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Richard S. Mchenry, Jr., On Behalf of Himself, the General Public, and v. Sanyo North America Corporation

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


April 29, 2013

RICHARD S. MCHENRY, JR., ON BEHALF OF HIMSELF, THE GENERAL PUBLIC, AND AS AN "AGGRIEVED EMPLOYEE" UNDER THE CALIFORNIA LABOR CODE PRIVATE ATTORNEYS GENERAL ACT, PLAINTIFF,
v.
SANYO NORTH AMERICA CORPORATION;
PANASONIC CORPORATION OF NORTH AMERICA;
PAYROLLING.COM CORP. AND DOES 1 THROUGH 100, DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel L. Real

ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

HEARING: None

The Court, having reviewed the record in this case, hereby REMANDS this action to Los Angeles County Superior Court. The reason for the remand is as follows:

When Plaintiff commenced this action in Superior Court in 2012, he did not specifically name any federal entity as a defendant. On February 20, 2013, Plaintiff filed a document titled "Amendment to Complaint," which identified DOES 8 as the Equal Employment Opportunity Commission (the "EEOC"). On April 17, 2013, the EEOC removed the action to this Court. However, counsel for the EEOC then learned that McHenry had filed a document titled "Request for Dismissal" on April 11, 2013 as to the EEOC. Because the EEOC was longer a defendant as of April 17, 2013, its removal of the action was improvident.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20130429

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