Gutierrez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALANA GUTIERREZ, Case No. 2:24-cv-02434-DC-CSK Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS GRANTING IN

KENDAL NUTRICARE USA LLC, PART AND DENYING IN PART

DEFENDANT’S MOTION TO DISMISS

Defendant. (ECF No. 15)

17 Pending before the Court is Defendant Kendal Nutricare USA LLC’s motion to dismiss Plaintiff Alana Gutierrez’s Complaint.1 (ECF No. 15.) Plaintiff brings her claims individually and on behalf of all persons similarly situated. (ECF No. 1.) Pursuant to Local Rule 230(g), the District Judge submitted the motion upon the record and briefs on file. (See ECF Nos. 15, 20, 27, 30.) Also pending before the Court are Defendant’s requests for judicial notice. (See ECF Nos. 16, 17, 21, 22, 29, 28, 31, 32.) For the reasons that follow, the Court RECOMMENDS that the motion to dismiss be GRANTED IN PART and DENIED IN PART. The Court ORDERS that the requests

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