Sophamixay v. Kraft Foods Group, Inc. et al

Filing 15

ORDER GRANTING Plaintiff's Motion to Amend and REMANDING CASE to Fresno County Superior Court, signed by District Judge Lawrence J. O'Neill on 10/6/14. Copy of remand order sent to Fresno County Superior Court,1130 "O" Street, Fresno, CA 93724-0002 *Case # 14CE CG 01755*. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BI SOPHAMIXAY,

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Plaintiff,
v.

Case No. 1:14-CV-01150-LJO-SMS
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND AND REMANDING
CASE TO STATE COURT

KRAFT FOODS GROUP, INC., a Virginia
corporation, and MANUEL PEREZ,
Defendants.

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(Doc. 8)

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On July 23, 2014, Defendants Kraft Foods Group, Inc., and Manuel Perez removed this labor
discrimination case from Fresno County Superior Court to this Court, alleging federal jurisdiction.
On August 21, 2014, Plaintiff Bi Sophamixay moved to amend her complaint, stating that Plaintiff
erred in referring to her protected medical leave as being governed by the federal Family and
Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.) ("FMLA") when the leave was in fact
governed by state law, the California Family Rights Act (California Government Code § 12940).
Plaintiff also moved for remand following the proposed amendment. On September 23, 2014,
Defendants filed a statement of non-opposition.
The Court has reviewed Plaintiff's motion and finds the proposed amendment to be consistent
with the context of the original complaint and appropriate to correct the error. Accordingly, the
Court hereby GRANTS Plaintiff's motion to amend. Since the complaint no longer alleges a federal
question following the amendment, The Court REMANDS this matter to the Fresno County
(California) Superior Court and DIRECTS the Clerk of Court to CLOSE the case.
IT IS SO ORDERED.
Dated:

October 6, 2014

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE