Leonard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SEAN LEONARD, MEL MENDIETA, No. 2:19-cv-00042-MCE-KJN on behalf of themselves, and all others similarly situated, Plaintiffs, MEMORANDUM AND ORDER v. FEDEX FREIGHT, INC. and Does 1 through 50, inclusive, 16 Defendants. 17 By way of this action, Plaintiffs Sean Leonard and Mel Mendieta (collectively “Plaintiffs”) seek to recover from Defendant FedEx Freight, Inc. (“Defendant”) for violations of California’s wage and hour laws and for retaliation. Presently before the Court is Defendant’s Motion for Judgment on the Pleadings (“Motion”) (ECF No. 14) seeking to dismiss the union-retaliation claims on the basis that this Court lacks subject matter jurisdiction over those causes of action because they are preempted by the exclusive jurisdiction of the National Labor Relations Board (“NLRB”). For the following reasons, Defendant’s Motion is GRANTED with leave to amend. 1 /// 27 1 Because oral argument was not of material assistance, the Court ordered this matter submitted…