Patel

Patel v. Nike Retail Services, Inc.

Good Law
58 F. Supp. 3d 1032·2014 WL 3611096·2014 U.S. Dist. LEXIS 98918
United States District Court, Northern District of CaliforniaJuly 21, 2014Case No. 14-cv-00851-JSTCalifornia7,520 words

Opinion

Lead Opinion

Tigar, J.

Re: ECF No.

ORDER GRANTING MOTION TO REMAND

I. INTRODUCTION

Defendant Nike Retail Services, Inc. removed this action from the Alameda County Superior Court on diversity jurisdiction grounds. ECF No. 1. Plaintiff Payal Patel now moves to remand it. ECF No. 12. At issue is whether the federal “amount in controversy” requirement has been satisfied. The matter came for hearing on May 8, 2014.

The Court will grant the motion.

II. BACKGROUND

A. Procedural and Factual History

Plaintiff alleges that she was employed by Defendant as an Assistant Store Manager from November 2010 to August 2013. Complaint ¶ 4 (Exh. A to Notice of Removal, ECF No. 1). In November 2013, she brought an action against her former employer, asserting claims under California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 , et seq., failure to pay overtime compensation in violation of Cal. Labor §§ 510, 1194 & 1198, failure to provide accurate wage statements in violation of Cal. Labor Code § 226 , failure to make timely wage payments in violation of California Labor Code §§ 201-03, and a cause of action pursuant to California Private Attorney General Act (“PAGA”), Cal Lab. Code § 2698, et…

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