Irving v. Okonite Co.
Opinion
Lead Opinion
Wright, J.
ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [12]
I. INTRODUCTION
Pending before the Court is a Motion to Remand filed by Plaintiff Gregory Irving. (ECF No. 12.) Plaintiff argues that his state-law employment discrimination, and harassment suit was improperly removed from Santa Barbara Superior Court by Defendants The Okonite Company, Inc. (“Okonite”), Keith Summers, Sr., and Keith Summers, Jr. (collectively “Defendants”). For the reasons discussed below, the Court GRANTS Plaintiffs Motion.
*1023 II. BACKGROUND
Plaintiff was employed by Okonite from February 2006 until October 20, 2014. (Compl. ¶ 3.) Summers, Sr. was Plaintiffs supervisor, and Summers, Jr. was a non-managerial, hourly worker. (Id. ¶¶ 4-5.)
A. Racial Discrimination Allegations
During his employment at Okonite, Plaintiff was allegedly .subjected to repeated racial discrimination and harassment. (Id. ¶ 15.) Plaintiff, who is African-American, alleges that both Summers, Sr. and Summers, Jr. went out of their way to direct racial slurs at Plaintiff on a daily basis. (Id. ¶ 17.) Plaintiff was fired on October 20, 2014, and race was allegedly a substantial motivating factor in Okonite’s decision to fire him. (Id.…