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Messer v. Anheuser-Busch, LLC, 2:17-cv-02035-TLN-CKD. (2018)

Court: District Court, E.D. California Number: infdco20180103641 Visitors: 21
Filed: Jan. 02, 2018
Latest Update: Jan. 02, 2018
Summary: ORDER GRANTING PLAINTIFF'S MOTION TO REMAND TROY L. NUNLEY , District Judge . This matter is before the Court on Plaintiff Andrew Messer's Motion to Remand. (ECF No. 5.) Defendant Anheuser-Busch, LLC does not oppose this motion (ECF No. 7.) Plaintiff argues remand is proper because Defendant failed to demonstrate the amount in controversy is satisfied. (ECF No. 5-1 at 3.) Plaintiff argues that Defendant's use of his current hourly rate was improper because he is only seeking statutory mini
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ORDER GRANTING PLAINTIFF'S MOTION TO REMAND

This matter is before the Court on Plaintiff Andrew Messer's Motion to Remand. (ECF No. 5.) Defendant Anheuser-Busch, LLC does not oppose this motion (ECF No. 7.) Plaintiff argues remand is proper because Defendant failed to demonstrate the amount in controversy is satisfied. (ECF No. 5-1 at 3.) Plaintiff argues that Defendant's use of his current hourly rate was improper because he is only seeking statutory minimum wages for the unpaid time. (ECF No. 5-1 at 5.) As a result, Plaintiff contends Defendant failed to demonstrate the amount in controversy was satisfied. (ECF No. 5-1 at 5.) Defendant concedes that based on Plaintiff's argument, the statutory minimum has not been met. (ECF No. 7.)

Accordingly, the Court REMANDS this action back to the Superior Court of California, County of Solano.

IT IS SO ORDERED.

Source:  Leagle

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