Keum

Keum v. Virgin America Inc.

Good Law

781 F. Supp. 2d 944·2011 WL 835537·2011 U.S. Dist. LEXIS 28358

United States District Court, Northern District of CaliforniaMarch 4, 2011C 10-03285 SICalifornia4,673 words

Opinion

Illston, J.

ORDER GRANTING IN PART AND DENYING IN PART VIRGIN’S MOTION FOR JUDGMENT ON THE PLEADINGS

On February 25, 2011, the Court heard argument on defendant Virgin America’s motion for judgment on the pleadings. Having considered the arguments of counsel and the papers submitted, the Court hereby GRANTS IN PART and DENIES IN PART defendant’s motion. If plaintiff wishes to amend the complaint, the amended complaint must be filed no later than March 18, 2011. As requested by the parties, the case management conference scheduled for March 4, 2011 is rescheduled for March 18, 2011 at 2:30 pm.

BACKGROUND

Plaintiff Jennifer Keum (“Keum”) was a passenger on a Virgin America (“Virgin”) flight from Seattle to San Francisco on May 27, 2010. During the flight, Keum alleges that the flight attendant (“Kelly”), an employee of Virgin, was “very rude and impatient to non-Caucasian passengers.” Id. at ¶¶ 4, 13. Keum is of Korean descent. Id. at ¶ 1.

The situation escalated when Keum, seated in the front of the coach section, returned from using the first class restroom. Id. at ¶¶ 15-16. Keum alleges that Kelly approached her seat and began to yell at her for using the first class restroom. Id. at ¶…

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