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DENNY'S, INC. v. CAKE

No. CIV.A. 702-2968-20.

247 F.Supp.2d 813 (2003)

DENNY'S, INC., in its fiduciary capacity as plan administrator; Denny's, Inc., Vacation Pay Plan; Andrew F. Green, in his capacity as trustee of the Denny's, Inc. Employee Benefits Trust; and Denny's, Inc. Employee Benefits Trust, Plaintiffs, v. Chuck CAKE, in his capacity as Acting Director of the California Department of Industrial Relations and Arthur Lujan, in his capacity as the Labor Commissioner of the State of California, Defendants.

United States District Court, D. South Carolina, Spartanburg Division.

February 27, 2003.

Attorney(s) appearing for the Case

Perry D. Boulier, Esquire, Holcombe, Bomar, Gunn and Bradford, P.A., Spartanburg, SC, for Plaintiff/Petitioner.

Miles E. Locker, Esquire, Susan A. Dovi, Esquire, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, Wendy B. Cartledge, Esquire, General Counsel, S.C. Department of Labor, Licensing and Regulation, for Defendant/Respondent.

ORDER

HERLONG, District Judge.

This matter is before the court on the defendants' motion to dismiss pursuant to Rule 12(b)(2), (3), and (6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the court grants the defendants' motion to dismiss.

I. PROCEDURAL AND FACTUAL BACKGROUND

Denny's, Inc. ("Denny's") is a national restaurant chain that employs approximately thirty thousand people. Denny's, with its principal place...

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