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Title Tim Jones, et al. v. Adt Security Services

January 3, 2012

TITLE TIM JONES, ET AL.
v.
ADT SECURITY SERVICES, INC.



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

CIVIL MINUTES - GENERAL

Present: The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez Not Present n/a

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings: (In Chambers) Order GRANTING Motion to Remand

Before the Court is Plaintiffs' motion to remand to state court. Dkt. #12. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. After considering the moving and opposing papers, the Court GRANTS the motion to remand.

I. Background

Plaintiffs Tim Jones, Andrew Rodriguez, and Terrance Lee ("Plaintiffs") filed a complaint alleging the following causes of action on behalf of a class of non-exempt or hourly paid individuals who worked as service technicians for Defendant ADT Security Services, Inc. ("Defendant" and "ADT") in California from August 6, 2007 to the present:

(1) failure to pay overtime wages in violation of California Labor Code §§ 510 and 1198;

(2) failure to pay minimum wages in violation of California Labor Code §§ 1194, 1197 and 1197.1; (3) failure to compensate for split-shifts in violation of Labor Code §§ 1197 and 1198 and California Code of Regulations Title 8, Section 11040 Subdivision 4(c); (4) failure to provide accurate wage statements in violation of California Labor Code 226(a); (5) violation of Labor Code §§ 2698, et seq. ("PAGA"); and (6) unfair competition within the meaning of California Business and Professions Code § 17200.

On September 19, 2011, Defendant removed the case to federal court, invoking diversity jurisdiction. Dkt. #1. On October 21, 2011, Plaintiff brought the present motion ...


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