Rockymore

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MONETTE ROCKYMORE, Case No. 3:22-cv-00176-WHO Plaintiff,

ORDER DENYING MOTION FOR

v. ATTORNEY’S FEES AND COSTS EUROFINS DONOR & PRODUCT Re: Dkt. No. 40 TESTING, INC., et al., 11 Defendants. 12 Defendant Eurofins Donor & Product Testing, Inc. (“Eurofins”) seeks attorney’s fees and 13 costs from plaintiff Monette Rockymore. In addition to Eurofins, Rockymore named several 14 unincorporated divisions of the company as defendants. In the midst of litigating numerous other 15 issues spanning two motions and more than 100 pages of briefing, Eurofins argued in a few 16 paragraphs of a motion to dismiss that those divisions were not proper defendants. In five 17 sentences of a 13-page order, I agreed and dismissed them—moving swiftly on to the real issues in 18 the case. Based on this, Eurofins seeks more than $50,000 in fees and costs because, it says, 19 Rockymore’s attempt to name those entities was frivolous. If anything, Eurofins’s motion is 20 closer to frivolity than Rockymore’s faulty attempt…