Filed: Jun. 29, 2015
Latest Update: Jun. 29, 2015
Summary: ORDER GRANTING MOTION TO DISMISS JAMES I. COHN , District Judge . THIS CAUSE is before the Court upon Defendant's Motion to Dismiss or in the Alternative to Transfer Venue [DE 7]. The Court has reviewed the Motion and the record in this case, and is otherwise advised in the premises. In this action, Plaintiff Ismael Ramos has raised a single claim against Defendant Association of Flight Attendants CWA, AFL-CIO ("AFA"), for breach of the duty of fair representation under 29 U.S.C. 185 o
Summary: ORDER GRANTING MOTION TO DISMISS JAMES I. COHN , District Judge . THIS CAUSE is before the Court upon Defendant's Motion to Dismiss or in the Alternative to Transfer Venue [DE 7]. The Court has reviewed the Motion and the record in this case, and is otherwise advised in the premises. In this action, Plaintiff Ismael Ramos has raised a single claim against Defendant Association of Flight Attendants CWA, AFL-CIO ("AFA"), for breach of the duty of fair representation under 29 U.S.C. 185 of..
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ORDER GRANTING MOTION TO DISMISS
JAMES I. COHN, District Judge.
THIS CAUSE is before the Court upon Defendant's Motion to Dismiss or in the Alternative to Transfer Venue [DE 7]. The Court has reviewed the Motion and the record in this case, and is otherwise advised in the premises.
In this action, Plaintiff Ismael Ramos has raised a single claim against Defendant Association of Flight Attendants CWA, AFL-CIO ("AFA"), for breach of the duty of fair representation under 29 U.S.C. § 185 of the Labor and Management Relations Act. See generally DE 1 (Complaint). In 2013, Ramos worked as a flight attendant for United Airlines. Id. ¶ 8; DE 7 at 2. United Airlines terminated Ramos's employment in November 2013 for the improper use of a "buddy pass" air-travel ticket. Compl. ¶¶ 8-13. Ramos alleges that AFA, a union of which he was a member, declined to advocate on his behalf. Id. ¶ 14. On this basis, Ramos asserts his claim against AFA for breach of the duty of fair representation. Id. ¶¶ 16-19.
AFA has responded to the Complaint with its Motion. In the Motion, AFA argues that the Complaint should be dismissed for failure to state a claim and for lack of subject-matter jurisdiction. DE 7 at 3-7. AFA also argues that, in the event the action is not dismissed, it should be transferred to the United States District Court for the Northern District of Illinois. Id. at 7-8.
In response to AFA's request to transfer or dismiss for improper venue, Ramos offers no legal argument. Instead, Ramos supplies a fact of questionable relevance: that United Airlines was domiciled within this District until 2004, nearly a decade before the events giving rise to this suit. See DE 28 at 1.
However, Ramos has failed entirely to respond to AFA's arguments that his claim fails on its merits and for lack of subject-matter jurisdiction on bases other than improper venue. See id. A party's failure to respond to arguments for dismissal warrants the grant of a motion to dismiss by default. E.g., Zemba v. Comcast Corp., No. 14-23928, 2015 WL 3540068 at *3 (S.D. Fla. June 3, 2015); A1 Procurement, LLC v. Hendry Corp., No. 11-23582, 2012 WL 6214546 at *3 (S.D. Fla. Dec. 13, 2012); W. Coast Life Ins. Co. v. Life Brokerage Partners LLC, No. 08-80897, 2009 WL 2957749 at *11 (S.D. Fla. Sept. 9, 2009). In light of Ramos's failure to offer any opposition to the substance of AFA's arguments for dismissal, the Court will grant the Motion by default, and will dismiss the Complaint.1 It is accordingly
ORDERED AND ADJUDGED as follows:
1. Defendant's Motion to Dismiss or in the Alternative to Transfer Venue [DE 7] is GRANTED by default.
2. Plaintiff's Complaint [DE 1] is DISMISSED without prejudice.
3. The Clerk of Court is directed to CLOSE this case and DENY any pending motions as moot.
DONE AND ORDERED.
