Palencia Caba v. Caleres, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Luis Palencia Caba, No. 2:21-cv-02012-KJM-AC Plaintiff, v. ORDER Caleres, Inc., a New York corporation, et al., 1S Defendants. 16 Plaintiff Luis Palencia Caba brings this employment action against defendants Caleres, Inc., BG Retail, LLC, and Kathy Martin. Defendants removed this action on diversity grounds, arguing Palencia Caba fraudulently joined Martin and her citizenship therefore should be 20 disregarded. Palencia Caba disagrees and now moves to remand. The court grants the motion to remand. IL. BACKGROUND In March 2019, Luis Palencia Caba was diagnosed with a chronic migraine condition, 24 which “caus[ed] him debilitating pain.” First Am. Compl. (FAC) § 33, Not. of Removal Ex. B, ECF No. 1-2. Palencia Caba realized dehydration was one of the triggers for his migraines. /d. 26 At the time, he was an associate store manager at a…