1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TWYLSA COGSWELL Case No. 1:23-cv-0311-DJC-JDP 12 Plaintiff, 13 v. ORDER 14 LESSEREVIL LLC, 15 Defendant. 16 17 This matter was referred to a United States Magistrate Judge pursuant to 28

(b)(1)(B) and Local Rule 302. (ECF No. 12.) On March 7, 2025, the 19 magistrate judge filed findings and recommendations herein which were served on 20 the parties and which contained notice that any objections to the findings and 21 recommendations were to be filed within fourteen days. Defendant filed objections 22 on March 21, 2025, and they were considered by the undersigned. 23 The Court presumes that any findings of fact are correct. See Orand v. United 24 States,

(9th Cir. 1979). The Magistrate Judge’s conclusions of law 25 are reviewed de novo. See Robbins v. Carey,

(9th Cir. 2007) 26 (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the 27 district court and [the appellate] court . . . .”). Having reviewed the file, the Court finds 28 the findings and recommendations to be supported by the record and by the proper 1 | analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The proposed Findings and Recommendations filed March 7, 2025, are 4 | adopted; 5 2. Defendant's motion to dismiss the original complaint, ECF No. 11, is DENIED 6 || as moot; 7 3. Defendant's motion to dismiss plaintiff's first amended complaint, ECF No. 8 | 16, is GRANTED in part and DENIED as follows: 9 a.) the motion is granted without leave to amend as to plaintiff's claims 10 | challenging defendant's labeling based on the theory that the product label includes 11 | prohibited implicit nutrient content claims in violation of

(r). 12 b.) plaintiff's CLRA claim, which seeks only injunctive relief, is dismissed 13 with leave to amend for lack of standing. 14 c.) the balance of defendant's motion is denied. 15 16 IT 1S SO ORDERED. 17 | Dated: _March 26, 2025 “Darel A CDbnetto Hon. Daniel alabretta 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28