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

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ONE FAIR WAGE, INC., Case No. 21-cv-02695-EMC

8 Plaintiff,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

10 DARDEN RESTAURANTS INC., 11 Defendant. Docket No. 59

12 13 14 Plaintiff One Fair Wage, Inc. (“OFW”) has sued Darden Restaurants, Inc. for employment 15 discrimination based on sex and race in violation of Title VII. Previously, following remand from 16 the Ninth Circuit, the Court dismissed OFW’s first amended complaint (“FAC”) on the basis that 17 it had failed to establish Article III standing to pursue its claims. The Court, however, gave OFW 18 leave to amend. OFW filed a second amended complaint (“SAC”), and Darden has now moved to 19 dismiss that pleading, again based on lack of Article III standing. Darden also argues that OFW 20 lacks statutory standing to proceed with the suit. 21 Having considered the parties’ briefs, as well as the oral argument of counsel, the Court 22 hereby DENIES the…