United States District Court, C.D. California
PRESENT: THE HORABLE DAVID O. CARTER, JUDGE
CIVIL MINUTES - GENERAL
(IN CHAMBERS): ORDER GRANTING PLAINTIFF'S MOTION TO
the Court is Plaintiff Dawn Marie Woodrum's
(“Woodrum” or “Plaintiff”) Motion to
Remand (“Motion”) (Dkt. 8). The Court finds this
matter suitable for resolution without oral argument.
Fed.R.Civ.P. 78; L.R. 7-15. Having reviewed the papers and
considered the parties' arguments, the Court GRANTS
Court adopts the facts as set out in Plaintiff's
Complaint. See Notice of Removal (“Not.
Rem.”) (Dkt. 1) Ex. 1 (Complaint
Woodrum is an individual who resides in Orange County,
California. Compl. ¶ 2. Defendants Automatic Data
Processing, Inc. and ADP, LLC (collectively,
“ADP”) are corporations existing in California,
but their principal places of business are located at One ADP
Blvd., MS 433, Roseland, New Jersey, 07068. Id.
¶ 3. Defendant Lyle Burley (“Burley”) is an
individual who resides in Orange County, California.
Id. ¶ 4.
alleges that “each of the Defendants herein was at all
times relevant hereto the agent, employee or representative
of the remaining Defendants and was acting at least in part,
within the course and scope of such relationship in doing the
things herein alleged.” Id. ¶ 6.
Moreover, Plaintiff alleges that “each of the
Defendants was acting in a single or joint employer, agency,
employer, and/or alter ego capacity such that they are liable
for the acts of their agents and/or employees.”
Id. ¶ 7.
was hired by ADP on February 8, 1999, as an overflow computer
operator. Id. ¶ 8. For years, Plaintiff
received positive job performance reviews. See Id.
¶¶ 10-17, 19. On November 27, 2013, Plaintiff
became a Tax Service Coordinator II, and effective November
16, 2015, Plaintiff became an “Impl [sic] Specialist
II.” Id. ¶¶ 21, 23. On June 30,
2016, Plaintiff “received an Overall Rating of 3,
indicating Strong Performance and Valued Contribution.”
Id. ¶ 25.
November 2016, Plaintiff underwent a nerve study for numbness
and tingling in her left arm, after which she was diagnosed
with carpal tunnel. Id. ¶ 26. As a result,
Plaintiff filed a Workers' Compensations Claim.
Id. On November 28, 2016, Plaintiff returned to her
physician after work hours and was instructed to undergo
physical therapy. Id. ¶ 27. When Plaintiff
explained to Human Resources that she had a carpal tunnel
issue in the left arm, Human Resources told Plaintiff that
physical therapy would have to be done on non-work hours.
restrictions to address Plaintiff's carpal tunnel were
sent directly from the Workers' Compensation Medical
provider, Concentra Occupational Medicine, to Plaintiff's
employer. Id. ¶ 29. First, Defendants were
informed of a restriction that required Plaintiff to take a
ten-minute break from typing every hours, a restriction that
Defendants accommodated. Id. ¶ 28. On December
21, 2016, Plaintiff was given restrictions of a twenty-minute
break from repetitive typing every hour, which Defendants
accommodated. Id. ¶ 30.
January 2017, Plaintiff was informed that she would need
surgery on her left arm, and on March 7, 2017, Plaintiff
underwent carpal tunnel surgery. Id. ¶¶
31-32. Plaintiff was out of work from March 8, 2017, through
May 22, 2017, but she was “not offered leave under CFRA
nor was her time designated as such.” Id.
16, 2017, Plaintiff was released to work effective May 22,
2017, albeit with the restrictions of a thirty-minute
productive break from typing every hour, and no lifting over
five pounds. Id. ¶ 33. On May 22, 2017,
Plaintiff returned to work. Id. ¶ 34. After
Plaintiff had worked for two hours, her supervisor, Defendant
Lyle Burley, said she would have to leave because the
employer had not approved her return to work. Id. He
walked her out of the facility, and said that he would let
her know when her return to work was approved. Id.
On May 23, 2017, Mr. Burley texted that he had not heard
anything yet. Id. ¶ 35. The next day, “he
texted that there was still no word.” Id.
26, 2017, Plaintiff was seen by her physician, and sent her
restrictions to Human Resources. Id. ¶ 37. On
June 13, 2017, Plaintiff's restrictions were modified to
a thirty-minute productive break from typing every hour, and
no lifting over ten pounds. Id. ¶ 38.
4, 2017, Plaintiff “received a COBRA notice from
Defendants, ” which is a type of notice related to
health care coverage that is usually provided ...