Roger Ellis v. Gelson's Markets Arden-Mayfair, Inc.

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roger ELLIS, Plaintiff-Appellant, v. GELSON'S MARKETS; Arden-Mayfair, Inc., Defendants-Appellees. No. 92-55094. United States Court of Appeals, Ninth Circuit. Submitted July 15, 1992. Decided July 29, 1993. Before GIBSON, ** HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 Roger Ellis appeals the denial of his motion to remand to state court and the dismissal of his action against Gelson's for wrongful termination, discrimination, and intentional infliction of emotional distress, which was removed on the basis of federal preemption under LMRA Sec. 301 and dismissed on grounds of res judicata. We affirm. 3 * The central issue on appeal is whether removal jurisdiction exists in this case. The jurisdictional issue is intertwined with the preemption issue. See Galvez v. Kuhn, 933 F.2d 773, 776 (9th Cir.1991). Because section 301 of the Labor Management Relations Act ("LMRA") preempts Ellis's claim for…