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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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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).

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Defendant.

/

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Plaintiff Layla Peckler (“Plaintiff”) filed this wage and hour claim against Defendant Ulta

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Salon, Cosmetics & Fragrance, Inc. (“Ulta” or “Defendant”) on July 28, 2017. (Doc. 1). Thereafter,

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the parties consented to the jurisdiction of the United States Magistrate Judge and the action was

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reassigned to the Honorable Barbara A. McAuliffe for all purposes. See (Docs. 7, 10); 28 U.S.C.§

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636(c); Fed. R. Civ. P. 73; see also L.R. 301, 305.

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Presently before the Court is Defendant’s Motion to Dismiss Plaintiff’s sixth cause of action

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for violation of the Private Attorneys’ General Act (“PAGA”) on the ground that the claim is time-

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barred by the applicable one-year statute of limitations. Code Civ. Proc. § 340(a). On September 29,

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2017, Plaintiff filed a notice of non-opposition to the motion. (Doc. 12). In light of Plaintiff’s non-

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opposition and having considered the motion and the entire file, Defendant’s Motion to Dismiss

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Plaintiff’s Sixth Cause of Action in the First Amended Complaint for violation of the Private

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Attorneys General Act (“PAGA”) is GRANTED. The Sixth Cause of Action in the First Amended

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Complaint for violation of the Private Attorneys General Act is dismissed with prejudice. The hearing

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set for October 17, 2017 is VACATED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 5, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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