Smart
Smart v. US LBM, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHAY SMART, Case No. 24-cv-04416-KAW
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTIONS TO
DISMISS
US LBM, LLC, et al., Re: Dkt. Nos. 26, 27 Defendants.
12 On July 22, 2024, Plaintiff Shay Smart filed the instant action against Defendants US LBM, LLC (“US LBM”) and Pilot IT, LLC (“Pilot”), alleging that he was terminated after complaining about being wrongfully misclassified as an independent contractor. (Compl., Dkt. No. 1.) On October 14, 2024, Plaintiff filed his amended complaint. (First Amend. Compl. (“FAC”), Dkt. No. 21-1.) Pending before the Court are Defendants’ motions to dismiss. (US LBM Mot. to Dismiss, Dkt. No. 26; Pilot Mot. to Dismiss, Dkt. No. 27.) Having considered the parties’ filings, the relevant legal authorities, and the arguments made at the December 19, 2024 hearing, the Court GRANTS IN PART and DENIES IN PART Defendants’ motions to dismiss. …