Feygenberg
Feygenberg v. McRoskey Mattress Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 MIKHAIL FEYGENBERG, CASE NO. 20-cv-00825-YGR
Plaintiff,
ORDER GRANTING IN PART MOTION TO
vs. DISMISS; REMANDING CASE TO STATE
COURT
MCROSKEY MATTRESS COMPANY, Re: Dkt. Nos. 9, 21 Defendant.
On June 14, 2019, plaintiff Mikhail Feygenberg filed a first amended complaint in San Francisco County Superior Court asserting state law claims for age discrimination, intentional infliction of emotional distress (“IIED”), wrongful termination in violation of public policy, and retaliation. Defendant McRoskey Mattress Company removed the action on February 4, 2020, maintaining that plaintiff’s claims for wrongful termination and retaliation were intertwined with a collective bargaining agreement between defendant and Carpenter’s Union Local 2236 (“CBA”), and thus, were preempted by section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. section 185(a). Now before the Court are plaintiff’s motion to remand the action to…