Garza, Jr. v. WinCo Holdings, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EVERARDO GARZA, JR., No. 1:20-cv-01354-TLN-DB Plaintiff, v. ORDER WINCO HOLDINGS, INC., Defendant. 16 This matter is before the Court on Defendant WinCo Holdings, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 26.) Plaintiff Everardo Garza, Jr. (“Plaintiff”) filed an opposition. (ECF No. 28.) Defendant filed a reply. (ECF No. 29.) For the reasons set forth below, the Court GRANTS Defendant’s motion. /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND On August 21, 2020, Plaintiff filed this putative class action against Defendant — his former employer — in Stanislaus County Superior Court. (ECF No. 2 at 18.) Defendant removed to this Court on September 23, 2020. (Id. at 1.) On March 28, 2022, District Judge Jennifer L. Thurston denied Plaintiff’s motion to remand and granted Defendant’s motion to dismiss with leave to amend. (ECF No. 24.) On April 27, 2022,…