May

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 TOMIKA MAY and MATTHEW Case No. 23-cv-01394-MMC

KIRSCHENBAUM,

7 Plaintiffs, ORDER GRANTING DEFENDANT'S MOTION TO DISMISS; VACATING v. HEARING

PHILO, INC.,

10 Defendant.

11 Before the Court is defendant Philo, Inc.'s ("Philo") Motion, filed May 17, 2023, "to Dismiss the Class Action Complaint." Plaintiffs Tomika May ("May") and Matthew Kirschenbaum ("Kirschenbaum") have filed opposition, to which Philo has replied. By order filed July 7, 2023 ("July 7 Order"), the Court, after considering the parties' respective written submissions, deferred ruling on the motion, finding plaintiffs were entitled to conduct discovery relevant to whether May has standing, an issue raised in the motion to dismiss, and afforded plaintiffs leave to file supplemental opposition following the completion of such discovery. Thereafter, by letter filed October 17, 2023, plaintiffs advised the Court that the discovery had been…