Snow

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MISTY SNOW, et al., Case No. 21-cv-03269-VC Plaintiffs,

ORDER DENYING MOTION TO JOIN

v. A NECESSARY PARTY ALIGN TECHNOLOGY, INC., Re: Dkt. No. 124 Defendant.

Align’s motion to join SmileDirectClub is denied. The plaintiffs are clear that they are not seeking injunctive relief on their Section 1 claim. While the complaint could have been drafted more carefully in this respect, the fairest reading is that the Section claim seeks damages only. And absent the possibility of an injunction on that claim, Align’s argument that the various agreements make SmileDirectClub a necessary party to this case would swallow the general rule that it is not necessary to sue every alleged antitrust conspirator. See Ward v. Apple, Inc., 791 F.3d 1041, 1052 (9th Cir. 2015). SmileDirectClub remains free to move to intervene.

IT IS SO ORDERED.

Dated: August 26, 2022 Ko“.

VINCE CHHABRIA

United States District Judge