Phoung

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SOMRET PHOUNG, an individual, on No. 2:21-cv-2033-MCE-JDP behalf of himself and all others similarly situated, Plaintiff, MEMORANDUM AND ORDER v. WINCO HOLDINGS, INC., an Idaho corporation, 16 Defendant.

18 Through this action, Plaintiff Somret Phoung (“Plaintiff”) seeks relief from Defendant WinCo Holdings, Inc. (“Defendant”) for wage and hour violations of the California Labor Code and California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 et seq. Presently before the Court are Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint (“FAC”) or, in the Alternative, to Strike or, in the Alternative, to Stay Proceedings, ECF No. 13, and Plaintiff’s Motion to Remand, ECF No. 14. For the reasons set forth below, Plaintiff’s Motion is DENIED, whereas Defendant’s Motion to Dismiss is GRANTED.1 27 1 Because oral argument would not have been of material assistance, the Court ordered these matters submitted on the briefs. E.D. Local Rule 230(g). 1 …