Garland v. Dunkin Donuts LLC

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 CHELSEA GARLAND, et al., Case No. 23-cv-06621-SI

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS, WITH LEAVE TO AMEND

DUNKIN DONUTS LLC, Re: Dkt. No. 21 Defendant.

10 On May 31, 2024, the Court held a hearing on defendant’s motion to dismiss the complaint. For the reasons set forth below, the Court GRANTS the motion to dismiss, with leave to amend. 13 BACKGROUND This lawsuit challenges, as disability discrimination, the extra fee charged for substituting non-dairy alternatives in place of cow’s milk in beverages served at Dunkin’ Donuts restaurants. Plaintiffs are ten individuals with lactose intolerance, one of whom also has a milk allergy. They bring suit on behalf of themselves as well as a class of individuals, against Dunkin’ Donuts LLC (“Dunkin’”). Plaintiffs allege that Dunkin’ has “created a separate, higher-priced menu, aimed at customers who cannot ingest…