Nanthavong

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SAYSAMONE NANTHAVONG, No. 2:23-cv-02670-DJC-DB Plaintiff, v. ORDER

UNITED PARCEL SERVICE, INC., et al.,

Defendants.

This action was originally filed in San Joaquin County Superior Court but was subsequently removed to federal court by Defendants on the basis of federal question jurisdiction. The Court previously partially granted a motion to dismiss Plaintiff’s claims with leave to amend, and Plaintiff has since filed a First Amended Complaint (“FAC”). (ECF No. 27.) Defendants UPS and Minor have now filed separate Motions to Dismiss which are fully briefed. (See Def. UPS’s Mot.; Def. Minor’s Mot.; Pl.’s Opp’n to Def. UPS’s Mot. (ECF No. 42); Pl.’s Opp’n to Def. Minor’s Mot. (ECF No. 43); Def. UPS’s Reply (ECF No. 44); Def. Minor’s Reply (ECF No. 47). For the reasons stated below, the Court will grant in part Defendant UPS’s Motion to Dismiss and remand this action back to the state court. //// //// …