Kristi Del Toro v. Centene Corporation

I. BACKGROUND

1 On August 19, 2019, Plaintiff Kristi Del Toro filed the instant suit on an individual basis 2 and on behalf of putative classes of similarly situated individuals. ECF No. 1 (“Compl”) at 1. 3 Plaintiff’s claims assert that Defendants Centene Corporation (“Centene”), Envolve Pharmacy 4 Solutions, Inc. (“Envolve”), and US Script, LLC (“US Script”) (collectively, “Defendants”) 5 violated federal law in connection with her employment application and various California laws in 6 connection with the terms and conditions of her employment. See id. ¶¶ 19–52. 7 On October 21, 2019, Defendants Centene and Envolve (collectively, “Moving 8 Defendants”) filed the instant motion to dismiss. ECF No. 13 (“Mot.”).1 Moving Defendants 9 requested that the Court strike one of Plaintiff’s claims. Id. at 1. In the alternative, Moving 10 Defendants requested that the Court transfer the instant case to the Eastern District of California. 11 Id. On November 4, 2019, Plaintiff filed an opposition. ECF No. 16 (“Opp’n”). On November 12 12, 2019, Moving Defendants filed a reply. ECF No. 17 (“Reply”). 13

II. LEGAL STANDARD

14 A. Dismissal Pursuant to Federal Rule of Civil…