David Wagner v. Wal-Mart Associates, Inc.

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JS-

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United States District Court Central District of California

11 DAVID WAGNER, Case № 5:23-cv-00030-ODW (KKx)

Plaintiff, ORDER REMANDING CASE

v.

14 WAL-MART ASSOCIATES, INC.,

15 Defendant.

16 I. INTRODUCTION On November 16, 2022, Plaintiff David Wagner initiated this action against 19 Defendant Wal-Mart Associates, Inc. in state court for damages and penalties arising 20 from Wal-Mart having terminated his employment while he was out sick with 21 COVID-19. (Notice of Removal (“NOR”) ¶ 6, ECF No. 1; NOR Ex. 1 (“Compl.”), 22 ECF No. 1-1.) On January 6, 2023, Wal-Mart removed the action to this Court based 23 on diversity jurisdiction. (See NOR ¶¶ 9–32.) For the following reasons, the Court 24 finds Wal-Mart fails to establish that the amount in controversy exceeds $75,000 and 25 accordingly REMANDS the case. 26 27 1 The paragraph numbering in the NOR is irregular. For the purpose of this Order, the Court cites to 28 the paragraphs in the NOR as they appear, without adjusting for the irregularities, and,…