E. M. v. Varsity Brands, LLC

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United States District Court Central District of California

11 E.M., Case №: 2:22-cv-09410-ODW (ASx)

Plaintiff, ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS [155] [161] Varsity Brands, LLC et al. 15 Defendants. 16 I. INTRODUCTION Plaintiff E.M.1 brings this action alleging that she was sexually assaulted by her 19 cheer coach, Defendant Shawn Miller. (First Am. Compl. (“FAC”), ECF No. 133.) 20 During the time of the alleged misconduct, Miller was credentialed by the U.S. All 21 Star Federation (“USASF”), a national governing body “whose responsibility included 22 creating a safe and positive environment for minor child participants.” (Id. ¶¶ 3, 63.) 23 Under Federal Rule of Civil Procedure (“Rule”) 12(b)(6), Miller now moves to 24 dismiss the first, second, fourth, ninth, and eleventh causes of action, and USASF 25 moves to dismiss the first, second, third, fifth, seventh, eighth, ninth, tenth, eleventh, 26 and…