Batieste v. United Parcel Service, Inc.

Background

Dante Batieste asserted one claim against United Parcel Service, Inc. for failure to reimburse business expenses, specifically $50 per month in cell-phone expenses. He first pursued the matter before the California Department of Industrial Relations, Labor Commissioner’s Office, where he lost. He then appealed to Contra Costa Superior Court. UPS removed the case from state court to the U.S. District Court for the Northern District of California. Batieste moved to remand, meaning he asked the federal court to return the case to state court.

Reasons for Remand

The court held that UPS’s removal was untimely. Batieste served UPS with notice of the state-court suit on December 21, 2023. The court calculated a 33-day removal period: 30 days under the federal removal statute, 28 U.S.C. § 1446, plus three days under Federal Rule of Civil Procedure 6(d) because service was by mail. The deadline was therefore January 23, 2024, but UPS did not remove the case until January 25, 2024.

The court also held that UPS had not proved by a preponderance of the evidence that the amount in controversy requirement for diversity jurisdiction was satisfied. The court rejected UPS’s argument that a California service-by-mail provision, rather than Federal Rule of Civil Procedure 6, supplied the applicable timing rule. It noted that federal law governs the procedure for calculating the removal deadline, although it cited another federal district court decision suggesting a different interpretation.

Ruling

Judge Edward Chen granted Batieste’s motion to remand. The court denied Batieste’s request for attorneys’ fees because it found that UPS’s removal was not unreasonable. In particular, the court said UPS was not unreasonable in arguing that the amount in controversy could be sufficient or that its removal was timely under the California provision. The clerk was instructed to remand the case to Contra Costa Superior Court and close the federal case. The order disposed of Docket No. 14.