Guinto v. Ignite Restaurant Group, Inc. et al

Filing 14

ORDER denying 8 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jeffrey T. Miller on 7/9/2014. (av1)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 SAMUEL GUINTO, CASE NO. 14cv0864 JM(JMA) 11 ORDER DENYING MOTION TO DISMISS AS MOOT 13 Plaintiff, vs. IGNITE RESTAURANT GROUP, INC., dba JOE’S CRAB SHACK, 14 Defendant. 12 Defendant Ignite Restaurant Group, Inc., dba Joe’s Crab Shack, moves to dismiss 15 16 Plaintiff Samuel Guinto’s wage and hour complaint for failure to state a claim. (Ct. 17 Dkt. 8). As Plaintiff has filed an amended complaint in response to Defendant’s 18 motion, the court denies the motion as moot because the original complaint is 19 superseded by the operative amended complaint. 20 IT IS SO ORDERED. 21 DATED: July 9, 2014 22 Hon. Jeffrey T. Miller United States District Judge 23 24 cc: All parties 25 26 27 28 -1- 14cv0864

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