Emmanuel Zermeno et al v. Unite Here Local 11 et al
| David Guardado and Emmanuel Zermeno |
| Does and Unite Here Local 11 |
| 2:2017cv03055 |
| April 24, 2017 |
| US District Court for the Central District of California |
| Paul L. Abrams |
| Virginia A. Phillips |
| Labor: Labor/Mgt. Relations |
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Filing
22
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (DOC.NO.17)AND REMANDING FOR LACK OF SUBJECT-MATTER JURISDICTION by Judge Virginia A. Phillips. On August 11, 2017, Defendant United Here Local 11 (Local 11) filed a motion to dismiss the first claim in Plaintiffs First Amended Complaint (Motion). (Doc. No. 17.) Pursuant to Local Rule 7-9, Plaintiffs Emmanuel Zermeno and David Guardado (Plaintiffs) were required to file their opposition not later than twenty-one (21) days before the date designa ted for the hearing of the motion, on August 21, 2017. See L.R. 7-9. Plaintiffs did not file an opposition. Under Local Rule 7-12, [t]he Court may decline to consider any memorandum or other document not filed within the deadline set by order or loca l rule. The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion. L.R. 7-12. As Plaintiffs have failed to file any opposition to Defendants Motion, the Cou rt deems Plaintiffs consent to the granting... of the motion. This is now the second time that Plaintiffs have failed to oppose a motion to dismiss. (See Doc. No. 12 at 6-8 (granting motion to dismiss for failure by Plaintiffs to file an opposition). )Accordingly, Defendants Motion is GRANTED and Plaintiffs First Claim forViolation of the Duty of Fair Representation against Defendant Local 11 isDISMISSED WITH PREJUDICE. Accordingly, the Court finds it lacks subject matter jurisdiction over this matter and REMANDS this matter to the Superior Court of the State of California for the County of Los Angeles (Case number BC637330). Case Terminated. Made JS-6. (SEE DOCUMENT FOR FURTHER DETAILS). (ab)
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