Surf City Steel, Inc. v. International Longshore & Warehouse Union
Opinion
Lead Opinion
Reidconnell, J.
ORDER RE: MOTION TO DISMISS [48]
I. INTRODUCTION.
Pending before the .Court is Defendants’ motion to dismiss Plaintiffs’ Second Amended Complaint (“SAC”) pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 48.) After consideration of the papers "filed in support of and in opposition to, the instant, motion, the Court deems this matter appropriate for decision ■ without *1224 oral argument of counsel. See Fed.R.Civ.P. 78; C.D. Cal. L.R. 7-15. For the following reasons, Defendants’ motion is GRANTED in part and DENIED in part.
II. BACKGROUND
A.The Parties
Plaintiffs are comprised of two primary groups. First, Plaintiffs Surf City Steel, Inc. and Sarens USA, Inc. (collectively, the “Employer Plaintiffs”) are each California corporations that constitute “employers” within the meaning of 29 U.S.C. § 152 (2). 1 (SAC ¶¶5-6.) Plaintiffs allege that the Employer Plaintiffs each perform work within the relevant market area -described in the SAC and performed relevant work within that market area. (SAC ¶7.) Second, Plaintiffs International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers (“Iron Workers”), International Association Local 378,…