Irigaray Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United State

Good Law

43 F. Supp. 3d 1080·2014 WL 4354827·59 Employee Benefits Cas. (BNA) 1541·2014 U.S. Dist. LEXIS 122841

United States District Court, Eastern District of CaliforniaSeptember 2, 2014No. 1:13-cv-1112 AWI MJSCalifornia5,485 words

Opinion

lead Opinion

Ishii, J.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND

This is an action for damages and declaratory relief by plaintiffs Irigaray Dairy, Charles Van Der Kooi Dairy, Henry Jongsma & Son Dairy and Cow-West Northstar Dairy (“Plaintiffs”) against defendants Dairy Employees Union Local No. 17, Christian Labor Association of the United States of America Pension Trust and the Board of Trustees of the Dairy Employees Union Local 17 Christian Labor Association of the United States of America Pension Trust (“Defendants”). Currently before the court is Defendants’ motion to dismiss Plaintiffs’ first amended complaint pursuant to F.R.C.P. 12(b)(6). Federal Subject matter exists pursuant to 28 U.S.C. § 1331 . Venue is proper in this court.

PROCEDURAL HISTORY

The original complaint in this action was filed on July 18, 2013. Like the currently operative First Amended Complaint, the original complaint alleges a claim for declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 and a claim for damages pursuant to California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200. On February 10, 2014, 2014 WL…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.