Roman

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SANDRA ROMAN, et al., Case No. 20-cv-00487-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

ACCLAIM MOBILITY, LLC,

Re: Dkt. No. 8 Defendant.

Acclaim’s motion to dismiss is granted as to the claims brought by Van Bronkhurst and Martinez. It is denied in all other respects. Although it seems unlikely that the complaint could be amended to state claims on behalf of Van Bronkhurst and Martinez consistent with Rule 11, leave to amend is granted in an abundance of caution. If the plaintiffs choose to file an amended complaint, they must file it by no later than July 15, 2020. The defendant must answer or otherwise respond within 14 days of the filing of an amended complaint, or by July 29 (whichever is earlier). A case management conference is set for 10:00 a.m. on August 5, 2020, and a joint case management statement is due on July 29, 2020. The conference will take place by Zoom. 1. Acclaim’s motion to dismiss for untimeliness is denied without prejudice to raising it again at the summary judgment stage. At the pleading stage, courts will not dismiss…