Free Proposed Order - District Court of California - California

Case 3:08-cv-02907-MHP

Document 29

Filed 08/11/2008

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MORGAN, LEWIS & BOCKIUS LLP DARYL S. LANDY, SBN. 136288 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2122 Tel: 650.843.4000 Fax: 650.843.4001 E-mail: [email protected] MORGAN, LEWIS & BOCKIUS LLP ANN MARIE REDING, SBN 226864 One Market Street, Spear Street Tower San Francisco, California 94105-1126 Tel: 415.442.1000 Fax: 415.442.1001 E-mail: [email protected] Attorneys for Defendant COMCAST INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL KEATING-TRAYNOR on behalf of himself and all others similarly situated; Plaintiffs, vs. AC SQUARE INC.; COMCAST INC.; AFSHIN GHANEH; ANDREW BAHMANYAR; AND DOES 1-60 INCLUSIVE; Defendants.

Case No. CV-08-2907-MHP [PROPOSED] ORDER GRANTING DEFENDANT COMCAST INC.'S MOTION TO DISMISS FRCP Rule 12(B)(6) Date: September 15, 2008 Time: 2:00 p.m. Courtroom: 15 Judge: Honorable Marilyn H. Patel

WHEREFORE, on September 15, 2008, the Motion to Dismiss Plaintiff Daniel KeatingTraynor's ("Plaintiff") First Amended Complaint filed by Defendant Comcast Inc. ("Comcast" or "Defendant") came on for regularly scheduled hearing in Courtroom Fifteen, the Honorable Marilyn H. Patel presiding. Daryl Landy of Morgan, Lewis & Bockius LLP appeared on behalf DB2/20782612.2 1
Case No. CV-08-2907-MHP [PROPOSED] ORDER GRANTING COMCAST'S MOTION TO DISMISS

Case 3:08-cv-02907-MHP

Document 29

Filed 08/11/2008

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of Comcast and Daniel Berko appeared on behalf of Plaintiff. Upon consideration of the pleadings, papers, and arguments of counsel, and with good cause shown, it is hereby ORDERED AND ADJUDGED THAT: Defendant's Motion is GRANTED. Plaintiff's First Claim for Violation of the Fair Labor Standards Act, 29 U.S.C. section 201, et seq. ("FLSA") is dismissed, without leave to amend, because it is time-barred by the FLSA's maximum three-year statute of limitations. 29 U.S.C. § 255. Plaintiff's Second Claim is also dismissed, without leave to amend, because it is timebarred by the maximum three-year statute of limitations. Harrell v. 20th Century Ins. Co., 934 F.2d 203, 208 (9th Cir. 1991) (holding applicable statute of limitations for a civil conspiracy claim is statute of limitations for underlying claim); Risk v. Kingdom of Norway, 707 F. Supp. 1159, 1170, n. 13 (N.D. Cal. 1989) (same). Accordingly, Plaintiff's First Amended Complaint against Comcast, including all class allegations, is dismissed, in its entirety, without leave to amend. IT IS SO ORDERED.

Dated: ______________________

By: _____________________________ United States District Court Judge

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Case No. CV-08-2907-MHP [PROPOSED] ORDER GRANTING COMCAST'S MOTION TO DISMISS