Magee

Magee v. Iconix Waterworks (US), Inc.

Good Law
United States District Court, Eastern District of CaliforniaJuly 21, 20202:20-cv-00840California1,940 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 10 MICHAEL MAGEE, individually, and on No. 2:20-cv-00840-KJM-DB behalf of all other similarly situated,

Plaintiffs,

ORDER

v.

ICONIX WATERWORKS (US) INC.,

14 GREG PUCCI, and DOES 1-10 15 Defendants.

17 Plaintiff Michael Magee moves for remand. Defendant Iconix Waterworks opposes the motion. The court GRANTS plaintiff’s motion for the following reasons. I. BACKGROUND On March 3, 2020, plaintiff filed a complaint in Sacramento Superior Court on behalf of himself and a class of similarly situated individuals alleging eight violations of labor laws. See generally Compl., ECF No. 1, Ex. A. On April 24, 2020, defendants filed a notice of removal under 28 U.S.C. § 1441(a). See Not. of Removal, ECF No. 1. On May 5, 2020, plaintiff filed their motion to remand, alleging the lack of both party diversity and the required

27 1 While this is a class action case, defendants have specifically elected to remove based on this statute rather than relying on the Class Action Fairness Act. 28 U.S.C. § 1332(d). amount in…

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