Wood

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 JANICE WOOD, ET AL., CASE NO. 19-cv-04287-YGR

Plaintiffs,

ORDER GRANTING IN PART AND DENYING

vs. IN PART MOTION TO DISMISS

MARATHON REFINING LOGISTICS SERVICES Re: Dkt. Nos. 29, 35,

LLC,

12 Defendant. 13 This is the second round of briefing on the complaint filed by plaintiffs Janice Wood, Anthony Alfaro, and Aaron Dietrich against defendant Marathon Refining Logistics Services LLC. In its prior order, this Court granted defendant’s motion to dismiss with leave to amend on the ground that plaintiffs’ claims were preempted by section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. section 185(a). Specifically, the Court held that preemption applied based on the second prong of the preemption test set forth in Burnside v. Kiewit Pac. Corp., 491 F.3d 1053 (9th Cir. 2007), that is, because plaintiffs’ claims, as pleaded, appeared to be “substantially dependent” on the terms of a collectively bargained agreement (“CBA”) and…