Torres v. Botanic Tonics, LLC et al

Filing 97

Order by Judge Vince Chhabria granting 86 Motion for Certification Under 28 USC 1292(B) of the Court's Order Denying 7-Eleven's Motion to Dismiss.(vclc3, COURT STAFF) (Filed on 2/5/2024)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ROMULO TORRES, et al.,

Case No. 23-cv-01460-VC

Plaintiffs,
v.
BOTANIC TONICS, LLC, et al.,
Defendants.

ORDER CERTIFYING APPEAL OF
ORDER DENYING 7-ELEVEN'S
MOTION TO DISMISS
Re: Dkt. No. 86

7-Eleven’s motion for certification under 28 U.S.C. § 1292(B) of the Court’s Order
Denying 7-Eleven’s Motion to Dismiss is granted. The statutory requirements are met. The
Order interprets the standard for liability under the unfair-practices prong of California’s Unfair
Competition Law, and, in doing so, also interprets the Ninth Circuit’s holding in Hodsdon v.
Mars, Inc., 891 F.3d 857, 867 (9th Cir. 2018). As the Order notes, other district courts have
arguably taken a different view of certain language in Hodsdon—a view that aligns with 7Eleven’s interpretation. Moreover, in a nonprecedential memorandum disposition from around
the same time as this Court’s Order, the Ninth Circuit repeated the language from Hodsdon that
7-Eleven relies on. In re Intel Corp. CPU Marketing, Sales Practices & Prods. Liab. Litig., No.
22-35652. 2023 WL 7211394, at *2 (9th Cir. Nov. 2, 2023). It is appropriate under these
circumstances to certify the question to the Ninth Circuit.
Discovery shall continue while the Ninth Circuit considers 7-Eleven’s request.
Additionally, if the Ninth Circuit does allow the appeal, then discovery will likely continue as to
the other defendants—but that question can be revisited at that time.
IT IS SO ORDERED.

Dated: February 5, 2024
______________________________________
VINCE CHHABRIA
United States District Judge

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