Henry Hernandez v. Sysco Corp., 2017 WL 358021 (N.D. Cal., Jan. 25, 2017)
In this wage and hour class action, while denying the plaintiff’s motion to remand, a District Court in California found that it was the plaintiff’s burden to show that the local controversy requirement applied, not the defendants’ burden to show that it did not, and that the defendants need not allege facts in the notice of removal showing the inapplicability of the local controversy exception.
The plaintiff brought a putative class action in Alameda County Superior Court alleging that the defendants, inter alia, failed to pay minimum wage and overtime compensation, and provide meal and rest periods in violation of the California Labor Code.
Continue Reading A Removing Defendant Under CAFA Is Not Required To Allege Facts In Its Notice Of Removal Showing The Inapplicability Of The Local Controversy Exception