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- ilnd;;1:20-cv-03301_de15 RegisterActionDate "2020-07-01" @default.
- ilnd;;1:20-cv-03301_de15 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: Defendant's motions 12 13 to dismiss are denied, one with prejudice and one without. First, the motion 13 to dismiss for lack of subject matter jurisdiction is denied without prejudice for the absence of a statement of conferral (unless the Court missed it), as required by Judge Chang's Case Management Procedures. And conferral might have resolved the issue here: Defendant argues that Plaintiffs are seeking to deem the Local as the "bargaining unit" for Celtic employees, as if Plaintiffs are attempting to displace the NLRB. It is not at all clear that Plaintiffs seek that relief at all, rather than hold Celtic liable (as an alter ego of, or a single employer with, CEC) for the funding obligations owed for ***CEC*** employees. Conferral might have dispelled Defendant's concern. If after conferral the concern remains, then Defendant may refile the motion. Second, the motion 12 to dismiss the alter-ego claim is denied. Again there was no statement of conferral. Also, the motion would be denied anyway. At the pleading stage, like run-mill employment-discrimination claims, extensive factual detail is not required for run-mill alter-ego claims. Here, the complaint sets forth the alleged overlap between the parties in president, registered-agent attorney, building, workers' compensation policy, type of work, use of the Celtic email address suffix, and so on. Compl., paras. 20-23, 26-28, 31. That is enough to infer a plausible claim that CEC and Celtic intended to avoid the funding obligations. To be clear, this is not necessarily the same outcome as summary judgment, when discovery will illuminate the facts and the defense can submit its own evidence in support. But the undemanding pleading standard in this routing alter-ego cases is met. This motion is denied with prejudice. The status report deadline of 07/07/2020 remains intact. The status hearing of 07/14/2020 is reset to 07/17/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) (Entered: 07/01/2020)" @default.
- ilnd;;1:20-cv-03301_de15 AdministrativeID "14" @default.
- ilnd;;1:20-cv-03301_de15 hasReferenceToOtherEntry ilnd;;1:20-cv-03301_de13 @default.
- ilnd;;1:20-cv-03301_de15 hasReferenceToOtherEntry ilnd;;1:20-cv-03301_de14 @default.