Brian Keister v. Lhoist North America of Arizona, Inc.
Opinion
Trial Court Opinion
I.
FACTUAL AND PROCEDURAL BACKGROUND
On September 12, 2022, Plaintiff Brian Keister filed a Complaint against Defendant Lhoist North America of Arizona, Inc. (“Lhoist”) in Los Angeles County Superior Court. Ntc. of Removal, Ex. A (“Complaint”) [Doc. # 1-1]. Keister, a former employee of Lhoist, alleges various employment and disability discrimination claims relating to his termination from the company after he renewed his intermittent medical leave due to a hernia in his chest which caused him breathing problems. Compl. ¶ 12.
The Complaint states that the amount demanded is “over $25,000.00.” Compl. at 6.1 Keister seeks compensatory damages including, but not limited to, past and future economic and non-economic damages, declaratory and injunctive relief, including reinstatement, reasonable attorneys’ fees, cost of suit, exemplary and punitive damages, and any other relief the court considers proper. Id. at 29–30 (Prayer for Relief).
On October 31, 2022, Lhoist filed a Notice of Removal to this Court on the basis of diversity jurisdiction. Ntc. of Removal [Doc. # 1.].
On November 30, 2022, Keister filed a motion to remand this case to state court. [Doc. # 10.]
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