O'Dell v. Holden

Filing 8

ORDER granting dft's 5 Motion to Dismiss by Judge Ricardo S Martinez.(RS)cc O'Dell

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GEORGE ALLAN O’DELL,
Plaintiff,

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v.

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ORDER ON MOTION TO DISMISS

JON HOLDEN, IAM UNION 751
REPRESENTATIVE,
Defendant.

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CASE NO. C12-027RSM

This matter is before the Court for consideration of defendant Jon Holden’s Rule 12(b)(6)

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motion to dismiss for failure to state a claim. Dkt. # 5. For the reasons set forth, the motion shall be

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granted.

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Plaintiff George Allan O’Dell, appearing pro se, filed this action for discrimination in

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employment in Snohomish County Superior Court, naming as sole defendant his union representative

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Jon Holden. Dkt. # 2. Defendant removed the action to this Court on January 6, 2012, on the basis of

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federal preemption by the National Labor Relations Act, 29 U.S.C. § 159(a) and the duty of fair

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representation arising thereunder. Dkt. # 1. Defendant then moved to dismiss the complaint for failure

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to state a claim on the basis of Mr. Holden’s immunity from suit for acts in his capacity as union

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representative. Dkt. # 5.

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Plaintiff has failed to respond to the motion to dismiss in any way. Indeed, he has not appeared
ORDER - 1

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at all in this Court since the action was removed here more than three months ago. His failure to

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respond is deemed by the Court as an admission that the motion to dismiss has merit. Local Rule CR

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7(b)(2). His failure to appear in this Court is deemed as failure to prosecute. Local Rule CR 41(b)(2).

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Accordingly, defendant’s motion to dismiss (Dkt. # 5) is GRANTED, and this action is

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DISMISSED without prejudice.

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DATED this18th day of April 2012.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER - 2