Theresa Monique Bowman v. Wal-Mart Stores, Inc.
Opinion
Trial Court Opinion
I. Background
This action concerns Plaintiff Theresa Monique Bowman’s employment with Defendant Wal-Mart Associates, Inc. (“Defendant”). Notice of Removal Ex. 1, Complaint (Dkt. 1-1). Plaintiff alleges that her failed to accommodate, failed to engage in an interactive dialogue, and wrongfully terminated her based on disability, medical condition, and/or retaliatory motive. See id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on June 20, 2024. Id. On August 16, 2024, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (“Notice”) (Dkt. 1).
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.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-01805-DOC-DFM Date: August 23, 2024 Page
relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district…