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Davey v. PK Benelux B.V.

Jurisdictional Discovery Permitted in Suit Claiming Dutch Firm Misrepresented CBD Capsules

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Jon-Michael Davey, Plaintiff v. PK Benelux B.V. d/b/a/ Lucovitaal; and “Doe” Corporation, said name being fictitious as the unknown, corporate entity acting in concert with the known Defendant, Defendants.1 MEMORANDUM OPINION AND ORDER Plaintiff commenced this action against defendant PK Benelux B.V. d/b/a Lucovitaal, alleging deceptive business practices, false advertising, violation of the federal Racketeer Influenced and Corrupt Organizations Act, negligence in manufacture and sale, strict products liability, and other common law causes of action. Now pending are defendant’s motion to dismiss pursuant to Rules 12(b)(2) and 12(b)(6) (Doc. #14), and plaintiff’s cross-motion for leave to conduct jurisdictional discovery (Doc. #27). For the reasons set forth below, defendant’s motion to dismiss is DENIED WITHOUT PREJUDICE, and plaintiff’s cross-motion for jurisdictional discovery is GRANTED. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§1331 and 1332. BACKGROUND The Court presumes the parties’ familiarity with the relevant facts and procedural history, except as recited herein. Plaintiff, a resident of Nyack, New York, alleges that, on two occasions, he purchased 40mg bottles of cannibidiol (“CBD”) capsules from defendant’s website. (Doc. #20 (“AC”)

4, 20). Defendant is a “corporate entity organized under the laws of the Netherlands,” and sells health products and nutritional supplements. (Doc. #14-1 (“Peters Decl.”) 3). The crux of plaintiff’s complaint is that defendant misrepresented that its CBD was “100 percent Pure CBD” because the product, in fact, contained detectable amounts of delta 9 terahydrocannibinol (“THC”), which is the psychoactive component found in marijuana and certain other CBD products. (AC

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