Anthony Moreno v. Vi-Jon, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 11 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

ANTHONY MORENO, individually, and on No. 23-55631 behalf of others similarly situated, D.C. No. Plaintiff-Appellant, 3:20-cv-01446-JM-BGS

v.

MEMORANDUM*

VI-JON, LLC,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Argued and Submitted June 12, 2024 Pasadena, California

Before: W. FLETCHER, CHRISTEN, and VANDYKE, Circuit Judges. Dissent by Judge VANDYKE.

Anthony Moreno appeals the district court’s order dismissing Moreno’s

Fourth Amended Complaint (FAC) in this putative class action brought against Vi-

Jon, the manufacturer of several common hand sanitizers sold in retail stores. The

district court previously dismissed Moreno’s Second Amended Complaint, and we

reversed with instructions for the district court to permit Moreno to further amend

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.…