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HOWERTON v. EARTHGRAINS BAKING COMPANIES, INC.

Case No. 1:13-CV-1397 AWI SMS.

DARREN HOWERTON, Plaintiff v. EARTHGRAINS BAKING COMPANIES, INC., a Delaware corporation; SARA LEE CORPORATION; GRUPO BIMBO, S.A.B. de C.V.,; CHUCK LINTHICUM; KIMBERLY ZEPEDA; and DOES 1 through 20 inclusive, Defendants

United States District Court, E.D. California.

June 17, 2014.

Attorney(s) appearing for the Case

Darren Howerton, Plaintiff, represented by Peter Sean Bradley, Penner & Bradley & Stephen R. Cornwell, Cornwell & Sample, Llp.

Earthgrains Baking Companies, Inc., Defendant, represented by Michael Hoffman, Arena Hoffman LLP & Ronald David Arena, Arena Hoffman LLP.

Sara Lee Corporation, The Hillshire Brands Company, Defendant, represented by Michael Hoffman, Arena Hoffman LLP & Ronald David Arena, Arena Hoffman LLP.

Grupo Bimbo, S.A.B. de C.V., Defendant, represented by Michael Hoffman, Arena Hoffman LLP & Ronald David Arena, Arena Hoffman LLP.

Chuck Linthicum, Defendant, represented by Michael Hoffman, Arena Hoffman LLP & Ronald David Arena, Arena Hoffman LLP.

Kimberly Zepeda, Defendant, represented by Michael Hoffman, Arena Hoffman LLP & Ronald David Arena, Arena Hoffman LLP.

ORDER RE: MOTION TO DISMISS

ANTHONY W. ISHII, District Judge.

I. Background1

Plaintiff Darren Howerton was an employee of a baking facility in Fresno, CA ("Fresno Bakery") starting in 1987. Plaintiff was a Receiving Clerk and his duties included accounting for the flour received and used. Defendants Chuck Linthicum and Kimberly Zepeda were plant managers at the Fresno Bakery. Plaintiff alleges that the equipment...

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