Moogalian v. Honeywell International, Inc.

Filing 25

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 4/10/2014. Copies as DIRECTED to counsel of record.(cmcc, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JEFFREY M. MOOGALIAN,

Plaintiff,
v.

Civil Case No. 3:13cv706

HONEYWELL INTERNATIONAL, INC.,
Defendant.
MEMORANDUM OPINION

This matter comes before the Court on the defendant's motion for judgment on the

pleadings. (Dk. No. 20.) Federal law preempts the plaintiffs claim, which is subsequently barred
the applicable statute of limitations. The Court GRANTS the defendant's motion.
I. Statement of Material Facts

The plaintiff, Jeffrey Moogalian, worked for the defendant, Honeywell International, Inc.,

as an employee subject to the terms of a Collective Bargaining Agreement between Honeywell
and Moogalian's union. On November 23, 2010, Moogalian entered into a Last Chance
Agreement (the "LCA") with Honeywell and the union, which provided that: 1) should Moogalian
violate the terms of the LCA, Honeywell could summarily fire him, and 2) the union would not

defend Moogalian. On August 24, 2012, Honeywell discharged Moogalian for violations of the

LCA. Moogalian's union refused to defend him. Moogalian filed the instant action, alleging a
breach of contract (the LCA) claim, against Honeywell on August 23, 2013.
II. Standard of Review

The standard of review for a Rule 12(c) motion for judgment on the pleadings is the same

as the standard used in a Rule 12(b)(6) motion for failure to state a claim. See Independence