Todd Fisher v. Osmose Utilities Services, Inc.

I. BACKGROUND

23 Plaintiff filed the complaint initiating this action in the Tulare County Superior Court on 24 November 5, 2018. (ECF No. 1-2 at 1.) The complaint alleges wage and hour violations under 25 California law against Defendant on behalf of Plaintiff and a putative class “of all other persons 26 employed directly by Defendant who were not paid wages pursuant to California law prior and 27 subsequent to the date this action was filed.” (ECF No. 1-2 at 3.) Specifically, Plaintiff alleges 28 class claims for meal and rest breaks, failure to provide accurate wage statements, failure to pay all wages owed upon termination, and unfair business practices. On December 12, 2018, Defendant filed its answer in Tulare Superior Court (see ECF No. 1-3), and on December 13, 2018, Defendant removed the action to federal court on the basis of the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2, (5) (see ECF No. 1). On March 6, 2019, the parties filed their Joint Scheduling Report. In the report, Plaintiff stated: “Plaintiff has yet to amend the complaint to add PAGA allegations but plans to do so subject to Defendant’s agreement to allow Plaintiff…