Gonzalez
Gonzalez v. Jeld-Wen, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GONZALEZ, Case No.: 3:24-cv-01116-JO-VET
Plaintiff,
ORDER DENYING DEFENDANT’S
vs. MOTION TO DISMISS AS MOOT [Dkt. 9] 14 JELD-WEN, INC., ET AL., Defendants. 17 18 19 In this wage and hour class action, Plaintiff Gabriel Gonzalez alleges Defendant Jeld-Wen, Inc. failed to properly compensate Gonzalez and the other class members for their hours worked. [Dkt. 1-1 at 3]. On July 26, 2024, Jeld-Wen filed a motion to dismiss Gonzalez’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). [Dkt. 9]. Rather than oppose the Motion, Gonzalez filed a first amended complaint (the “FAC”) on August 14, 2024. [Dkt. 11]. For the reasons set forth below, the Court DENIES Jeld-Wen’s Motion as moot. [Dkt. 9]. Federal Rule of Civil Procedure 15(a)(1)(B) (“Rule 15(a)(1)(B)”) allows a plaintiff to amend its pleading once as a matter of course within “21 days after…