Bailey

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAN BAILEY, No. 2:18-CV-0055-DAD-DMC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ENLOE MEDICAL CENTER, 15 Defendant. 16 17 Plaintiff, who is proceeding with retained counsel, brings this civil action for 18 wrongful termination. The original complaint, filed in the Butte County Superior Court in 19 December 2017, was removed to this Court based on federal question jurisdiction. See ECF No. 1 20 (Notice of Removal). Defendant contends the matter presents a federal question because 21 Plaintiff’s claims require substantial interpretation of a collective bargaining agreement between 22 an employer and a union, which is governed under the Labor Management Relations Act. See id. 23 at 3. 24 Pending before the Court is Defendant’s motion to dismiss, filed on October 14, 25 2022, arguing that Plaintiff’s defamation claim should be dismissed. See ECF Nos. 114, 114-1. 26 Plaintiff filed an opposition on November 14, 2022. See ECF No.…