Legal Opinion
Bautista v. Cytosport, Inc.
District Court, S.D. New York
Decided December 12, 2016No. 15-CV-9081 (CS)PublishedCited by 22 opinions
1Opinion of the Court
OPINION AND ORDER
Seibel, District Judge.
Before the Court is Defendant’s Motion to Dismiss Plaintiffs Second Amended Complaint. (Doc. 32.) For the following reasons, the motion is GRANTED.
I. Background
A. Facts
For purposes of this motion, the Court accepts as true the facts, but not the conclusions, alleged by Plaintiff in the Second Amended Complaint (“SAC”), (Doc. 31). In or about October 2015, at a CVS in Bardo-nia, New York, Plaintiff purchased a vanilla-flavored Muscle Milk protein powder manufactured by Defendant CytoSport for approximately $28.00. (SAC ¶¶ 14, 15.) Plaintiff expected the…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Daniel v. Mondelez Int'l, Inc.District Court, E.D. New York · 2018
- Parks v. Ainsworth Pet Nutrition, LLCDistrict Court, S.D. Illinois · 2019
- Holve v. MccormickDistrict Court, W.D. New York · 2018
- Benson v. Fannie May Confections Brands, Inc.District Court, N.D. Illinois · 2018
- Benson v. Fannie May Confections Brands, Inc.District Court, N.D. Illinois · 2018
17 more not listed; retrieve them via the Exa API.