James Vincent Gregg II v. Swift Transportation Co. of Arizona, LLC

I. Background

This action concerns Plaintiff James Vincent Gregg II’s employment with Defendant Swift Transportation Co. of AZ LLC (“Defendant”). Notice of Removal Ex. A, Complaint (Dkt. 1-2). Plaintiff alleges that his employer created a hostile work environment and committed various labor code violations. See id.

Plaintiff originally filed suit in the Superior Court of California, County of Orange, on December 5, 2023. Id. On January 11, 2024, 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 relevant part that “any civil action brought in a State court of which the district courts of

CIVIL MINUTES – GENERAL

Case No. 8:24-cv-00065-DOC-ADS Date: January 16, 2024 Page 2

the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division…