Case No. 14-cv-01788-JST 09-03-2014 JUAN BETANCOURT, Plaintiff, v. ADVANTAGE HUMAN RESOURCING, INC., Defendant. JON S. TIGAR United States District Judge ORDER DENYING MOTION TO DISMISS In this putative class action for unpaid wages and related claims, Defendant Advantage Human Resourcing, Inc. ("Advantage") moves to dismiss Plaintiff Betancourt's complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion to dismiss is DENIED. I. BACKGROUND
(a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or
(a)Time to file (1) An appellant must serve and file its opening brief within: (A) 40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court; or (B) 70 days after the filing of a rule 8.124 election, if the appeal proceeds without a reporter's transcript. (2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after