Brandon Gay v. Pacific Steel Group

Good Law
United States District Court, Northern District of CaliforniaJune 15, 20214:20-cv-08442California2,346 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRANDON GAY, Case No. 20-cv-08442-HSG

Plaintiff, ORDER DENYING MOTION TO

REMAND

v. Re: Dkt. No. 17 PACIFIC STEEL GROUP, Defendant.

12 Plaintiffs Brandon Gay and Israel Berber filed this putative wage-and-hour class action in California state court. Dkt. No. 1. Defendant removed the action to federal court based on federal preemption under § 301 of the Labor Management Relations Act of 1974 (“LMRA”), 29 U.S.C. § 185. Id. Plaintiffs now seek to remand the action back to state court. Dkt. No. 17 (“Mot.”). For the following reasons, the Court DENIES the motion to remand. I. LEGAL STANDARD “Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed” to federal court. 28 U.S.C. § 1441(a). Under § 301 of the LMRA, “[s]uits for violation of contracts between an employer and a …

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