Gonzalez

Gonzalez v. CF Watsonville West, LLC

Good Law
United States District Court, Northern District of CaliforniaFebruary 17, 20223:21-cv-09769California862 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARGARITA GONZALEZ, et al., Case No. 21-cv-09769-EMC

Plaintiffs,

ORDER DENYING DEFENDANTS’

v. MOTION FOR AUTOMATIC 30-DAY

STAY

CF WATSONVILLE WEST, LLC, et al., Docket No. 21 Defendants.

12 13 On January 26, 2022, the Court issued an order remanding the case back to state court due to lack of subject matter jurisdiction. The Court rejected Defendants’ arguments that (1) the federal PREP Act completely preempted Plaintiffs’ state law claims; (2) Plaintiffs’ allegations presented a substantial, embedded question of federal law; and (3) the federal officer removal statute (28 U.S.C. § 1442) permitted removal. See Docket No. 19 (order). The following day, January 27, 2022, Defendants filed a motion asking that the Court stay its remand order pursuant to Federal Rule of Civil Procedure 62(a). This is the motion currently pending before the Court. Having considered the parties’ briefs, the Court hereby DENIES Defendants’ motion.…

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