Solorzano et al v. Miranda et al

Filing 11

ORDER by Judge Hamilton granting 5 Motion to Dismiss with leave to amend, and vacating hearing (pjhlc2, COURT STAFF) (Filed on 12/20/2013) (Additional attachment(s) added on 12/20/2013: # 1 Certificate/Proof of Service) (nahS, COURT STAFF).

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 JULIO SOLORZANO, et al., 7 Plaintiffs, No. C 13-4628 PJH 8 v. 9 OLGA MIRANDA, et al., ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND AND VACATING HEARING 11 For the Northern District of California United States District Court 10 Defendants. _______________________________/ 12 Before the court is defendants’ motion to dismiss, filed on November 21, 2013. In 13 their motion, defendants argue that the court lacks jurisdiction over plaintiffs’ complaint, and 14 additionally, that the complaint fails to state a claim. 15 Although plaintiffs did not file a timely opposition to the motion, they did file a late 16 opposition on December 18, 2013, requesting that the court “allow the plaintiffs to procure 17 the proper legal representation and get an attorney and draft an amended complaint to the 18 court.” 19 As an initial matter, the court agrees with defendants that the complaint, as currently 20 pled, fails to state a claim. No specific cause of action is clearly stated, and the facts 21 underlying plaintiffs’ claim(s) are not clearly set forth. Moreover, it does appear that 22 defendants are correct in arguing that this court lacks jurisdiction over plaintiffs’ claims, and 23 that any court challenge to a labor union election must be brought by the Secretary of 24 Labor. See, e.g,, Davis v. Turner, 395 F.2d 671 (9th Cir. 1968). Thus, defendants’ motion 25 to dismiss is GRANTED. However, based on plaintiffs’ request, the court will allow plaintiffs 26 an opportunity to retain counsel and to draft an amended complaint. Any amended 27 complaint must clearly set forth any asserted causes of action, and must establish that this 28 court has jurisdiction over any asserted claims. Plaintiffs shall have until January 17, 2014 1 to obtain counsel, and shall have until February 14, 2014 to file an amended complaint in 2 accordance with this order. 3 The January 8, 2014 hearing on defendants’ motion to dismiss is VACATED. 4 IT IS SO ORDERED. 5 Dated: December 20, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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