Leiva

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER LEIVA, Case No. 2:25-cv-01956-CSK Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v. AMENDED MOTION TO DISMISS AND

DENYING PLAINTIFF’S MOTION TO

K.W. EMERSON, INC., et al., REMAND Defendants. (ECF Nos. 6, 16) 16 Pending before the Court are Defendant K.W. Emerson, Inc.’s amended motion to dismiss (ECF No. 6) and Plaintiff Walter Leiva’s motion to remand (ECF No. 16).1 A hearing was held on both motions on October 21, 2025. (ECF No. 20.) Attorney Mariam Ghazaryan appeared on behalf of Plaintiff and attorney Matthew Green appeared on behalf of Defendant. Id. For the reasons that follow, the Court GRANTS IN PART AND DENIES IN PART Defendant’s amended motion to dismiss and DENIES as moot Plaintiff’s motion to remand. / / / / / /

26 This case proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) for all purposes, including the entry of judgment, pursuant to the…