Attebery

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN THOMAS ATTEBERY, Case No. 1:22-CV-1352 JLT BAM individually and on behalf of himself and 12 all others similarly situated, ORDER GRANTING IN PART

DEFENDANT’S MOTION TO DISMISS AND

13 Plaintiff, DIRECTING THE PARTIES TO FILE A

JOINT STATEMENT REGARDING THE

14 v. STATE COURT PROCEEDINGS 15 US FOODS, INC. d/b/a/ US (Doc. 5) FOODSERVICE, INC., a Delaware 16 corporation; and DOES 1 through 50, inclusive, 17 Defendants. 18 19 Steven Thomas Attebery asserts US Foods violated California’s wage and hour laws and 20 Unfair Competition Law, and states claims against the company on behalf of himself and a class 21 of similarly situated employees. (See generally Doc. 1, Exh. A.) Defendant moves to dismiss 22 and/or stay the action, arguing: (1) Plaintiff’s fifth claim for timely paid wages pursuant to 23 California Labor Code section 204 fails to state a claim under Federal Rule of Civil Procedure 24 12(b)(6); (2) a stay is warranted under the doctrine set forth in…