Prazak

Prazak v. Local 1 International Union of Bricklayers & Allied Crafts

Good Law
2000 Daily Journal DAR 12077·233 F.3d 1149·165 L.R.R.M. (BNA) 2853·2000 Cal. Daily Op. Serv. 9082·2000 U.S. App. LEXIS 28245
United States Court of Appeals for the Ninth CircuitNovember 13, 2000No. 98-36129California2,094 words

Opinion

Lead Opinion

Nelson, J.

William Prazak appeals the district court’s summary judgment order in favor of the appellees (“the union”). The district court dismissed Prazak’s complaint, which was removed from state to federal court, for failing to comply with the six-month federal statute of limitations. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

On March 14, 1991, Prazak filed a lawsuit in Alaska Superior Court alleging hiring hall and collective bargaining violations by the union and various employers that deprived Prazak of employment. Prazak’s lawsuit was consolidated with a subsequent claim filed on August 2, 1991, alleging violations as late as July 12,1991.

The superior court initially dismissed Prazak’s lawsuit in 1994 for failure to prosecute. The Alaska Supreme Court, however, reversed the dismissal a year later. On December 1, 1995, the superior court ordered the parties to proceed with the case. Two years later, the court notified the parties that it was moving the case to the inactive calendar with an intent to dismiss. Although Prazak moved to continue the case on the inactive calendar, the superior court dismissed the case without prejudice on July 11, 1997. Prazak’s motion for…

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