Yuriria Diaz v. Macys West Stores, Inc.

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8 United States District Court 9 Central District of California 10

11 YURIRIA DIAZ, as an individual and on Case № 8:19-cv-00303-ODW (MAAx) behalf of others similarly situated, 12 Plaintiff, ORDER DENYING MOTION TO 13 v. DISMISS [45] 14 MACY’S WEST STORES, INC., dba 15 Macy’s, an Ohio corporation; and DOES 1-50, inclusive, 16

Defendants. 17 18 I. INTRODUCTION 19 Defendant Macy’s West Stores, Inc. moves to dismiss Plaintiff Yuriria Diaz’s 20 Third Amended Complaint (“TAC”). (Mot. to Dismiss TAC (“Motion” or “Mot.”), 21 ECF No. 45.) The matter is fully briefed. (See Opp’n, ECF No. 47; Reply, ECF 22 No. 48.) For the reasons discussed below, the Motion is DENIED.1 23 II. BACKGROUND 24 Diaz worked for Macy’s as a non-exempt employee; her job duties “involved 25 customer service, selling clothing, entering data, cashiering[,] and other miscellaneous 26 activities.” (TAC ¶ 9, ECF No. 44.) In her TAC, Diaz asserts a single cause of action 27 1 After carefully considering the papers filed in connection with the Motion, the Court deemed…