Jackie Nunez v. Wal-Mart Associates, Inc.
Opinion
Trial Court Opinion
I. Background
This action concerns Plaintiff Jackie Nunez’s employment with Defendant Wal- Mart Associates Inc. (“Defendant” or “Walmart”). Complaint (Dkt. 1-1) ¶ 12. Plaintiff alleges that Walmart wrongfully terminated her after Plaintiff’s complaints regarding discrimination and harassment due to her gender, gender identity, and gender expression. See id. ¶ 4–5.
Plaintiff originally filed suit in the Superior Court of California, County of San Bernardino, on May 9, 2023. Id. On June 28, 2023, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Notice”) (Dkt. 1).
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
CIVIL MINUTES – GENERAL
Case No. 5:23-cv-01253-DOC-KES Date: October 17, 2023 Page
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…