Johnell Harris, Jr. v. Venture Transport, LLC

Case 2:22-cv-03809-DMG-AFM Document Filed 07/06/ Page 1 of Page ID #:200

UNITED STATES DISTRICT COURT REMAND / JS-

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 22-3809-DMG (AFMx) Date July 6, 2022

Title Johnell Harris, Jr. v. Venture Transport, LLC Page 1 of

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present

Proceedings: IN CHAMBERS—ORDER RE PLAINTIFF’S MOTION TO REMAND [13]

On June 3, 2022, Defendant Venture Transport, LLC removed Plaintiff Johnell Harris, Jr.’s Complaint to this Court from the Ventura County Superior Court. [Doc. # 1.] The purported basis for Defendant’s removal is that Plaintiff’s state-law wage and hour claims are completely preempted by 49 U.S.C. section 31141, as interpreted by the Federal Motor Carrier Safety Administration (“FMSCA”). See 83 Fed. Reg. 67470 (finding California’s meal and rest break rules, as applied to commercial vehicle drivers,…