Snow

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISON

MISTY SNOW, individually and on behalf Case No. 3:21-cv-03269-VC of all others similarly situated, [PROPOSED] ORDER GRANTING Plaintiffs, JOINT STIPULATED REQUEST FOR

ORDER ENTERING PARTIAL FINAL

v. JUDGMENT PURSUANT TO RULE 54(B)

ALIGN TECHNOLOGY, INC.,

Defendant. On February 21, 2024, the Court entered an order granting summary judgment (ECF No. 548) for Align on Plaintiffs’ claim under Section 2 of the Sherman Act and related state law claims (hereafter the “Section 2 claim”).1 The Court’s order on Plaintiffs’ Section 2 claim did not affect Plaintiffs’ separate claim under Section 1 of the Sherman Act (hereafter the “Section 1 claim”), which remains before the Court.

Plaintiffs’ Section 2 claim—as part of which Plaintiffs allege that Align monopolized the market for in-office clear aligners—and Section 1 claim—as part of which Plaintiffs allege that Align conspired to allocate the market for direct-to-consumer clear aligners with co-conspirator SmileDirectClub—are based on separate allegations, discovery, and facts. Plaintiffs’ Section 2 claim—by which Plaintiffs seek…