Clay

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF CALIFORNIA

10 CHAYLA CLAY et al., Case No: 3:15-cv-00165-L- AGS 11 Plaintiffs, CLASS ACTION v.

ORDER DENYING WITHOUT

CYTOSPORT, INC., PREJUDICE PLAINTIFFS'

UNOPPOSED MOTION FOR

PRELIMINARY APPROVAL OF Defendant. CLASS ACTION SETTLEMENT

Pending before the Court in this class action alleging false advertising involving Muscle Milk protein shakes and powders is Plaintiffs' unopposed motion for preliminary approval of class action settlement. The motion is denied without prejudice for the following reasons: 1. Plaintiffs propose to amend the class definitions for settlement purposes to encompasses "all persons in the United States (including its states, districts or territories) who purchased" specified products during a certain period of time. (Doc. no. 222-7 ("Settlement") at 8.) The proposed class definitions could therefore encompass purchasers other than consumers. According to the operative 26 27 Unless otherwise noted, all page…