Whittle

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Anthony Whittle, et. al., No. 1:21-cv-01741-NODJ-SKO Plaintiffs, ORDER v. JSP Logistics Inc., et. al., 1S Defendants. 16 Plaintiff Anthony Whittle moves to remand this case to the Superior Court of California, County of Madera. Defendant, JSP Logistics Inc., removed the case based on this court’s federal 19 question jurisdiction. JSP asserts Mr. Whittle’s claims are preempted based on the Federal Motor Carrier Safety Act of 1984 (FMCSA). The FMCSA does not preempt Mr. Whittle’s claims, so the court grants the motion to remand. The court declines to award Mr. Whittle’s attorneys’ 22 fees.' 23 ///// 24 /////

'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.

I. BACKGROUND Mr. Whittle asserts several claims under the California Labor Code’s…