Beckum

Twentieth Century-Fox Film Corp. v. Beckum

Good Law
36 F. App'x 271
United States Court of Appeals for the Ninth CircuitMay 22, 2002No. 01-55132; D.C. No. CV-00-10417-RSWL; D.C. No. CV-00-09353-RSWL; D.C. No. CV-00-09297-RSWLCalifornia851 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants Bobby Beckum, Machelle Rudolph, and Barbara Tolbert are employees of Plaintiff Twentieth Century-Fox Film Corp. (Fox). Each of them filed an action against Fox in state court, alleging violation of civil rights under the California Fair Employment and Housing Act (FEHA); failure to accommodate physical disability as required by FEHA (claimed by Randolph only); unfair business practices; intentional infliction of emotional distress; and negligent infliction of emotional distress (a claim that the state court dismissed). Fox did not seek to remove any of those cases but brought these actions directly in federal court to compel arbitration of Defendants’ claims pursuant *273 to the arbitration provisions of a collective bargaining agreement (CBA) between Defendants’ union and Fox. The district court dismissed the actions, and Fox appeals.

A. Declaratory Relief

Fox alleges that all of Defendants’ state civil rights and tort claims are “preempted” by section 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 , and that Fox is therefore entitled to declaratory and injunctive relief under the Declaratory Judgment Act, 28 U.S.C. § 2201 (a).

A district…

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