Benge
Benge v. Office Depot, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER BENGE, individually, No. 2:24-cv-00749-DJC-DB 11 and on behalf of other members of the general public similarly situated, Plaintiff, ORDER GRANTING MOTION TO DISMISS
WITH LEAVE TO AMEND
v. 15 OFFICE DEPOT, LLC, a Delaware limited liability company; OFFICE DEPOT, INC., a Delaware corporation; THE ODP CORPORATION, a Delaware corporation; and DOES 1 through 18 100, inclusive, 19 Defendants. 20 21 Plaintiff Christopher Benge brings his Class Action Complaint against Defendants Office Depot, LLC, Office Depot, Inc., and The ODP Corporation, along with 100 Doe Defendants, alleging that Defendants violated various California Labor Code provisions and California’s Unfair Competition Law as a result. Defendants again seek dismissal, arguing that Plaintiff has failed to state a claim. For the reasons set forth below, the Court GRANTS Defendants’ Motion to Dismiss (ECF No. 17), but Plaintiff is GRANTED leave to amend one more time. BACKGROUND…