Lindsey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JAMES EARL LINDSEY,

Case No. 24-cv-01440-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS

AMERICAN AIRLINE, INC.,

13 Defendant.

I. INTRODUCTION This case concerns an altercation between Plaintiff James Earl Lindsey and a flight attendant on an international flight operated by Defendant American Airlines, Inc. (“American”). Lindsey advances six claims for relief. Specifically, he avers he faced unlawful discrimination pursuant to 42 U.S.C. § 1981 and Title VI of the Civil Rights Act of 1964, American was negligent in breaching its duty to provide him safe transportation, a flight attendant assaulted and battered him, American was negligent in its hiring and training of the flight attendant, and American’s conduct constituted intentional infliction of emotional distress. American moves to dismiss for failure to state a claim for relief on the grounds the Montreal Convention…