Lewis

MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF’S MOTION TO REMAND (DOC. 12)

I. INTRODUCTION.

Plaintiff James Lewis (“Lewis”) brings this action alleging employment discrimination and retaliation by his employer, the City of Fresno, and various employees of the Fresno Police Department (“FPD”) based on his race, sex, marital status, and union activity. Plaintiff is an African-American male who has been employed with the FPD since 1986 and is currently a sergeant. He alleges both state and federal causes of action: 1) discrimination and retaliation pursuant to California Government Code § 12900 et seq.; 2) retaliation pursuant to California Government Code § 3502.1; 3) discrimination, harassment, and retaliation pursuant to 42 U.S.C. § 1981 ; 4) discrimination pursuant to 42 U.S.C. § 1983 ; and 5) conspiracy pursuant to 42 U.S.C. § 1985 . Plaintiff seeks compensatory and punitive damages, as well as attorney’s fees.

Plaintiff filed his complaint in the Superior Court of California, County of Fresno, on June 9, 2008. (Doc. 1.) On July 21, 2008, Defendants Dyer, Nevarez, Romo, Garner and Martinez jointly filed a removal notice which stated, “Please take notice that Defendants…