Dutra

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DENNIS TONY DUTRA, No. 2:21-cv-01054-TLN-CKD Plaintiff, v. ORDER J.R. SIMPLOT COMPANY, Defendant. 16 This matter is before the Court on Defendant J.R. Simplot Company’s (“Defendant”) Motion to Dismiss. (ECF No. 9.) Plaintiff Dennis Tony Dutra (“Plaintiff”) filed an opposition. (ECF No. 10.) Defendant filed a reply. (ECF No. 12.) For the reasons set forth below, the Court GRANTS Defendant’s motion. /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On March 18, 2021, Plaintiff filed this putative class action against Defendant — his former employer — in San Joaquin County Superior Court. (ECF No. 1-1 at 2.) Defendant removed to this Court on June 14, 2021. (ECF No. 1.) On July 6, 2021, Plaintiff filed the First Amended Complaint (“FAC”), alleging state law claims for: (1) failure to pay minimum wages; (2) failure to pay wages, including overtime; (3) failure to…