Opinion
2:21-CV-00191-JAM-JDP
06-11-2021
DAVID VEGA, an individual, Plaintiff, v. BEACON SALES ACQUISITION, INC., a corporation; ALLIED BUILDING PRODUCTS, CORP., a corporation; JOSEPH VASQUEZ, an individual; EDGAR RUELAS, an individual; LEONARDO FLORES BELTRAN, an individual; and DOES 1 through 50, inclusive, Defendants.
Bobby Saadian, Esq. Nicol E. Hajjar, Esq. Edzyl Magante, Esq. Attorneys for Plaintiff, DAVID VEGA Karin M. Cogbill Michael W. M. Manoukian Attorneys for Defendants
Bobby Saadian, Esq. Nicol E. Hajjar, Esq. Edzyl Magante, Esq. Attorneys for Plaintiff, DAVID VEGA
Karin M. Cogbill Michael W. M. Manoukian Attorneys for Defendants
STIPULATION AND ORDER REMANDING ACTION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE
Plaintiff David Vega and Defendants Beacon Sales Acquisition, Inc. and Joseph Vasquez, through their undersigned counsel, hereby stipulate as follows:
RECITALS
WHEREAS, on or about November 23, 2020, Plaintiff DAVID VEGA (“Plaintiff”) filed a Complaint for Damages alleging (1) Employment Discrimination Based on Disability - Violation of the Fair Employment and Housing Act; (2) Employment Discrimination Based on Failure to Accommodate Disability or Perceived Disability - Violation of the Fair Employment and Housing Act; (3) Failure to Engage in A Timely, Good Faith, Interactive Process; (4) Employment Discrimination Based on Age - Violation of the Fair Employment and Housing Act; (5) Retaliation in Violation of FEHA; (6) Harassment in Violation of FEHA; (7) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of FEHA; (8) Wrongful Termination in Violation of Public Policy; (9) Failure to Pay Meal and Rest Period Compensation; (10) Non-Compliant Wage Statements; (11) Failure to Pay Wages in a Timely Manner (Waiting Time Penalties); and (12) Unfair Com petition.
WHEREAS, on or about January 8, 2021, Plaintiff filed a First Amended Complaint for Damages adding, in part, a cause of action for Retaliation and/or Unlawful Denial of Leave in Violation of the Family and Medical Leave Act.
WHEREAS, on February 1, 2021, Defendants Beacon Sales Acquisition, Inc., Allied Building Products Corp., Edgar Ruelas and Joseph Vasquez removed this Action to this Court pursuant to 28 U.S.C. sections 1331 and 1367.
WHEREAS, on June 3, 2021, Plaintiff filed a Second Amended Complaint for Damages, dismissing the cause of action for Retaliation and/or Unlawful Denial of Leave in Violation of the Family and Medical Leave Act.
WHEREAS, on June 7, 2021, Defendants Allied Building Products Corp. and Edgar Ruelas were dismissed from the Action.
IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants Beacon Sales Acquisition, Inc. and Joseph Vasquez (collectively, “Defendants”), by and through their respective counsel, that in light of Plaintiff's dismissal of the only cause of action asserted under Federal law, this Action should be remanded to the Superior Court of California, County of Sacramento, where it was originally filed.
ORDER
The Court having reviewed the foregoing Stipulation, and good cause appearing therefor: IT IS HEREBY ORDERED that this Action is remanded to the Superior Court of California, County of Sacramento. Plaintiff shall give notice of this Order to the Superior Court of California, County of Sacramento.
IT IS SO ORDERED.