Avila

I. INTRODUCTION

15 This is a wage and hour putative class action first initiated by Plaintiff Maria Avila (“Plaintiff”)

16 in the Tulare Superior Court. After Plaintiff filed the operative First Amended Complaint (the “FAC”)

17 for herself, as well as on behalf of other members of the general public similarly situated and on behalf

18 of other aggrieved employees pursuant to the California Private Attorneys General Act (“PAGA”),

19 Defendant Rue21, Inc. (“Defendant”) removed the case to this Court pursuant to the Class Action

20 Fairness Act (“CAFA”), 28 U.S.C. § 1332(d), on July 30, 2019. ECF No. 1. “A motion to remand is the

21 proper procedure for challenging removal.” Moore-Thomas v. Alaska Airlines, Inc., 553 F.3d 1241,

1 It has come to the Court’s attention that the original order, ECF No. 10, contained a mathematical error. This order, which 25 supersedes the or iginal, corrects that error and makes additional changes to address the critical jurisdictional issues. Remand on August 29, 2019, as required by 28 U.S.C. § 1447(c). ECF No. 4. In particular, Plaintiff

contends that the removal was untimely and that Defendant has failed to meet its…