Sanchez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 HANS SANCHEZ, Case No. 5:20-cv-06538-EJD

Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v.

GREEN MESSENGERS, INC., et al., Re: Dkt. No. 31 Defendants.

Plaintiff Hans Sanchez brings a putative class action, alleging that Defendants Green Messengers and Amazon.com Services failed to provide delivery drivers with adequate meal and rest periods and wage statements. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Amazon.com (hereinafter “Amazon”) moves to dismiss Plaintiff’s Second Amended Complaint (“SAC”) on the grounds that the complaint fails to allege that an employment relationship existed between Amazon and the Plaintiff. The Court agrees and dismisses the SAC with leave to amend.1 I. BACKGROUND Defendant Green Messengers employed Plaintiff in 2019 as a delivery driver. But see SAC ¶ 20, Dkt. No. 26 (stating that Plaintiff worked for “Defendants” as a…