National Labor Relations Board v. Vista Del Sol Health Services, Inc.

ORDER GRANTING IN PART AND DENYING IN PART THE NLRB’S APPLICATION FOR ORDER COMPELLING RESPONDENT’S COMPLIANCE WITH ADMINISTRATIVE SUBPOENAS DUCES TECUM

ORDER GRANTING THE NLRB’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

On March 21, 2014 Vista del Sol Health Care Services, Inc. (“Vista”) filed Case No. CV 14-02193 MMM (FFMx) (Vista), against the National Labor Relations Board, Region 31 (“the NLRB” or “the Board”), seeking a declaration that two subpoenas duces tecum issued by the NLRB are invalid and an injunction against their enforcement. 1 On May 7, 2014, the NLRB filed a motion to dismiss the case for lack of jurisdiction. 2 Vista opposes the motion.

*1243 On April 30, 2014, the NLRB filed Case No. CV 14-03337 MMM (FFMx) (NLRB), seeking an order requiring Vista to comply with the same two subpoenas. 4 The case was originally assigned to Judge Stephen Wilson but was transferred to this court as a case related to Vista 5 Vista opposes the NLRB’s application.

I. FACTUAL BACKGROUND

A. Facts Adduced by the Parties with Respect to the Board’s Application

Vista operates a skilled nursing facility. Between October 18 and December 9, 2013, the Service…