Helems
Helems v. Game Time Supplements, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JESSE HELEMS, on behalf of all those Case No. 3:22-cv-01122-L-AHG similarly situated,
Plaintiff, ORDER GRANTING DEFENDANT’S v. MOTION TO DISMISS WITH LEAVE TO AMEND [ECF NO. 10] GAME TIME SUPPLEMENTS, LLC dba RSP NUTRITION, a Florida corporation, 17 Defendant.
19 20 Pending before the Court in this putative class action alleging deceptive 21 advertising practices is Defendant Game Time Supplements, LLC.’s, Motion to 22 Dismiss the Complaint. [ECF No. 10]. Plaintiff has filed a Response in Opposition. 23 [ECF No. 11.] Defendant has filed a Reply. [ECF No. 12.] The matter is submitted on 24 the briefs without oral argument. See Civ. L. R. 7.1(d)(1). For the reasons stated 25 below, Defendant’s Motion is GRANTED. 26 27 I. FACTUAL BACKGROUND1 2 Plaintiff Jesse Helems ordered RSP Nutrition’s AminoLean Pre-Workout powder 3 (“AminoLean”) blackberry pomegranate flavor on or about May 13, 2022. (Compl. at ¶ 4 6). Plaintiff…