Manuel Magallon v. XPO Logistics Freight, Inc.
Opinion
Trial Court Opinion
I. Background
The following facts are drawn from Plaintiff Manuel Magallon’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-2). This action concerns Plaintiff’s employment with XPO Logistics Freight, Inc. (“Defendant”). Compl. ¶ 1. Plaintiff alleges that he was discriminated against and ultimately terminated due to his age and disability from a workplace injury. See generally id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on August 20, 2021. On October 4, 2021, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1).
CIVIL MINUTES – GENERAL
Case No. SA CV 21-01644-DOC-ADS Date: January 5, 2022 Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the…