Katrina Biggers v. Stater Bros. Markets

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background On May 7, 2019, Plaintiff filed a putative wage and hour class action in the Superior Court for the State of California, County of San Bernardino, on behalf of herself and all other similarly situated employees against Defendant, a California corporation, and Does 1-50, inclusive. (ECF No. 1-1.) On June 13, 2019, Defendant removed the case to this Court on the grounds that Plaintiff’s claims were preempted by Section 301 of the federal Labor Management Relations Act (“Section 301” or “LMRA”), which gives federal courts the exclusive jurisdiction to hear suits for violations of contracts between employers and labor organizations pursuant to 29 U.S.C. § 185(a). (ECF No. 1.) On July 8, 2019, Plaintiff filed her First Amended Complaint (“FAC”). (ECF No. 12.) CASE NO.: CV 5:19-cv-1097 SJO (KKx) DATE: October 28, 2019

On July 22, 2019, Defendant moved to dismiss and/or strike the FAC based on LMRA preemption and because the FAC failed to state a claim for relief pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (See generally ECF No. 15.) On August 27, 2019, the Court granted the motion to…