Tabler

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11

12 BRIANNA TABLER, Case No. 19-CV-01646-LHK

13 Plaintiff,

ORDER GRANTING MOTION TO

DISMISS WITH LEAVE TO AMEND,

14 v.

DENYING REQUEST TO STAY, AND

DENYING AS MOOT REQUEST TO

15 PANERA LLC, STRIKE 16 Defendant. Re: Dkt. Nos. 21, 22, 29 17 18 Before the Court is Defendant Panera LLC’s motion to dismiss, or in the alternative, to 19 stay the instant case or strike portions of Plaintiff’s complaint. ECF No. 21. Having considered 20 the submissions of the parties, the relevant law, and the record in this case, the Court GRANTS 21 Defendant’s motion to dismiss with leave to amend, DENIES Defendant’s request to stay the 22 instant case, and DENIES as moot Defendant’s request to strike portions of Plaintiff’s complaint. 23 I. BACKGROUND 24 A. Factual Background 25 Plaintiff Brianna Tabler is a citizen of Santa Clara County, California. ECF No. 1 26 (“Compl.”) ¶ 64. Defendant Panera LLC is a limited liability company that…