Aal v. Capella Healthcare, Inc. et al

Filing 11

ORDER by Judge Benjamin H Settle granting 8 Partial Motion to Dismiss.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 JENNIFER AAL,
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Plaintiff,

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v.

11 CAPELLA HEALTHCARE, INC., et al.,
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CASE NO. C13-5195 BHS
ORDER GRANTING
DEFENDANTS’ PARTIAL
MOTION TO DISMISS

Defendants.

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This matter comes before the Court on Defendants Capella Healthcare, Inc., and

15 Columbia Capital Medical Center’s (“Defendants”) partial motion to dismiss (Dkt. 8).
16 The Court has considered the pleadings filed in support of the motion and the remainder
17 of the file and hereby grants the motion for the reasons stated herein.
I. PROCEDURAL HISTORY

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On February 18, 2013, Plaintiff Jennifer Aal (“Aal”) filed a complaint against

20 Defendants in Thurston County Superior Court for the State of Washington asserting
21 numerous causes of action, including retaliation for engaging in union activity in
22 violation of a Washington statute. Dkt. 1–1 at 5.

ORDER - 1

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On March 18, 2013, Defendants removed the matter to this Court. Dkt. 1.

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On March 25, 2013, Defendants filed a partial motion to dismiss. Dkt. 8. Aal did

3 not respond. On April 19, 2013, Defendants replied. Dkt. 10.
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II. DISCUSSION

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As a threshold matter, the Court may consider the failure to respond to a motion as

6 an admission that the motion has merit. Local Rule CR 7(b)(2). Aal failed to respond,
7 and the Court will consider that failure as an admission that Defendants’ motion has
8 merit.
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With regard to the merits, Defendants move to dismiss Aal’s claim for retaliation

10 for engaging in union activity in violation of a Washington statute. Dkt. 8 at 1–2.
11 Defendants argue that the National Labor Relations Act, 29 U.S.C. §§ 151–169, preempts
12 state law in this area and that the Court is without jurisdiction to hear Aal’s claim. Id. at
13 3–6. The Court agrees and grants Defendants’ motion.
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III. ORDER
Therefore, it is hereby ORDERED that Defendants’ partial motion to dismiss

16 (Dkt. 8) is GRANTED for lack of jurisdiction.
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Dated this 1st day of May, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2