Melton

Melton v. Universal Cable Holdings, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 20, 20203:19-cv-07360California323 words

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,…

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