Kauffman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA David KAUFFMAN, individually and on Case No.: 23-cv-0259-AGS-AHG behalf of all others similarly situated, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

Plaintiff,

DISMISS (ECF 16) AND CLOSING

v. CASE THE HOME DEPOT, INC., Defendant. 9 Plaintiff sued Home Depot, claiming it surreptitiously recorded his actions while on its website. But because this Court lacks personal jurisdiction over Home Depot, which is headquartered and incorporated outside California, the case must be dismissed. BACKGROUND According to plaintiff David Kauffman, while he was “in California,” he used his cell phone to visit Home Depot’s “website . . . to shop for products” and ultimately made some purchases. (ECF 13, at 9.) Unbeknownst to him, Home Depot had partnered with Quantum Metric to maintain software on its website that it calls “session replay”—and that Kauffman calls “spyware.” (Id. at 2.) Kauffman…