Liu

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THOMAS LIU, Case No. 20-cv-07499-VC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

UBER TECHNOLOGIES INC., Re: Dkt. No. 49 Defendant.

The motion to dismiss is granted. This Court previously dismissed Liu’s Title VII disparate impact claim, explaining that Liu “must make a more sophisticated effort . . . to develop a plausible factual basis in support of his assertion that terminations at Uber occur on a racially disparate basis.” Liu v. Uber Technologies, Inc., 551 F.Supp.3d 988, 991 (N.D. Cal. 2021). Liu’s second amended complaint does not adequately cure the defects that doomed his complaint the last time around. In the latest version of the complaint, Liu describes a survey conducted of “approximately 20,000 Uber drivers” who are “clients of Plaintiff’s counsel.” These drivers were asked, apparently by an email from counsel, the following question: “If you have been deactivated by Uber, was it because your star ratings were too low?” And the drivers were asked to check a box indicating their race. The complaint alleges that the responses show a…