Hogan v. Safeway et al

Filing 38

ORDER RE: MOTION TO DISMISS 27 FIRST AMENDED COMPLAINT. Signed by Judge Jeremy Fogel on June 23, 2011. (jflc1, COURT STAFF) (Filed on 6/23/2011)

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**E-Filed 6/23/2011**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LESTER HOGAN,

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Plaintiff,

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ORDER1 RE: MOTION TO DISMISS
FIRST AMENDED COMPLAINT

v.
[Re: Docket No. 27]
SAFEWAY STORES, a California corporation;
LOCAL 5 of the UNITED FOOD AND
COMMERCIAL WORKERS UNION, an
unincorporated association,
Defendants.

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Case Number 5:10-cv-04262-JF/PSG

This case arises out of the alleged wrongful termination of Plaintiff Lester Hogan by
Defendant Safeway Stores (“Safeway”). Hogan, a former union member, alleges that Defendant
United Food and Commercial Workers Union, Local 5 (the “Union”) provided him inadequate
representation by refusing to pursue arbitration of his grievance against Safeway.
Pursuant to Fed. R. Civ. P. 12(b)(6), the Union moved to dismiss Hogan’s first amended
complaint on March 17, 2011. The Court heard oral argument on May 6, 2011, and indicated
orally that it would grant the motion, with leave to amend. In light of the fact that Hogan now
has filed a second amended complaint and Defendants have answered that pleading, the motion
is now moot, and the Court will not issue a formal order.

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This disposition is not designated for publication in the official reports.

Case No. 5:10-cv-04262-JF/PSG
ORDER RE: MOTION TO DISMISS FIRST AMENDED COMPLAINT
(JFLC1)

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IT IS SO ORDERED.
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DATED: June 23, 2011

___________________________
JEREMY FOGEL
United States District Court

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Case No. 5:10-cv-04262-JF/PSG
ORDER RE: MOTION TO DISMISS FIRST AMENDED COMPLAINT
(JFLC1)