Smith-Emery Company et al v. International Union of Operating Engineers, Local Union No. 12 et al
| Smith-Emery Company and Smith-Emery Laboratories, Inc. |
| Does, International Union of Operating Engineers, Local Union No. 12, Trustees of the Operating Engineers Health and Welfare Fund, Trustees of the Operating Engineers Pension Trust, Trustees of the Operating Engineers Training Trust and Trustees of the Operating Engineers Vacation Holiday Savings Trust |
| 2:2017cv02984 |
| April 20, 2017 |
| US District Court for the Central District of California |
| Alexander F. MacKinnon |
| Christina A. Snyder |
| Labor: Labor/Mgt. Relations |
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Filing
32
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Trustees' Motion to Dismiss 14 ; and Local 12's Motion to Dismiss 17 . Having determined that none of plaintiffs' claims in this action is preempted by Section 30 I-and because t here is no alternative basis for this court to exercise jurisdiction-the Court concludes that this matter is appropriately remanded to state court for further proceedings. In remanding the action, the Court does not consider whether a settlement reac hed in the 2009 Action has collateral estoppel effect on plaintiffs claims, nor does the Court here consider whether the operative SAC sufficiently states a claim, nor does the Court reach the merits of any of defendants' other arguments in favor of dismissal. the Court REMANDS this action to the Los Angeles County Superior Court, Case No. BC587840. See document for further details. Court Reporter: Not Present. (gk) Modified on 8/22/2017 (gk).
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