Local 541 Transport Workers Union of America AFL-CIO et al v. Fudge et al
| Local 541 Transport Workers Union of America AFL-CIO and Transport Workers Union of America AFL-CIO |
| James Fudge, Earl Smith, Rick Campbell, Nate Pike, Marco Amaya, Ken York and Mark Stephens |
| 3:2014cv03639 |
| October 9, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Other Labor Litigation |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
23
ORDER: After reviewing the pleadings, file, record, objections, and Report, the court determines the basis for the 17 magistrate judge's recommendation that the court grant the 11 motion dismiss this action for lack of jurisdiction in li ght of the pending NMB proceeding is mooted by the NMB's 4/20/2015 decision and the resolution of the proceedings before it. As a result, there is no longer a risk of overlap between this case and the NMB proceeding. The court, therefore, con cludes that it has jurisdiction and sustains Plaintiffs' objection in this regard. Defendants also moved to dismiss under Rules 12(b)(1) and 12(b)(2) on other grounds. The court determines that the magistrate judge's findings and conclus ions regarding the other grounds raised in the motion to dismiss are correct, and Defendants are not entitled to dismissal of this action based on the other grounds asserted in their motion. Accordingly, for the reasons stated, the court denies Defendants' James Fudge, Earl Smith, Rick Campbell, Nate Pike, Marco Amaya, Ken York, and Mark Stephens Motion to Dismiss Plaintiffs' Original Complaint (Doc. 11 ). (Ordered by Judge Sam A Lindsay on 9/25/2015) (axm)
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