Clower v. Costco Wholesale Corporation ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JORDAN CLOWER, Case No. 1:23-cv-01621-NODJ-HBK individually and on behalf of all others 12 similarly situated, ORDER GRANTING PLAINTIFF’S CONSTRUED MOTION TO AMEND 13 Plaintiff, 14 v. (Doc. No. 23) 15 COSTCO WHOLESALE CORPORATION, 16 Defendant. 17 18 19 On February 22, 2024, Plaintiff Jordan Clower (“Plaintiff”) filed a Notice of Withdrawal 20 of Regular Rate of Pay Claims in Plaintiff’s First Amended Complaint. (Doc. No. 23, “Motion”). 21 Plaintiff advises that she is withdrawing her claims based on Defendant’s failure to properly 22 calculate the regular rate of pay as advanced in her First Amended Complaint (Doc. No. 14) filed 23 on December 12, 2023. Accordingly, Plaintiff seeks to have Paragraphs 23-27, and 32 withdrawn 24 from her First Amended Complaint. (Doc. No. 23 at 2). As of the date of this Order, Defendant 25 has filed neither a response or notice on non-opposition to the Motion and the time do so has 26 expired. Local Rule 230(c). Consistent with this Court’s Local Rules, the Court construes 27 Defendant’s failure to respond o the Motion as a non-opposition. (Id.). 28 The Court construes the Plaintiff’s Motion to dismiss Plaintiff’s regular rate of pay claim 1 | as □ motion to amend the First Amended Complaint under Federal Rule of Civil Procedure 2 | 15(a)(2). Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th Cir. 2005) 3 | (Rule 15(a) “is appropriate mechanism” when party is eliminating an issue or one or more claims 4 | but not completely dismissing a defendant). Finding no opposition from Defendants and no 5 | factors to deny the requested relief, see e.g., CLF. v. Capistrano Unified School District, 654 F.3d 6 | 975, 985 (9th Cir. 2011) (policy to amend should be applied with “extreme liberality”), the Court 7 | will grant the Motion. 8 ACCORDINGLY, it is ORDERED: 9 1. Plaintiffs construed motion to amend (Doc. No. 23) is GRANTED. 10 2. Paragraphs 23-27, and 32 of Plaintiff's First Amended Complaint (Doc. No. 14) are 11 withdrawn. 12 'S | Dated: _ March 7, 2024 law Nh. fareh Base □□□ 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28