Davis
Davis v. Rebel Creamery LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGELA DAVIS, et al., Case No. 22-cv-04111-TSH
Plaintiffs,
ORDER RE: MOTION TO DISMISS
v. Re: Dkt. No. 20 REBEL CREAMERY LLC, Defendant.
12 I. INTRODUCTION Pending before the Court is Defendant Rebel Creamery LLC’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 20. Plaintiffs Davis and Bennett filed an Opposition (ECF No. 27) and Defendant filed a Reply (ECF No. 28). The Court GRANTS IN PART AND DENIES PART Defendant’s motion for the following reasons.1 II. BACKGROUND Defendant Rebel Creamery LLC (“Rebel Creamery”) is a Utah company marketing and selling its Rebel ice cream in a variety of flavors (“Products”). ECF No. 1 ¶¶ 1, 26. Plaintiff Angela Davis is a citizen of California and purchased the Product on multiple occasions in Sonoma and Mendocino Counties, most recently in January 2021. Id. ¶ 19. Plaintiff Bonnie Bennett is a citizen…