Delbrick Dion Jackson v. Costco Wholesale Corporation, et al.

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DELBRICK DION JACKSON, No. 2:25-cv-00610-DAD-SCR 11 Plaintiff, 12 FINDINGS AND RECOMMENDATIONS 13 v. 14 COSTCO WHOLESALE CORPORATION, et al., 15 Defendants. 16 17 18 Plaintiff is proceeding pro se in this matter, which is referred to the undersigned pursuant 19 to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Before the Court is Defendant Costco 20 Wholesale Corporation’s (“Costco”) motion to dismiss (ECF No. 11). The Court heard oral 21 argument on the motion on April 17, 2025, and now recommends that Defendant’s motion to 22 dismiss be GRANTED and that Plaintiff be allowed leave to file an amended complaint. 23 I. Background and Procedural History 24 Plaintiff filed this action on November 22, 2024, in San Joaquin County Superior Court. 25 ECF No. 1 (Notice of Removal) at 2. Costco alleges it was served on January 21, 2025, and 26 removed the action on February 20, 2025. Costco removed the action based on diversity of 27 28 1 citizenship jurisdiction, and argues that…