Blake Smith v. Pacific Bell Telephone Company, Inc. et al

Filing 156

ORDER GRANTING Motion for Summary Judgment be Defendants Pacific Bell Telephone Company, Shane Spencer, and Alan Brown, signed by Judge Oliver W. Wanger on 8/20/2009. (Jessen, A)

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J. AL LATHAM, JR. (SB# 071605) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PACIFIC BELL TELEPHONE COMPANY, INC., SHANE SPENCER, and ALAN BROWN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BLAKE SMITH, Plaintiff, vs.

CASE NO. 1:06-CV-01756-OWW-DLB ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER, AND ALAN BROWN

PACIFIC BELL TELEPHONE COMPANY, INC., AT&T COMMUNICATIONS OF CALIFORNIA, INC., SBC TELECOM, INC., COMMUNICATIONS WORKERS OF Judge: Honorable Oliver W. Wanger AMERICA LOCAL 9333 UNION, AFL-CIO, COMMUNICATIONS WORKERS OF (Submitted pursuant to Memorandum Decision AMERICA DISTRICT 9 UNION AFL-CIO, entered August 12, 2009) SHANE SPENCER, an individual, ALAN BROWN, an individual and DOES 1-100, Defendants.

LEGAL_US_W # 62454835.1

ORDER GRANTING MSJ BY DEFENDANTS PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER, AND ALAN BROWN

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The Motion for Summary Judgment by Defendants Pacific Bell Telephone Company, Shane Spencer, and Alan Brown came on for hearing on September 29, 2008, before this Court, the Honorable Oliver W. Wanger presiding. Defendants Pacific Bell Telephone Company, Shane Spencer, and Alan Brown appeared through their counsel, J. Al Latham, Jr. of Paul, Hastings, Janofsky & Walker LLP. Plaintiff appeared through his counsel, Justin Thomas Allen, Esq.

The Court, having read and considered all papers properly before the Court, and the oral arguments presented, hereby ORDERS that the Motion for Summary Judgment by Defendants Pacific Bell Telephone Company, Shane Spencer, and Alan Brown is GRANTED in its entirety, for the following reasons:

1.

Summary judgment is GRANTED as to Plaintiff's Third Cause of Action

for breach of contract because Plaintiff cannot maintain this cause of action unless he can establish that the Union Defendants breached their duty of fair representation. The Court having separately granted the Union Defendants' Motion for Summary Judgment on Plaintiff's Fifth Cause of Action for breach of the duty of fair representation, Plaintiff cannot meet this burden as a matter of law.

2.

Summary judgment is GRANTED as to Plaintiff's Sixth Cause of Action

for defamation by slander and "blacklisting" because Plaintiff cannot establish that the statements allegedly made by Defendants Brown and Spencer were made with actual malice, as is necessary to defeat the common interest privilege to which the statements were subject under Cal. Civ. Code § 47(c). Plaintiff failed to create a triable issue of fact as to whether the disputed statements were made with actual malice or that they were in any way related to a prospective employer. /// /// /// ///
LEGAL_US_W # 62454835.1

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ORDER GRANTING MSJ BY DEFENDANTS PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER, AND ALAN BROWN

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3.

The Court's further reasoning and its rulings on Defendants' motions to

strike and the parties' objections are set out in the two Memorandum Decisions regarding Defendants' Summary Judgment Motions, entered August 12, 2009, and incorporated by this reference.

IT IS SO ORDERED.

DATED: _August 20, 2009

_/s/ OLIVER W WANGER______ The Honorable Oliver W. Wanger United States District Court Judge

LEGAL_US_W # 62454835.1

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ORDER GRANTING MSJ BY DEFENDANTS PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER, AND ALAN BROWN

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