Jeff Jonah v. Kimberly-Clark Corporation et al

Northern District of California, cand-4:2015-cv-03243

SUBMISSION PURSUANT TO COURT'S STANDING ORDER RE: REMOVED CASES by Kimberly-Clark Global Sales, LLC., Kimberly-Clark Worldwide, Inc. Modified on 7/24/2015

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Case4:15-cv-03243-PJH Document20 Filed07/23/15 Page1 of 3 1 Amy P. Lally, SBN 198555 alally@sidley.com 2 Darlene M. Cho, SBN 251167 dcho@sidley.com 3 SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 4 Los Angeles, California 90013 Telephone: (213) 896-6000 5 Facsimile: (213) 896-6600 6 Attorneys for Defendants 7 KIMBERLY-CLARK GLOBAL SALES, LLC; and KIMBERLY-CLARK 8 WORLDWIDE, INC. 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 JEFF JONAH, an individual, on behalf of) Case No. 15-cv-03243-PJH himself, the general public and those) 14 similarly situated,) Assigned to: Hon. Phyllis J. Hamilton) 15 Plaintiff,) SUBMISSION BY DEFENDANTS) KIMBERLY CLARK GLOBAL SALES, 16 v.) LLC AND KIMBERLY-CLARK) WORLDWIDE, INC. PURSUANT TO 17 KIMBERLY-CLARK CORPORATION;) COURT’S STANDING ORDER RE: KIMBERLY-CLARK WORLDWIDE,) REMOVED CASES 18 INC.; KIMBERLY-CLARK GLOBAL) SALES LLC; and DOES 1 through 50) 19) Defendants.) 20)) 21)) 22) 23 24 25 26 27 28 SUBMISSION BY DEFENDANTS PURSUANT TO COURT’S STANDING ORDER RE: REMOVED CASES CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document20 Filed07/23/15 Page2 of 3 1 Pursuant to the Standing Order re: Removed Cases of the Honorable Phyllis J. Hamilton, 2 Defendants Kimberly Clark Global Sales, LLC and Kimberly-Clark Worldwide, Inc. ("Defendants" 3 or "Kimberly-Clark") hereby submit the following information: 4 1. Whether all defendants served at the time of removal joined in the notice of 5 removal. 6 Although Kimberly-Clark Corporation is named as a co-defendant in this action, Kimberly-7 Clark Corporation had not been served at the time of removal and therefore, did not join in the notice 8 of removal. On July 13, 2015, the two defendants that had been served with process, i.e., Kimberly 9 Clark Global Sales, LLC and Kimberly-Clark Worldwide, Inc., removed this action (see Doc. No. 10 1). 11 2. Whether the notice of removal was dated more than thirty (30) days after the 12 first defendant was served. 13 On June 12, 2015, process was served on Kimberly Clark Global Sales, LLC and Kimberly-14 Clark Worldwide, Inc. 15 On July 13, 2015, the notice of removal was timely filed and served pursuant to 28 U.S.C. §§ 16 1446(b) and 1453(b) and Rule 6(a)(1) of the Federal Rules of Civil Procedure which applies to 17 removals. See Avalos v. K Mart Corp., No. CV 12-05682 MMM, 2012 U.S. Dist. LEXIS 97707, *8 18 n.4 (C.D. Cal. July 13, 2012) (citing Wells v. Gateways Hosp. & Mental Health Ctr., 76 F.3d 390 19 (9th Cir. 1996) (unpublished, reported in full-text format at 1996 U.S. App. LEXIS 2287, at *2)). 20 3. If the action has been removed on the grounds of diversity jurisdiction, whether 21 any defendant served at the time of removal is a citizen of California. 22 Defendants removed this action pursuant to the Class Action Fairness Act ("CAFA"), 28 23 U.S.C. § 1332(d). The minimal diversity requirement under CAFA, 28 U.S.C. § 1332(d)(2)(A), is 24 satisfied because Plaintiff alleges he is a citizen of California and at least one of the defendants, 25 Kimberly-Clark Global Sales LLC, is a corporation organized under the laws of Delaware and has a 26 principal place of business in Irving, Texas. See Notice of Removal (Doc. No. 1), at ¶¶ 10-13; 27 Declaration of Troy Youngbauer (Doc No. 1-3), at ¶ 3. 28 1 SUBMISSION BY DEFENDANTS PURSUANT TO COURT’S STANDING ORDER RE: REMOVED CASES CASE NO. 15-CV-03243-PJH Case4:15-cv-03243-PJH Document20 Filed07/23/15 Page3 of 3 1 4. If the action has been removed on the grounds of diversity jurisdiction, the 2 citizenship of all named plaintiffs and all named defendants (including the citizenship of all 3 members or partners in any non-corporate party). 4 Not applicable. 5 Dated: July 23, 2015 SIDLEY AUSTIN LLP Amy P. Lally 6 Darlene M. Cho 7 By:/s/Amy P. Lally 8 Amy P. Lally Attorneys for Defendants 9 Kimberly-Clark Global Sales LLC and Kimberly-Clark Worldwide, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 SUBMISSION BY DEFENDANTS PURSUANT TO COURT’S STANDING ORDER RE: REMOVED CASES CASE NO. 15-CV-03243-PJH