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McTIMMONDS v. ALCOHOL & DRUG TESTING SERVICES, LLC

Civ. No. 2:14-2124 WBS KJN.

DANIEL McTIMMONDS, Plaintiff, v. ALCOHOL & DRUG TESTING SERVICES, LLC, and DOES 1 through 20 Inclusive, Defendants.

United States District Court, E.D. California.

December 3, 2014.

Attorney(s) appearing for the Case

Daniel McTimmonds, Plaintiff, represented by Howard Leigh Churchill , Law Office of Howard L Churchill.

Alcohol & Drug Testing Services, LLC, Defendant, represented by Jacob D. Flesher , Flesher Mckague Llp, Jason W. Schaff , Flesher Mckague Llp & Jeremy James Schroeder , Flesher Mckague LLP.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

WILLIAM B. SHUBB, District Judge.

Plaintiff brought this diversity action against defendant Alcohol and Drug Testing Services, LLC ("ADTS") to recover for emotional distress he suffered as a result of defendant's alleged tortious acts during a random alcohol drug screening procedure. Defendant now moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon...

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