Candelaria v. Employer Solutions Staffing Group II, LLC et al

Filing 15

Order Granting Joint Motion To File First Amended Complaint And Remand To San Diego Superior Court [ECF No. 14 ]. Signed by District Judge Robert S. Huie on 03/05/2025. (stn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RICARDO CANDELARIA,
Plaintiff,

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Case No.: 25-cv-7-RSH-JLB
ORDER GRANTING JOINT MOTION
TO FILE FIRST AMENDED
COMPLAINT AND REMAND TO SAN
DIEGO SUPERIOR COURT

v.
EMPLOYER SOLUTIONS STAFFING
GROUP II, LLC,
Defendant.

[ECF No. 14]

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Plaintiff filed this action on November 26, 2024 in San Diego County Superior

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Court. ECF No. 1 at 6. On January 2, 2025, Defendant removed the action to federal court.

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Id. According to the Parties, Plaintiff received Defendant’s Initial Disclosures on January

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28, 2025. ECF No. 14 at 3–4. Subsequently, on March 4, 2025, the Parties filed a joint

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motion to allow Plaintiff to file a first amended complaint and to remand this action back

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to San Diego County Superior Court. Id. Following a review of Defendant’s Initial

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Disclosures, Plaintiff requests leave to amend his complaint to add two new defendants

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with knowledge of facts related to this action. Id. at 4–5. If Plaintiff is granted leave to

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25-cv-7-RSH-JLB

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amend his complaint and name the two new defendants, there will no longer be complete

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diversity between the parties, resulting in the Court losing its subject matter jurisdiction

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over the instant action.

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Upon consideration of the parties’ joint motion [ECF No. 14] and good cause

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appearing, the motion is hereby GRANTED. It is hereby ORDERED that Plaintiff may

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file a first amended complaint within seven (7) days of the date of this order. It is further

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ORDERED that upon the filing of the first amended complaint, this case shall be

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REMANDED to the San Diego County Superior Court.

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IT IS SO ORDERED.

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Dated: March 5, 2025

______________________
Hon. Robert S. Huie
United States District Judge

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25-cv-7-RSH-JLB