Peter Mai v. Supercell Oy

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 9 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER MAI, on behalf of themselves and all No. 23-15144 others similarly situated; DIEGO NINO, D.C. No. 5:20-cv-05573-EJD Plaintiffs-Appellants,

v. MEMORANDUM*

SUPERCELL OY,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted April 2, 2024 San Francisco, California

Before: HURWITZ and JOHNSTONE, Circuit Judges, and MORRIS,** District Judge.

Peter Mai and Diego Niño appeal the district court’s dismissal of their

Second Amended Complaint (“SAC”) with prejudice. We have jurisdiction under

28 U.S.C. § 1291. We agree with the district court that Mai and Niño have failed to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Brian M. Morris, Chief Judge for the District of Montana, sitting by designation. allege a cognizable economic…