Shwiyat
Shwiyat v. Martin Marietta Materials, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AUSTIN SHWIYAT, Case No. 23-cv-00283-JSC
Plaintiff,
ORDER TO DEFENDANT TO SHOW
v. CAUSE RE: SUBJECT MATTER
JURISDICTION
MARTIN MARIETTA MATERIALS, INC.,
Defendant.
12 Plaintiff sued Defendant in the Superior Court of California, County of Alameda alleging Defendants violated the Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq. Defendant removed the case to federal court based on 28 U.S.C. §§ 1331 and 1446(b), and, in particular, on the grounds the PAGA claim is preempted by the Labor Management Relations Act (“LMRA”). (Dkt. Nos. 1, 3.) As Defendant’s Notice of Removal does not satisfy this Court of its subject matter jurisdiction, Defendant is ordered to show why this action should not be dismissed for lack of subject matter jurisdiction. DISCUSSION “Federal courts are courts of limited jurisdiction. They possess only the power authorized by Constitution and…