Opinion

Sullivan v. Safeway

Court
District Court, N.D. California
Filed
Nov 8, 2019
Cited by
0 cases
Authority
More cited than 18.7%

The opinion

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4 IN THE UNITED STATES DISTRICT COURT

5 FOR THE NORTHERN DISTRICT OF CALIFORNIA

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7 KENDRA SULLIVAN, et al., Case No. 19-cv-03187-MMC

8 Plaintiffs,

ORDER GRANTING DEFENDANTS'

9 v. MOTION TO DISMISS; AFFORDING

LEAVE TO AMEND

10 SAFEWAY, INC., et al.,

Re: Dkt. No. 28

11 Defendants.

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Before the Court is defendants' "Motion," filed August 23, 2019, “to Dismiss for

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Lack of Personal and Subject Matter Jurisdiction and Failure to State a Claim for Relief.”

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Having read and considered the papers filed in support of the motion, the Court rules as

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follows.1

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1. For the reasons stated by defendants, the Court finds plaintiffs have failed to

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allege or otherwise show this Court can exercise personal jurisdiction over any defendant

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other than Safeway Inc. (“Safeway”),2 plaintiffs having failed to plead or otherwise offer

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facts to support a finding that any such other defendant is either incorporated,

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headquartered, or otherwise “at home” in California, see Goodyear Dunlop Tires

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1 By order filed earlier this date, the Court took the matter under submission. As

set forth in said order, no opposition has been filed. On October 14, 2019, the date on

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which any opposition was due, plaintiffs filed an administrative motion for extension of

time to file their opposition. On October 18, 2019, the motion was denied (see Doc. No.

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40), after which plaintiffs filed a “Supplemental Declaration,” attaching thereto a proposal

for a stipulation of dismissal, to which defendants have replied.

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2 The defendants in the above-titled action are Safeway Inc.; Albertsons

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Companies, Inc.; Albertson’s LLC; New Albertsons L.P., as successor in interest to New

Albertson’s, Inc.; Albertsons Companies, Inc., as defendant and as successor in interest

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to Albertson’s Holdings LLC; Albertson’s Stores Sub Holdings LLC; AB Acquisition LLC;

1 Operations, S.A. v. Brown, 564 U.S. 915, 919 (2011), or, alternatively, that the instant

2 action “arise[s] out of” any such defendant’s “contacts with [said] forum,” see Bristol-

3 || Myers Squibb v. Superior Court, 137 S. Ct. 1773, 1780 (2017) (internal alteration

4 || omitted).

5 2. For the reasons stated by defendants, plaintiffs’ Third Cause of Action, alleging

6 || a violation of California Civil Code § 1785.20.5(a), is subject to dismissal, as plaintiffs

7 || have failed to show the reports on which they rely in support of such claim contain

8 information “bearing on [their] credit worthiness, credit standing, or credit capacity.” See

Q || Cal. Civ. Code § 1785.3(c).

10 Accordingly, defendants’ motion to dismiss is hereby GRANTED, the complaint is

11 DISMISSED in its entirety as to all defendants other than Safeway, and, as to Safeway,

g 12 || the Third Cause of Action is dismissed. If plaintiffs wish to file an amended complaint,

s 13 || they shall do so no later than December 3, 2019. If an amended complaint is not filed,

14 || the above-titled action will proceed on the remaining claims against Safeway.

IT IS SO ORDERED.

a 16

@ 17 || Dated: November 8, 2019 tare, Cate

INE M. CHESNEY

18 United States District Judge

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27 3 In light of this ruling, the Court does not address herein defendants’ additional

2g || argument that plaintiffs lack Article Ill standing as to any such defendant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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