DNA Sports Performance Lab, Inc. v. Major League Baseball

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DNA SPORTS PERFORMANCE LAB, INC. and NEIMAN NIX, No. C 20-00546 WHA Plaintiffs,

v.

ORDER GRANTING MOTION

MAJOR LEAGUE BASEBALL; FOR ATTORNEY’S FEES

MLB ADVANCED MEDIA LP; MAJOR

LEAGUE BASEBALL PLAYERS

ASSOCIATION; and MAJOR LEAGUE

BASEBALL ENTERPRISES, INC,

16 Defendants.

18 INTRODUCTION Following plaintiffs’ voluntary dismissal in this false-advertising and unfair competition action, defendants baseball league and players union move for attorney’s fees under FRCP 11 and the Court’s inherent authority. To the following extent, the motions for fees are GRANTED. STATEMENT Plaintiffs, Neiman Nix and his company DNA Sports Performance Lab, Inc. (together “DNA Sports”), sell health supplements “extracted from the shed tissue of elk antlers,” which contain a “naturally occurring, bio-identical form of IGF-1,” a performance-enhancing substance. …