David Palacios v. Penske Logistics, LLC

I. Background

Plaintiff filed the instant action in San Bernardino County Superior Court on August 3, 2023. Plaintiff completed service of the summons and complaint upon all Defendants on August 23, 2023. Defendants timely removed to federal court, asserting subject matter jurisdiction under 28 U.S.C. § 1332(a)(1). Defendants contend that although Plaintiff’s complaint names two non-diverse parties, Kandis Curtis and Justin Koi, both are sham defendants whose inclusion does not preclude federal jurisdiction. [Notice of Removal (Dkt. 1)]. Plaintiff is a former employee of Defendants Penske Truck Leasing Co, L.P. (“Penske Leasing”) and Penske Logistics LLC (“Penske Logistics”). Defendants Curtis and Kooi were Plaintiff’s supervisors during his employment. Plaintiff brings seven causes of action against Penske Leasing and Penske Logistics for violations of California’s Fair Housing and Employment Act (FEHA), California Labor Code, and related state law provisions. Defendants Kurtis and Kooi are named only in Plaintiff’s seventh cause of action for intentional infliction of emotional distress.

II. Legal Standard

A defendant may remove any civil action over which the…