Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-03773-WHA

Document 26

Filed 08/18/2008

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WALLACE C. DOOLITTLE, ESQ. (SBN 158116) BRADLEY D. BAYAN, ESQ. (SBN 218751) JOHN A. SWEENEY, ESQ. (SBN 164528) LAW OFFICES OF WALLACE C. DOOLITTLE 1260 B Street, Suite 220 Hayward, California 94541 TELEPHONE: (510) 888-0600 FACSIMILE: (510) 888-0606 EMAIL: [email protected] Attorneys for Defendants CALIFORNIA WASTE SOLUTIONS, INC., a California corporation (sued incorrectly herein as "CAL WASTE SOLUTIONS"), JIMMY DUONG, RUTH LIU (sued incorrectly as "RUTH LUI"), OSCAR RAMIREZ, STAN BEALE (sued incorrectly herein as "STAN BEAL") and RICH GROGAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division) REGINALD DICKERSON, LLOYD HALL, BRANDON REED AND HARRISON BROWN, Plaintiffs, v. CAL WASTE SOLUTIONS, JIMMY DUONG, RUTH LUI, OSCAR RAMIREZ, STAN BEAL, RICH GROGAN and DOES 150, Defendants. Complaint filed: July 18, 2008 Trial date: None Case No. CV 08 3773 WHA RENOTICE OF MOTION TO DISMIS S PURSUANT TO F.R.C.P. 12(B)(6), OR, IN THE ALTERNATIVE, TO COMPEL ARBITRATION Date: October 2, 2008 Time: 8:00 a.m. Dept: Courtroom 9, 19rd Floor, 450 Golden Gate Ave., San Francisco, CA 94102

1 ________________________________________________________________________________________________________ RENOTICE OF MOTION TO DISMISS PURSUANT TO F.R.C.P Rule 12(b)(6) CASE NO. CV 08 3773 WHA

Case 3:08-cv-03773-WHA

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TO: ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 2, 2008 at 8:00 a.m., or as soon thereafter as the matter may be heard, in Courtroom 9, 19rd Floor, located at 450 Golden Gate Ave., San Francisco, CA 94102, or such other department to which the Court may assign to this matter, all Defendants will and do hereby move the above-entitled Court for an order dismissing the Complaint of Plaintiffs or, in the alternative, for an order compelling arbitration of the claims set forth in the Complaint. This motion is brought pursuant to Federal Rule of Civil Procedure, Rule 12(b)(6), based upon Section 301 of the Labor Management Relations Act, and upon such other and further authorities set forth in the attached Memorandum of Points and Authorities filed herewith. Specifically, this motion to dismiss, or, in the alternative, to compel arbitration, seeks relief as follows: (1) Plaintiffs' First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Tenth

Cause of Action should be dismissed as, among other things, Plaintiffs have failed to exhaust their grievance remedies under the Teamsters Collective Bargaining Agreement, these Plaintiffs have failed to allege exhaustion of their administrative remedies, and have further failed to state legally cognizable causes of action for sexual harassment, hostile work environment and sexual battery; (2) In the alternative, arbitration is mandatory under the Collective Bargaining

Agreement and therefore if the Court is not inclined to dismiss this matter, the Court is nevertheless respectfully requested to order the matter to arbitration and to stay and hold the action in abeyance.
2 ________________________________________________________________________________________________________ RENOTICE OF MOTION TO DISMISS PURSUANT TO F.R.C.P Rule 12(b)(6) CASE NO. CV 08 3773 WHA

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This motion shall be based upon this Notice of Motion, the Memorandum of Points and Authorities previously filed, the Plaintiffs' Complaint and exhibits thereto (attached to the Notice of Removal filed by Defendants) the files and records of this action and such other and further oral and documentary evidence as may be introduced or referred to at the hearing on this matter. Dated: August 18, 2008 LAW OFFICES OF WALLACE C. DOOLITTLE ________________/S/______________________ Wallace C. Doolittle, Esq. Attorneys for Defendants CALIFORNIA WASTE SOLUTIONS, INC., a California corporation (sued incorrectly herein as "CAL WASTE SOLUTIONS"), JIMMY DUONG, RUTH LIU (sued incorrectly as "RUTH LUI"), OSCAR RAMIREZ, STAN BEALE (sued incorrectly herein as "STAN BEAL") and RICH GROGAN

3 ________________________________________________________________________________________________________ RENOTICE OF MOTION TO DISMISS PURSUANT TO F.R.C.P Rule 12(b)(6) CASE NO. CV 08 3773 WHA