Kane

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 MARK KANE, Case No. 22-cv-04583-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

MATSON NAVIGATION COMPANY, Re: Dkt. No. 20 INC., et al., 10 Defendants.

11 Defendants Matson Navigation Company, Inc. (“Matson”) and Theodore Bernhard move to dismiss a First Amended Complaint (“FAC”) arising from plaintiff Mark Kane’s termination from his job aboard a ship that Matson owned and Bernhard captained, because Kane’s claims are preempted by section 301 of the Labor Management Relations Act (“LMRA”). Kane’s breach of contract, breach of the implied covenant of good faith and fair dealing, and intentional interference with economic relations claims appear to be preempted as pleaded, but it is not entirely clear whether Kane bases these claims on the collective bargaining agreement (“CBA”) between Matson and his union, the shipping articles outlining the dates of his employment, or something else. As pleaded, the claims either arise…