Regional Local Union No. 846 et al v. Gulf Coast Rebar, Inc.
||Regional District Council Pension Trust, Regional District Council Training Trust, Regional District Council Vacation Trust, Regional District Council Welfare Trust, Regional Local Union No. 846, AFL-CIO and Luis Quintana
||Gulf Coast Rebar, Inc.
||May 31, 2011
||Oregon District Court
||John V. Acosta
|Nature of Suit:
|Cause of Action:
||29:1132 E.R.I.S.A.-Employee Benefits
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 22, 2012
OPINION and ORDER - The Court ADOPTS IN PART Judge Acosta's findings and recommendations 49 , as follows: The Court adopts all of Judge Acosta's findings and recommendations except those concerning Gulf Coast's motion to dism iss for failure to state a claim, beginning with Section I.B.2, "The Agreement does not meet the LMRA Structural Requirements," on page 14, and continuing until the end of section I.C, "Plaintiffs' Failure to State a Claim," ending on page 21. Accordingly, the Court GRANTS Gulf Coast's motion to compel arbitration of Regional's LMRA claim, DISMISSES Regional's LMRA claim without prejudice, DENIES Gulf Coast's motion to compel arbitration of the Trusts ' ERISA claim, GRANTS Gulf Coast's motion to stay the Trusts' ERISA claim pending arbitration of Regional's LMRA claim, and DENIES Gulf Coast's alternative motion to transfer venue with leave to refile after the stay of the Trusts' claims is lifted 39 Signed on 10/22/12 by Judge Michael H. Simon. (mja)
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