Thomas
Thomas v. Vulcan Materials Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GARY PRICE THOMAS, Case No. 19-cv-06042-KAW
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
TEAMSTERS LOCAL 665, et al., Re: Dkt. Nos. 96, 97 Defendants.
12 Plaintiff Gary Price Thomas filed the instant case alleging that Defendants Teamsters Local 665, Michael Yates, Mark Gleason, Teamsters Local Union 853, and Rodney Smith (collectively, “Union Defendants”) discriminated against Plaintiff by failing to properly protect Plaintiff’s interests. (See First Amended Compl. (“FAC”) ¶ 44, Dkt. No. 69.) Plaintiff brings three claims against the Union Defendants: (1) wrongful employment discrimination in violation of the Fair Employment Housing Act (“FEHA”), (2) intentional infliction of emotional distress, and (3) unjust enrichment. On August 27, 2021, Defendants filed a motion to dismiss. (Dkt. No. 96.) Plaintiff did not file an opposition, which was due by September 10, 2021. (See Civil Local Rule 7-3(a).) On …