Service Employees International Union, United Healthcare Workers-West v. Prime Health Care Services, Inc.

MEMORANDUM

Plaintiff Service Employees International Union, United Healthcare Workers— West (“SEIU”) timely appeals from the summary judgment entered in favor of Defendants. Reviewing de novo, Travelers Prop. Cas. Co. of Am. v. ConocoPhil-lips Co., 546 F.3d 1142, 1145 (9th Cir. 2008), we affirm.

Plaintiff contends that Defendants violated the Federal Worker Adjustment Relocation and Notification Act (“WARN Act”) by failing to notify employees at least 60 days before a change in hospital management that resulted in a workforce reduction and loss of union representation. In order to trigger a duty to warn under the WARN Act, a “mass layoff’ or a “plant closing” must have occurred. See 29 U.S.C. § 2102 (a) (“An employer shall not order a plant closing or mass layoff until the end of a 60-day period after the employer serves written notice of such an order[.]”); Int’l Alliance of Theatrical & Stage Employees v. Compact Video Servs., Inc., 50 F.3d 1464 , 1466 (9th Cir.1995) (“WARN requires that an employer give 60 days advance warning before any ‘plant closing’ or ‘mass layoff.’ ”).

Plaintiff argued in its opening brief only that a mass layoff had occurred at the hospital. Plaintiff…