Koller

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 27 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT KOLLER; TIM No. 24-43 FERGUSON; RUBY CORNEJO; JOHN D.C. No. LYSEK, individually, and on behalf of the 3:22-cv-04260-MMC general public and those similarly situated,

MEMORANDUM*

Plaintiffs - Appellants,

v.

MONSANTO COMPANY; BAYER

CROPSCIENCE LP; THE SCOTTS

COMPANY LLC,

Defendants - Appellees,

and

SEAMLESS CONTROL LLC,

Defendant.

Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

Argued and Submitted March 7, 2025 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: TALLMAN, CLIFTON, and CHRISTEN, Circuit Judges.

Scott Koller, Tim Ferguson, Ruby Cornejo, and John Lysek (“Plaintiffs”)

bring this putative class action against defendants Monsanto Company, its parent

company, Bayer Cropscience LP (collectively “Monsanto”), and The Scotts

Company LLC. 1…