Rex Alan Dinesen v. U.S. Tool Grinding, Inc.

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 Case No. 2:23-cv-04199-HDV (ASx) REX ALAN DINESEN, individually and on behalf of all others similarly situated, 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO REMAND ACTION TO v. S TATE COURT [DKT. NO. 13]

15 U.S. TOOL GRINDING, INC.; and DOES 1 through 20, inclusive, Defendants. 18

20 21 22 23 24 25 26 27 28 I. INTRODUCTION

This action arises out of a wage and hour class action and involves a request to remand the

action back to state court (the “Motion”) [Dkt. No. 13] for failure to meet the $5 million amount in

controversy requirement under the Class Action Fairness Act of 2005 (“CAFA”).

Plaintiff Rex Alan Dinesen (“Plaintiff”) argues that Defendant U.S. Tool Grinding, Inc.

(“Defendant”) cannot plausibly allege the amount in controversy, and the Court agrees based on

Defendant’s improper assumptions of overtime wage violation rates in its Removal Notice [Dkt. No.

1]. For the…