Farrer

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW FARRER, Case No. 20-cv-01804-JCS

8 Plaintiff,

ORDER GRANTING MOTION TO

9 v. REMAND

10 EZCATER, INC., Re: Dkt. No. 8 Defendant. 11

12 I. INTRODUCTION 13 Plaintiff Matthew Farrer originally filed this putative class action in the California Superior 14 Court for Alameda County, where it was assigned case number HG19047343, asserting wage and 15 hour claims against Defendant ezCater, Inc. on behalf of himself and other delivery drivers whom 16 Farrer contends were misclassified as independent contractors rather than ezCater employees. 17 ezCater removed to this Court, asserting diversity jurisdiction under 28 U.S.C. § 1332 and relying 18 on Farrer’s potential recovery of attorneys’ fees to satisfy the amount in controversy. Farrer 19 moves to remand, arguing that attorneys’ fees must be apportioned among the asserted class and 20 only his own individual share of such fees may be counted towards the amount in controversy. 21 The Court finds the…