Scheibe
Scheibe v. Performance Enhancing Supplements, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JACOB SCHEIBE, individually and on Case No.: 3:23-cv-00219-H-DDL behalf of all others similarly situated,
ORDER GRANTING, IN PART, AND
Plaintiff(s), DENYING, IN PART, v. DEFENDANT’S MOTION TO
DISMISS
PERFORMANCE ENHANCING
14 SUPPLEMENTS, LLC, dba PEScience, a Delaware limited liability company, [Doc. No. 13.] Defendant. 17 On February 6, 2023, Plaintiff Jacob Scheibe (“Plaintiff”), individually and on behalf of all others similarly situated, filed a class action complaint against Defendant Performance Enhancing Supplements, LLC, dba PEScience (“PES”). (Doc. No. 1.) On April 10, 2023, PES filed a motion to dismiss the complaint. (Doc. No. 6.) On June 5, 2023, the Court issued an order granting PES’ motion to dismiss and gave Plaintiff until June 26, 2023 to file a motion for leave to file an amended complaint. (Doc. No. 11.)
25 Defendant moves to strike the first amended complaint because Plaintiff…