Dunkin’ “has not engaged in any activities that would render it subject to specific jurisdiction in California,” the motion said. “Dunkin’ has no role in this matter. It does not own, operate, or lease any Dunkin’-branded restaurants, the vast majority of which are franchised.”
Brett Coburn of Alston & Bird LLP, counsel for Dunkin’, argued that an amendment wouldn’t solve the fundamental issue of jurisdiction.
“There’s no recognition in the complaint that they are trying to sue stores that are operated by a collection of franchisees, not by one corporate defendant,” Coburn said.
The customers’ claims that Dunkin Donuts LLC operates all of the restaurants isn’t enough, plus there are no allegations that the company controls how its franchisees handle ADA matters in general or dictates how its franchisees set pricing, Coburn told the judge.
Judge Illston also told the customers that she needed more information about lactose intolerance and how it constitutes a disability. Specifically, she said, she wanted to know for each plaintiff what kind of lactose intolerance they have, what effect it has on their lives, and what essential life activity is impaired.
