Oxley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BETHANY OXLEY, No. 2:23-cv-02270-DJC-AC Plaintiff, v. ORDER

KAISER PERMANENTE, , et al., Defendants. 17 Before the Court are Plaintiff’s Motion to Remand (ECF No. 12) and Defendants’ Motion to Dismiss (ECF No. 8). Plaintiff originally filed this matter in the Superior Court of California, County of Sacramento. (Not. of Removal (“NOR”) (ECF No. 1) at 2.) Defendant Kaiser Foundation Hospitals removed the action to federal court on the basis that section 301 of the Federal Labor Management Relations Act (“LMRA”) preempts Plaintiff’s otherwise state law-based causes of actions, thereby creating federal jurisdiction, because Plaintiff’s employment was subject to a collective bargaining agreement. ( at 2 –3.) Plaintiff brings the present Motion to Remand arguing that this action should be remanded to the Superior Court because Defendants’ removal was untimely, and because the rights asserted do not arise under 28…