Snow v. Align Technology, Inc.

Filing 156

Order by Judge Vince Chhabria denying 124 Motion to Join a Necessary Party. (vclc3, COURT STAFF) (Filed on 8/26/2022)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

MISTY SNOW, et al.,

Case No. 21-cv-03269-VC

Plaintiffs,
ORDER DENYING MOTION TO JOIN
A NECESSARY PARTY

v.
ALIGN TECHNOLOGY, INC.,

Re: Dkt. No. 124

Defendant.

Align’s motion to join SmileDirectClub is denied. The plaintiffs are clear that they are
not seeking injunctive relief on their Section 1 claim. While the complaint could have been
drafted more carefully in this respect, the fairest reading is that the Section 1 claim seeks
damages only. And absent the possibility of an injunction on that claim, Align’s argument that
the various agreements make SmileDirectClub a necessary party to this case would swallow the
general rule that it is not necessary to sue every alleged antitrust conspirator. See Ward v. Apple,
Inc., 791 F.3d 1041, 1052 (9th Cir. 2015). SmileDirectClub remains free to move to intervene.

IT IS SO ORDERED.
Dated: August 26, 2022
______________________________________
VINCE CHHABRIA
United States District Judge