Messer v. Anheuser-Busch, LLC

Filing 9

ORDER signed by District Judge Troy L. Nunley on 12/31/17 ORDERING the Court REMANDS this action back to the Superior Court of California, County of Solano. Copy of remand order sent to other court. CASE CLOSED(Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ANDREW MESSER, as an individual,

12

Plaintiff,

13
14
15

No. 2:17-cv-02035-TLN-CKD

ORDER GRANTING PLAINTIFF’S
MOTION TO REMAND

v.
ANHEUSER-BUSCH, LLC, a Missouri
Limited Liability Company,
Defendant.

16
17

This matter is before the Court on Plaintiff Andrew Messer’s Motion to Remand. (ECF

18
19

No. 5.) Defendant Anheuser-Busch, LLC does not oppose this motion (ECF No. 7.) Plaintiff

20

argues remand is proper because Defendant failed to demonstrate the amount in controversy is

21

satisfied. (ECF No. 5-1 at 3.) Plaintiff argues that Defendant’s use of his current hourly rate was

22

improper because he is only seeking statutory minimum wages for the unpaid time. (ECF No. 5-1

23

at 5.) As a result, Plaintiff contends Defendant failed to demonstrate the amount in controversy

24

was satisfied. (ECF No. 5-1 at 5.) Defendant concedes that based on Plaintiff’s argument, the

25

statutory minimum has not been met. (ECF No. 7.)

26

///

27

///

28

///
1

1
2
3

Accordingly, the Court REMANDS this action back to the Superior Court of California,
County of Solano.
IT IS SO ORDERED.

4
5

Dated: December 31, 2017

6
7
8

Troy L. Nunley
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2