Saramiento

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 RIGOBERTO SARMIENTO, et al., Case No. 20-cv-07974-BLF

Plaintiffs,

ORDER GRANTING PLAINTIFF

v. GUSTAVO LUEVANO-VACA’S

MOTION TO DISMISS DEFENDANTS

FRESH HARVEST, INC., et al., FRESH HARVEST, INC. AND SMD

LOGISTICS, INC.’S COUNTERCLAIM

Defendants. WITH PREJUDICE

[Re: ECF No. 66]

13 Before the Court is Plaintiff Gustavo Luevano-Vaca’s Rule 12(b)(6) motion to dismiss Defendants Fresh Harvest, Inc. and SMD Logistics, Inc.’s (collectively, “Fresh Harvest”) counterclaim for breach of a December 31, 2020 settlement agreement (“Settlement Agreement”). The underlying action arises out of alleged violations of federal and California state employment laws and regulations by Fresh Harvest and Defendants Fresh Foods, Inc. and Rava Ranches, Inc. related to their employment of truck drivers through the H-2A visa program. Luevano-Vaca moves to …