Tabler
Tabler v. Panera LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
BRIANNA TABLER, Case No. 19-CV-01646-LHK
Plaintiff,
ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND
v. Re: Dkt. No. 44 PANERA LLC, Defendant. 17 Before the Court is Defendant Panera LLC’s motion to dismiss. ECF No. 44. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court GRANTS Defendant’s motion to dismiss with leave to amend. I. BACKGROUND A. Factual Background Plaintiff Brianna Tabler is a citizen of Santa Clara County, California. ECF No. 41 ¶ 65 (“FAC” or “First Amended Complaint”). Defendant Panera LLC is a limited liability company that was formed under the laws of New York and maintains headquarters in New York City. Id. ¶ 72. Defendant manufactures, markets, and distributes sandwiches, baked goods, and other prepared foods, including the “Whole Grain Bagel” and “Whole Grain Bread” (the “Products”), in retail outlets in…