Simmons

Simmons v. PCR TECHNOLOGY

Good Law
209 F. Supp. 2d 1029·2002 WL 1483261·2002 U.S. Dist. LEXIS 12094
United States District Court, Northern District of CaliforniaJuly 2, 2002C02-1504 MHPCalifornia2,667 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

RE Remand to Superior Court

Plaintiff Stephen Simmons filed a complaint in California state court against his former employer, PCR Technology, alleging racial discrimination and retaliation. On March 28, 2002, defendant filed a notice of removal based on diversity jurisdiction. Now before the court is plaintiffs motion to remand. Plaintiff further moves for sanctions against defendant for improper removal. ' Having considered 'the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Plaintiff, a California resident, worked for defendant, a corporation incorporated under the laws of Delaware with its principal place of business in New Jersey. This action is based on alleged acts of racial discrimination that occurred during plaintiffs employment and eventual termination. .

Plaintiff filed a claim in the Superior Court of Alameda County on February 7, 2002 alleging discrimination under state law. Defendant removed the action to this court on March 28, 2002 on the basis of diversity jurisdiction. Plaintiff filed the instant motion to remand on April 25, 2002.

LEGAL…

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