Lamke
Lamke v. Sunstate Equipment Co., LLC
Opinion
Opinion
Chen, J.
ORDER DENYING PLAINTIFF’S MOTION TO REMAND AND GRANTING DEFENDANT’S REQUEST FOR JUDICIAL NOTICE (Docket Nos. 12,18)
Having considered the parties’ briefing and accompanying submissions, as well as the oral argument of counsel, the Court hereby DENIES Plaintiff Joseph Lamke’s motion to remand. The Court also denies Mr. Lamke’s request for attorney’s, fees pursuant to 28 U.S.C. § 1447 (c).
I. FACTUAL & PROCEDURAL BACKGROUND
On September 29, 2003, Mr. Lamke filed suit against Defendant Sunstate Equipment Co., LLC (“Sunstate”). More specifically, Mr. Lamke asserted claims for (1) negligence, (2) breach of implied contract, (3) breach of the covenant of good faith and fair dealing, (4) fraud and deceit, and (5) wrongful termination in violation of public policy. Subsequently, Sunstate removed the case to federal court and Mr. Lamke then filed a motion to remand to state court. This is the motion currently pending before this Court.
In his complaint, Mr. Lamke alleges the following facts: He was employed by Sunstate as a sales manager for almost five years and had a history of positive reviews and promotions with the company. See Compl. ¶¶ 1, 7. In spite of this, on or about August…