De Sanctis v. Clean Harbors Environmental Services, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DINO DE SANCTIS, Case No. 23-cv-05570-VC

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND

CLEAN HARBORS ENVIRONMENTAL Re: Dkt. No. 10

SERVICES, INC.,

Defendant.

The motion to remand is denied because the amount in controversy exceeds the $5 million required for jurisdiction under the Class Action Fairness Act. This ruling assumes the reader’s familiarity with the facts, the applicable legal standard, and the arguments made by the parties. Clean Harbors calculated the amount in controversy using the following assumptions: one hour of unpaid overtime for each eligible workweek, one missed meal break and one missed rest break for every five eligible work shifts, and maximum waiting-time penalties for all former employees in the class period. Taken in light of the complaint’s allegations, these assumptions are reasonable. See, e.g., Remillard v. Charles Machine Works, No. 23-cv-02639-RS, 2023 WL 4400049, at *3 (N.D. Cal. July 7, 2023); see also Jauregui v. Roadrunner Transportation Services, Inc., 28 F.4th 989, 993–94, 993 n.5 (9th Cir. 2022). They are not the sort of…