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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 IRENE BARRERAS, 6 Plaintiff(s), No. C 12-4474 PJH 7 v. 8 ORDER DENYING MOTION TO DISMISS AND/OR STRIKE MICHAELS STORES INC., 9 10 Defendant(s). ___________________________________/ 11 Defendant’s motion to dismiss and/or strike plaintiff’s first amended complaint came 12 on for hearing before this court on November 28, 2012. Plaintiff Irene Barreras (“plainitff”) 13 appeared through her counsel, Dennis Hyun and Edward Choi. Defendant Michaels Stores 14 appeared through its counsel, Laura Maechtlen. Having read the papers filed in 15 conjunction with the motion and carefully considered the arguments and the relevant legal 16 authority, and good cause appearing, the court hereby DENIES defendant’s motion, for the 17 reasons stated at the hearing, and summarized as follows. 18 Defendant’s motion is primarily based on the argument that the putative classes, as 19 defined by plaintiff in her complaint, do not meet the requirements of Rule 23. But whether 20 or not those arguments are meritorious, they are premature at the pleading stage, and are 21 better raised in opposition to plaintiff’s anticipated motion for class certification. See, e.g., 22 In re Wal-Mart Stores, Inc. Wage and Hour Litig., 505 F.Supp.2d 609 (N.D. Cal. 2007). 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: November 29, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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