BLANE FRIEST, Individually and on ) ) Behalf of a Class of Similarly Situated Individuals, ) ) Civil Action No
Case 2:16-cv-03327-SDW-LDW Document 18 Filed 12/16/16 Page 1 of 24 PageID: 463 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ___________________________________ ) BLANE FRIEST, individually and on ) ) behalf of a class of similarly situated individuals, ) ) Civil Action No. 2:16-cv-03327-SDW-LDW Plaintiff, ) ) v. ) ) OPINION LUXOTTICA GROUP S.P.A.; ) LUXOTTICA USA, LLC; LUXOTTICA ) RETAIL NORTH AMERICA, INC.; THE ) UNITED STATES SHOE CORP. t/a ) December 16, 2016 LENSCRAFTERS; JOHN DOES 1-5; and ABC CORPS 6-10, ) Defendants. ___________________________________ WIGENTON, District Judge. ) Before this Court is the Motion to Dismiss, pursuant to Federal Rule of Civil Procedure ) 12(b)(6), of Defendants Luxottica Group S.p.A.; Luxottica USA, LLC; Luxottica Retail North America, Inc.; and The United States Shoe Corp. t/a LensCrafters (“LensCrafters”) (collectively “Defendants”). This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b). This Court, having considered the parties’ submissions, decides this matter without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons stated below, Defendants’ Motion is GRANTED. I. FACTUAL HISTORY Defendants are four companies, one of which, LensCrafters, operates 888 retail prescription eyewear stores throughout the United States, including thirty in New Jersey. (Compl. 1 Case 2:16-cv-03327-SDW-LDW Document 18 Filed 12/16/16 Page 2 of 24 PageID: 464 ¶¶ 12-16.)1 Plaintiff, Blane Friest (“Plaintiff”), a New Jersey resident, purchased prescription eyeglasses from Defendant LensCrafters at an unspecified location on approximately December 22, 2014.
[Show full text]