No. 07-55880.

498 F.3d 972 (2007)

Patrick BABASA; Robert Bredensteiner, individually, as private attorneys general, and on behalf of all employees similarly situated, Plaintiffs-Appellees, v. LENSCRAFTERS, INC., an Ohio Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2007.

Attorney(s) appearing for the Case

Elizabeth Staggs Wilson and Lauren T. Howard, Littler Mendelson, Los Angeles, CA, for the appellant.

Jeffrey Spencer and Dirk Bruinsma, San Clemente, CA, for the appellees.

Before: BERZON and IKUTA, Circuit Judges, and SINGLETON, District Judge.

BERZON, Circuit Judge:

Appellant LensCrafters appeals the district court's order remanding the case to state court for failure to timely file for removal. We affirm.

On April 4, 2005, appellees filed a putative class action in state court, alleging various labor code violations. They filed an amended complaint in September. Shortly thereafter, the parties agreed to enter mediation.

On December 5, 2005, prior to the mediation, counsel for appellees...


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