Erika Nolff v. Performance Food Group Inc

I. INTRODUCTION

On July 1, 2019, Erika Nolff (“Plaintiff”) filed a complaint against Defendant Performance Food Group, Inc. (“PFG’”) alleging common law and statutory claims based on discrimination in the workplace. On August 7, 2019, PFG removed the action to this Court alleging jurisdiction on the grounds of diversity of citizenship. The Court remanded the action for lack of subject matter jurisdiction on August 12, 2019. In particular, the Court held that PFG failed to prove that the amount in controversy exceeded $75,000 by a preponderance of the evidence. On September 4, 2019, Plaintiff filed a First Amended Complaint (“FAC”) in state court. The only significant difference between the Complaint and the FAC is that the FAC adds a new defendant: Benjamin Yoo (“Yoo”). Otherwise, the FAC asserts the same claims as those alleged in the Complaint. On October 15, 2019, Defendants PFG and Yoo (collectively, “Defendants”) removed the action to this Court for the second time, again invoking the Court’s diversity jurisdiction. Defendants assert that although Yoo is a non-diverse party, his citizenship can be disregarded because he is a sham defendant. See Ritchey v. Upjohn Drug…