In Re Theos Dark Chocolate Litigation

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 IN RE THEOS DARK CHOCOLATE Case No. 23-cv-02739-HSG

LITIGATION ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

MOTION TO DISMISS,

TERMINATING AS MOOT

DEFENDANT’S MOTION TO STAY

DISCOVERY, AND SETTING CASE

MANAGEMENT CONFERENCE

Re: Dkt. Nos. 64,

11 Before the Court are Defendant Theo Chocolate, Inc.’s motions to dismiss and to stay discovery. Dkt. Nos. 64, 73. The Court finds these matters appropriate for disposition without oral argument and deems the matters submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART the motion to dismiss and TERMINATES as MOOT the motion to stay discovery. I. BACKGROUND On February 8, 2024, Plaintiffs Pamela Chesavage, Rockime Davis, and MyHang Le (collectively, “Plaintiffs”) filed their First Amended Consolidated Class…