Newman

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KIMBERLY CARLESTE NEWMAN, et Case No. 20-cv-04011-VC al.,

Plaintiffs, ORDER GRANTING MOTION TO

DISMISS THE THIRD AMENDED

v. COMPLAINT

GOOGLE LLC, et al., Re: Dkt. No. 80, 85 Defendants.

1. The federal claims are dismissed without leave to amend. The plaintiffs have failed to add any allegations of consequence to the latest iteration of their complaint, leaving the Court with no choice but to conclude that further amendment would be futile. The First Amendment and Lanham Act claims fail for the same legal reasons articulated in Judge Koh’s prior ruling. See Dkt. No. 68, at 15–22. And the Court again declines to exercise jurisdiction over the declaratory judgment claim for the reasons stated in the prior opinion. See id. at 24–25. There is no need for the Court to consider the difficult questions related to the affirmative defense at this time. With respect to the section 1981 claim, the plaintiffs still fail to plead facts rendering it plausible that YouTube intentionally discriminated against them on the basis of race. The Court agrees that the allegations…