Sarah Vitort v. Kroger Company
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 28 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SARAH VITORT, a consumer residing in No. 22-35185 Oregon, individually and on behalf of all others situated, D.C. No. 3:20-cv-01317-AC
Plaintiff-Appellant,
MEMORANDUM*
v.
KROGER COMPANY; et al.,
Defendants-Appellees.
Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding
Submitted April 21, 2023** Portland, Oregon
Before: RAWLINSON, BEA, and SUNG, Circuit Judges.
Plaintiff-Appellant Sarah Vitort appeals from the district court’s dismissal of
her putative class action complaint against Defendants-Appellees The Kroger
Company and Fred Meyer Stores, Inc. (together, “Kroger”). She alleged that
* 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). Kroger violated multiple provisions of the…