Jackson v. Amazon Logistics, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID JACKSON, Case No. 23-cv-05238-HSG

8 Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

9 v. DISMISS

10 AMAZON LOGISTICS, INC., Re: Dkt. No. 18 11 Defendant.

12 13 Before the Court is Defendant Amazon Logistics, Inc.’s (“Amazon”) motion to dismiss 14 certain claims in Plaintiff’s amended complaint. Dkt. No. 18. The Court finds this matter 15 appropriate for disposition without oral argument and the matter is deemed submitted. For the 16 following reasons, the Court GRANTS IN PART and DENIES IN PART the motion. 17 I. BACKGROUND 18 Plaintiff David Jackson alleges that in September 2022, while he was walking his dog, an 19 Amazon delivery driver “gunned his engine” and “looking right at Mr. Jackson, called him the n- 20 word.” First Amended Complaint (“FAC”) ¶¶ 12–16. Plaintiff alleges that after this initial 21 exchange, the Amazon driver gunned his engine again and accelerated his truck toward Plaintiff. 22 …