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Int'l Ass'n of Machinists & Aero. Workers v. Werner-Matsuda

United States District Court for the District of Maryland

September 16, 2005, Decided

Civil Action No. DKC 2004-2552



Presently pending and ready for resolution in this action are a motion to dismiss by Defendants Bonnie Werner-Matsuda and the Union of Independent Flight Attendants ("UIFA") for lack of subject matter jurisdiction and failure to state a claim (paper 33), 1 [**3]  and a motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim by Defendant McCormick Advisory Group ("MAG") (paper 42). Also pending are several motions by Plaintiff International Association of Machinists and Aerospace Workers ("IAM"): two motions [**2]  to seal certain exhibits (papers 52, 83), a motion to amend its complaint (paper 59), a motion to strike (paper 79), and a motion to file a surreply (paper 82). Magistrate Judge Charles B. Day recently resolved a motion for sanctions (paper 86), which is now the subject of objections (papers 94 and 100), spawning yet another motion, Plaintiff IAM's motion for leave to file a response (paper 96). The issues have been fully briefed and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons,  [*483]  Defendant MAG's motion to dismiss for lack of subject matter jurisdiction will be denied, 2 but the motion to dismiss the federal claims for failure to state a claim will be granted. Because the court will dismiss the only two federal claims in this action and will decline to exercise supplemental jurisdiction pursuant to § 1367(c)(3), the case will be dismissed and many of the remaining motions will be denied as moot. The court will grant the motions to seal, and resolve the sanctions issues. The other motions will be denied without prejudice as moot.

I. Background

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390 F. Supp. 2d 479 *; 2005 U.S. Dist. LEXIS 20271 **; 178 L.R.R.M. 2139


Subsequent History: As Amended December 3, 2009.


deposition, authorization, motion to dismiss, allegations, sanctions, prepare, accessed, seal, magistrate judge, motions, supplemental jurisdiction, papers, unauthorized, discovery, purposes, lack of subject matter jurisdiction, failure to state a claim, membership list, state law claim, confidential, designee, damages, Counts, flight attendant, district court, disputes, matters, exclusive jurisdiction, deposition notice, trade secret

Civil Procedure, Discovery & Disclosure, Discovery, Protective Orders, Trade Secrets Law, Civil Actions, Sealed Records, Judicial Officers, Magistrates, Referrals, Governments, Courts, Judges, General Overview, Pretrial Referrals, Standards of Review, Appeals, Standards of Review, Clearly Erroneous Review, Business & Corporate Law, Corporations, Methods of Discovery, Depositions, Oral Depositions, Corporate Governance, Record Inspection & Maintenance, Subpoenas, Misconduct During Discovery, Legal Ethics, Client Relations, Attorney Fees, Excessive Fees, Costs & Attorney Fees, Attorney Fees & Expenses, Reasonable Fees, Subject Matter Jurisdiction, Jurisdiction Over Actions, Jurisdiction, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Pleading & Practice, Rule Application & Interpretation, Administrative Law, Separation of Powers, Primary Jurisdiction, Exclusive Jurisdiction, Labor & Employment Law, Collective Bargaining & Labor Relations, Bargaining Units, Public Contracts Law, Dispute Resolution, Arbitration & Mediation, Federal Preemption, Primacy of Labor Policy, Federal Preemption, Wrongful Termination, Public Policy, Business & Corporate Compliance, Computer & Internet Law, Criminal Offenses, Data Crimes & Fraud, Criminal Law & Procedure, Fraud, Computer Fraud, Elements, Computer & Internet Law, Communications Law, Federal Acts, Stored Communications Act, Trade Secrets Law, Protection of Secrecy, Email & Internet Display, Computer Fraud & Abuse Act, Torts, Duty On Premises, Trespassers, Privacy & Security, Electronic Communications Privacy Act, Theft & Related Offenses, Larceny & Theft, Jurisdictional Sources, Judicial Comity, Supplemental Jurisdiction, Removal, Postremoval Remands, Jurisdictional Defects