O'SULLIVAN

O'SULLIVAN v. Longview Fibre Co.

Good Law
993 F. Supp. 743·1997 WL 834815·1997 U.S. Dist. LEXIS 18570
United States District Court, Northern District of CaliforniaNovember 18, 1997C 97-3643 MMCCalifornia2,887 words

Opinion

Opinion

Chesney, J.

ORDER VACATING HEARING DATE; GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff was fired from his job of 19 years after he signed a statement admitting drug use. He filed a complaint for breach of contract in state court, which was removed to this Court on the ground that the terms of his employment were governed by a collective bargaining agreement (“CBA”). Now before the Court is the motion of defendant to dismiss or, in the alternative, for summary judgment.

The Court deems this matter appropriate for determination upon the papers filed in support of and in opposition to the motion. Accordingly, the hearing set for November 21,1997, is hereby VACATED.

FACTS/PROCEDURAL HISTORY

On April 30, 1997, plaintiff Brian O’Sullivan (“O’Sullivan”) filed a breach of contract complaint against his former employer, defendant Longview Fibre Company (“Long-view”) in Alameda County Superior Court. O’Sullivan alleges that hé worked for Long-view for over nineteen'years under an implied-in-fact contract that O’Sullivan would not be fired except for good cause. •' According to O’Sullivan, on June 20, 1995, he was “instructed to attend, an interview, which turned out to be an…

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