Opinion
CASE NO. C13-5195 BHS
05-01-2013
JENNIFER AAL, Plaintiff, v. CAPELLA HEALTHCARE, INC., et al., Defendants.
ORDER GRANTING
DEFENDANTS' PARTIAL
MOTION TO DISMISS
This matter comes before the Court on Defendants Capella Healthcare, Inc., and Columbia Capital Medical Center's ("Defendants") partial motion to dismiss (Dkt. 8). The Court has considered the pleadings filed in support of the motion and the remainder of the file and hereby grants the motion for the reasons stated herein.
I. PROCEDURAL HISTORY
On February 18, 2013, Plaintiff Jennifer Aal ("Aal") filed a complaint against Defendants in Thurston County Superior Court for the State of Washington asserting numerous causes of action, including retaliation for engaging in union activity in violation of a Washington statute. Dkt. 1-1 at 5.
On March 18, 2013, Defendants removed the matter to this Court. Dkt. 1.
On March 25, 2013, Defendants filed a partial motion to dismiss. Dkt. 8. Aal did not respond. On April 19, 2013, Defendants replied. Dkt. 10.
II. DISCUSSION
As a threshold matter, the Court may consider the failure to respond to a motion as an admission that the motion has merit. Local Rule CR 7(b)(2). Aal failed to respond, and the Court will consider that failure as an admission that Defendants' motion has merit.
With regard to the merits, Defendants move to dismiss Aal's claim for retaliation for engaging in union activity in violation of a Washington statute. Dkt. 8 at 1-2. Defendants argue that the National Labor Relations Act, 29 U.S.C. §§ 151-169, preempts state law in this area and that the Court is without jurisdiction to hear Aal's claim. Id. at 3-6. The Court agrees and grants Defendants' motion.
III. ORDER
Therefore, it is hereby ORDERED that Defendants' partial motion to dismiss (Dkt. 8) is GRANTED for lack of jurisdiction.
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BENJAMIN H. SETTLE
United States District Judge