Sweet v. California Association of Psychiatric Technicians ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED SWEET, No. 2:19-cv-00349-JAM-AC 12 Plaintiff, 13 v. ORDER RE JOINT RESPONSE TO COURT QUESTIONS 14 CALIFORNIA ASSOCIATION OF PSYCHIATRIC TECHNICIANS, et al., 15 Defendants. 16 17 Defendant CAPT has moved to dismiss Count II of the 18 Complaint (Mot., ECF No. 17) and the motion remains pending 19 before this Court. In the time since Defendant filed the motion, 20 Mr. Sweet has had the opportunity to resign his union membership 21 under the terms of the collective bargaining agreement. Compl., 22 ECF No. 1, ¶ 25 (alleging CAPT refused to permit Mr. Sweet “to 23 resign his union membership except during a thirty-day window 24 prior to the expiration of the collective bargaining agreement, 25 or June 1 to July 1, 2019.”). Nevertheless, in their joint 26 status report (ECF No. 26), filed on July 3, 2019, the parties 27 failed to apprise this Court of whether CAPT had accepted Mr. 28 Sweets resignation from union membership. 1 Thus, this Court hereby ORDERS the parties to jointly file a 2 Response to the following questions: 3 (1) Has CAPT accepted Mr. Sweet’s resignation? 4 (2) If CAPT has accepted Mr. Sweet’s resignation: 5 (A) as of what date does CAPT consider Mr. Sweet’s 6 resignation effective; and 7 (B) has CAPT ceased deducting dues and/or fees 8 from Mr. Sweet’s paycheck? 9 (3) If CAPT has not accepted Mr. Sweet’s resignation, 10 why has CAPT not accepted the resignation? 11 This Response shall be no longer than 3 pages, and shall be 12 filed no later than August 12, 2019. 13 If the Response to Questions 1 is “Yes,” this Court 14 anticipates requesting briefing from the parties on whether Count 15 II of the Complaint is now moot. See, e.g., Bain v. California 16 Teachers Ass’n, 891 F.3d 1206 (9th Cir. 2018). Any request for 17 further briefing will be made by separate order. 18 19 IT IS SO ORDERED. 20 Dated: August 6, 2019 21 /s/ John A. Mendez_________________ 22 U. S. District Court Judge 23 24 25 26 27 28