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Heck v. Universal City Studios

August 29, 2012

HECK
v.
UNIVERSAL CITY STUDIOS, LLC ET AL.



The opinion of the court was delivered by: Present: The Honorable Stephen V. Wilson, U.S. District Judge

CIVIL MINUTES - GENERAL

[JS-6]

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: IN CHAMBERS ORDER re Motion to Remand [12]

INTRODUCTION

On April 30, 2012, Plaintiff Kristen Heck filed this employment discrimination action in Los Angeles County Superior Court against Defendants Universal City Studios, NBC Universal, and Supervisors John Roussey, Silva Kasparian, Stephanie Tuch, and Janice Sasaki (collectively, "Defendants"). Heck's complaint alleges seven violations of the Fair Employment and Housing Act ("FEHA"), Cal. Gov't Code § 12940 et seq.: (1) disability discrimination; (2) failure to prevent discrimination; (3) harassment; (4) failure to accommodate; (5) failure to engage in the interactive process; (6) retaliation; and (7) wrongful termination. The complaint also alleges wrongful termination in violation of public policy.

On July 2, 2012, Defendants removed the action to this Court on the ground of preemption under the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185. In this Motion to Remand, Heck maintains that her claims are not preempted by the LMRA. For the reasons below, the Court agrees with Heck and GRANTS the Motion to Remand.

FACTUAL ALLEGATIONS

Heck began working for Defendants as an administrative assistant in December 1999. (Compl. ¶

11). Between January and March of 2009, she began to experience pain in both feet and her right hand, wrist, and right thumb. Her symptoms worsened when, in February 2009, she was assigned to a project to scan documents. (Compl. ¶¶ 14-20). In April 2009, Heck's orthopedic surgeon restricted Heck to limited standing or walking and no use of her right hand and arm. (Compl. ¶ 24).

Even though Heck informed Defendants of her doctor visits and medical restrictions, Defendants ignored her and required her to continue scanning 1200 sets per day. (Compl. ΒΆΒΆ 25, 27, 29, 30). In addition, Heck alleges that her supervisors ignored her e-mails, were impatient with her, failed to promptly furnish ergonomic accommodations, and gave her write-ups and reprimands ...


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