Obrien
Obrien v. Amazon.Com Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHELE OBRIEN, Case No. 22-cv-00348-JSC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
AMAZON.COM INC., et al., Re: Dkt. No. 10 Defendants.
12 Michele Obrien alleges on behalf of herself and a putative class of Amazon warehouse workers that Amazon has a policy or practice that has an unlawful disparate impact on employees over age 40. Now pending before the Court is Defendants’ motion to dismiss. (Dkt. No. 10.) After considering the parties’ written submissions, the Court concludes that oral argument is not required, see N.D. Cal. Civ. L.R. 7-1(b), and GRANTS the motion to dismiss. 1. Plaintiff fails to plausibly state a claim for disparate impact discrimination under FEHA. See Whitaker v. Tesla Motors, Inc., 985 F.3d 1173, 1176 (9th Cir. 2021) (“only a complaint that states a plausible claim for relief with well-pleaded facts demonstrating the pleader’s entitlement to relief can survive a motion to dismiss”). …