Foster v. International Brotherhood of Electrical Workers, Local 1516

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

TERRY FOSTER and PLAINTIFFS JANIE BREWER v. CASE NO. 3:20-CV-00285-BSM

INTERNATIONAL BROTHERHOOD OF

ELECTRICAL WORKERS, LOCAL 1516, et al. DEFENDANTS ORDER

Plaintiffs’ claims against the International Brotherhood of Electrical Workers, Local 1516; Kirk Douglas; Sandra Lee; Shawn Phares; David McDonald; Thomas Wigton; Dave Dobbins; Larry Dauk; Josh Hardin; Clinton Johnson; Bill Winn; and William Watson (together “1516 defendants”) are dismissed sua sponte because this court has already determined in an identical case that there was not “good cause” for the claims to proceed pursuant to 29 U.S.C. § 501(b). Foster v. Int’l Brotherhood of Electrical Workers Local 1516, No. 3:20-cv-222-DPM, 2020 WL 6074631, at *1 (E.D. Ark. Sep. 16, 2020). See Arizona v. California, 530 U.S. 392, 412 (2000) (a court may dismiss a case sua sponte when it has previously decided the issue presented). When permission was given for plaintiffs to proceed, Doc. No. 5, nothing in the record indicated that Foster, 2020 WL 6074631 had been decided. Finally, plaintiffs’ civil conspiracy claims against the 1516 defendants are dismissed because civil conspiracy is not a stand-alone claim. See Graham v. Catamaran Health Solutions, LLC, 940 F.3d 401, 408 (8th Cir. 2017). Defendants’ motion for an immediate status conference [Doc. No. 31] is denied as moot.

IT IS SO ORDERED this 27th day of May, 2021.

Brno B A SMe

UNITED STATES DISTRICT JUDGE