Pipich

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFREY PIPICH, et al, Case No.: 21cv1120-L(JLB)

Plaintiff,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND TO

ALLEGE SUBJECT MATTER

O’REILLY AUTO ENTERPRISES, LLC,

JURISDICTION

Defendants.

16 The present action was filed on June 16, 2021, alleging violations of the Fair Labor 17 Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq. [ECF No. 1.] On July 22, 2022, 18 Plaintiff filed a First Amended Complaint, reasserting violations of the FLSA, adding 19 violations of the California Labor Code and seeking remedies under the Private Attorney 20 General Act (“PAGA”). [ECF No. 13.] Plaintiff filed a Second Amended Complaint on 21 April 7, 2022, adding allegations of violations of the California Labor Code and 22 Industrial Welfare Commission Order No. 9-2001, seeking remedies under the Private 23 Attorney General Act (“PAGA”), and removing the FLSA claim. 24 In the original and First Amended complaints, Plaintiff specifically asserted federal…