Vigil
Vigil v. DAK Resources, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9
JOSEPH VIGIL, on behalf of himself and No. 2:23-cv-00163-TLN-AC all others similarly situated, 12 Plaintiff, ORDER v. 14 DAK RESOURCES, INC., a Florida corporation; MICHAELS STORES, INC., a Delaware corporation; and DOES 1 through 50, inclusive, 17 Defendant, 18 19 20 21 This matter is before the Court on Plaintiff Joseph Vigil’s (“Plaintiff”) Motion to Remand. (ECF No. 5.) Defendant Michaels Stores, Inc. (“Defendant”) filed an opposition. (ECF No. 8.) For the reasons set forth below, the Court DENIES Plaintiff’s Motion to Remand. ///
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/// I. FACTUAL AND PROCEDURAL BACKGROUND Defendant, a specialty retail company, employed Plaintiff and other individuals as hourly- paid or non-exempt employees in California. (ECF No. 1-4.) On November 23, 2022, Plaintiff filed this putative class action in San Joaquin Superior Court, alleging violations of the California Labor Code and California Business and Professions Code. (Id.) Plaintiff…