Ramos
Ramos v. The GAP, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EFREN RAMOS, Case No. 23-cv-04715-HSG
Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 16 THE GAP, INC., Defendant.
12 Pending before the Court is Defendant The Gap Inc.’s motion to dismiss. Dkt. No. 16. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons detailed below, the Court GRANTS the motion. I. BACKGROUND Plaintiff Efren Ramos filed this putative class action against Defendant The Gap, Inc. for allegedly invading customers’ privacy through the use of marketing emails and tracking software. See generally Dkt. No. 1 (“Compl.”). Defendant is a clothing retailer, which as relevant to this lawsuit, operates an email domain and website. Defendant sends its customers periodic marketing emails, which direct them to Defendant’s website. See id. at ¶¶ 5, 16. According to the complaint, Defendant…