at the May 10, 2016 hearing, the Court hereby GRANTS the 22 motions WITH LEAVE TO AMEND. Plaintiffs shall file their Second Amended Complaint 23 consistent with the Court’s statements on the record no later than May 31, 2016. Defendants shall 24 respond within 21 days thereafter. 25 IT IS SO ORDERED. 26 27 28 Dated: May 10, 2016 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE

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