Reginald Toussaint v. Swift Transportation Co. of Arizona, LLC
Opinion
Trial Court Opinion
I. Background
This case arises out of an employment dispute; all five claims are for violations of the California Labor Code. See generally Compl. (Dkt. 1, Ex. A). Defendants removed the case on diversity grounds on October 24, 2019. See Notice of Removal (“Notice”) (Dkt. 1) ¶¶ 7-18. On December 9, 2019, at the Scheduling Conference, the parties were ordered to attend a Settlement Conference with Magistrate Judge Kato on December 17, 2019. See Dkts. 21-24. On December 16, 2019, the parties rescheduled their upcoming Settlement Conference for January 28, 2020. Dkt. 26. Then, on February 3, 2020, the parties notified the Court that they would negotiate before a private mediator on April 6, 2020. See Dkt. 32. Finally, on April 14, 2020, the parties informed the Court that the mediation was unsuccessful. Dkt. 35.
CIVIL MINUTES – GENERAL
Case No. SA CV 18-2175-DOC-DFM Date: May 5, 2020
Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which…