Marvin Janis Morris v. Vopak Terminal Los Angeles Inc.

Case 2:22-cv-06505-DSF-PVC Document Filed 10/20/ Page 1 of Page ID #:598

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

MARVIN JANIS MORRIS, CV 22-6505 DSF (PVCx) individually and on behalf of all others similarly situated, Order DENYING Motion to Plaintiff, Remand; Order GRANTING Motion to Dismiss (Dkt. 12, 14) v.

VOPAK TERMINAL LOS

ANGELES, INC., et al., Defendants.

This matter was removed from state court based on complete preemption under the Labor Management Relations Act (LMRA). Plaintiff moves to remand. Plaintiffs argues that the removal was beyond the 30-day limit for removal and that LMRA preemption does not apply. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for October 24, 2022 is removed from the Court’s calendar.

I. Timeliness of Removal

The removal was within the 30-day limit. Defendants’ removal argument is that all claims in Plaintiff’s complaint require interpretation of the collective bargaining agreement (CBA) that Plaintiff is a party to. The 30-day window begins to run based on allegations in a complaint…