Melton
Melton v. Universal Cable Holdings, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KIM MELTON, individually and on behalf of all aggrieved employees, No. C 19-07360 WHA Plaintiff,
v.
ORDER DENYING PLAINTIFF’S
UNIVERSAL CABLE HOLDINGS, INC., MOTION FOR
dba SUDDENLINK COMMUNICATIONS, RECONSIDERATION Defendant.
16 Plaintiff’s motion for reconsideration of the July 2 order ignores the reasons given for denying the stipulation to remand. Instead, it focuses on the uncontroversial position that a PAGA action is not a class action. To the extent the prior order explained that any settlement would need judicial approval, PAGA itself provides as much. See CAL. LAB. CODE § 2699(l)(2). The motion is therefore DENIED. This order does not prevent plaintiff from swearing that she does not and will not seek more than $75,000.00, including her individual attorney’s fees. “[F]ederal courts permit individual plaintiffs, who are the masters of their complaints, to avoid removal to federal court,…