Justice v. Albertsons Corp. et al
| Christie Justice |
| Albertsons #6713, Danny Baker, Jeremy Clugston and Albertsons Corp. |
| 3:2011cv02253 |
| September 28, 2011 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Marilyn L. Huff |
| Barbara Lynn Major |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
59
ORDER (1) Granting In Part And Denying In Part Defendants' Motion To Dismiss Under 12(b)(6); (2) Denying Defendants' Motion For A More Definite Statement Under 12(e); And (3) Granting Defendants Clugston And Baker's Motion To Dismiss F or Insufficient Service Of Process Under 12(b)(4) & 12(b)(5): The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines these matters to be appropriate for resolution without oral argument, submits it on the parties' papers, a nd vacates the motion hearing set for 2/6/2012. The Court denies Defendants' motion to dismiss under (12)(b)(6) as to Plaintiff's wrongful termination, gender discrimination, and Family Medical Leave Act claims. The Court directs Defendants to file an answer to Plaintiff's second amended complaint on these causes of actions within thirty days. The Court grants Defendants' motion to dismiss under 12(b)(6) as to all of Plaintiff's other claims. The Court grants Defendants' motion to dismiss the complaint against Defendants Baker and Clugston, under Rules 12(b)(4) and 12(b)(5). Signed by Judge Marilyn L. Huff on 2/2/2012. (All non-registered users served via U.S. Mail Service.) (mdc)
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