Montera

I. INTRODUCTION

16 Plaintiff brings this motion to file an amended complaint and appoint a new class 17 representative, Mary Beth Montera. This motion follows another district court’s determination that 18 Eric Fishon, the previously appointed class representative in this case, did not meet the adequacy 19 requirement of Federal Rule of Civil Procedure 23(a)(4) in an unrelated class action due to 20 concerns about his credibility. When considering the factors relevant to determining whether to 21 grant Plaintiff leave to amend the complaint under Rule 15(a)(2), see Foman v. Davis, 371 U.S. 22 178, 182 (1962), it is in the interest of justice to allow Plaintiff to amend the complaint. Further, 23 Montera meets the typicality and adequacy requirements of Rule 23(a), and thus is appointed class 24 representative. Pursuant to Civil Local Rule 7-1(b), the motion is suitable for disposition without 25 oral argument, and the hearing set for April 7, 2022 is vacated.

II. FACTUAL AND PROCEDURAL BACKGROUND

27 This case is one of numerous certified class actions pending before this Court alleging false advertising and other claims in Defendant Premier Nutrition’s promotion of Joint…