Johnson et al v. MultiCare Health System

Filing 16

ORDER granting 8 Motion to Remand to Pierce County Superior Court Per LCR 3(I), case will be remanded 14 days from the date of this Order on 8/6/2018; Plaintiff's request for attorneys' fees is DENIED; signed signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RALEIGH JOHNSON,
Plaintiff,

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v.

CASE NO. C18-5384 RBL
ORDER

MULTICARE HEALTH SYSTEM,

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Defendant.

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THIS MATTER is before the Court on Plaintiff Johnson’s Motion to Remand [Dkt. # 8].

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Johnson claims that Multicare’s removal was improper because his claims do not require any

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reference to the Collective Bargaining Agreement for resolution.

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The determination of whether a state cause of action is preempted by Section 301

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depends on whether the resolution of the state law claims requires an interpretation of the CBA.

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A state law claim is not preempted when it is “independent” of the CBA and when the analysis

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of the state claim does not turn on any provision of the CBA. Lingle, 486 U.S. at 407, 108 S.Ct.

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at 1882; Jimeno, 66 F.3d at 1522–23.

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ORDER - 1

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The Court agrees that the Plaintiff’s claim does not require interpretation of the CBA.

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The Motion to Remand is GRANTED and the matter is REMANDED to Pierce County Superior

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Court. The plaintiff’s request for attorneys’ fees is DENIED.

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IT IS SO ORDERED.

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Dated this 23rd day of July, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2