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Arnold Gonzalez v. Sears Holding Corp. et al.

May 6, 2011

ARNOLD GONZALEZ
v.
SEARS HOLDING CORP. ET AL.



The opinion of the court was delivered by: The Honorable S. James Otero, United States District Judge

Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER REMANDING CASE TO CALIFORNIA SUPERIOR COURT [Docket No. 1]

This matter is before the Court on Defendant Sears Holding Corp.'s ("Defendant") Notice of Removal ("Notice"), filed March 17, 2011. (Docket No. 1.) Plaintiff Arnold Gonzalez ("Plaintiff") filed his Complaint ("Complaint") in California Superior Court on January 27, 2011. For the following reasons, the case is REMANDED.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff is a resident of the County of Los Angeles and a citizen of California. (Compl. ¶ 2.) Defendant was incorporated in the State of New York and its principal place of business is in the State of Illinois. (Notice ¶ 3.) Plaintiff, a former employee of Defendant, alleges that he was discriminated against on the basis of his national origin and race. (Compl. ¶¶ 7-8.) Plaintiff claims: (1) national origin discrimination in violation of the California Fair Employment and Housing Act ("FEHA:); and (2) race discrimination in violation of the FEHA. (See Compl.) In his Complaint, Plaintiff ...


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