Tabler
Tabler v. Panera LLC
Opinion
trial_court Opinion
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8 UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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12 BRIANNA TABLER, Case No. 19-CV-01646-LHK
13 Plaintiff,
ORDER GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND
14 v. Re: Dkt. No. 44 15 PANERA LLC, 16 Defendant. 17 18 Before the Court is Defendant Panera LLC’s motion to dismiss. ECF No. 44. Having 19 considered the submissions of the parties, the relevant law, and the record in this case, the Court 20 GRANTS Defendant’s motion to dismiss with leave to amend. 21 I. BACKGROUND 22 A. Factual Background 23 Plaintiff Brianna Tabler is a citizen of Santa Clara County, California. ECF No. 41 ¶ 65 24 (“FAC” or “First Amended Complaint”). Defendant Panera LLC is a limited liability company 25 that was formed under the laws of New York and maintains headquarters in New York City. Id. 26 ¶ 72. Defendant manufactures, markets, and distributes sandwiches, baked goods, and other 27 prepared foods, including the “Whole Grain Bagel” and “Whole Grain Bread” (the “Products”), in 1 retail outlets in…