Madrigal

Madrigal v. SMG Extol, LLC

Caution
United States District Court, Northern District of CaliforniaJanuary 20, 20233:22-cv-07351California470 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CESAR MADRIGAL,

Case No. 22-cv-07351-RS Plaintiff, 11 v. ORDER DENYING MOTION TO REMAND SMG EXTOL, LLC, et al., 13 Defendants.

15 Plaintiff filed this wage and hour action in August 2022 in the Superior Court of California for the County of Alameda. Defendants SMG Extol, LLC, and Direct Line Global, LLC, both California limited liability companies, timely removed to federal court based on diversity of citizenship under 28 U.S.C. § 1332. See Dkt. 1. Plaintiff now moves to remand the case to state court. This motion is suitable for disposition without oral argument. See Civ. L.R. 7-1(b). The motion is denied. Plaintiff’s primary objection is that Defendants failed to include adequate support for their assertion that Plaintiff is diverse. Yet Defendants clearly stated in the notice of removal that, on information and belief, Plaintiff “is a citizen of the state of Iowa and not a citizen of California.”…

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