Sheski

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID SHESKI, Case No. 19-cv-06858-HSG

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

v. Re: Dkt. No. 15 SHOPIFY (USA) INC., et al., Defendants.

Pending before the Court is Defendants’ motion to dismiss Plaintiff’s class action complaint, for which briefing is complete. Dkt. No. 15 (“Mot.”), 21 (“Opp.”), 22 (“Reply”). For the reasons articulated below, the Court GRANTS Defendants’ motion to dismiss, WITH LEAVE TO AMEND. I. BACKGROUND On October 21, 2019, Plaintiff David Sheski filed a class action complaint on behalf of a putative nationwide class, alleging violations of the Telephone Consumer Protection Act (“TCPA”), and three state common law claims: negligence, invasion of privacy, and unlawful intrusion. Dkt. No. 1 (“Compl.”). Plaintiff’s claims are based on Defendant Shopify (USA) Inc. and Defendant Shopify Inc.’s (collectively, “Shopify” or “Defendants”) alleged “unlawful practice of making,…