Edward Avilez v. J.B. Hunt Transport, Inc.
Opinion
Trial Court Opinion
I. Background
Plaintiff alleges that Defendant J.B. Hunt Transport, Inc. (“Defendant”) wrongfully terminated him on September 23, 2023. Notice of Removal Ex. A (“Compl.”) (Dkt. 1-1) at ¶¶ 5-6.1 Plaintiff then filed this lawsuit, alleging discrimination, retaliation, wrongful termination, failure to prevent discrimination, harassment, and retailiation, failure to engage in a good faith interactive process, failure to pay wages due, and failure to provide meal and rest breaks. See id. at ¶¶ 10-25.
Plaintiff originally filed suit in the Superior Court of California, County of San Bernardino, on February 21, 2024. See id. at ¶ 28. On May 21, 2024, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (“Not.”) (Dkt. 1).
1 The Complaint alternates between alleging the date of termination was September 23, 2022 and September 23, 2023. Defendant’s Motion to Dismiss uses the 2022 date.
CIVIL MINUTES – GENERAL
Case No. 5:24-cv-01087-DOC-PD Date: May 30, 2024 Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”…