1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDREA ANDERSON, Case No. 25-cv-03919-JSC

8 Plaintiff, ORDER GRANTING DEFENDANT’S 9 v. MOTION TO DISMISS

10 FEDERAL EXPRESS CORPORATION, Re: Dkt. No. 7 Defendant. 11

12 13 Andrea Anderson sued her former employer, Federal Express, in state court, and Federal 14 Express removed the action to federal court on diversity jurisdiction grounds. (Dkt. No. 1.)1 15 Now pending before the Court is Defendant’s motion to dismiss. (Dkt. No. 7.) After carefully 16 considering the parties’ written submissions, the Court concludes oral argument is unnecessary, 17 see Civ. L.R. 7-1(b), VACATES the June 26, 2025 hearing, and GRANTS Defendant’s motion. 18 To avoid dismissal under Federal Rule of Civil Procedure 12(b)(6), a complaint must 19 allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. 20 Twombly,

(2007). The facial plausibility standard is not a “probability 21 requirement” but mandates “more than a sheer possibility that a defendant has acted unlawfully.” 22 Ashcroft v. Iqbal,

(2009) (cleaned up). So, the complaint must contain more 23 than “naked assertion[s],” “labels and conclusions,” or “a formulaic recitation of the elements of a 24 cause of action.” Twombly,

. “A claim has facial plausibility when the plaintiff 25 pleads factual content that allows the court to draw the reasonable inference that the defendant is 26 liable for the misconduct alleged.” Iqbal,

. 27 1 Plaintiff's complaint does not plead factual content “that allows the court to draw the 2 reasonable inference that the defendant is liable for the misconduct alleged.” Jd. Indeed, it does 3 not plead any factual content; instead, it is replete with mere legal conclusions. The facts Plaintiff 4 || refers to in her opposition are not alleged in her complaint. (Compare Dkt. No. 14 at 6; with Dkt. 5 No. 1-1 at 6-16.) So, the motion to dismiss is GRANTED. 6 Leave to amend is GRANTED to the extent Plaintiff has a good faith belief, consistent 7 || with Federal Rules of Civil Procedure 11, to replead a claim alleged in the original complaint. 8 || Plaintiff may not add claims not pled in the original complaint to any amended complaint without 9 || further leave of court. The same is true for adding a named defendant. The amended complaint 10 shall be filed by July 14, 2025. The initial case management conference scheduled for August 7, 11 2025 is continued to October 15, 2025 at 2:00 p.m. via Zoom video. A joint case management 12 || conference statement is due one week in advance. 5 13 This Order disposes of Docket No. 7. IT IS SO ORDERED. 15 Dated: June 23, 2025 6

Teguise □□ 8 CQYELINE SCOTT CORLEY United States District Judge 19 20 21 22 23 24 25 26 27 28