Barreras v. Michaels Stores, Inc.
ORDER by Judge Hamilton denying 20 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 11/29/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
No. C 12-4474 PJH
ORDER DENYING MOTION TO
DISMISS AND/OR STRIKE
MICHAELS STORES INC.,
Defendant’s motion to dismiss and/or strike plaintiff’s first amended complaint came
on for hearing before this court on November 28, 2012. Plaintiff Irene Barreras (“plainitff”)
appeared through her counsel, Dennis Hyun and Edward Choi. Defendant Michaels Stores
appeared through its counsel, Laura Maechtlen. Having read the papers filed in
conjunction with the motion and carefully considered the arguments and the relevant legal
authority, and good cause appearing, the court hereby DENIES defendant’s motion, for the
reasons stated at the hearing, and summarized as follows.
Defendant’s motion is primarily based on the argument that the putative classes, as
defined by plaintiff in her complaint, do not meet the requirements of Rule 23. But whether
or not those arguments are meritorious, they are premature at the pleading stage, and are
better raised in opposition to plaintiff’s anticipated motion for class certification. See, e.g.,
In re Wal-Mart Stores, Inc. Wage and Hour Litig., 505 F.Supp.2d 609 (N.D. Cal. 2007).
IT IS SO ORDERED.
Dated: November 29, 2012
PHYLLIS J. HAMILTON
United States District Judge
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