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Citations: F. CBHS F. Cohen; and Silver Cloud, Inc. Hoyt, individually and as a representative of Jobs with Justice; and DoesDefendants. Case No.

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City of Los Angeles, F. Where the documents are not physically attached to the complaint, they may be considered if the documents' "authenticity. Branch v. Tunnell, 14 F. FHP, Inc.

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Further, pursuant to Fed. Mack v.

South Bay Beer Distrib. A court may not, however, take judicial notice of a fact that is subject to reasonable dispute. In addition, Federal Rule of Civil Procedure 12 d provides that "[a]ll parties must be given a reasonable opportunity to present all the materal that is pertinent" to a motion for judgment on the pleadings. Although a motion for judgment on the pleadings is not specifically identified in CR 7 d 3the motion should be considered equivalent to a motion to dismiss for purposes of determining the proper limit.

Therefore, Regional Council's motions do not exceed the limit. In addition, as pointed out by Regional Council, it appears that while Plaintiffs limited their responses to 12 s, they appear to have exceeded any limit by providing additional factual argument in their attorneys' declarations attached to their responses.

As a result, Plaintiffs have not been prejudiced by restricting themselves to 12 s. Finally, the Court has permitted Plaintiff further briefing. Plaintiffs next argue that Regional Council filed the motions prematurely because pleadings were not closed at the time of filing. While Plaintiffs are correct that Regional Council filed the motions prior to the close of pleadings, Defendant Jobs with Justice has now answered, and the pleadings are closed.

On August 17,the Court issued a minute order, allowing Plaintiffs to supplement their response. On August 26,Plaintiffs provided additional briefing. On August 31,Regional Council filed replies. Having received no objections, the Court took judicial notice of the requested documents. In Count I of this claim, Plaintiffs allege that Point Ruston and Rain City entered into an agreement in which Rain City was to perform concrete work at the Point Ruston Project, and later entered into an agreement with Diamond Concrete, and that Regional Council knew of these agreements.

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Plaintiffs' fourth claim for relief alleges interference with business expectancy. This claim nearly mirrors Plaintiffs' third claim, but alleges some different business relationships with which Regional Council has interfered. Regional Council maintains that Point Ruston's and Silver Cloud's state contract claims for tortious interference with contract and tortious interference with business expectancy are preempted by Section Southern California Dist. Council of Carpenters, F.

The Court begins by summarizing the relevant federal and state statutes, and then addresses the case law concerning the issue of preemption under Section Secondary boycott activities are those "which are calculated to involve neutral employers and employees in the union's dispute with the primary employer. Council of the Pac. Specifically, Section prohibits an attempt by a labor organization to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is to force or require any person to cease doing business with any other person, or for the purpose of forcing or requiring another person to as work to employees in a particular labor organization.

To prove tortious interference with contractual relations or business expectancy, the plaintiff must produce evidence sufficient to support all the following findings: 1 the lpoking of a valid contractual relationship or business expectancy; 2 the defendant's knowledge of and intentional interference with that relationship or expectancy; 3 a breach or termination of that relationship or expectancy induced or caused by the interference; 4 an improper purpose or the use of improper means by the defendant that caused the interference; and 5 resultant damage.

Eugster v. City of Spokane, Wash. Section Preemption Rjston Council maintains that San Antonio stands for the proposition that Section completely preempts Plaintiffs' contract-based claims. The union was engaged in a labor dispute with a hospital construction subcontractor, but not with the hospital itself. The hospital had filed l complaint alleging unlawful secondary boycott activities under Sectionas well as additional state tort and contract-based claims.

The district court granted the injunction. On appeal, the Ninth Circuit upheld the injunction, after finding that the hospital's defamation claims formed the "only possible basis for the preliminary injunction. The Court held that the hospital's state law claims for interference with prospective economic advantage and contractual rights claims were preempted by Sectionstating that such claims "cannot form the basis of injunctive relief" because only damages were available under Section Plaintiffs seek to distinguish San Antonio, and maintain that there is no authority supporting Regional Council's position that ,ooking completely preempts their contract-based claims.

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Plaintiffs loojing that San Antonio is inapposite because the issue before the Ninth Circuit was whether the remedy sought by the hospital conflicted with its Section claim. Therefore, Plaintiffs maintain, "there is no authority that there is complete preemption between Section claims and interference with contract claims. Plaintiffs suggest that the San Antonio court applied the doctrine of conflict preemption, rather than complete preemption.

In addition, Plaintiffs argue that Section does not preempt their contract-based claims because the claims are based on allegations of conduct that "falls outside the protection of federal labor law" rather than the type of conduct protected by federal labor law, as was the case in Morton, infra n. Finally, Silver Cloud argues that Section cannot preempt its contract-based claims because it has no existing relationship or contact with Rain City.

Conflict preemption is the doctrine whereby state law is preempted to the extent it conflicts with federal law, regulations or loooing Constitution. Barnett Bank of Marion County, N. Nelson, U. Complete preemption is a term that describes "the specific situation in which a federal law not only preempts a state law to some degree but also substitutes a federal cause of action for the state cause of action. A state claim may be completely preempted when Congress clearly intended to completely "replace a state law with federal law rustom create a federal forum.

The San Antonio decision appears ruzton have been based on conflict preemption; it is not clear that this decision stands for the proposition that contract-based claims are completely preempted by Section The Ninth Circuit's holding that the plaintiff's contract-based claims were preempted was based on its conclusion that injunctive relief available under the pertinent state laws was not available under Section In reaching this conclusion, the Court adopts the reasoning set out in Smart, F.

In Rustoon, the Seventh Circuit held that Section completely preempts state-law claims related to secondary boycott activities described in Dor b 4. The Seventh Circuit found that "Congress has provided an explicit means of redressing alleged violations of section b 4 through section of Title The Smart court concluded duston the plaintiff had rustoj a federal claim under the LMRA, despite his choice to instead articulate his claim under the Illinois Antitrust Act.

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In this case, Plaintiffs' contract-based claims are completely preempted by Section Similar to the plaintiff's state antitrust claim in Smart, Plaintiffs' contract-based claims in this case seek damages for conduct already prohibited by Section b 4. See Smart, F. Plaintiffs' contract-based claims allege duston Regional Council engaged in activity deed to interfere with Plaintiffs' contracts and business expectancies, and allege that Regional Council did so to pressure Point Ruston, Silver Cloud, and others to terminate or otherwise interfere with business relations.

Labor organizations and their agents are specifically prohibited from engaging in such activity by Section b 4. Therefore, these claims are preempted and must be dismissed. Silver Cloud further alleges that Regional Council 1 threatened and intimidated neutral entities to discourage them from dealing with Silver Cloud, and 2 picketed Silver Cloud at locations that are geographically separate from the location where Rain City is performing its work.

Regional Council contends that Silver Cloud's Section claim must be dismissed because Silver Cloud did not specify facts that support its claim. Regional Council maintains that although picketing may trigger Section liability, Silver Cloud's allegation of picketing is conclusory, and not supported by alleged facts. With respect to allegations of bannering and handbilling, Regional Council argues that Silver Cloud's claim fails as a matter of law because such activity is permitted under federal labor laws.

Carpenters Local Union No. In response, Silver Cloud maintains that its allegation of picketing is sufficient because "a more in-depth description of picketing is not required" under notice-pleading standards. Silver Cloud further argues that Overstreet is inapposite because Overstreet addressed a petition seeking injunctive relief, whereas Silver Cloud has pled an action for damages. While Silver Cloud's Section claim comes close to providing merely a recitation of the elements, see Iqbal, suprathe Court concludes that Rustton Cloud has pled a cognizable Section lookiny because it has alleged a set of facts which give rise to a plausible claim.

The Court has considered Silver Cloud's allegations concerning the letter Regional Council sent to Silver Cloud discussing its labor dispute with Rain City, as well as allegations of picketing and bannering at two Silver Cloud hotels. Moreover, the Court has also considered Silver Cloud's allegations as they relate to the totality of Plaintiffs' allegations made throughout the complaint.

At this stage of the litigation, Silver Cloud's Section claim should proceed. As the Ninth Circuit observed in Overstreet, the text of Section is vague, and courts have struggled with differentiating between expressive conduct that is protected by the First Amendment and coercive or threatening conduct which violates Section See Overstreet, F.

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The Court has reviewed the cases cited by the parties, and concludes that, in this case, differentiating from prohibited and permissive conduct requires further factual development of the record. The Court notes that, as Silver Cloud points out, the Overstreet Court reviewed a claim for preliminary injunctive relief.

Overstreet, F. ificantly, the Overstreet court reviewed the facts of the case, and determined that the union had not engaged in intimidating conduct. See id. In this case, it appears that the viability of this claim will depend on the specific factual context of Regional Looikng alleged rusto. If, after further development of the record, Regional Council can demonstrate that the facts of rustn case do not support Silver Cloud's Section rusyon, it may move for summary judgment. In support of its motion, Regional Council urges the Court to take judicial notice of various evidentiary items.

The parties apparently agree that the proper defamation standard is set out in Steam Press Holdings v. Hawaii Teamsters, LocalF. The Court concludes that Plaintiffs' defamation claims survive Regional Council's motion for judgment on the pleadings. Without addressing each individual alleged defamatory statement challenged by Regional Council, the Court identifies one statement which gives rise to a plausible defamation claim: Regional Council's alleged statement concerning the release of "Asarco dust" into the community.

Regional Council contends that the statement that Point Ruston was releasing "Asarco dust" presumably implying dust containing toxins or poisons into the community is not actionable because the statement is true. Plaintiffs counter that this statement is false, and that this and other statements were published with actual malice.

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The Court finds that, at least with regard to this statement, a cognizable defamation claim has been asserted. In support of its argument that the "Asarco rustoh statement cannot give rise to a cognizable defamation claim, Regional Council cites a YouTube video and photographs.

Regional Council maintains that this evidence "undisputably" supports its argument that the "Asarco dust" statements were truthful. The Court declines Regional Council's apparent invitation to take judicial notice of a You-Tube video and photographs of dust being released into the community. Locally-owned restaurants line the streets of Ruston, with coffee shops and bakeries offering aromatic delights to all who come through the door. To learn more: www.

Healthcare is in abundance in North Louisiana.

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Ruston, with just over 20, residents, is home to two major hospitals and a regional clinic, which offer the latest in diagnostic technology. Hundreds of specialty clinics are available in North Louisiana as well, giving residents numerous options for health and well-being.

For folks interested in outdoor activities, Lincoln Parish offers loooking lakes for water sports and fishing, and Lincoln Parish Park is home to lush walking and hiking trails, camping spots and world-famous mountain biking trails. Situated in the piney hills of North Louisiana, Lincoln Parish has no shortage of recreational areas for hunting, fishing or camping.

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