Nelson v. Foster Poultry Farms

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 11 MICHAEL NELSON, Case: 1:21-CV-222-JLT-BAM Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR RECONSIDERATION; GRANTING

v. MOTION FOR REMAND FOSTER POULTRY FARMS, et al, (Doc. 36) Defendants. 17 18 I. INTRODUCTION This matter is before the Court on Michael Nelson’s motion for reconsideration of the Court’s order denying Plaintiff’s motion for remand. Pursuant 28 U.S.C. §1441(a), Foster Poultry Farms removed Plaintiff’s disparate treatment, discrimination, and wrongful termination suit from state court to this Court on the grounds of federal question jurisdiction, arguing § 301 of the Labor Management Relations Act (Section 301), 28 U.S.C. § 185, preempts Plaintiff’s claims. (Doc. 1.) Plaintiff then filed a motion that offered to voluntarily dismiss his federal causes of action and requested remand of the action to state court. (Doc. 8.) The Court referred the motion to the assigned magistrate judge, who determined the motion…