Vasserman

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND AND DENYING DEFENDANT’S MOTION TO DISMISS AS MOOT

On June 18, 2014, Tanya Vasserman filed this putative class action in Los Ange-les Superior Court against Henry Mayo Newhall Memorial Hospital (“Newhall Memorial”) and various fictitious defendants, alleging violations of state wage and hour laws’. 1 Newhall Memorial removed the action on August 8, 2014, invoking the court’s federal question jurisdiction under 28 U.S.C. § 1331 , and diversity jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332 (d). 2 Newhall Memorial asserts the court has federal question jurisdiction because Vas-serman’s state law claims are preempted by the Section 301 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 185 . 3 It asserts additionally that if no federal question is presented, there is minimal diversity and the amount in controversy exceeds $5 million.

■ On September 8, 2014, Vasserman filed a motion to remand the action to Los Angeles Superior Court for lack of subject matter jurisdiction. 4 The same day, New-hall Memorial filed a motion to dismiss Vasserman’s complaint for failure to grieve and…