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-SCR 11 and on behalf of other members of the general public similarly situated, Plaintiff, ORDER v. 15 OFFICE DEPOT, LLC, a Delaware limited liability company, et al., Defendants. 18 Plaintiff Christopher Benge brings his Third Amended Class Action Complaint against Defendants Office Depot, LLC, Office Depot, Inc., and the ODP Corporation, alleging that Defendants violated various California Labor Code provisions and California’s Unfair Competition Law. The Court previously granted dismissal of these claims but gave Plaintiff leave to file an amended complaint. Defendants now seek dismissal without leave to amend, arguing Plaintiff has again failed to state his claims. For the reasons set forth below, the Court will grant Defendants’ motion and dismiss Plaintiff’s claims. However, given Plaintiff’s efforts thus far to meet the concerns expressed in the Court’s prior order, the Court will grant…