Kairy

Kairy v. Supershuttle International, Inc.

Good Law

721 F. Supp. 2d 884·2009 WL 5178032·2009 U.S. Dist. LEXIS 121867

United States District Court, Northern District of CaliforniaDecember 22, 2009C 08-02993 JSWCalifornia3,118 words

Opinion

White, J.

ORDER GRANTING MOTION TO DISMISS CALIFORNIA CAUSES OF ACTION AND DENYING MOTION TO DISMISS FOR FAILURE TO JOIN NECESSARY PARTIES

Now before the Court are two motions filed by Defendants SuperShuttle Interna tional, Inc. and SuperShuttle Franchise Corporation (collectively “SuperShuttle”). The first is a motion to dismiss all claims based on California law, specifically the second through eleventh claims, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3). The second is a motion to dismiss and/or for other relief for failure to join necessary parties pursuant to Rule 19 of the Federal Rules of Civil Procedure. Having considered the parties’ pleadings and the relevant legal authority, and having had the benefit of oral argument, the Court hereby GRANTS SuperShuttle’s motion to dismiss the California claims pursuant and DENIES SuperShuttle’s motion to dismiss for failure to join necessary parties.

BACKGROUND

Plaintiffs are individuals who drove passenger vehicles for SuperShuttle in California during the period commencing April 9, 2006 to the present who allege that they have not been paid minimum wages and overtime compensation pursuant to the Fair Labor Standards…

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