Aaron Feao v. UFP Riverside, LLC et al
| Aaron Feao |
| Does and UFP Riverside, LLC |
| 2:2017cv03080 |
| April 24, 2017 |
| US District Court for the Central District of California |
| Philip S. Gutierrez |
| Jean P. Rosenbluth |
| Civil Rights: Jobs |
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Filing
21
MINUTES (In Chambers): Order DENYING Plaintiff's Motion to Remand 10 and GRANTING Defendant's Motion to Dismiss 8 by Judge Philip S. Gutierrez. Accordingly, the Court holds: (1) Plaintiff's motion to remand is DENIED. Defendant has established by a preponderance of the evidence that the amount in controversy exceeds $5 million, and the Court has CAFA jurisdiction. (2) Defendant's motion to dismiss is GRANTED. Plaintiff is permitted leave to amend claims one, two, three, four, five, nine, and ten and must do so by July 31, 2017. Plaintiff is not permitted leave to amend claims six and eight. To the extent Plaintiff re-alleges claim seven in an amended complaint, Plaintiff may re-allege a claim for ac tual damages only; statutory penalties are barred by the statute of limitations. (3) Defendant may move to recover attorneys' fees and costs associated with the filing of the motion to dismiss no later than July 31, 2017. The Court found that sanctions were warranted to deter future conduct and to compensate Defendant for the attorneys' fees and costs that it incurred in bringing a motion to dismiss a boilerplate complaint that the Court had already found deficient. (lom)
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