Contreras

Contreras v. Corinthian Vigor Insurance Brokerage, Inc.

Good Law
25 F. Supp. 2d 1053·1998 WL 791597·4 Wage & Hour Cas.2d (BNA) 1793·1998 U.S. Dist. LEXIS 17319
United States District Court, Northern District of CaliforniaOctober 26, 1998C-98-2701 SCCalifornia3,555 words

Opinion

Opinion

Conti, J.

ORDER RE: DEFENDANT’S MOTION TO DISMISS AND ALTERNATIVE MOTION TO STRIKE

I. INTRODUCTION

In the above captioned ease, Plaintiff Silvia Contreras (“Contreras”) brings an action against her former employer, Defendant Corinthian Vigor Insurance Brokerage, Inc. (“Corinthian”), for retaliation in violation of Section 16(b) of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219 (“FLSA”). Contreras seeks declaratory and injunctive relief, compensatory and punitive damages, attorney’s fees, and costs of suit. In the instant motion, Defendant moves to dismiss Plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, to strike Plaintiffs claim for punitive damages.

II. LEGAL STANDARDS

A. Motion to Dismiss

A motion to dismiss will be denied unless it appears that the plaintiff can prove no set of facts which would entitle her or him to relief. See Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957); Gilligan v. Jamco Dev. Corp., 108 F.3d 246 (9th Cir.1997); Fidelity Financial Corp. v. Federal Home Loan Bank of San Francisco, 792 F.2d 1432, 1435 (9th Cir.1986), cert. denied, 479 U.S. 1064 , 107 S.Ct. 949 , 93…

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