Magallanes v. PENSKE LOGISTICS, LLC
Plaintiff Rafael Magallanes filed a motion to remand his discrimination and retaliation lawsuit against Gruma Corporation d/b/a Mission Foods and Penske Logistics, LLC, back to state court. The case was removed to federal court by Penske based on diversity jurisdiction, arguing Mission Foods was improperly joined as there was no employer-employee relationship with the plaintiff. The Court examined whether Mission was an employer under the 'hybrid economic realities/common law control test' and if it controlled access to the plaintiff's employment opportunities with Penske. While a direct employer-employee relationship was not established, the Court found Mission's influence on Penske's personnel decisions constituted control over Magallanes's employment opportunities. Therefore, Mission was deemed a properly joined party, negating complete diversity, and the Plaintiff's Motion to Remand was granted.