Gil

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jessie Gil, et al., No. 1:21-cv-01803-NODJ-EPG Plaintiffs, ORDER v. Outback, Inc., et al., 1S Defendants. 16 Plaintiff Jessie Gil moves to remand this action to the Fresno County Superior Court. Defendant Outback, Inc. removed the case to this court asserting federal question jurisdiction, 19 citing its plan to raise an affirmative defense based on preemption by the Motor Carrier Safety Act of 1984 (FMCSA) and the Fair Labor Standards Act (FLSA). Neither of these federal statutes completely preempts Mr. Gil’s claims, and affirmative defenses—even those based on preemption defenses—do not support this court’s jurisdiction, so the court grants the motion to remand.'

‘Tn the interests of justice and efficiency, and addressing the heavy civil caseloads in the Fresno courthouse, the undersigned resolves the pending motion to remand, ECF No. 6, without the case being reassigned.

I. …