Wu

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

HONG WU, Case No. 25-cv-05960-RFL Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

SHOPIFY (USA) INC.,

Re: Dkt. No. 25 Defendant. The following recitation of facts is based on the allegations contained in the Complaint. (See Dkt. No. 1-2.) Hong Wu worked as an AI engineer at Shopify for about a year. For most of his time at the company, he was one of only two employees of Asian descent on his team. After the company assigned Wu to report to Andrew McNamara, his responsibilities progressively diminished, and the company ultimately discharged him. He subsequently commenced this action to recover, as he believes that Shopify discriminated against and harassed him because of his race and his son’s special needs and retaliated against him for raising concerns about the company’s potential legal violations. Shopify now moves to dismiss. (See Dkt. No. 25 (the “Motion”).) For the reasons set forth below, the Motion is GRANTED IN PART and DENIED

IN PART.

Legal Standard. A complaint “must contain . . . a short and plain statement of the…