Flores

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT MITCHELL, Case No. 23-cv-04891-PCP

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

MICHAEL FLORES, Re: Dkt. No. 13 Defendant.

12 Plaintiff Robert Mitchell filed this lawsuit against defendant Michael Flores in August 2023, alleging civil harassment and requesting a temporary restraining order (TRO). After the state court granted Mitchell’s requested TRO, Flores removed this case to federal court, contending that Mitchell’s claim is preempted by federal labor law. Mitchell now asks this Court to remand the lawsuit to state court for lack of subject matter jurisdiction. Because Flores has produced evidence supporting this Court’s exercise of federal question jurisdiction and the factual disputes relating to that issue are intertwined with the merits of Mitchell’s claim, Mitchell’s motion to remand is denied. BACKGROUND Flores was formerly employed as a driver by Premier Recycle…