Gonzalez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 David Gonzalez, No. 2:21-cv-00287-KJM-JDP Plaintiff, ORDER v. California Highway Patrol, et al., Defendants. 16 Plaintiff David Gonzalez eliminated his federal law claims in his first amended complaint. First Am. Compl. (FAC), ECF No. 6. He now moves to remand this action to San Joaquin County Superior Court. Mot. to Remand (Mot.), ECF No. 7. As explained below, the court grants the motion. According to the operative complaint, BNSF Railway (BNSF) employs Mr. Gonzales as anengineer.! FAC § 8. In August 2019, Mr. Gonzales was working when a BNSF train struck 23 and killed a person crossing the railroad tracks. Id. J§ 8-9. Despite not having jurisdiction, California Highway Patrol (CHP) officers, Angel Arceo and others, arrived on scene and ' The acronym BNSF is not defined in the complaint. Plaintiff’s complaint states his employer is “BNSF railroad” but…