Yan
Yan v. General Pot, Inc.
Opinion
Lead Opinion
Mariajames, J.
*1001 ORDER RE: MOTION TO SET ASIDE DEFAULT AND MOTION TO DISMISS
Re: Dkt. No.
INTRODUCTION
Pending before the Court is Defendants General Pot, Inc. and Dian Guo Wang’s (“Defendants”) Motion to Set Aside Default and Motion to Dismiss. Dkt. No. 21. Plaintiff Longbao Yan (“Plaintiff’) filed an Opposition (Dkt. No. 25) and Defendants filed a Reply (Dkt. No. 26). The Court finds this matter suitable for disposition without oral argument and VACATES the January 29, 2015 hearing. See Fed. R. Civ. P. 78(b); Civil L.R. 7-l(b). Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS Defendants’ Motion to Set Aside Default and GRANTS Defendants’ Motion to Dismiss for the reasons set forth below.
BACKGROUND
This action arises from alleged claims of failure to pay minimum wage and overtime wages in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-19 , and related California state law claims. Defendant General Pot is a Chinese restaurant located in Fremont, California. Wang Decl. ¶ 5, Dkt. No. 21-1. Defendant Wang is the owner and sole shareholder of the restaurant. Id. ¶ 4 . Plaintiff was employed at General…