Varsam v. Laboratory Corporation of America, et al
| Rita Varsam |
| Laboratory Corporation of America and DOES 1 through 100 |
| 3:2014cv02719 |
| November 17, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| XX US, Outside State |
| Jan M. Adler |
| Barry Ted Moskowitz |
| Other Labor Litigation |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
25
ORDER Granting in part and Denying in part 4 Motion to Dismiss and Denying Motion to Strike. Plaintiff's seventh cause of action and claim for injunctive relief are Dismissed. The Court grants Plaintiff leave to file an amended complaint onl y remedying the deficiencies identified with respect to the seventh cause of action. If Plaintiff chooses to file an amended complaint, the complaint must be filed within 30 days of the entry of this Order. If no amended complaint is filed, Defendant 's Answer is due within 45 days of the entry of this Order. Defendant's motion to strike is Denied. Since the Court has considered all of Defendant's arguments, no further motion to dismiss will be considered without leave of the Court . Defendant shall file an answer within 15 days of filing of an amended complaint. Defendant may file a motion for summary judgment on the basis of failure to exhaust the PAGA claim. Signed by Judge Barry Ted Moskowitz on 8/3/2015. (All non-registered users served via U.S. Mail Service)(rlu)
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Filing
24
ORDER denying 5 Motion to Remand. Because Defendant has met its burden of establishing that the amount in controversy is more than $5,000,000 and that there is minimal diversity of citizenship, this Court has jurisdiction under CAFA. Signed by Judge Barry Ted Moskowitz on 7/13/2015. (All non-registered users served via U.S. Mail Service)(rlu)
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