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JACKSON v. WAL-MART STORES, INC.

Case No. C 08-1670 JF (RS).

588 F.Supp.2d 1085 (2008)

Kenneth JACKSON, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, N.D. California, San Jose Division.

December 1, 2008.

Attorney(s) appearing for the Case

Stuart McLeod Wilson, Law Offices of Stuart Wilson, San Jose, CA, for Plaintiff.

Gregory Louis Spallas, Shivani Sutaria, Phillips Spallas & Angstadt LLP, San Francisco, CA, for Defendant.

ORDER DENYING PLAINTIFF'S MOTION TO REMAND

JEREMY FOGEL, District Judge.

Plaintiff Kenneth Jackson ("Jackson") moves to remand the instant action to the Santa Clara Superior Court on the ground that Defendant Wal-Mart Stores, Inc. ("Wal-Mart") failed to meet the one-year deadline for removal contained in 28 U.S.C. § 1446(b). Wal-Mart opposes the motion. For the reasons discussed below, the motion will be denied.

I. BACKGROUND

Although...

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