Hale v. Whole Foods Market Group, Inc.

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to remand is DENIED. (Doc. No. 7). Signed by District Judge Audrey G. Fleissig on 10/16/2012. (KSM)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL L. HALE, JR., ) ) ) ) ) ) ) ) ) Plaintiff, vs. WHOLE FOOD MARKET GROUP, INC., Defendant. Case No. 4:12CV01490 AGF MEMORANDUM AND ORDER This employment discrimination matter is before the Court on the motion Plaintiff Michael Hale, Jr., to remand the case to state court. In his complaint, Plaintiff asserts claims of racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Defendant’s removal of the case based on federal question jurisdiction, pursuant to 28 U.S.C. § 1441(a), was, thus, proper. Furthermore, Plaintiff has failed to rebut Defendant’s evidence supporting this Court’s diversity jurisdiction, pursuant to 28 U.S.C. § 1332(a), over the case. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to remand is DENIED. (Doc. No. 7.) ________________________________ AUDREY G. FLEISSIG UNITED STATES DISTRICT COURT Dated this 16th day of October, 2012 1

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