Prescott
Prescott v. Ricola USA, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN PRESCOTT, Case No. 23-cv-02983-MMC
Plaintiff,
ORDER GRANTING DEFENDANT
v. RICOLA USA'S MOTION FOR
JUDGMENT ON THE PLEADINGS
RICOLA USA, INC.,
Defendant.
12 Before the Court is defendant Ricola USA, Inc.’s (“Ricola”) “Motion for Judgment on the Pleadings,” filed March 22, 2024. Plaintiff Steven Prescott (“Prescott”) has filed opposition, to which Ricola has replied. Having read and considered the papers filed in support of and in opposition to the motions, the Court rules as follows.1 BACKGROUND Ricola is a New Jersey corporation with a principal place of business in New Jersey. (See Complaint (“Compl.”) ¶ 30, Doc. No. 1.) Prescott, a “citizen of California” (see id. ¶ 50), alleges he purchased cough suppressant and oral anesthetic lozenges (hereinafter, “the Product”) manufactured by defendant “between July 2020 and May 2023” (see id. ¶¶ 1, 37). He alleges he made…