Hess

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DESDNIE HESS, Plaintiff, No. 3:21-cv-00093 WHA

v.

UNITED PARCEL SERVICE, INC., ORDER GRANTING MOTION TO

DISMISS

UPS.

15 16 INTRODUCTION In this putative class action for COVID-19 workplace health and safety violations, defendant moves to dismiss the complaint entirely. Because plaintiff is not a current employee, she lacks standing to seek injunctive relief against defendant’s employment practices. The public nuisance tort claim is barred by the exclusive remedy rule of workers’ compensation. Plaintiff does not state a claim for business expense reimbursement. Therefore, the motion is GRANTED. STATEMENT Plaintiff Desdnie Hess is a former employee of defendant United Parcel Service, Inc., the multinational shipping and logistics giant. From about October 2019 to May 2020, plaintiff worked as a local sort supervisor at UPS’s distribution center in Santa Maria, California.…