Bowles, Jr. v. Constellation Brands, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JERRY BOWLES, JR., No. 1:19-cv-00582-DAD-SKO Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

TO REMAND UNDER 28 U.S.C. § 1447(C)

v. AND DENYING DEFENDANTS’ MOTION

TO DISMISS UNDER FED. R. CIV. P.

CONSTELLATION BRANDS, INC., et al. 12(b)(6) and 21 Defendants. (Doc. Nos. 4, 9) 15 Plaintiff Jerry Bowles, Jr. initiated this action in the Fresno Superior Court against his former employer, Constellation Brands, Inc. dba Mission Bell Winery (“Constellation”), and his former supervisor there, Ken Putnam (“Putnam”) (collectively, “defendants”), asserting claims for defamation and wrongful termination. (Doc. No. 1, Compl.) Although plaintiff and defendant Putnam are citizens of California, defendants removed the action to this federal court on May 2, 2019, based on the theory that defendant Putnam is fraudulently joined and that, therefore, this court has diversity jurisdiction over the action. (Doc. No. 1.) Four days later,…