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16-635 - Titus v. McLane Foodservice, Inc.


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16-635 - Titus v. McLane Foodservice, Inc.
August 9, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 8/8/16 ORDERING that within 14 days of the issuance of this order, defendant may file a supplemental brief responding to Section II.C of plaintiff's May 25, 2016 brief as to plaintiff's standing to pursue injunctive relief under California Labor Code sections 226 and 248.5. Defendant's 17 objection and motion to strike Section II.C of plaintiff's May 25, 2016 brief is OVERRULED. Within the same 14 day period, plaintiff may file a supplemental brief responding to defendant's new argument in its May 25, 2016 brief that plaintiff's claim for civil penalties for the alleged violation of section 246(h) is barred by section 2699(g)(2). Within 14 days of the issuance of this order, the parties are ORDERED to identify any state laws other than the Private Attorneys General Act of 2004, Cal.Lab. Code § 2698 et seq., that allow a private person to enforce the Healthy Workplaces, Healthy Families Act of 2014 (the Act), Cal. Lab. Code §§ 24549, on behalf of the public. The parties shall submit a list of authorities, if any, without accompanying argument. Plaintiff is ORDERED to show cause within 14 days of the issuance of this order why the court should not dismiss the "Doe" defendants. (Kastilahn, A)
September 14, 2016
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ORDER granting defendant's 9 Motion to Dismiss signed by District Judge Kimberly J. Mueller on 9/13/16. The court DISMISSES plaintiff's fifth claim without leave to amend. This leaves the complaint's first through fourth claims, on which the case proceeds. The court DISMISSES the "Doe" defendants. (Kastilahn, A)