William Myers, Jr. v. Freescale Semiconductor Incorp

MEMORANDUM

William Myers appeals the district court’s judgment following the dismissal on res judicata grounds of his action seeking unpaid wages from Freescale Semiconductor, Inc. We review de novo a district court’s dismissal based on res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Myers’s first contention is that this case was improperly removed to federal court. Because he did not object to removal, the only issue on appeal is “whether diversity jurisdiction would have existed if the case had been filed in the posture it had at the time” the motion to dismiss was granted. Dep’t of Fair Emp’t & Hous. v. Lucent Techs., Inc., 642 F.3d 728, 736 (9th Cir.2011). Myers’s own admissions establish that the amount in controversy was more than $75,000 at the time the motion to dismiss was granted, see Singer v. State Farm Mut. Auto. Ins. Co., 116 F.3d 373, 377 (9th Cir.1997) (“In the absence of any conflicting evidence, the plaintiffs admission established] ... the amount in controversy .... ”), and there is no dispute that the parties in this case are diverse. Accordingly, the district court had…