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ALAMEDA NEWSPAPERS, INC. v. CITY OF OAKLAND

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 27, 1994

ALAMEDA NEWSPAPERS, INC., Plaintiff,
v.
CITY OF OAKLAND, et al., Defendants.

LEGGE

The opinion of the court was delivered by: CHARLES A. LEGGE

JUDGMENT

The parties made cross motions for summary judgment in this action. The Northern California Newspaper Guild, following entry of the court's Opinion and Order on the Cross Motion for Summary Judgment, filed on April 29, 1994, made a motion to intervene as a defendant, and plaintiff made a motion to amend its complaint. The motion to intervene was opposed and argued before the court. After reviewing the moving and opposing papers on both motions, the record of the case, and the relevant authorities, in accordance with the court's Opinion and Order on Cross Motions for Summary Judgment and in accordance with the court's oral ruling on the motion for intervention and to amend the complaint on July 1, 1994,

 IT IS ORDERED AND ADJUDGED:

 1. Judgment is entered in favor of plaintiff Alameda Newspapers, Inc.

 2. The motion of the California Newspaper Guild to intervene as a defendant in this action is granted.

 3. Oakland City Council Resolution 70367 C.M.S. is declared to be preempted by the National Labor Relations Act (NLRA), and therefore invalid and unenforceable.

 4. Defendants, their officers, agents, servants, employees, attorneys, and all other persons in active participation with them, are permanently enjoined from:

 a. enforcing or implementing Resolution 70367 C.M.S.;

 b. endorsing the boycott against plaintiff by the Central Labor Council of Alameda County, AFL-CIO;

 c. requesting any citizen of Oakland to stop purchasing or advertising in The Oakland Tribune or any of plaintiff's other publications;

 d. replacing The Oakland Tribune as the newspaper of record for the City of Oakland's official notices because of any labor dispute subject to the NLRA and involving Alameda Newspapers, Inc.;

 e. cancelling any subscriptions to the Oakland Tribune because of any labor dispute subject to the NLRA and involving Alameda Newspapers, Inc.

 f. purchasing any print media advertising space or subscriptions for the City of Oakland in any publication other than The Oakland Tribune because of any labor dispute subject to the NLRA and involving Alameda Newspapers, Inc.; and

 g. entering into any agreement with any advertising medium other than The Oakland Tribune committing the City of Oakland to the purchase of advertising space, time, or subscriptions because of any labor dispute subject to the NLRA and involving Alameda Newspapers, Inc.

 This paragraph 3, however, shall not enjoin any of the above actions by the mayor, vice mayor or members of the city council while acting solely in their individual capacities.

 5. Defendants are further ordered to reinstate any subscriptions to The Oakland Tribune that they directed, on behalf of the City of Oakland, to be canceled because of the labor dispute in this case.

 6. Plaintiff's motion to amend its complaint is granted and the First Amended Complaint is ordered filed as of July 1, 1994.

 7. Plaintiff has agreed to waive all claims for compensatory damages and for punitive damages.

 8. The City of Oakland has agreed to pay plaintiff the sum of $ 13,500 for attorneys' fees and costs.

 Judgment is hereby entered accordingly.

 Dated: July 27, 1994.

 CHARLES A. LEGGE

 United States District Judge

19940727

© 1992-2004 VersusLaw Inc.



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