Johnson v. American Federation of Government Employees, Local 1199 et al

Filing 12

ORDER Granting Defendant Federal Labor Relations Authority's 4 Motion to Dismiss. Plaintiff's first claim for relief (his only claim against the FLRA) is Dismissed with prejudice. This order terminates all claims against the Federal L abor Relations Authority in this matter. The hearing set for 10/3/2016 is Vacated and the 11 Motion to Vacate that hearing is Denied as moot. Signed by Judge Jennifer A. Dorsey on 8/26/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Michael Johnson,

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2:16-cv-01739-JAD-GWF

Plaintiff

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v.

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American Federation of Government
Employees, Local 1199; Vernon Steed,
individually and in his capacity as President
of AFGE Local 1199; Federal Labor
Relations Authority; and Does I-X and Roe
Corporations 110, inclusive,

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Order Granting the FLRA’s Unopposed
Motion to Dismiss and Vacating Hearing
[ECF Nos. 4, 11]

Defendants

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Plaintiff Michael Johnson sues the Federal Labor Relations Authority (“FLRA”) for

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violating his due process rights when resolving his labor-related dispute with his union and its

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president. He also sues the union and its president for defamation and intentional interference

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with his employment contract, and he asserts an additional negligence claim against the union.1

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The FLRA moved to dismiss Johnson’s single § 1983 claim against it, arguing that the

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claim is barred by sovereign immunity and fails because it does not allege an act under color of

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state law or in violation of any constitutional right.2 Johnson’s opposition, if any, was due by

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August 22, 2016.3 He neither filed a response by that deadline nor moved to extend it. Local

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Rule 7-2(d) states that “The failure of an opposing party to file points and authorities in response

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to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees,

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constitutes a consent to the granting of the motion.” I apply this rule and,

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IT IS HEREBY ORDERED that the Federal Labor Relations Authority’s Motion to
Dismiss [ECF No. 4] is GRANTED. Plaintiff’s first claim for relief (his only claim against

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ECF No.1.

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ECF No. 4.

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L.R. 7-2(b).

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the FLRA) is DISMISSED with prejudice under FRCP 12(b)(6) because it does not and cannot

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plead the state action required for a § 1983 claim,4 so amendment would be futile. This order

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terminates all claims against the Federal Labor Relations Authority in this matter.

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IT IS FURTHER ORDERED that the hearing set for 10/3/16 is VACATED and the
Motion to Vacate that hearing [ECF No. 11] is DENIED as moot.

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DATED: August 26, 2016

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_______________________________
_____________________
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Jennifer A. Dorsey
nnifer A
ifer
y
United States District Judge
nited
District Judg
ict

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Because I grant the motion on this basis, I decline to reach the remaining arguments.
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