Patel

ORDER

This case is brought by two former employees (“plaintiffs”) of defendant Sugen, Inc (“Sugen”), on behalf of a putative class of former Sugen employees. Sugen has ceased operations.

Plaintiffs’ claims arise out of a dispute as to the correct amount of certain payments made at the end of their employment. Two payments are in dispute: One was paid as severance (the “severance payment”); the other, which the court will refer to as the “incentive payment,” was a pro-rated share of each employee’s bonus for the months worked in 2003 before termination.

Plaintiffs filed suit in California state court seeking three elements of claimed damages: (1) the difference between their actual severance payments and the (larger) severance payments to which they claim to be entitled; (2) the difference between their actual incentive payments and the (larger) incentive payments to which they claim to be entitled; and (3) recovery for fraud and misrepresentation claims related to these disputes. Compl. (Doc. # 1 Ex. A). Defendants, contending that plaintiffs’ claims of entitlement trace only to plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), removed the case to…