DiMercurio
DiMercurio v. Equilon Enterprises LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARCO DIMERCURIO, et al., Case No. 19-cv-04029-JSC
Plaintiffs,
ORDER RE: DEFENDANT’S MOTION
v. TO DISMISS
EQUILON ENTERPRISES LLC, Re: Dkt. No. 19 Defendant.
Marco Dimercurio, Charles Gaeth, John Langlitz, and Malcolm Synigal (collectively, “Plaintiffs”) sue Equilon Enterprises LLC dba Shell Oil Products US (“Defendant” or “Shell”) alleging various wage and hour violations under California law. (Dkt. No. 18.) Now before the Court is Defendant’s motion to dismiss Plaintiffs’ first amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 19.) After careful consideration of the parties’ briefing and having had the benefit of oral argument on January 15, 2020, the Court DENIES Defendant’s motion. BACKGROUND I. Complaint Allegations Plaintiffs are current or former employees of Shell, which operates an oil refinery in Martinez, California. (Dkt. No. 18 at ¶ 1,…