Ann Kenney v. Fruit of the Earth, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 25 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANN KENNEY, individually and on behalf No. 23-55583 of all others similarly situated, D.C. No. Plaintiff-Appellant, 3:21-cv-01016-JO-MSB

v.

MEMORANDUM*

FRUIT OF THE EARTH, INC.; CVS

PHARMACY, INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Jinsook Ohta, District Judge, Presiding

Argued and Submitted October 9, 2024 Pasadena, California

Before: NGUYEN and HURWITZ, Circuit Judges, and EZRA,** District Judge.

Ann Kenney appeals the district court’s order granting summary judgment

on her equitable claims in favor of defendants Fruit of the Earth, Inc. and CVS

Pharmacy, Inc. (collectively the “defendants”). We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. U.S.C. § 1291, and we…