Foster

Foster v. United Continental Holdings, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 25, 20213:19-cv-02530California762 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NATHANIEL FOSTER, et al., Case No. 3:19-cv-02530-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 84 UNITED CONTINENTAL HOLDINGS, INC., et al., 11 Defendants.

12 Defendant United Airlines Holdings, Inc. (United Holdings), which is the parent company of defendant and operating subsidiary United Airlines, Inc. (United), asks to be dismissed under Federal Rule of Civil Procedure 12(b)(6) on the ground that the Second Amended Complaint (SAC), Dkt. No. 74, did not adequately allege that it is an alter ego or otherwise vicariously liable for the personal injuries sustained by plaintiff Foster while traveling on United. Dkt. No. 84 (motion to dismiss). The parties’ familiarity with the record is assumed. United Holdings is dismissed without prejudice to a motion to restore it as a party if warranted by facts obtained during discovery.1 To plausibly allege an alter ego relationship, a complaint must present facts showing “‘(1) there is such a unity of interest and…

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