Day

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JONATHAN DAY, et al., Case No. 22-cv-04305-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

ADVANCED MICRO DEVICES, INC., Re: Dkt. No. 78 Defendant.

The motion to dismiss is granted. This order assumes the reader’s familiarity with the factual allegations, the relevant law, and the parties’ arguments. As discussed at the hearing, the new allegations regarding testing—while an improvement—are vague as to time. Without knowing when AMD conducted the alleged testing, the Court cannot reasonably infer that AMD knew of the alleged defect before it sold its product to the plaintiffs. The allegations regarding online user complaints are even less helpful. Not only are they vague as to time; they are vague as to content. The plaintiffs allege that, starting in late 2018, “AMD … obtained information about the specific performance problems … through message board posts on Microsoft and AMD support forums,” but they do not quote a single such post. Dkt. No. 74 at 57. Where the complaint does quote specific user complaints, it either attributes no date to them, or it attributes dates…