John Utne v. Home Depot U.S.A., Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN UTNE,

Case No. 16-cv-01854-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION

HOME DEPOT U.S.A., INC., FOR LEAVE TO AMEND

COMPLAINT Defendant.

15 I. Introduction In this wage and hour class action, Defendant brings a motion to dismiss a claim that has been part of this lawsuit since its inception more than six years ago. Defendant argues that Plaintiff lacks standing to bring Count Three, which avers a failure to pay timely all final wages in violation of California Labor Code §§ 201-203 (the “waiting time” claim). In what is essentially a concession that named plaintiff’s claim under Count Three may be deficient, Plaintiff brings a motion for leave to file a Fifth Amended Complaint to add a new named plaintiff. For the reasons explained below, the motion to dismiss is granted because Plaintiff lacks statutory…