Lynch v. Ulta Salon, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BRANDON LYNCH, No. 2:22-cv-01908-TLN-DMC Plaintiff, v. ORDER ULTA SALON, COSEMETICS &

FRAGRANCE, INC.,

15 Defendant.

17 This matter is before the Court on Defendant Ulta Salon, Cosmetics & Fragrance, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 36.) Plaintiff Brandon Lynch (“Plaintiff”) filed an opposition. (ECF No. 37.) Defendant filed a reply. (ECF No. 39.) For the reasons set forth below, the Court hereby GRANTS Defendant’s motion. /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND The Court need not recount all background facts, as they are set forth fully in the Court’s June 14, 2023 Order. (ECF No. 34.) In short, this case arises from allegations that Defendant unlawfully terminated Plaintiff’s employment because Plaintiff requested to use his accrued sick leave. On July 12, 2023, Plaintiff filed the operative Second Amended Complaint (“SAC”), alleging six state law…