Napolitano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL JACKSON, et al. Case No.: 19cv1427-LAB (AHG)

Plaintiffs,

ORDER GRANTING IN PART

v. AND DENYING IN PART

MOTIONS TO DISMISS; AND

JANET NAPOLITANO, et al.

Defendants. ORDER ON MOTION RE:

HEARING

[DOCKET NUMBERS 8, 9, 10, 31, 38.]

19 This is a §1983 action, seeking relief for employees of the University of California at San Diego who had union dues withheld from their paychecks and who face the prospect of having dues withheld in the future. They seek relief under the recent Supreme Court decision, Janus v. Am. Fed. of State, Cnty. & Mun. Employees, Council 31, 138 S. Ct. 2448 (2018). Under Janus and Knox v. Serv. Employees Int’l Union, Local 1000, 567 U.S. 298, 322 (2012), public employees have a First Amendment right not to join a union or to pay fees to the union unless they affirmatively consent to waive that right. On the day Janus was decided, Gov. 28 …