Nanthavong

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAYSAMONE NANTHAVONG, No. 2:23-cv-02670-DJC-DB 12 Plaintiff, 13 v. ORDER

14 UNITED PARCEL SERVICE, INC., et al.,

15 Defendants. 16

17 This action was originally filed in San Joaquin County Superior Court but was 18 subsequently removed to federal court by Defendants on the basis of federal question 19 jurisdiction. The Court previously partially granted a motion to dismiss Plaintiff’s 20 claims with leave to amend, and Plaintiff has since filed a First Amended Complaint 21 (“FAC”). (ECF No. 27.) Defendants UPS and Minor have now filed separate Motions to 22 Dismiss which are fully briefed. (See Def. UPS’s Mot.; Def. Minor’s Mot.; Pl.’s Opp’n to 23 Def. UPS’s Mot. (ECF No. 42); Pl.’s Opp’n to Def. Minor’s Mot. (ECF No. 43); Def. UPS’s 24 Reply (ECF No. 44); Def. Minor’s Reply (ECF No. 47). 25 For the reasons stated below, the Court will grant in part Defendant UPS’s 26 Motion to Dismiss and remand this action back to the state court. 27 //// 28 //// 1 …