Nunez
Nunez v. Saks Incorporated
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RANDY NUNEZ, on Behalf of Himself Case No.: 15-CV-2717 JAH(WVG) and All Others Similarly Situated,
ORDER DENYING DEFENDANT’S
Plaintiff, MOTION TO DISMISS AND v. GRANTING IN PART
DEFENDANT’S MOTION TO
SAKS INCORPORATED, a Tennessee STRIKE [Doc. Nos. 61, 62, 63] Corporation, and Does 1-50, inclusive, 16 Defendant.
INTRODUCTION Pending before the Court are Defendant Saks’ Incorporated’s (“Defendant”) motion to dismiss Plaintiff’s Fourth Amended Class Action Complaint (“FACC”) in its entirety pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) and Defendant’s motion to strike pursuant to Federal Rule of Civil Procedure 12(f). Plaintiff Randy Nunez (“Plaintiff”) filed oppositions to the motions, and Defendant filed replies. After a thorough review of the parties’ submissions and for the reasons discussed below, the Court DENIES 25 …