Sheski
Sheski v. Shopify (USA) Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID SHESKI, Case No. 19-cv-06858-HSG
8 Plaintiff, ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
9 v. Re: Dkt. No. 15 10 SHOPIFY (USA) INC., et al., 11 Defendants.
12 Pending before the Court is Defendants’ motion to dismiss Plaintiff’s class action 13 complaint, for which briefing is complete. Dkt. No. 15 (“Mot.”), 21 (“Opp.”), 22 (“Reply”). For 14 the reasons articulated below, the Court GRANTS Defendants’ motion to dismiss, WITH 15 LEAVE TO AMEND. 16 I. BACKGROUND 17 On October 21, 2019, Plaintiff David Sheski filed a class action complaint on behalf of a 18 putative nationwide class, alleging violations of the Telephone Consumer Protection Act 19 (“TCPA”), and three state common law claims: negligence, invasion of privacy, and unlawful 20 intrusion. Dkt. No. 1 (“Compl.”). Plaintiff’s claims are based on Defendant Shopify (USA) Inc. 21 and Defendant Shopify Inc.’s (collectively, “Shopify” or “Defendants”) alleged “unlawful practice 22 of making,…