Gosal v. Save Mart Supermarkets et al

Filing 69

ORDER by Judge Charles R. Breyer granting 38 Motion to Dismiss; deferring ruling on 39 Motion to Strike ; denying 46 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 12/21/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 16-601 CRB

MANDEEP GOSAL,

ORDER RE MOTIONS TO STRIKE
AND DISMISS

Plaintiff,
v.
SAVE MART SUPERMARKETS,
ET AL.,
Defendants.

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On calendar for Friday, January 6, 2017, are three motions in this case: (1) a motion to
dismiss Defendant Zeke Lozano (dkt. 46); (2) a motion to dismiss Plaintiff Mandeep Gosal’s
counterclaim (dkt. 38); and (3) a motion to strike Gosal’s amended answer to Defendants’
counterclaim (dkt. 39). The Court finds this matter suitable for resolution without oral
argument, pursuant to Civil Local Rule 7-1(b), VACATES the motion hearing currently set
for January 6, 2017, SETS a status conference for the same time on January 6, 2017, and
rules as follows.
The Court DENIES the motion to dismiss Lozano: the Court deems service in this
case proper, rejects the suggestion that Plaintiff failed to prosecute Lozano, and holds that the
sixth and seventh causes of action state a claim against Lozano. The Court GRANTS
Defendants’ motion to dismiss Gosal’s counterclaim, as indemnification under Cal. Labor

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Code § 2802 is not cognizable here, and the remaining counterclaims lack merit. The Court

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SEVERS and STAYS Defendants’ counterclaim (dkt. 19),1 and therefore also STAYS

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Defendants’ motion to strike Gosal’s amended answer to that counterclaim.

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IT IS SO ORDERED.

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Dated: December 21, 2016

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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The Court also STAYS any discovery related to that counterclaim.

G:\CRBALL\2016\601\Gosal order re motions to strike and dismiss.wpd

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