Bybee

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HARRY BEIER, et al., Case No. 18-cv-06632-JD

8 Plaintiffs,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 42, 43 10 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, et al., 11 Defendants.

12 13 This is an action brought by airline mechanics against their union and their employer 14 airline. Defendants’ motions to dismiss plaintiffs’ first amended complaint are dismissed in part 15 and granted in part, with leave to amend. Dkt. Nos. 42, 43. 16 BACKGROUND 17 Plaintiffs Harry Beier, John Scholz, Kevin Bybee and Sally Dill are United Airlines 18 (“UAL”) mechanics and Teamster union members. Dkt. No. 37 (First Amended Complaint or 19 “FAC”) ¶¶ 9-14. The amended complaint challenges the way their retirement benefit options were 20 handled by the Teamsters and United Airlines in connection with the airline’s bankruptcy 21 proceedings in 2002, and subsequent merger with Continental Airlines. 22 Central to the lawsuit is Letter of Agreement 05-03M (“LOA 05-03M”), which was 23 …