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)

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HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 RALEIGH JOHNSON, Plaintiff, 10 11 v. CASE NO. C18-5384 RBL ORDER MULTICARE HEALTH SYSTEM, 12 Defendant. 13 14 THIS MATTER is before the Court on Plaintiff Johnson’s Motion to Remand [Dkt. # 8]. 15 Johnson claims that Multicare’s removal was improper because his claims do not require any 16 reference to the Collective Bargaining Agreement for resolution. 17 The determination of whether a state cause of action is preempted by Section 301 18 depends on whether the resolution of the state law claims requires an interpretation of the CBA. 19 A state law claim is not preempted when it is “independent” of the CBA and when the analysis 20 of the state claim does not turn on any provision of the CBA. Lingle, 486 U.S. at 407, 108 S.Ct. 21 at 1882; Jimeno, 66 F.3d at 1522–23. 22 23 24 ORDER - 1 1 The Court agrees that the Plaintiff’s claim does not require interpretation of the CBA. 2 The Motion to Remand is GRANTED and the matter is REMANDED to Pierce County Superior 3 Court. The plaintiff’s request for attorneys’ fees is DENIED. 4 IT IS SO ORDERED. 5 Dated this 23rd day of July, 2018. 6 7 A 8 Ronald B. Leighton United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER - 2

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