William Doucette v. CIM Group, L.P. et al.
Published: Sep. 25, 2020 | Result Date: Aug. 13, 2020 | Filing Date: Oct. 3, 2019 |Case number: 2:19-cv-08539-VAP-JDE Bench Decision – Dismissal
Judge
Court
CD CA
Attorneys
Plaintiff
Leslie S. McAfee
(Law Offices of Leslie S. McAfee)
Defendant
Richard S. Rosenberg
(Ballard, Rosenberg, Golper & Savitt LLP)
David J. Fishman
(Ballard, Rosenberg, Golper & Savitt LLP)
Stephanie B. Kantor
(Ballard, Rosenberg, Golper & Savitt LLP)
Facts
Plaintiff William Doucette, a member of the International Alliance of Theatrical Stage Employees, filed suit against Defendants CIM Group, L.P., a California Limited Partnership, Chris Latsch, and Theatredreams LA CHI, alleging breach of contract, violation of Civil Code sections 51 and 52.1, and various claims of discrimination and retaliation.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended on or about July 12, 2016, Plaintiff accepted a job with Defendants that required Plaintiff to perform as a stage technician between two and twelve weeks of work, which also included the possibility of follow-on work. Plaintiff contended however Defendants discharged Plaintiff the morning of July 12, 2016.
Specifically, Plaintiff contended he was fired and discriminated against because of his age, and because he previously filed grievances against Defendants.
DEFENDANTS' CONTENTIONS: Defendants moved to have the complaint dismissed on the grounds that Plaintiff had failed to first exhaust his remedies under the Collective Bargaining Agreement before Plaintiff filed suit, and such requirement was mandated under Section 301(a) of the Labor Management Relations Act, that his claims were barred by all of the applicable statutes of limitation, and for failure to identify a cognizable theory.
Result
The court ruled in favor of Defendants and dismissed the case with prejudice.
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