Key

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 GRETCHEN KEY, Case No. 19-cv-03366-MMC

8 Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS SECOND

9 v. AMENDED COMPLAINT; DISMISSING

SECOND AMENDED COMPLAINT

10 BMW OF NORTH AMERICA, LLC, WITHOUT FURTHER LEAVE TO

AMEND

Defendant. 11

12 13 Before the Court is defendant BMW of North America, LLC's ("BMW") Motion, filed 14 March 13, 2020, "to Dismiss Plaintiff Gretchen Key's Second Amended Class Action 15 Complaint." Plaintiff Gretchen Key ("Key") has filed opposition, to which BMW has 16 replied. Having read and considered the papers filed in support of and in opposition to 17 the motion, the Court rules as follows.1 18 In the Second Amended Complaint ("SAC"), Key alleges she owns a "2008 BMW 19 750LI" (see SAC ¶ 26) that has "Diagnostic Tools" used by "BMW dealerships to extract 20 data from numerous data points" (see SAC ¶ 2), which data is "forwarded" by dealerships 21 to BMW (see SAC ¶ 17). Key further alleges…