Brookens v. Am. Fed'n of Gov't Emps.

315 F. Supp. 3d 561
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 5, 2018
DocketCivil Action No. 17–2206 (RDM)
StatusPublished
Cited by11 cases

This text of 315 F. Supp. 3d 561 (Brookens v. Am. Fed'n of Gov't Emps.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brookens v. Am. Fed'n of Gov't Emps., 315 F. Supp. 3d 561 (D.C. Cir. 2018).

Opinion

RANDOLPH D. MOSS, United States District Judge

Defendant American Federation of Government Employees ("AFGE") placed one of its local chapters, Local 12, under trusteeship and cancelled the Local 12 elections of officers that were scheduled to take place two weeks later. Dkt. 1-1 at 9-11. Plaintiff Benoit Brookens, proceeding pro se , had planned to run for several positions and, after the elections were cancelled, he filed this action in D.C. Superior Court challenging the imposition of trusteeship. See Dkt. 1-1. AFGE removed the case to this Court, Dkt. 1, and has now moved to dismiss for lack of standing and *563for failure to state a claim, Dkt. 26. Because Brookens lacks Article III standing to maintain this action in federal court, and because 28 U.S.C. § 1447(c) mandates that district courts remand removed actions "[i]f at any time before final judgment it appears that the ... court lacks subject matter jurisdiction," the Court will GRANT in part and DENY in part AFGE's motion to dismiss and will REMAND the case to D.C. Superior Court.

I. BACKGROUND

Brookens, a former Department of Labor employee, alleges that he is a member of AFGE Local 12. Dkt. 1-1 at 1 (Compl. ¶ 3). Local 12 was scheduled to conduct elections for several positions on October 18, 2017. Id. (Compl. ¶¶ 1, 3-4). On October 4, 2017, however, AFGE notified the membership of Local 12 that it was placing the Local under trusteeship "to safeguard and protect the Local." Id. at 10 (memorandum from AFGE National President to members of Local 12). Following imposition of the trusteeship, AFGE cancelled the October elections, removed the existing officers and ex officio delegates from the offices that they held at that time, and authorized the trustee "to appoint a secretary-treasurer and any other officers he deem[ed] necessary to assist him." Id. at 9-10. Those actions have given rise to another lawsuit now pending in this Court brought by the officers who were removed at the time the trustee was appointed. See Bastani v. Am. Fed. of Gov't Emps. , No. 18-63 (D.D.C.).

Although Brookens was not an officer of Local 12 at the time the trusteeship was imposed, he had hoped to participate in the upcoming elections. Dkt. 1-1 at 1 (Compl. ¶ 4). Unhappy with the imposition of the trusteeship and the cancellation of those elections, Brookens filed this action in D.C. Superior Court on October 16, 2017 and, simultaneously, moved for a temporary restraining order and a preliminary injunction. Dkt. 1-1 at 1; Dkt. 1-2 at 1; Dkt. 1-3 at 1. Eight days later, AFGE removed the action to this Court pursuant to 28 U.S.C. §§ 1446(b), 1441(a). See Dkt. 1.

Brookens alleges that he "was a candidate, in the October 18, 2017 election[s], for the positions of Head Steward, Delegate to the AFGE National Convention, scheduled for August 2018, and Delegate to the AFGE Council," id. at 1 (Compl. ¶ 4), but was notified "[o]n October 4, 2017 ... that the election[s]" had been "cancelled" because Local 12 had been placed in trusteeship, id. at 4 (Compl. ¶ 17). According to Brookens's complaint, AFGE's decision to place Local 12 in trusteeship, and the resulting cancellation of the elections, violated the Labor-Management Reporting and Disclosure Act of 1959 ("LMRDA"), 29 U.S.C. § 401 et seq. , in numerous respects. Those alleged violations correspond with the six causes of action set forth in the complaint, each of which alleges a distinct violation of the LMRDA. See Dkt. 1-1 at 4-7 (Compl. ¶¶ 20-45) (citing violations of 29 U.S.C. §§ 462, 481, 484).

Several weeks after his case was removed to this Court, Brookens renewed his motions for a temporary restraining order and a preliminary injunction, requesting that the Court dissolve the trusteeship and restore Local 12's authority. Dkt. 13; Dkt. 14. AFGE, in turn, moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim. Dkt. 8. On January 5, 2018, the Court heard argument on those motions. Dkt. 18. At the hearing, Brookens clarified that his "only claim in this case" is that AFGE "did not follow the proper procedures in placing [AFGE] [L]ocal [12] in trusteeship," and, in particular, that it did not "satisfy" "the factors set forth in Article IX, Section 5(a)(1) through (4)" of AFGE's constitution. Id. at 38, 41 (Oral Arg. Tr. 38:14-15, *56441:6-9). The Court, ruling from the bench, denied Brookens's motion for a temporary restraining order and held the motion for a preliminary injunction in abeyance to afford Brookens the opportunity to retain counsel. Minute Entry (Jan. 5, 2018). The Court also offered Brookens the opportunity to supplement his motion for a preliminary injunction, regardless of whether he was able to retain an attorney.1 See Dkt. 18 at 30 (Oral Arg. Tr. 30:19-22).

In the course of the argument, the Court also asked Brookens to describe the "personal injury" that he alleges he has sustained-or is sustaining-due to AFGE's actions. Id.

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315 F. Supp. 3d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brookens-v-am-fedn-of-govt-emps-cadc-2018.