Delano

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 HARLEY DELANO, No. 2:19-cv-00225-TLN-DB Plaintiff, v. ORDER UNIFIED GROCERS, INC., aka Unified Western Grocers, a California corporation; SUPERVALU, INC., a Delaware corporation, 16 Defendant. 17 18 This matter is before the Court on Defendants Unified Grocers, Inc. (“UGI”) and Supervalu, Inc.’s (“SI”) (collectively “Defendants”) Motion to Dismiss under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (ECF No. 8.) Plaintiff Harley Delano (“Plaintiff”) opposes Defendants’ motion. (ECF No. 13.) Defendants filed a reply. (ECF No. 14.) After carefully considering the parties’ briefing and for the reasons set forth below, the Court hereby DENIES Defendants’ Motion to Dismiss. /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 Plaintiff was employed by Defendant UGI from February 20002 until January 2, 2002. (ECF No. 1-1 ¶ 6.) In 2001, Plaintiff and UGI discussed Plaintiff retiring early. (ECF No. 1-1 ¶ 4 …