Mann

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SODI MANN, No. 2:24-cv-01328-DJC-AC Plaintiff, v. ORDER

PLY GEM PACIFIC WINDOWS

CORPORATION; CORNERSTONE

BUILDING BRANDS SERVICES, Inc.; and MICHAEL WELTER, 16 Defendants. 17 18 Before the Court is Plaintiff Sodi Mann’s Motion to Remand this action to California Superior Court. Defendant removed the suit on the basis of diversity jurisdiction arguing that Michael Welter, who would otherwise defeat diversity, is a “sham defendant” because the Intentional Infliction of Emotional Distress (“IIED”) claim against him fails. For the reasons presented below, the Court finds that Defendant Welter is not a sham defendant, and thus the Court lacks jurisdiction over this matter. I. Background Plaintiff’s claims against his former employer Ply Gem Pacific Windows Corporation, a subsidiary of Cornerstone Building Brands, Inc, and his former supervisor Michael Welter (collectively, Defendants), arise from the denial of…