Jordan Orozco Madero v. McLane Foodservice Inc.

I.

INTRODUCTION

On January 12, 2024, plaintiffs Jordan Orozco Madero and Esteban Orosco (“Plaintiffs”) filed a Class Action Complaint against their former employer, defendant McLane Foodservice, Inc. (“Defendant”), alleging violations of the Fair Labor Standards Act (“FLSA”), California Labor Code, and California Business and Professions Code in Madero, et al. v. McLane Foodservice, Inc., 5:24-0073-KK-DTB (“Madero I”). Madero I, ECF Docket No. (“Dkt.”) 1.

On March 15, 2024, Plaintiffs commenced the instant action by filing a Representative Action Complaint (“Complaint”) in Orange County Superior Court against Defendant, alleging wage and hour violations under the Private Attorneys General Act of 2004, California Labor Code § 2699 et seq. (“PAGA”). Dkt. 1 at 21-27, Ex. A. On May 8, 2024, Defendant removed the instant action to this Court. Id. at 1-20. On May 10, 2024, Plaintiffs filed a Motion to Remand. Dkt. 9. On May 15, 2024, Defendant filed a Motion to Dismiss. Dkt. 13.

The Court finds these matters appropriate for resolution without oral argument. See FED. R. CIV. P. 78(b); L.R. 7-15. For the reasons set forth below, Plaintiffs’ Motion to Remand is GRANTED and…