Compton v. Robinson et al
ORDER granting 5 Motion to Dismiss for Lack of Jurisdiction; denying 7 Motion to Remand; denying 7 Motion to Stay. Complaint is dismissed without prejudice, and deft's embedded request for fees and costs is denied. Signed by Judge D. P. Marshall Jr. on 9/7/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ANTHONY ROBINSON; and
Defendants' motion to dismiss, Document No.5, is granted. Section 301
of the Labor Management Relations Act completely pre-empts Compton's
claims, the only claims pleaded, under the Arkansas Civil Rights Act. His
claims are inextricably intertwined with the collective bargaining agreement
covering his employment at Graphic Flexible Packaging's Pine Bluff plant.
Caterpillar Inc. v. Williams, 482 U.S. 386, 394 (1987); Schuver v. MidAmerican
Energy Co., 154 F.3d 795, 799 (8th Cir. 1998).
The Court is bumfuzzled by Compton's invocation of the National
Labor Relations Act, Garmon pre-emption, and a Virginia state court.
Document No.8. Compton's motions to stay and remand, Document No. 7, are
denied. The Jefferson County Circuit Court has no subject matter jurisdiction
over a § 301lawsuit. Complaint dismissed without prejudice. Defendant's
embedded request for fees and costs is denied.
D.P. Marshall Jr.
United States District Judge
7 September 2012
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