Madrigal

Madrigal v. SMG Extol, LLC

Good Law
United States District Court, Northern District of CaliforniaJune 7, 20243:22-cv-07351California571 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 JOINT STIPULATION TO REMAND CASE SMG EXTOL, LLC, et al., 13 Defendants.

The parties seek to remand this wage and hour case to the Alameda County Superior Court on the grounds a similar case is pending in that court1 and remand will “avoid the risk of inconsistent rulings, results, and uncertainty.” Dkt. 49, at 3. For the reasons below, the joint stipulation is denied. This is not the first time a party has sought to remand this case. Plaintiff moved to remand after Defendants initially removed to federal court, but this motion was denied because Defendants had met their burden to establish diversity. Plaintiff then sought preliminary approval of a proposed class action settlement. The motion for preliminary approval was denied on January 3, 2024, based on concerns about, among other things, Plaintiff’s valuation of the class claims…

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