Corey Saucier v. Portfolio One, Inc.
Opinion
trial_court Opinion
I. Background
This action concerns Plaintiff Corey Saucier’s employment with Defendants Portfolio One, Inc., Abercrombie & Fitch Stores, Inc., and Abercrombie & Fitch Co. (“Defendants”). Notice of Removal Ex. A, Complaint (Dkt. 1-1). Plaintiff alleges that following a two-day modeling contract with Defendants on February 4 and 5, 2020, Defendants failed to timely pay Plaintiff his wages and did not pay Plaintiff his wages until May 15, 2020. See id.
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on July 19, 2023. Id. On April 8, 2024, Abercrombie Defendants removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Notice”) (Dkt. 1).
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-00779-DOC-JDE Date: April 12, 2024 Page 2
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 the…