Florentino Javier v. Assurance Iq, LLC

FILED

NOT FOR PUBLICATION

MAY 31 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FLORENTINO JAVIER, Individually and No. 21-16351 on behalf of all others similarly situated, D.C. No. 4:20-cv-02860-JSW Plaintiff-Appellant,

v. MEMORANDUM*

ASSURANCE IQ, LLC;

ACTIVEPROSPECT INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted May 9, 2022 San Francisco, California

Before: W. FLETCHER and BUMATAY, Circuit Judges, and SILVER,** District Judge. Concurrence by Judge BUMATAY.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Roslyn O. Silver, United States District Judge for the District of Arizona, sitting by designation. Florentino Javier (“Javier”) appeals from the district court’s order granting

Assurance IQ, LLC’s (“Assurance”) and ActiveProspect Inc.’s (“ActiveProspect”)

motion to dismiss for failure to state a…