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Dissie Rita Jennings-Frye v. Nyk Logistics Americas Inc Et

February 11, 2011

DISSIE RITA JENNINGS-FRYE
v.
NYK LOGISTICS AMERICAS INC ET AL.



The opinion of the court was delivered by: Honorable Jacqueline H. Nguyen

JS-6

CIVIL MINUTES - GENERAL

Present: The

Alicia Mamer Not Reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not present Not present Proceedings: ORDER GRANTING PLAINTIFF'S MOTION TO REMAND [8]

(In Chambers)

The matter is before the Court on Plaintiff Dissie Rita Jennings-Frye's ("Plaintiff") Motion to Remand. (Docket No. 8.) The motion is made on the ground that the Court lacks diversity jurisdiction. See 28 U.S.C. § 1332. The Court deems the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); Local Rule

Accordingly, the hearing set for February 14, 2011 is removed from the Court's calendar. For the reasons set forth below, the Court GRANTS the Motion and REMANDS the action to the Los Angeles County Superior Court.

I. BACKGROUND

Plaintiff, an African-American female, alleges that Defendant NYK Logistics Americas Inc. ("NYK"), her former employer, and Defendants Desmond Allen ("Allen") and Jerene Baglin ("Baglin"), her former supervisors (collectively, "Defendants"), harassed her, discriminated against her on the basis of her race, and wrongfully terminated her in retaliation for her complaints regarding racial discrimination and Baglin's improper conduct. (Compl. ¶¶ 12, 41.)

Plaintiff asserts the following state law causes of action: (1) race discrimination in violation of the Fair Employment and Housing Act, California Government Code section 12940 et seq. ("FEHA"); (2) harassment in violation of FEHA; (3) failure to prevent discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) violation of California Labor Code section 1102.5; (6) retaliation in violation of public policy; (7) wrongful termination in violation of FEHA; and (8) wrongful termination in violation of public policy. (Id. ¶¶ 47, 53-54, 66, 75, 86, 95, 101, 107-08.)

Plaintiff and Baglin are both California citizens. (See Notice of Removal¶¶ 3, 5.)

The Complaint alleges the following with respect to Baglin. Defendant Allen harassed Plaintiff because of her race on several occasions. (Id. ¶¶ 9, 13-19.) Each time Plaintiff was harassed by Allen, she immediately complained to Baglin. (Id. ¶ 20.) Baglin ignored Plaintiff's complaints by justifying Allen's behavior as a "personality conflict" and telling Plaintiff that Allen's behavior was not a big deal. (Id.) Additionally, Baglin prevented Plaintiff from reporting her complaints to other supervisors to prevent further investigation. (Id. ¶ 22.)

In or around September 2006, Plaintiff began to notice that Baglin's expense report included personal purchases.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:10-cv-09737-JHN -Ex

Date February 11, 2011

Dissie Rita Jennings-Frye v. NYK Logistics Americas Inc et al.¶ 26.) Plaintiff questioned Baglin directly about her expense report. (Id. ¶ 27.) Thereafter, Baglin threatened Plaintiff's employment by warning Plaintiff to be careful about what she knows and ...


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