Kim Allen v. Hyland's, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 12 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KIM ALLEN; DANIEL XENOS; No. 21-55289

SHERRELL SMITH; NANCY

RODRIGUEZ; YUANKE XU; DIANA D.C. No. SISTI; MELISSA NIGH, on behalf of 2:12-cv-01150-DMG-MAN themselves, all others similarly situated, and the general public,

MEMORANDUM*

Plaintiffs-Appellants,

v.

HYLAND'S, INC., a California corporation;

STANDARD HOMEOPATHIC

COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Dolly M. Gee, District Judge, Presiding

Submitted May 10, 2022** Pasadena, California

* 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). Before: WATFORD and FRIEDLAND, Circuit Judges, and ROBRENO,*** District Judge.

This is the second time this case has come before our court. We previously

remanded…