United States District Court, C.D. California
PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE.
CIVIL MINUTES - GENERAL
(IN CHAMBERS): ORDER GRANTING PLAINTIFF'S MOTION TO
REMAND ; DENYING DEFENDANT'S MOTION TO TRANSFER
the Court are Plaintiff's Motion to Remand
(“MTR”) (Dkt. 18) and Defendant's Motion to
Transfer (“MTT”) (Dkt. 20). The Court finds these
matters appropriate for resolution without oral argument.
See Fed. R. Civ. P. 78; L.R. 7-15. Having reviewed
the moving papers and considered the parties arguments, the
Court GRANTS Plaintiff's Motion to Remand and DENIES AS
MOOT Defendant's Motion to Transfer.
Court adopts the facts as set out in Plaintiff's First
Amended Complaint (“FAC”) (Dkt. 1-3).
James “Barry” Hawkins (“Plaintiff”)
is citizen of California and a former employee of Defendant
Biotronik, Inc. (“Biotronik”). FAC ¶ 1.
Biotronik is a corporation incorporated in Delaware with its
principal place of business in Oregon. Id. ¶ 2.
On July 31, 2013, Plaintiff relocated from Texas to
California at the request of Biotronik for the position of
Senior Sales Representative. Id. ¶¶ 7-8.
2014, Biotronik retained the services of Defendant Tyrone E.
Myles (“Myles”) and his company, Keeping Pace,
Inc. Id. ¶ 10. Myles is a citizen of
California. Id. ¶ 3. In early 2015,
“after the expiration of an initial 18 month commission
guarantee, ” Myles, rather than Biotronik, began to pay
Plaintiff's commission. Id. ¶¶ 11-12.
However, Myles failed to pay Plaintiff the amount owed under
Plaintiff's compensation plan. Id. ¶¶
9, 11. Over the next year and a half, Plaintiff made multiple
complaints regarding Biotronik and Myles' (collectively,
“Defendants”) failure to pay all earned
commissions owed to Plaintiff. Id. ¶ 12.
Ultimately, Biotronik fired Plaintiff on September 23, 2016.
Id. ¶ 14.
filed suit in the Superior Court for the County of Orange on
October 6, 2016 against Biotronik. Not. of Removal (Dkt. 1)
¶ 2. Biotronik removed the action to federal court on
November 7, 2016. Id. ¶ 4. Plaintiff dismissed
the suit on November 17, 2016, see Not. of Dismissal
(Dkt. 1-2), and refiled the suit in the Superior Court for
the County of Orange on November 23, 2016, adding Myles as a
defendant. See generally FAC. Biotronik again
removed the action, invoking diversity jurisdiction, on
December 20, 2016 (Dkt. 1).
brings the following claims against Defendants: (1)
violations of the California Labor Code § 200 et
seq., (2) wrongful termination in violation of public
policy, (3) interference with contract, (4) interference with
prospective economic advantage, and (5) violation of the
Business and Professions Code § 17200 et seq.
(“UCL”). See generally FAC. Plaintiff
filed the instant Motion to Remand on January 19, 2017.
Bioktronik opposed on February 13, 2017 (“MTR
Opposition”) (Dkt. 25), and Plaintiff replied on
February 17, 2017 (Dkt. 27).
filed the instant Motion to Transfer on February 6, 2017.
Plaintiff opposed on February 13, 2017 (“MTT
Opposition”) (Dkt. 24), and Biotronik replied on
February 17, 2017 (Dkt. 28). Defendant Myles joined
Biotronik's Motion to Transfer on February 16, 2017 (Dkt.
at any time before final judgment it appears that the
district court lacks subject matter jurisdiction, the case
shall be remanded.” 28 U.S.C. § 1447(c). Removal
of a case from state court to federal court is governed by 28
U.S.C. § 1441, which provides in pertinent part that
“any civil action brought in a State court of which the
district courts of the United States have original
jurisdiction, may be removed . . . to the district court of
the United States for the district and division embracing the
place where such ...