Tappin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Andrew D. Tappin, No. 2:22-cv-00322-KJM-DB Plaintiff, ORDER v. TForce Freight, Inc., 1S Defendant. 16 This putative wage and hour class action is before the court on defendant TForce Freight Inc.’s motion to dismiss, ECF No. 9, and motion to stay pursuant to the first-to-file rule, ECF No. 17. Plaintiff Andrew Tappin opposes both motions and requests the court transfer the case to the Northern District if the court finds the first-to-file rule applies. See generally Opp’n to MTD, ECF No. 16; Opp’n to Stay, ECF No. 19. The matter is fully briefed. Reply ISO MTD, ECF No. 20; Reply ISO Stay, ECF No. 22. The parties have also submitted a joint status report, ECF No. 21. The court heard arguments on the motions on July 29, 2022, with Gregory Mauro appearing for 24 plaintiff and Brian Berry appearing for defendant. ECF No. 26. For the reasons below, the court…