Picou
Picou v. Tracy Logistics LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONTE PICOU, No. 2:24-cv-00526-DC-JDP Plaintiff, v. ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS AND DENYING
TRACY LOGISTICS LLC, DEFENDANT’S MOTION TO STRIKE Defendant. (Doc. No. 40) 16 This matter is before the court on Defendant’s motion to dismiss Plaintiff’s first amended complaint under Federal Rule of Civil Procedure 12(b)(6) or, alternatively, to strike certain allegations under Federal Rule of Civil Procedure 12(f). (Doc. No. 40.) The pending motion was taken under submission to be decided on the papers pursuant to Local Rule 230(g). (Doc. No. 41.) For the reasons discussed below, the court will grant Defendant’s motion to dismiss and deny Defendant’s motion to strike. BACKGROUND In this class action lawsuit, Plaintiff Donte Picou is suing his former employer, Defendant Tracy Logistics LLC, for violating California wage-and-hour and unfair competition laws.…