One Fair Wage, Inc. v. Darden Restaurants Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ONE FAIR WAGE, INC., Case No. 21-cv-02695-EMC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

DARDEN RESTAURANTS INC., Defendant. Docket No.

12 13 Plaintiff One Fair Wage, Inc. (“OFW”) has sued Darden Restaurants, Inc. for employment discrimination based on sex and race in violation of Title VII. Previously, following remand from the Ninth Circuit, the Court dismissed OFW’s first amended complaint (“FAC”) on the basis that it had failed to establish Article III standing to pursue its claims. The Court, however, gave OFW leave to amend. OFW filed a second amended complaint (“SAC”), and Darden has now moved to dismiss that pleading, again based on lack of Article III standing. Darden also argues that OFW lacks statutory standing to proceed with the suit. Having considered the parties’ briefs, as well as the oral argument of counsel, the Court hereby DENIES the…