Bryan

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 KERSTINE BRYAN, Case No. 23-cv-00865-MMC

Plaintiff, ORDER GRANTING MOTION TO

DISMISS FIRST AMENDED

v. COMPLAINT

DEL MONTE FOODS, INC., Re: Dkt. No. 31 Defendant.

12 Before the Court is defendant Del Monte Foods, Inc.’s (“Del Monte”) Motion, filed September 8, 2023, “to Dismiss First Amended Complaint” pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Kerstine Bryan (“Bryan”) has filed opposition, to which Del Monte has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND Del Monte is a Delaware corporation with a principal place of business in California. (See First Am. Class Action Compl. (“FAC”) ¶ 21, Dkt. No. 1.) Bryan, a “citizen of Oregon,” alleges she purchased, “at retailers throughout Oregon,” fruit cups manufactured by Del Monte,…