Peckler v. Ulta Salon, Cosmetics & Fragrance, Inc.

Filing 15

ORDER GRANTING Defendant's 8 Motion to Dismiss Plaintiff's Sixth Cause of Action for Violation of the Private Attorneys General Act ("PAGA") signed by Magistrate Judge Barbara A. McAuliffe on 10/5/2017. (Sant Agata, S)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 Case No. 1:17-cv-1206-BAM LAYLA PECKLER, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S SIXTH CAUSE OF ACTION FOR VIOLATION OF THE PRIVATE ATTORNEYS GENERAL ACT (“PAGA”) Plaintiff, v. ULTA SALON, COSMETICS & FRAGRANCE, INC., (Docs. 8, 12). 9 Defendant. / 10 11 Plaintiff Layla Peckler (“Plaintiff”) filed this wage and hour claim against Defendant Ulta 12 Salon, Cosmetics & Fragrance, Inc. (“Ulta” or “Defendant”) on July 28, 2017. (Doc. 1). Thereafter, 13 the parties consented to the jurisdiction of the United States Magistrate Judge and the action was 14 reassigned to the Honorable Barbara A. McAuliffe for all purposes. See (Docs. 7, 10); 28 U.S.C.§ 15 636(c); Fed. R. Civ. P. 73; see also L.R. 301, 305. 16 Presently before the Court is Defendant’s Motion to Dismiss Plaintiff’s sixth cause of action 17 for violation of the Private Attorneys’ General Act (“PAGA”) on the ground that the claim is time- 18 barred by the applicable one-year statute of limitations. Code Civ. Proc. § 340(a). On September 29, 19 2017, Plaintiff filed a notice of non-opposition to the motion. (Doc. 12). In light of Plaintiff’s non- 20 opposition and having considered the motion and the entire file, Defendant’s Motion to Dismiss 21 Plaintiff’s Sixth Cause of Action in the First Amended Complaint for violation of the Private 22 Attorneys General Act (“PAGA”) is GRANTED. The Sixth Cause of Action in the First Amended 23 Complaint for violation of the Private Attorneys General Act is dismissed with prejudice. The hearing 24 set for October 17, 2017 is VACATED. 25 IT IS SO ORDERED. 26 27 Dated: /s/ Barbara October 5, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

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