Barreras v. Michaels Stores, Inc.

Filing 24

ORDER by Judge Hamilton denying 20 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 11/29/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRENE BARRERAS,
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Plaintiff(s),

No. C 12-4474 PJH

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v.
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ORDER DENYING MOTION TO
DISMISS AND/OR STRIKE

MICHAELS STORES INC.,
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Defendant(s).
___________________________________/

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Defendant’s motion to dismiss and/or strike plaintiff’s first amended complaint came

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on for hearing before this court on November 28, 2012. Plaintiff Irene Barreras (“plainitff”)

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appeared through her counsel, Dennis Hyun and Edward Choi. Defendant Michaels Stores

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appeared through its counsel, Laura Maechtlen. Having read the papers filed in

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conjunction with the motion and carefully considered the arguments and the relevant legal

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authority, and good cause appearing, the court hereby DENIES defendant’s motion, for the

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reasons stated at the hearing, and summarized as follows.

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Defendant’s motion is primarily based on the argument that the putative classes, as

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defined by plaintiff in her complaint, do not meet the requirements of Rule 23. But whether

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or not those arguments are meritorious, they are premature at the pleading stage, and are

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better raised in opposition to plaintiff’s anticipated motion for class certification. See, e.g.,

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In re Wal-Mart Stores, Inc. Wage and Hour Litig., 505 F.Supp.2d 609 (N.D. Cal. 2007).

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IT IS SO ORDERED.

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Dated: November 29, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge