Murphy v. Sprint/United Management Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER MURPHY, an individual, No. 2:20-cv-00507-TLN-DB on behalf of himself and all others similarly situated, Plaintiff, ORDER v. SPRINT/UNITED MANAGEMENT COMPANY, a Kansas Corporation, 16 Defendant. 17 18 This matter is before the Court on Defendant Sprint/United Management Company’s (“Defendant”) Motion to Dismiss or in the alternative Motion to Stay. (ECF No. 6.) Plaintiff filed an opposition. (ECF No. 11.) Defendant filed a reply. (ECF No. 13.) For the reasons set forth below, the Court hereby GRANTS in part and DENIES in part Defendant’s motion. (ECF No. 6.) /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff alleges he worked for Defendant from August 2015 through January 2019 as a non-exempt, hourly-paid sales supervisor. (ECF No. 1 at 4.) Plaintiff states during his employment, Defendant required Plaintiff and putative class members to respond to work-related phone calls and text messages while outside…