Lindell

Lindell v. Synthes USA

Good Law
155 F. Supp. 3d 1068·2016 WL 70305·2016 U.S. Dist. LEXIS 1940
United States District Court, Eastern District of CaliforniaJanuary 6, 20161:11-cv-02053 LJO BAMCalifornia11,043 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE: PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 207 & 212)

I. INTRODUCTION

Plaintiff Troy M. Lindell was employed as a sales consultant for Defendants Synthes USA, Synthes USA Sales, and Synthes Spine Company (collectively “Synthes Companies”) and was responsible for certain territories in California. He argues, on behalf of himself and other similarly situated class members, that Defendants’ employment practices violate several California Labor Codes.

II. PROCEDURAL HISTORY

Plaintiff filed this class action lawsuit on December 13, 2011. Doc. 1. An amended complaint was filed on February 27, 2012. 1 First Am. Compl. (“FAC”), Doe. 24. Plaintiff argues that Defendants (a) do not reimburse certain employees for business expenses as required by Cal. Labor Code § 2802 , (b) took unlawful deductions in violation of Cal. Labor Code §§ 221 , 223 & 300, (c) willfully failed to pay employees upon discharge in violation of Cal. Labor Code §§ 201-203 , and (d) engaged in unfair competition in violation of the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200-210 . Id. ¶¶ 72, 82, 88 , & 95. Plaintiff also seeks to recover under…

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