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SALAZAR v. HONEST TEA, INC.

No. 2:13-cv-02318-KJM-EFB.

SARAH A. SALAZAR, individually and on behalf of all others similarly situated, Plaintiff, v. HONEST TEA, INC., Defendant.

United States District Court, E.D. California.

January 6, 2015.

Attorney(s) appearing for the Case

Sarah A. Salazar, Plaintiff, represented by Annick Marie Persinger , Bursor & Fisher, P.A., Yeremey Olegovich Krivoshey , Bursor & Fisher, P.A. & Lawrence Timothy Fisher , Bursor and Fisher, PA.

Honest Tea, Inc., Defendant, represented by Steven A Zalesin , Patterson Belknap Webb & Tyler LLP, Tammy Beth Webb , Shook, Hardy & Bacon, LLP & Travis J Tu , Patterson Belknap Webb & Tyler LLP.

ORDER

KIMBERLY J. MUELLER, District Judge.

This matter is before the court on the motion by defendant Honest Tea, Inc. to dismiss plaintiff's First Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (Def.'s Mot. to Dismiss, ECF No. 35.) Plaintiff Sarah A. Salazar opposes the motion. (Pl.'s Opp'n, ECF No. 37.) The court decided the matter without a hearing. As explained below, the court DENIES defendant's motion.

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