Maciel

Maciel v. Flowers Foods, Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 28, 20203:20-cv-03814California2,247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE MACIEL, et al., Case No. 20-cv-03814-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. TRANSFER

FLOWERS FOODS, INC., et al., Re: Dkt. No. 18 Defendants.

Plaintiffs Jose Maciel and Maciel Distribution, Inc. (collectively, “Maciel”) filed this action against defendants Flowers Foods, Inc., et al., Flowers Bakeries, LLC, and Flowers Finance, LLC (collectively, “Flowers”), asserting claims under the Fair Labor Standards Act (“FLSA”) and California’s Unfair Competition Law (“UCL”). Flowers moves to dismiss, or in the alternative to transfer or stay, pursuant to the first-to-file rule. It claims that Maciel’s counsel brought the same claims as those filed in an earlier filed case in the Southern District of California, Ludlow v. Flowers Foods, Inc., Case No. 3:18-cv-001190-JLS-JLB (S.D. Cal.). I agree with Flowers and GRANT its motion to transfer this case to the Southern District of California.1 BACKGROUND …

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