Kaufman et al v. Pacific Maritime Association et al
Filing
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ORDER by Judge Edward M. Chen Granting 10 13 Defendants' Motions to Dismiss Without Prejudice and With Leave to Amend. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 12/18/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RONNIE KAUFMAN, et al.,
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For the Northern District of California
United States District Court
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No. C-12-5051 EMC
Plaintiffs,
v.
PACIFIC MARITIME ASSOCIATION,
et al.,
ORDER GRANTING DEFENDANTS’
MOTIONS TO DISMISS WITHOUT
PREJUDICE AND WITH LEAVE TO
AMEND
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Defendants.
___________________________________/
(Docket Nos. 10, 13)
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On September 28, 2012, Plaintiffs Ronnie Kaufman and Alphonce Jackson filed a complaint
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against Defendants Pacific Maritime Association (“PMA”), International Longshore and Warehouse
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Union (“ILWU”), and ILWU Local 34. Compl., Docket No. 1. Plaintiffs’ complaint alleges five
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causes of action: (1) “LMRA 301”; (2) discrimination; (3) breach of contract; (4) collusion; and (5)
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“breach of fair representation.” Id. On October 30, 2012, PMA filed a motion to dismiss (Docket
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No. 13) and the ILWU Defendants filed a motion to dismiss or for a more definite statement (Docket
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No. 10).
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Plaintiffs’ complaint is facially deficient. Under the Federal Rules of Civil Procedure, Rule
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8(a)(2), a Complaint must contain “a short and plain statement of the claim showing that the pleader
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is entitled to relief . . . .” Here, Plaintiffs’ complaint solely consists of quotations of what appears to
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be their collective bargaining agreement (“CBA”) under the header “breach of contract” (see
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Compl., Docket No. 1, at 2-6); an allegation that “ILWU Local 34 has worked under a secret and
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fraudulent agreement with the employer [PMA],” which agreement “allows ILWU Local 34 and
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[PMA] to breach a total of 24 sections of the [CBA] on a continuous and ongoing basis” (id. at 7);
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and a conclusion that “the union’s misconduct towards the Plaintiffs is arbitrary, discriminatory and
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in bad faith” (id.). Plaintiffs do not allege how Defendants’ conduct was unlawful nor how such
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conduct caused them harm. See Cousins v. Lockyer, 568 F.3d 1063, 1067 (9th Cir. 2009) (while “a
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complaint need not contain detailed factual allegations . . . it must plead ‘enough facts to state a
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claim to relief that is plausible on its face’”) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
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(2007)). Plaintiffs’ opposition briefs likewise fail to highlight any facts showing how Defendants’
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conduct was unlawful or how such conduct caused them harm. See Pls.’ Opp’n to PMA Mot.,
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Docket No. 19; Pls.’ Opp’n to ILWU Mot., Docket No. 18.
Thus, the Court DISMISSES Plaintiffs’ complaint without prejudice and with leave to
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For the Northern District of California
United States District Court
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amend. Plaintiffs will have sixty days from the date of this order in which to file an amended
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complaint. For Plaintiffs’ benefit, the Court directs their attention to the Handbook for Pro Se
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Litigants, which is available along with further information for the parties on the Court’s website
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located at http://cand.uscourts.gov/proselitigants. Plaintiffs may also contact the Legal Help Center,
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450 Golden Gate Avenue, 15th Floor, Room 2796, Telephone No. (415) 782-9000 extension 8657,
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for free legal advice regarding their claims.
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This order disposes of Docket Nos. 10 and 13.
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IT IS SO ORDERED.
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Dated: December 18, 2012
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_________________________
EDWARD M. CHEN
United States District Judge
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