Opinion
SACV 22-01379-CJC (DFM)
08-23-2022
LEE ET AL. v. UNION OF AMERICAN PHYSICIANS AND DENTISTS, AFSCME LOCAL 206 ET AL.
PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS MATTER SHOULD NOT BE STAYED
Plaintiff Kang Lee filed suit against Defendants the Union of American Physicians and Dentists, AFSCME Local 206, California Correctional Healthcare Services, and California State Controller Betty T. Yee on July 26, 2022, alleging violations of Lee's First Amendment and due process rights related to union dues deductions. (Dkt. 1.) Lee also filed an ex parte application for a temporary restraining order, (Dkt. 11), which the Court denied, (Dkt. 15). Later, Lee amended the complaint to add Plaintiffs Behroz Hamkar and Naveed Riaz, (Dkt. 18), who filed a second ex parte application for a temporary restraining order, (Dkt. 19). The Court denied this application. (Dkt. 22).
The parties have brought to the Court's attention Espinoza v. Union of American Physicians and Dentists, AFSCME Local 206, 562 F.Supp.3d 904 (C.D. Cal. 2022), which presented substantially similar issues to this case and was also filed by the advocacy organization representing Plaintiffs. While on appeal to the Ninth Circuit, several of this case's Defendants filed a motion to stay the briefing in Espinoza until the Ninth Circuit decides two other appeals that present essentially the same legal issues. (See Defendants-Appellees' Joint Motion to Stay Appellate Briefing at 3, Espinoza v. Union of American Physicians and Dentists, AFSCME Local 206, No. 22-55331 [9th Cir. Aug. 8, 2022]). Defendants noted that the same advocacy organization represents the plaintiffs in the two appeals and at least six others, all held in abeyance pending the outcome of those two appeals. (See id. at 3-4.)
Given the apparent similarity of the issues in all these matters and the desire to avoid unnecessarily duplicative litigation, the Court ORDERS the parties to show cause why this matter should not be stayed pending the Ninth Circuit's decisions in Zielinski v. SEIU Local 503, No. 20-36076; Wright v. SEIU Local 503, No. 20-35878; and (if not also stayed) Espinoza v. Union of American Physicians and Dentists, AFSCME Local 206, No. 22-55331. The Court ORDERS Plaintiffs to file their position with the Court no later than September 6, 2022, Defendants to file their position with the Court no later than September 13, 2022, and Plaintiffs to file their reply (if any) no later than September 20, 2022.
jso
MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk RRP