Office & Professional Employees International Union A F L-C I O et al v. P H I Inc
||Local 108 Office & Professional Employees International Union and Office & Professional Employees International Union A F L - C I O
||P H I Inc
||December 31, 2009
||Louisiana Western District Court
||Rebecca F Doherty
||Patrick J Hanna
|Nature of Suit:
||Labor: Railway Labor Act
|Cause of Action:
||45:151 Railway Labor Act
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|September 24, 2012
MEMORANDUM RULING: For the foregoing reasons, this Court concluded the Unions' claims for injunctive and/or equitable relief will be granted for lack of subject matter jurisdiction, and the foregoing claims will be dismissed without prejudice. However, this Court will defer entering a final ruling on the motion as to all claims until this Court has received and considered the parties' briefs, if any, filed within the time allotted, in connection with the Unions' claim for sanctio ns. Therefore, IT IS ORDERED that within 5 days, should the Unions wish to pursue a claim for "sanctions" which is not equitable in nature, the Unions shall clarify their request contained within paragraph D of the Unions' Complaint, P HI shall clarify the relief it seeks with respect to the request for sanctions in a brief not to exceed 5 pages, normal fonts and margins and if the Unions argue the relief requested is not equitable in nature, whether possible dismissal should be wi th or without prejudice. THIS COURT IN NO WAY INVITES BRIEFING, DISCUSSION OR ARGUMENT ON ANY ISSUE ON WHICH THIS COURT HAS ALREADY RULED, OR AN ENLARGEMENT OF THE PLEADINGS IN ANY MANNER WHATSOEVER. RATHER, THE BRIEFING SHALL SOLELY ADDRESS ONLY TH E NARROW ISSUE OF THE NATURE AND LEGAL BASIS OF THE UNIONS' CLAIM FOR SANCTIONS AS SET FORTH ABOVE. SHOULD NO BRIEFS BE FILED WITHIN THE 5 DAYS ALLOTTED, THE COURT WILL ISSUE FINAL RULING AND JUDGMENT. Signed by Judge Rebecca F Doherty on 9/24/2012. (crt,Putch, A)
|October 5, 2012
ORDER: Considering the foregoing, IT IS ORDERED THAT, for the reasons stated in the Court's Memorandum Ruling dated 9/24/2012 [Doc. 59], which is hereby adopted as the Court's final Memorandum Ruling, PHI's Motion to Dismiss [Doc. 55 ] is GRANTED in its entirety, and the Unions' claims for injunctive and/or equitable relief, including the Unions' claims for attorney's fees and costs, sought as a sanction "in equity or otherwise" (which the Unions have now confirmed, by way of silence, are sought as an equitable remedy), are DENIED AND DISMISSED WITHOUT PREJUDICE. As the instant ruling appears to dispose of all claims alleged in the above-captioned matter, IT IS ORDERED that the parties shall submit a final judgment, approved as to form, with 10 days of the date of this Ruling and Order. Signed by Judge Rebecca F Doherty on 10/5/2012. (crt,Putch, A)
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