David Ramirez v. XPO Freight Logistics, Inc.

I. Introduction

Defendants removed this case from California state court on June 15, 2020. Dkt. 1. Plaintiff has not moved to remand. After reviewing Plaintiff’s complaint and Defendant’s notice of removal, the Court concludes that it lacks subject matter jurisdiction. For the reasons articulated below, this Court acts sua sponte to remand the case to state court.

II. Factual and Procedural Background

Plaintiff David Ramirez, who resides in California, filed this case in California state court on April 3, 2020. Dkt. 1-1, at 1. Plaintiff then filed a First Amended Complaint (“FAC”) on May 11, 2020. Dkt. 1-1, at 12. Plaintiff’s FAC asserts state-law causes of action against his former employer, XPO Freight Logistics, Inc. (“XPO”), for wrongful termination, age discrimination, retaliation, and failure to provide and/or allow inspection of personnel file and payroll records. Id. XPO is incorporated in Delaware and its principal place of business is in Connecticut. Dkt. 5, at 2.

Plaintiff also asserts a cause of action for defamation both against XPO and against his former supervisor at XPO, Wendy Mairena. Dkt. 1-1, at 20-21. Plaintiff alleges that Mairena “would tell vendors,…