Kelley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN KELLEY, et al., Case No. 20-cv-06942-JSW

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. 9 Re: Dkt. No. 173 AW DISTRIBUTING, INC., et al., Defendants.

12 Now before the Court for consideration is the motion to dismiss filed by Walmart, Inc., Wal-Mart Stores, Inc., Wal-Mart Stores East, LP, and Wal-Mart Stores East, LLC (the “Walmart Defendants”). Defendants AW Distributing, Inc., AW Product Sales & Marketing, Inc., Kennic Ho, Alice Wong, and AW & Ho (Holdings), Inc. (the “AW Defendants”) and Daiho Sangyo, Inc. (“Daiho”) join in the motion. Unless otherwise noted, the Court will refer to the Defendants collectively as the “Moving Defendants.” The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it HEREBY DENIES the motion to dismiss. BACKGROUND On November 3, 2018, a group composed of Girl Scouts and their parents was picking up trash on the side of a highway near…