Byers v. First Transit, Inc.

Full title: JULIE D. BYERS, Plaintiff, v. FIRST TRANSIT, INC., a foreign corporation…

Court: United States District Court, D. Oregon

Date published: Jul 6, 2010

Civ. No. 10-394-AA (D. Or. Jul. 6, 2010)

Opinion

Civ. No. 10-394-AA.

July 6, 2010

ORDER

ANN AIKEN, District Judge

Defendant filed a motion to dismiss on April 19, 2010 alleging lack of subject matter jurisdiction. Plaintiff, represented by counsel, requested additional time to respond to the motion. The court granted plaintiff's motion and plaintiff's opposition was due May 10, 2010. To date, nearly two months later, plaintiff has failed to file any opposition or response to defendant's motion. The court will therefore consider defendant's motion unopposed.

Pursuant to Fed.R.Civ.P. 12(b)(1), defendant's motion is granted. Plaintiff brings a single wrongful discharge claim based upon the allegation that she was terminated due to her involvement in "union organizational activities." Complaint, para. 5. Plaintiff's wrongful discharge claim is preempted by the National Labor Relations Act, 28 U.S.C. ¶¶ 157,158. See also,Brands v. First Transit, Inc., 278 Fed. Appx. 722, 724 (9^th Cir. 2008).

Defendant's motion to dismiss (doc. 5) is granted and defendant's request for attorney fees is denied.

IT IS SO ORDERED.