Attebery

Attebery v. US Foods, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20241:22-cv-01352California5,303 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEVEN THOMAS ATTEBERY, Case No. 1:22-cv-1352 JLT BAM individually and on behalf of himself and all others similarly situated, ORDER DENYING PLAINTIFF’S MOTION

TO REMAND

Plaintiff, (Doc. 7) v. US FOODS, INC. d/b/a US FOODSERVICE, INC., a Delaware corporation, and DOES 1 through 50, inclusive, 17 Defendants.

19 Steven Thomas Attebery alleges that US Foods violated the Unfair Competition Law and several provisions of the California Labor Code, including provisions related to rest breaks, meal breaks, overtime pay, timely and accurate wages, and termination wages. (Doc. 1 at 20.) Plaintiff filed this action in Fresno County Superior Court on behalf of himself and similarly situated employees in California. Defendant removed the suit to this Court under the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d). (Doc. 1.) Plaintiff requests remand of this action, claiming the numerosity and amount in controversy requirements under CAFA are not satisfied. (Doc. 7.)…

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