Michael Ward v. Kroger Company

MEMORANDUM

This class action concerns the harm resulting from a well-publicized lockout by Ralphs grocery stores in Southern California in late 2003 and early 2004. Plaintiffs are individual union employees of Ralphs who brought civil claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against Defendants Ralphs, Fred Meyer (the parent company of Ralphs), Kroger (the parent company of Fred Meyer), and individual employees of the three grocery stores. The district court dismissed the claims against Ralphs, and Plaintiffs do not appeal that ruling. After having granted leave to amend three times, the district court dismissed Plaintiffs’ third amended complaint. On de novo review, Scharff v. Raytheon Co. Short Term Disability Plan, 581 F.3d 899, 903 (9th Cir.2009), we affirm.

1. Through their unions, Plaintiffs waived their right to sue Kroger. See Mahon v. NLRB, 808 F.2d 1342 , 1345 (9th Cir.1987) (noting that “it has long been recognized that a union may waive a member’s statutorily protected rights” (citing Metro. Edison Co. v. NLRB, 460 U.S. 693, 705 , 103 S.Ct. 1467 , 75 L.Ed.2d 387 (1983))). The district court’s dismissal of all claims against Kroger…