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Steven M. Ikeda, Michael Miller, David Peterson, Benjamin Zendejas and v. Alta-Dena Certified Dairy

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 2, 2012

STEVEN M. IKEDA, MICHAEL MILLER, DAVID PETERSON, BENJAMIN ZENDEJAS AND ARMANDO FELIX, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
ALTA-DENA CERTIFIED DAIRY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Manuel L. Real United States District Judge

JS-6

CLASS ACTION

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND TO SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES PURSUANT TO 28 U.S.C. § 1447(c)

This matter comes before the Court on Plaintiff Steven M. Ikeda's ("Plaintiff Ikeda") Motion To Remand To Superior Court Of California, County Of Los Angeles, Pursuant To 28 U.S.C. § 1447(c). The Court has considered Plaintiff Ikeda's motion and supporting papers, Defendant Alta-Dena Certified Dairy, LLC's opposition and supporting papers, and Plaintiff's reply brief, as well as the oral argument of counsel on March 26, 2012. The Court did not consider any supplemental briefing, which briefing is not permitted by any Federal Rule of Civil Procedure or Local Rule.

For the reasons the Court stated on the record on March 26, 2012, the Court concludes that federal subject matter jurisdiction was lacking at the time of removal because Plaintiff Ikeda's original complaint raised only state law claims and those claims are not preempted for removal jurisdiction purposes by § 301 of the Labor Management Relations Act ("LMRA"), 28 U.S.C. § 185(a). See Balcorta v. Twentieth Century-Fox Film Corp., 208 F.3d 1102, 1108 (9th Cir. 2000). Because jurisdiction was lacking at the time of removal, the Court did not decide whether the subsequently-filed First Amended Complaint ("FAC") independently gives rise to federal subject matter jurisdiction based on the diversity jurisdiction statute, 28 U.S.C. § 1332(a).

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

Plaintiff's Motion to Remand is GRANTED and this matter is hereby remanded to the Superior Court of California, County of Los Angeles.

IT IS SO ORDERED

Respectfully submitted, STEVEN G. SKLAVER KALPANA SRINIVASAN AMANDA BONN SUSMAN GODFREY L.L.P. By: __/s/ Amanda Bonn Amanda Bonn Attorneys for Defendant Alta-Dena Certified Dairy, LLC

2219507v1/012862

20120402

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