Romero

*554 MEMORANDUM **

Eddy Romero (“Romero”) appeals the district court’s decision to dismiss his complaint pursuant to Rule 12(b)(6) on the basis that Section 301 of the Labor and Management Relations Act (“LMRA”), 29 U.S.C. § 185 , preempts all of his state law claims. Because Section 301 does not preempt any of Romero’s claims, we REVERSE and REMAND with instructions that the district court remand this matter to state court.

I. Factual and Procedural Background

Romero began working for Appellee San Pedro Forklift (“San Pedro”) in 1989 as a forklift operator. Subsequently, he received various raises and a promotion to foreman. He alleges that in 1993 Appellee Peter Balov (“Balov”), President of San Pedro, presented him with a document purporting to establish a pension plan for Romero. Balov allegedly promised Romero that San Pedro would contribute to this pension plan on his behalf. Romero contends that he actually and reasonably relied on this agreement and throughout his employment Balov assured him that the pension plan was in place and being funded. Romero was fired in November 2004. He claims that shortly before his termination he inquired into the status of his pension…