Flores

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NESTOR GIOVANNI RODRIGUEZ Case No. 23-cv-05304-PCP

ESCALANTE,

8 Plaintiff, ORDER DENYING MOTION TO REMAND v. Re: Dkt. No.

MICHAEL FLORES,

11 Defendant.

12 Plaintiff Nestor Giovanni Rodriguez Escalante filed this lawsuit against defendant Michael Flores in September 2023 alleging harassment and requesting a temporary restraining order (TRO). After the state court granted Escalante’s requested TRO, Flores removed the case to federal court, contending that Escalante’s claim is preempted by federal labor law. Escalante now asks this Court to remand the lawsuit to state court for lack of subject matter jurisdiction. The facts and procedural history in this case are nearly identical to those in the related case Mitchell v. Flores. After participating in a three-day strike protesting his employer Premier’s purported unfair labor practices in May 2023, Flores was fired in August 2023. Since his firing, Flores has…