Attebery
Attebery v. US Foods, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEVEN THOMAS ATTEBERY, Case No. 1:22-CV-1352 JLT BAM individually and on behalf of himself and all others similarly situated, ORDER GRANTING IN PART
DEFENDANT’S MOTION TO DISMISS AND
Plaintiff, DIRECTING THE PARTIES TO FILE A
JOINT STATEMENT REGARDING THE
v. STATE COURT PROCEEDINGS US FOODS, INC. d/b/a/ US (Doc. 5) FOODSERVICE, INC., a Delaware corporation; and DOES 1 through 50, inclusive, 17 Defendants. 18 Steven Thomas Attebery asserts US Foods violated California’s wage and hour laws and Unfair Competition Law, and states claims against the company on behalf of himself and a class of similarly situated employees. (See generally Doc. 1, Exh. A.) Defendant moves to dismiss and/or stay the action, arguing: (1) Plaintiff’s fifth claim for timely paid wages pursuant to California Labor Code section 204 fails to state a claim under Federal Rule of Civil Procedure 12(b)(6); (2) a stay is warranted under the doctrine set forth in…