Barnett
Barnett v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID BARNETT et al., Case No. 18-cv-01383-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 49 CITY OF SAN JOSE, Defendant.
12 In March 2018, over 300 firefighter employees working for the City of San Jose filed seven related actions1 alleging that San Jose violated the overtime compensation requirement of the Fair Labor Standards Act (“FLSA”). See 28 U.S.C. § 207; 29 C.F.R. § 553.230. The cases were stayed during an appeal of a summary judgment order against the plaintiffs in a similar action, Wallace v. City of San Jose, 16-cv-4914-HRL. Dkt. No. 36. In February 2020, after the order was affirmed, the Court lifted the stay and directed the employees to file a consolidated complaint, Dkt. No. 45, which they did on March 9, 2020, Dkt. No. 46. San Jose asks to dismiss the consolidated complaint under Rule 8 and Rule 12(b)(6) of the Federal Rules of Civil Procedure for failing to allege facts sufficient to state a plausible FLSA claim. Dkt. No. 49; see…