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).

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