The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MISTY SNOW, et al., Case No. 21-cv-03269-VC
Plaintiffs,
ORDER DENYING MOTION TO JOIN
v. A NECESSARY PARTY
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 | 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 Ko“.
VINCE CHHABRIA
United States District Judge