Mary Beth Montera v. Premier Nutrition Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 28 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARY BETH MONTERA, individually and No. 23-16162 on behalf of all others similarly situated, D.C. No. 3:16-cv-06980-RS Plaintiff-Appellee,

v. MEMORANDUM*

PREMIER NUTRITION CORPORATION,

FKA Joint Juice, Inc.,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Submitted January 24, 2025** San Francisco, California

Before: S.R. THOMAS, HAMILTON,*** and CHRISTEN, Circuit Judges.

Premier Nutrition Corporation appeals a district court order awarding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable David F. Hamilton, United States Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit, sitting by designation. attorneys’ fees…