Attebery
Attebery v. US Foods, Inc.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN THOMAS ATTEBERY, Case No. 1:22-cv-1352 JLT BAM individually and on behalf of himself and 12 all others similarly situated, ORDER DENYING PLAINTIFF’S MOTION
TO REMAND
13 Plaintiff, (Doc. 7) 14 v. 15 US FOODS, INC. d/b/a US FOODSERVICE, INC., a Delaware 16 corporation, and DOES 1 through 50, inclusive, 17 Defendants. 18
19 20 Steven Thomas Attebery alleges that US Foods violated the Unfair Competition Law and 21 several provisions of the California Labor Code, including provisions related to rest breaks, meal 22 breaks, overtime pay, timely and accurate wages, and termination wages. (Doc. 1 at 20.) Plaintiff 23 filed this action in Fresno County Superior Court on behalf of himself and similarly situated 24 employees in California. Defendant removed the suit to this Court under the Class Action 25 Fairness Act of 2005, 28 U.S.C. § 1332(d). (Doc. 1.) Plaintiff requests remand of this action, 26 claiming the numerosity and amount in controversy requirements under CAFA are not satisfied. 27 (Doc. 7.)…