General Employees Trust Fund and Board of Trustees of General Employees Trust Fund v. Hermes

Filing 23

ORDER RE: SUBJECT MATTER JURISDICTION and CONTINUING CASE MANAGEMENT CONFERENCE. Motion to Appear by Telephone is denied as moot. Case Management Conference set for 12/17/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 12/5/2014. (lmh, COURT STAFF) (Filed on 12/5/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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10 GENERAL EMPLOYEES TRUST FUND
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and BOARD OF TRUSTEES OF
GENERAL EMPLOYEES TRUST FUND,

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Petitioners,

ORDER RE: SUBJECT MATTER
JURISDICTION and CONTINUING
CASE MANAGEMENT
CONFERENCE

v.

14 YUL HERMES, an individual,
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Case No. 14-cv-04054 NC

Re: Dkt. No. 21

Respondent.

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This action was commenced by the filing of a petition to confirm an arbitration

18 award. See Dkt. No. 1. The petition asserts that this Court has subject matter jurisdiction
19 over the action under Section 301(a) of the Labor Management Relations Act, as amended,
20 29 U.S.C. § 185(a), “as an action upon a contract between an employer and a labor
21 organization representing employees in an industry affecting commerce.” Id. ¶ 1.
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In the joint case management statement submitted by the parties, respondent Yul

23 Hermes disputes the assertion that this Court has subject matter jurisdiction over the action,
24 arguing this is not “an action between a labor organization and an employer, but instead is
25 an action attempting to impose alter ego liability against individual defendant Hermes
26 [who] is not an ‘employer,’ . . . .” Dkt. No. 21. Given the threshold nature of this issue, it
27 is appropriate to address it before proceeding with case management. Accordingly, by
28 December 10, 2014, petitioners must file a brief addressing the challenge to subject matter
Case No. 14-cv-04054 NC
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

tion
b
m
esponse to p
petitioners’ brief by
’
1 jurisdict raised by Hermes. Hermes must file a re
ber
4.
2 Decemb 15, 2014

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Th case man
he
nagement conference set for Dece
s
ember 10, 2
2014, is con
ntinued to

ber
4,
a
urtroom A, 15th Floor, U.S. Distri Court, 450
ict
4 Decemb 17, 2014 at 10:00 a.m. in Cou
ue,
ancisco, Cal
lifornia.
5 Golden Gate Avenu San Fra

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IT IS SO OR
T
RDERED.

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Date: Decem
mber 5, 2014
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__________
__________
____
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0405 NC
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ORDER CONTINUING CASE
R
MANAG
GEMENT CONFERENC
CE

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