Kenney
Kenney v. Fruit of the Earth, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANN KENNEY, Case No.: 21cv1016-JLS (MSB)
Plaintiff,
ORDER DENYING JOINT MOTION TO
v. MODIFY FOURTH SCHEDULING ORDER [ECF NO. 40] FRUIT OF THE EARTH, INC., et al. Defendants. 16 17 On July 6, 2022, the parties filed a “Joint Motion to Modify Fourth Scheduling Order.” (ECF No. 40.) In the joint motion, the parties explain that Defendants intend to file a motion for summary judgment “that would seek dismissal of Plaintiff’s claim for injunctive relief and related attorney’s fees and costs based on Defendants’ contentions that, although Defendants continue to manufacture, market, and /or sell the 4.0 fluid ounce size ‘Clear Zinc’ sunscreen that Plaintiff did not purchase, in approximately December 2021, Defendants discontinued the sale of the 2.0 fluid ounce size “Clear Zinc” sunscreen that Plaintiff purchased, therefore purportedly extinguishing Plaintiff’s standing to enjoin the alleged…