Ary
Ary v. Target Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHEJUANA ARY, Case No. 22-cv-02625-HSG
Plaintiff, ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
v. DISMISS AND STRIKE
TARGET CORPORATION, Re: Dkt. No. 21 Defendant.
12 Before the Court is Defendant Target Corporation’s motion to dismiss and to strike. Dkt. No. 21 (“Mot.”). The Court found this matter appropriate for disposition without oral argument and the matter was deemed submitted. See Dkt. No. 34; Civil L.R. 7-1(b). The Court GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND This is a proposed class action on behalf of purchasers of Target’s over the counter “up & up lidocaine pain-relief patches.” Dkt. No. 1 (“Compl.”) ¶ 1. Plaintiff alleges that statements on the packaging that the patches provide “pain relief” using a “maximum strength” dose of lidocaine for “up to 8 hours” are misleading. Id. ¶ 3. According to Plaintiff, the patches “regularly peel off 22…