Javier

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 FLORENTINO JAVIER, Case No. 20-cv-02860-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

DISMISS

ASSURANCE IQ, LLC, et al., Defendants.

Defendants Assurance IQ, LLC and ActiveProspect (together, “Defendants”) bring their fifth motion to dismiss Plaintiff Florentino Javier’s complaint in this case. See Mot. (dkt. 84). Because Javier has failed to cure the defects outlined in the Court’s prior order, Defendants’ motion is GRANTED, and Javier’s claims are dismissed without leave to amend. In its prior order, the Court held that Javier’s claims are barred by CIPA’s one-year statute of limitations, because he had constructive notice of Assurance’s privacy policy, which stated that Assurance “may use third party vendors to assist” with “monitoring and analyzing Site activity.” Javier v. Assurance IQ, LLC, No. 20-CV-02860-CRB, 2023 WL 114225, at *8 (N.D. Cal. Jan. 5, 2023) (“Javier IV”). This meant that Javier was on inquiry notice…