Ernest Winters v. Douglas Emmett, Inc.

I. BACKGROUND

Winters is a former employee of Douglas Emmett Management, LLC. Dkt. 17 ¶ 4. The remaining defendants are related entities. Id. ¶ 2. Winters and Douglas Emmett entered into a dispute resolution agreement that requires arbitration of disputes arising out of or relating to the employment relationship. Id. ¶ 3 & Ex. A. Additionally, Winters completed and signed an employment application that authorized Douglas Emmett to obtain a consumer report on Winters. Dkt. 11 (Winters Decl.) ¶ 2. On March 18, 2021, Winters filed this putative class action in Los Angeles County Superior Court. Dkt. 1, Ex. A (Compl.). His complaint alleged claims for relief under the federal Fair Credit Reporting Act (FCRA) and California Private Attorneys General Act. Id. ¶¶ 47-75. Douglas Emmett removed the case on May 14, 2021, alleging this Court had federal question jurisdiction under 28 U.S.C. § 1331 because two of Winters’ three claims are federal claims arising under the FCRA. Dkt. 1 at 1-4.

II. LEGAL STANDARD

A. Remand “Federal courts are courts of limited jurisdiction” and “possess only that power authorized by [the] Constitution and statute.” Kokkonen v. Guardian Life Ins.…