Migliori
Migliori v. Boeing North American, Inc.
Opinion
Opinion
Collins, J.
ORDER DENYING DEFENDANTS’ MOTION PURSUANT TO FED.R.CTV.
Defendants’ motion for summary judgment came on regularly for hearing before this Court on September 11, 2000. After considering the materials submitted by the parties, argument of counsel, and the case file, the Court DENIES Defendants’ motion.
I. Procedural Background
Plaintiffs Mario and Irma Migliori filed a complaint in state court on September 13, 1999 against various entity Defendants related to Boeing North American, Inc., and against three individuals, David Saxe, R.E. Alexander, and M.E. Remley. Plaintiffs subsequently filed a First Amended Complaint (“FAC”) in November 1999. The entity [Illegible Text] (“Boeing”) time ly removed to this Court. Boeing moved to dismiss on January 3, 2000 and was joined in its motion by Remey. The.Court ruled on the motion to dismiss on April 17, 2000. See Migliori v. Boeing North American, Inc., 97 F.Supp.2d 1001 (C.D.Cal.2000).
The Court granted Defendants’ motion to dismiss in part. The Order dismissed M. Migliori’s negligence claims because the Workers’ Compensation Act precluded those claims. Id. at 1012 . However, Mi-gliori’s claims based on Boeing’s fraudulent…