Rose

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 ROBERT ROSE and PAUL SIMI, on No. 2:23-cv-01979 WBS AC behalf of themselves and those similarly situated, Plaintiffs, MEMORANDUM AND ORDER RE:

PLAINTIFFS’ MOTION TO REMAND

v. AND DEFENDANT’S MOTION TO

DISMISS

CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC, and DOES 1 through 50, Defendants. 19 ----oo0oo---- Plaintiffs Robert Rose and Paul Simi brought this putative labor class action against Cemex Construction Materials Pacific, LLC, a cement pouring company that employed plaintiffs as cement truck drivers, in Sacramento Superior Court. Defendant removed to federal court. Plaintiffs allege multiple violations of California law, including (1) failure to pay wages for all hours worked, Cal. Lab. Code § 216; (2) failure to pay wages at agreed upon rates, id. §§ 221-223; (3) failure to pay overtime wages, id. § 510; (4) failure to pay meal period…