Wood
Wood v. Marathon Refining Logistics Service LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JANICE WOOD, ET AL., CASE NO. 19-cv-04287-YGR
Plaintiffs,
ORDER GRANTING MOTION TO DISMISS
vs. WITH LEAVE TO AMEND
MARATHON REFINING LOGISTICS SERVICE Re: Dkt. No.
LLC,
10 Defendant. 11 Plaintiffs Janice Wood, Anthony Alfaro, and Aaron Dietrich bring this putative class action against defendant Marathon Refining Logistics Services LLC, alleging that defendant’s standby shift practices violate the reporting time pay provisions of Industrial Welfare Commission (“IWC”) Wage Order 1-2001. Now before the Court is defendant’s motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that (i) plaintiffs’ claims are preempted by section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. section 185(a); and (ii) plaintiffs fail to state a claim for reporting time pay. Having carefully considered the papers submitted and the pleadings in this action, and for the reasons set forth below, the Court…