Whalen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHRISTINE WHALEN, et al., Case No. 23-cv-00459-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS FIRST AMENDED

COMPLAINT

ALBERTSONS COMPANIES INC., et al., Re: Dkt. Nos. 96, 97 Defendants.

The motions to dismiss are granted because the plaintiffs have failed to allege Article III standing. This order assumes the reader’s familiarity with the factual allegations, the relevant law, and the parties’ arguments. The plaintiffs have again failed to provide enough information about their own situations to adequately allege that they are likely to suffer an injury from the proposed merger. Of the 24 plaintiffs, only a few allege they have shopped at an Albertsons or Kroger store at all. And the allegations about those few plaintiffs barely say anything, simply intoning that they “have shopped” at a store in their area (although elsewhere the complaint mentions in passing that they “shop” at one of the stores). And they allege that if the merger goes through, they will be forced to pay higher prices. But the plaintiffs say nothing about whether (and how many) alternative grocery store…