Cruz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JONATHAN CRUZ, et al., Case No. 25-cv-03902-WHO

Plaintiffs, ORDER GRANTING DEFENDANTS' v. MOTION TO DISMISS

TOWNSQUARE MEDIA, INC, et al., Re: Dkt. Nos. 40, 41, 42 Defendants.

Defendants Townsquare Media, Inc., Townsquare Interactive, LLC, and Tim Pirrone (collectively, “defendants”) move to dismiss plaintiff Jonathan Cruz and Cruz Collaborative Architecture, LLC’s (collectively, “plaintiffs”) First Amended Complaint (“FAC”) with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6) and 9(b). See Notice of Motion and Motion to Dismiss First Amended Complaint (“Mot.”) [Dkt. No 40]. Plaintiffs initially did not file an opposition, which defendants noted in their October 13, 2025 reply. See Notice of Non-Opposition to Motion to Dismiss First Amended Complaint (“Repl.”) [Dkt. No. 41]. However, plaintiffs responded on October 29, 2025—twenty (20) days past the deadline— indicating that their “brief delay” was “caused by an…