United States District Court Central District of California

Similar documents
United States District Court Central District of California

United States District Court Central District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 1:11-cv JMS-DKL Document 97 Filed 08/28/12 Page 1 of 9 PageID #: 698

United States District Court Central District of California

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO: 11-CV-1899 W (NLS) Plaintiff, Defendant.

United States District Court Central District of California

Case 3:15-cv MMC Document 113 Filed 11/22/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:13-cv SOM-KSC Document 79 Filed 10/23/14 Page 1 of 11 PageID #: 637 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON. NO. CV LRS LICENSING, et al. ) ) Plaintiffs,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

United States District Court Central District of California

Case 5:10-cv HRL Document 65 Filed 10/26/17 Page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA I. SUMMARY

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Presently before the Court is Defendants Connecticut General

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. No. CIV RB/LFG

Johnson v. NBC Universal Inc

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ) ) ) ) ) ) ) ) ) OPINION AND ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA I. INTRODUCTION

United States District Court Central District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 2:16-cv R-JEM Document 41 Filed 12/14/16 Page 1 of 5 Page ID #:1285

Case 2:16-cv JCC Document 17 Filed 03/22/17 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 2:01-cv JWS Document 237 Filed 03/07/12 Page 1 of 8

Case 3:11-cv RBL Document 13 Filed 11/08/11 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA. Defendants.

Case 1:16-cv LRS Document 14 Filed 09/01/16

3:14-cv MGL Date Filed 10/23/14 Entry Number 24 Page 1 of 5

Case 4:17-cv HSG Document 59 Filed 09/25/18 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendants.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. No. CIV S KJM-KJN

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL. CASE NO.: CV SJO (JPRx) DATE: December 12, 2014

ORDER RE PLAINTIFF S MOTION TO REMAND AND PLAINTIFF S MOTION TO DISMISS [9]

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA. Plaintiff, Defendants.

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL ====== PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) This case arises out of the alleged infringement of a patent for an audio communication

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 4:15-cv JSW Document 55 Filed 03/31/17 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 2:17-cv AJS Document 50 Filed 06/13/17 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DECISION and ORDER. Before the Court is Defendants renewed motion to dismiss this matter involving

Case 2:17-cv KJM-KJN Document 20 Filed 09/01/17 Page 1 of 7 UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case 3:10-cv MLC -DEA Document 10 Filed 06/24/10 Page 1 of 8 PageID: 112

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION

Case 1:13-cv RHB Doc #14 Filed 04/17/14 Page 1 of 8 Page ID#88

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:16-cv KJM-EFB Document 21 Filed 08/09/17 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant.

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs,

Case 4:18-cv HSG Document 46 Filed 02/07/19 Page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO ORDER AND REASONS ON MOTION

Case 3:15-cv RBL Document 51 Filed 02/17/16 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Case 2:11-cv DDP-MRW Document 23 Filed 02/19/13 Page 1 of 5 Page ID #:110 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA OPINION

Case 5:17-cv JGB-KK Document 17 Filed 06/22/17 Page 1 of 7 Page ID #:225

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case3:14-cv MEJ Document39 Filed10/30/14 Page1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION

By Order of the Court, Judge TERESA KIM-TENORIO

Case 3:15-cv RBL Document 29 Filed 10/28/15 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CASE NO. 3:12-CV REDRIDGE FINANCE GROUP, LLC

Case: 1:12-cv Document #: 55 Filed: 02/25/13 Page 1 of 9 PageID #:525

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Richmond Division. v. ) Civil Action No. 3:08-CV-799 MEMORANDUM OPINION

Case 1:09-cv NMG Document 29 Filed 12/01/2009 Page 1 of 12. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case: 1:13-cv Document #: 9 Filed: 04/11/13 Page 1 of 7 PageID #:218

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. For the Northern District of California 11. No.

Case 1:10-cv CFL Document 41 Filed 09/27/12 Page 1 of 9 UNITED STATES COURT OF FEDERAL CLAIMS

Case 1:14-cv LTS Document 41 Filed 07/24/15 Page 1 of 10

Case 4:16-cv JSW Document 32 Filed 12/05/16 Page 1 of 7 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 2:15-cv MWF-KS Document 112 Filed 12/21/18 Page 1 of 9 Page ID #:1713 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

-CCC GLUSHAKOW, M.D. v. BOYARSKY et al Doc. 23. UNITED STATES DISTRICT COURT District of New Jersey LETTER OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MEMORANDUM AND ORDER

Case 1:14-cv FDS Document 24 Filed 06/26/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. ) ) Civil No. v.

Case: 1:15-cv CAB Doc #: 14 Filed: 06/22/15 1 of 7. PageID #: 87 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 2:09-cv GCS-MKM Document 24 Filed 12/22/2009 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. : Civil Action No. DKC MEMORANDUM OPINION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 19-C-34 SCREENING ORDER

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM AND ORDER ON MOTION FOR JUDGMENT ON THE PLEADINGS

HOUSTON SPECIALTY INSURANCE COMPANY v. TITLEWORKS OF SOUTHWE...

Case 5:15-cv JGB-KK Document 18 Filed 01/07/16 Page 1 of 9 Page ID #:265

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:08-cv WMS Document 147 Filed 11/25/2008 Page 1 of 22. Plaintiffs, v. DECISION AND ORDER 08-CV-380S I. INTRODUCTION

Case: 1:16-cv Document #: 21 Filed: 03/27/17 Page 1 of 5 PageID #:84

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Alexandria Division ) ) This matter is before the Court on Defendant Catalin

United States District Court

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

Transcription:

O JS- 0 0 United States District Court Central District of California CARL CURTIS; ARTHUR WILLIAMS, Case :-cv-0-odw(ex) Plaintiffs, v. ORDER GRANTING IRWIN INDUSTRIES, INC.; DOES DEFENDANT S MOTION TO 00, DISMISS [] Defendants. I. INTRODUCTION The instant action arises from alleged wage-and-hour violations. Carl Curtis and Arthur Williams ( Plaintiffs ) are former employees of Irwin Industries, Inc. ( Defendant ). For the reasons discussed below, the Court GRANTS Defendant s Motion to Dismiss, and ORDERS that the parties shall proceed to arbitration pursuant to the terms of the collective bargaining agreements ( CBAs ). (ECF No..) II. FACTUAL BACKGROUND Plaintiffs worked on an oil platform off the California coast and had shifts typically lasting seven days. (FAC..) Plaintiffs allege that they received pay for After carefully considering the papers filed in support of and in opposition to the Motion, the Court deems the matter appropriate for decision without oral argument. Fed. R. Civ. P. ; L.R. -.

0 0 hours each day, but could not reasonably leave the platform during their seven-day shifts. (Id.) Plaintiff Curtis was employed by Defendant from approximately December, 0 to April, 0, and Plaintiff Williams was employed by Defendant for over four years prior to the approximate date of April, 0. (Id..) Plaintiffs do not dispute that during their employment they were members of the United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local (the Union ). (ECF No., Ex..) On behalf of its members, the Union and Defendant entered two Collective Bargaining Agreements ( CBAs ), which provide that the grievance [process outlined in the Agreement] and arbitration process will be used to settle issues that cannot be resolved through discussion and mutual agreement. (Id. at.) The Agreements cover wage disputes and state that [a]ny alleged violation of any applicable wage order shall be resolved exclusively under and in accordance with the procedure for settlement of grievances and disputes set forth in this Agreement. (Id. at.) On February, 0, Plaintiffs filed suit against Defendant. (ECF No., Ex. A.) On April, 0, Plaintiffs filed a First Amended Complaint ( FAC ). (ECF No., Ex..) The FAC alleges: () minimum wage violations; () pay stub violations; () unfair competition; () failure to timely pay final wages; () failure to provide lawful meal and rest periods; () failure to pay overtime and double-time premium wages; and () civil penalties under PAGA. (Id.) Plaintiffs bring this action individually and on behalf of all others similarly situated. (Id..) The class consists of Defendant s hourly employees who, at any time within four years from the date of filing this action, worked for periods of Plaintiffs FAC added failure to provide lawful rest breaks to the Fifth Cause of Action and a Seventh Cause of Action seeking civil penalties under the Private Attorneys General Act of 00 ( PAGA ). The original Complaint and FAC are otherwise identical.

0 0 consecutive hours or more ( Putative Class ). (Id.) The Putative Class represents over persons. (Id.) Defendant removed the instant action to federal court and filed a Motion to Dismiss and Request for Judicial Notice. (ECF Nos.,.) Defendant s Motion and Request remain before the Court for decision. III. LEGAL STANDARD A court may dismiss a complaint under Rule (b)() for lack of a cognizable legal theory or insufficient facts pleaded to support an otherwise cognizable legal theory. Balistreri v. Pacifica Police Dep t, 0 F.d, (th Cir. 0). To survive a dismissal motion, a complaint need only satisfy the minimal notice pleading requirements of Rule (a)() a short and plain statement of the claim. Porter v. Jones, F.d, (th Cir. 00). The factual allegations must be enough to raise a right to relief above the speculative level. Bell Atl. Corp. v. Twombly, 0 U.S., (00). That is, the complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, U.S., (00). The determination whether a complaint satisfies the plausibility standard is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Id. at. A court is generally limited to the pleadings and must construe all factual allegations set forth in the complaint... as true and... in the light most favorable to the plaintiff. Lee v. City of L.A., 0 F.d, (th Cir. 00). But a court need not blindly accept conclusory allegations, unwarranted deductions of fact, and unreasonable inferences. Sprewell v. Golden State Warriors, F.d, (th Cir. 00). IV. DISCUSSION A. Motion to Dismiss Defendant moves to dismiss Plaintiffs FAC on the grounds that: () Plaintiffs claims are preempted by 0 of the Labor Management Relations Act ( LMRA );

0 0 () Plaintiffs failed to exhaust their contractual remedies; () Plaintiffs are exempt from all California overtime requirements under Labor Code Section and California Industrial Wage Order No. ; and () Plaintiffs reliance on state law is misplaced because the instant action is governed exclusively by federal law. (Mot..) Defendant first argues that Plaintiffs claims are preempted by 0 of the LMRA, which provides exclusive federal jurisdiction over claims involving CBAs between unions and employers and preempts any state law claim based on such an agreement. (Id. at citing Franchise Tax Board of Calif. v. Construction Laborers Vacation Trust for So. Calif., U.S., ()). From this, Defendant concludes that Plaintiffs claims must be dismissed and arbitrated pursuant to the terms of the CBAs. Plaintiffs contend that their claims are not preempted by 0 and the CBAs do not apply to any of the Putative Class members because the CBAs: () do not apply to work performed in federal territories (i.e., over three miles off the California coast); and () fail to state whether they cover the oil platforms worked on by Plaintiffs. (Opp n.) The Court finds that Plaintiffs claims are preempted by federal law and therefore the parties must proceed to arbitration. The Court recognizes that [d]espite the breadth of 0 complete preemption, not every claim which requires a court to refer to the language of a labor-management agreement is necessarily preempted. Balcorta v. Twentieth Century-Fox Film Corp., 0 F.d 0, 0 (th Cir. 000). However, the Supreme Court has distinguished claims that require interpretation or construction of a labor agreement and those that require a court simply look at the agreement. Id. (citing Livadas v. Bradshaw, U.S. 0, (). When courts must interpret or construct a labor agreement, the rationale underlying 0 promoting the arbitration of labor contract disputes mandates a finding of

0 0 preemption. Balcorta, 0 F.d at 0; Livadas, U.S. at ; Allis-Chalmers Corp. v. Lueck, U.S. 0, 0. Here, the Court cannot simply look at the CBAs. Plaintiffs contest the applicability of the CBAs, contending that CBA only applies to work locations located throughout California and CBA fails to clarify whether the oil platforms worked on by Plaintiffs are covered by this agreement. (Opp n.) Since Plaintiffs dispute the applicability of the CBAs, the Court cannot simply look at CBA but must interpret and possibly construct the CBAs. Therefore, the rationale underlying 0 mandates a finding of preemption. Balcorta, 0 F.d at 0; Livadas, U.S. at ; Allis-Chalmers Corp. v. Lueck, U.S. 0, 0. V. CONCLUSION For the reasons discussed above, the Court GRANTS Defendant s Motion to Dismiss, and ORDERS that the parties shall proceed to arbitration pursuant to the terms of the CBAs. (ECF No..) IT IS SO ORDERED. November, 0 OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE One reason for expanding complete preemption beyond the textual confines of 0 is that any claim the resolution of which requires the interpretation of a collective bargaining agreement presents some risk to the policy of uniformity if state law principles are employed in that interpretation, even if the claim is not one for breach of contract. Balcorta 0 F.d at 0 (citing Lingle v. Norge Div. of Magic Chef, Inc., U.S., 0 0; Livadas, U.S. at ).