Gonzalez v. The Eggo Company, Inc et al

Filing 23

ORDER by Judge Whyte granting #11 Motion to Dismiss. Plaintiff has until 8/27/2012 to file an amended complaint. (rmwlc1, COURT STAFF) (Filed on 7/30/2012)

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E-FILED on 7/30/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JAMIE GONZALEZ,

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No. C-12-02955 RMW

Plaintiff,
v.

ORDER GRANTING DEFENDANT EGGO'S
MOTION TO DISMISS

THE EGGO COMPANY, INC. DBA
KELLOGS; ECOLAB, INC.; JACOBS
ENGINEERING, INC. STATE CERTIFIED
PLUMBING; and DOES 1-100, inclusive,

[Re Docket No. 11]

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Defendants.
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Defendant The Eggo Company ("Eggo") moves to dismiss plaintiff's second, third, fourth,

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and fifth causes of action. In response, plaintiff seeks leave to amend to allege additional facts in

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support of his claims. As to the fifth cause of action for negligence, plaintiff concedes it should be

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dismissed as against Eggo. Plaintiff also seeks leave to add additional claims. Eggo does not appear

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to object to allowing plaintiff an opportunity to amend. Thus, the motion to dismiss is granted, with

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leave to amend except as to the negligence claim. Plaintiff shall have until August 27, 2012 to file

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an amended complaint.

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DATED:
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July 30, 2012
RONALD M. WHYTE
United States District Judge

ORDER GRANTING DEFENDANT EGGO'S MOTION TO DISMISS—No. C-12-02955 RMW
LJP