Jennifer Herrington v. The Nature Conservancy

I. Background

Before the Court is Plaintiff Jennifer Herrington’s motion to remand this action to state court for the second time. See Plaintiff’s Motion to Remand (“Motion”), Docket No. 14. A. The First Removal to Federal Court and Subsequent Remand to State Court On November 21, 2019, Plaintiff sued Defendants The Nature Conservancy (“TNC”) and The Nature Conservancy of California (“TNC-CA”)1 in the Santa Barbara County Superior Court for: (1) retaliation, in violation of Cal. Labor Code § 1102.5; (2) sex discrimination, in violation of Cal. Gov’t Code § 12940; (3) failure to prevent discrimination; and (4) wrongful termination in violation of public policy. See Declaration of Andrea Chavez in Support of Notice of Removal (“Chavez NOR Decl.”), Docket No. 5, Exh. A. On December 26, 2019, Defendants removed the case to federal court based on diversity jurisdiction, noting that Plaintiff was a citizen of California, Defendant TNC was a citizen of the District of Columbia and Virginia, and, according to the Complaint, Defendant TNC-CA was “an employer conducting business within the State of California” and “maintained a place of business in Santa Barbara County.” …