Smart Apparel (u.S.), Inc. v. Nordstrom, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 1 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SMART APPAREL (U.S.), INC., No. 24-2269 D.C. No. Plaintiff - Appellant, 2:23-cv-01754-TLF v.

MEMORANDUM*

NORDSTROM, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Washington Theresa Lauren Fricke, Magistrate Judge, Presiding

Argued and Submitted March 7, 2025 Pasadena, California

Before: TALLMAN, CLIFTON, and CHRISTEN, Circuit Judges.

Smart Apparel appeals the district court’s order granting Nordstrom’s

motion to dismiss Smart Apparel’s claims for breach of contract and breach of the

implied covenant of good faith and fair dealing. Because the parties are familiar

with the facts, we do not recount them here. We have jurisdiction pursuant to

U.S.C. § 1291. Reviewing the district court’s order de novo, Mudpie, Inc. v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Travelers Cas. Ins. Co. of Am., 15 F.4th 885, 889 (9th Cir.…