669 Fed.Appx. 884 (9th Cir. 2016), 14-17109, Apolinario v. United Healthcare Workers - West

Docket Nº:14-17109
Citation:669 Fed.Appx. 884
Party Name:RICARDO APOLINARIO, Plaintiff - Appellant, v. UNITED HEALTHCARE WORKERS - WEST, SERVICE EMPLOYEES INTERNATIONAL, CTW, CLC; SETON MEDICAL CENTER; and DOES ONE THROUGH TWENTY FIVE, Defendants - Appellees
Attorney:For Ricardo Apolinario, Plaintiff - Appellant: Curtis G. Oler, Esquire, Law Offices of Curtis G. Oler, San Francisco, CA. For United Healthcare Workers-West, Service Employees International Union, Ctw, Clc, Defendant - Appellee: Manuel A. Boigues, Bruce A. Harland, Weinberg Roger & Rosenfeld, Ala...
Judge Panel:Before: GRABER and MURGUIA, Circuit Judges, and COLLINS,[***] Chief District Judge.
Case Date:October 24, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 884

669 Fed.Appx. 884 (9th Cir. 2016)

RICARDO APOLINARIO, Plaintiff - Appellant,

v.

UNITED HEALTHCARE WORKERS - WEST, SERVICE EMPLOYEES INTERNATIONAL, CTW, CLC; SETON MEDICAL CENTER; and DOES ONE THROUGH TWENTY FIVE, Defendants - Appellees

No. 14-17109

United States Court of Appeals, Ninth Circuit

October 24, 2016

Submitted, San Francisco, California October 20, 2016.[**]

Editorial Note:

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Northern District of California. D.C. No. 3:13-cv-04219-VC. Vince G.Chhabria, District Judge, Presiding.

For Ricardo Apolinario, Plaintiff - Appellant: Curtis G. Oler, Esquire, Law Offices of Curtis G. Oler, San Francisco, CA.

For United Healthcare Workers-West, Service Employees International Union, Ctw, Clc, Defendant - Appellee: Manuel A. Boigues, Bruce A. Harland, Weinberg Roger & Rosenfeld, Alameda, CA.

For Seton Medical Center, Defendant - Appellee: Patricia DeSantis, Jeffer Mangels Butler & Mitchell LLP, Los Angeles, CA; An Nguyen Ruda, Jeffer Mangels Butler & Mitchell LLP, San Francisco, CA.

Before: GRABER and MURGUIA, Circuit Judges, and COLLINS,[***] Chief District Judge.

MEMORANDUM[*]

Plaintiff Ricardo Apolinario appeals from two district court orders dismissing his claims against his former employer, Seton Medical Center (" Seton" ) and labor union, United Healthcare Workers-West Service Employees International Union (" the Union" ). The first order granted the Union's motion to dismiss Apolinario's claim for a breach of the duty of fair representation under the National Labor Relations Act. The second order granted Seton's motion for judgment on the pleadings concerning his claims brought under the Labor Management Relations Act, 1947. We review dismissals under Federal Rules of Civil Procedure 12(b)(6) and 12(c)

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de novo. See Lyon v. Chase Bank USA, 656 F.3d 877, 883 (9th Cir. 2011) (judgment on the pleadings); Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005) (motions to dismiss). We now affirm.

To prevail against either Seton or the Union, Apolinario has the...

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