Gutierrez

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 JOSE GUTIERREZ, et al., 8 Case No. 5:19-cv-01469-EJD Plaintiffs, 9 ORDER DENYING PLAINTIFFS’ v. MOTION TO REMAND 10 MCNEILUS TRUCK & Re: Dkt. No. 12 11 MANUFACTURING, INC., 12 Defendant.

13 I. INTRODUCTION 14 Plaintiff Jose Gutierrez (“Gutierrez”) was injured while working for Green Team of San 15 Jose (“Green Team”), a waste disposal company. Gutierrez and his spouse, Delfina Gutierrez 16 (collectively “Plaintiffs”), initiated a personal injury suit in state court against Defendant 17 McNeilus Truck & Manufacturing, Inc. (“Defendant”), the designer and manufacturer of the 18 garbage trucks used by Green Team, and Does 1 through 50. Defendant removed the action to this 19 court based on diversity of citizenship under 28 U.S.C. §1441(b). Presently before the court is 20 Plaintiffs’ motion to remand. Plaintiffs contend that the action is “nonremovable” pursuant to 28 21 …