Compton v. Robinson et al

Filing 10

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION PLAINTIFF RODNEY COMPTON v. No. 5:12-cv-275-DPM ANTHONY ROBINSON; and GRAPHIC FLEXIBLE PACKAGING, LLC DEFENDANTS ORDER 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 ยง 301lawsuit. Complaint dismissed without prejudice. Defendant's embedded request for fees and costs is denied. So Ordered. D.P. Marshall Jr. United States District Judge 7 September 2012

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