Galvez v. Anheuser-Busch, LLC

Filing 23

ORDER signed by Senior Judge William B. Shubb on 9/19/2017 GRANTING 8 Defendant's Motion to Dismiss. The court does not reach defendant's alternative motions to compel arbitration or to stay these proceedings. Plaintiff is given 20 days from the date of this order to file an amended complaint consistent with this order. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 AZUL GALVEZ, as an individual and on behalf of all others similarly situated, 13 14 15 16 17 Plaintiff, CIV. No. 2-17-00621 WBS DB ORDER v. ANHEUSER-BUSCH, LLC, a Missouri Limited Liability Company; and DOES 1-10, Defendant. 18 19 20 ----oo0oo---Plaintiff Azul Galvez brought this collective action on 21 behalf of himself and all others similarly situated, against 22 defendant Anheuser-Busch for recovery of unpaid overtime wages 23 under the Fair Labor Standards Act (“FLSA”). 24 Defendant now moves to compel arbitration of plaintiff’s 25 individual claims, for dismissal of collective claims, or, in the 26 alternative, for immediate stay of judicial proceedings as to 27 plaintiff’s individual claims or to dismiss for failure to state 28 a claim for which relief can be granted. 1 (Compl. ¶¶ 12-14.) 1 On a motion to dismiss for failure to state a claim 2 under Rule 12(b)(6), the court must accept the allegations in the 3 pleadings as true and draw all reasonable inferences in favor of 4 the plaintiff. 5 overruled on other grounds by Davis v. Scherer, 468 U.S. 183 6 (1984); Cruz v. Beto, 405 U.S. 319, 322 (1972). 7 motion to dismiss, a plaintiff must plead “only enough facts to 8 state a claim to relief that is plausible on its face.” 9 Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), To survive a Bell While a 10 complaint “does not need detailed allegations” a plaintiff must 11 provide “more than labels and conclusions, and a formulaic 12 recitation of a cause of action’s elements” will not suffice. 13 Id. at 545. 14 To assert a plausible claim under the FLSA, plaintiffs 15 must assert “at a minimum . . . that []he worked more than forty 16 hours in a given workweek without being compensated for the hours 17 worked in excess of forty during that week.” 18 Communs., Inc., 771 F.3d 638, 645 (9th Cir. 2015)(citations 19 omitted). 20 overtime wages may “estimat[e] the length of [his] average 21 workweek during the applicable period and the average rate at 22 which []he was paid, the amount of overtime wages []he believes 23 []he is owed, or any other facts that will permit the court to 24 find plausibility.” 25 Landers v. Quality To survive a motion to dismiss, a plaintiff seeking Id. Plaintiff’s allegation that defendants’ unlawful 26 policies and practices resulted in “depriving him of all required 27 overtime wages earned in excess of 40 hours per workweek under 28 the FLSA” is conclusory. (Compl. ¶ 12). 2 While plaintiff does 1 not have to allege “’with mathematical precision’ the amount of 2 overtime compensation owed by the employer,” plaintiff does not 3 provide a given workweek where he was not compensated overtime 4 wages as required under Landers. 5 (citation omitted). 6 information regarding the amount of time he worked, the dates he 7 worked, or the type of work he was asked or required to perform. 8 Without more, the court cannot determine that the complaint is 9 not merely possible but plausible. See Landers, 771 F.3d at 646 Plaintiff does not provide any specific See id. (“Although these 10 allegations ‘raise the possibility’ of undercompensation in 11 violation of the FLSA, a possibility is not the same as 12 plausibility.”). 13 The motion to dismiss the Complaint must therefore be 14 granted. 15 motions to compel arbitration or to stay these proceedings. 16 Plaintiff requests leave to amend to address any defects in the 17 Complaint. 18 will be futile, will prejudice them, or will cause undue delay. 19 Plaintiff will therefore be given leave to amend the Complaint. 20 The court does not reach defendant’s alternative Defendants do not argue that granting leave to amend IT IS THEREFORE ORDERED that defendant’s motion to 21 dismiss be, and the same hereby, is GRANTED. 22 20 days from the date of this order to file an amended complaint 23 consistent with this order. 24 Dated: September 19, 2017 25 26 27 28 3 Plaintiff is given

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