Anshasi v. Duty Free World, Inc. et al

Northern District of California, cand-4:2015-cv-03620

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING {{12}} MOTION TO DISMISS.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JAMAL ANSHASI, 7 Case No. 15-cv-03620-HSG Plaintiff, 8 ORDER GRANTING MOTION TO v. DISMISS 9 DUTY FREE WORLD, INC., et al., Re: Dkt. No. 12 10 Defendants. 11 12 Northern District of California United States District Court 13 On May 7, 2015, Plaintiff Jamal Anshasi filed a complaint in San Mateo County Superior 14 Court alleging causes of action for (1) "Hostile environment harassment on the basis of religion 15 and/or national origin in violation of public policy"; (2) "Quid pro quo harassment on the basis of 16 religion and/or national origin in violation of public policy"; (3) "Wrongful discharge in violation 17 of public policy"; (4) "Intentional infliction of emotional distress"; and (5) "California Labor Code 18 violations." Dkt. No. 1-2. On August 7, 2015, Defendants removed the case to this Court. Dkt. 19 No. 1. 20 Defendants Duty Free World, Inc. and Alice Wimberly filed the pending motion to dismiss 21 on August 14, 2015. Dkt. No. 12. The Court, in its discretion, finds the matter suitable for 22 resolution without oral argument and therefore VACATES the hearing scheduled for October 8, 23 2015. See Civ. L.R. 7-1(b). 24 In their motion, Defendants argue that all claims against Defendant Wimberly must be 25 dismissed with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal 26 jurisdiction. Dkt. No. 12. Furthermore, Defendants argue that the first four causes of action 27 against Duty Free World, Inc. must be dismissed with prejudice pursuant to Federal Rule of Civil 28 Procedure 12(b)(6) for failure to state a claim. Id. Defendants do not move to dismiss Plaintiff's 1 fifth cause of action against Duty Free World, Inc. In his opposition, Plaintiff "concedes 2 Defendants' motion," except that he asks for leave to amend his third cause of action so that it 3 may be sufficiently pled. Dkt. No. 14 at 1. 4 Based on the parties' agreement, the Court (1) GRANTS Defendants' motion to dismiss 5 WITH PREJUDICE as to all claims against Defendant Wimberley; (2) GRANTS Defendants' 6 motion to dismiss WITH PREJUDICE as to Plaintiff's first, second, and fourth causes of action 7 against Defendant Duty Free World, Inc.; and (3) GRANTS Defendants' motion to dismiss WITH 8 LEAVE TO AMEND as to Plaintiff's third cause of action against Defendant Duty Free World, 9 Inc. Plaintiff shall file an amended complaint within 21 days of the date of this Order. 10 IT IS SO ORDERED. 11 Dated: September 22, 2015 12 ______________________________________ Northern District of California United States District Court HAYWOOD S. GILLIAM, JR. 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2