Rosalba Hernandez v. Amcor Flexibles LLC

I. FACTUAL AND PROCEDURAL BACKGROUND1

Plaintiff was employed by Amcor from May 1999 until her termination on September 8, 2022. According to Plaintiff’s First Amended Complaint (“FAC”), Plaintiff suffered a work-related injury on August 1, 2022. FAC ¶ 11. Plaintiff was unable to complete her shift and left early. Id. On August 2, 2022, Plaintiff sought medical attention for her injury, and was given a doctor’s note prescribing three days off from work to recover. Id. at ¶ 12. On that same day, she alleges that she informed Defendant Paulette Perez, Manager of Human Resources, about her injury and sent Defendant Perez a photo of her doctor’s note. Id. at ¶¶ 3, 12. Plaintiff alleges that, on or around August 3, 2022, Safety Manager Christian contacted her and insisted she visit a clinic designated by Amcor’s insurance provider. Id. at ¶ 13. Plaintiff informed Christian that she was in too much pain to drive, and Christian arranged for an Uber to transport Plaintiff to the clinic where she was again treated for her injury. Id. 1In light of the standard for fraudulent joinder, the Court considers the additional facts set Plaintiff claims that, on August 4, 2022, …