Rogers v. Amalgamated Transit Union Local 689

MEMORANDUM OPINION AND ORDER

Amit P. Mehta, United States District Judge

I. INTRODUCTION

Defendant Amalgamated Transit Union, Local 689, AFL-CIO (“Local 689”) moves to dismiss Plaintiff Charles Rogers’ Complaint for a second time. The court denied Local 689’s first motion to dismiss, when it extended the time for service and relieved Rogers of his failure to properly serve the union within 120 days, as required under Federal Rule of Civil Procedure 4. With Rogers now having perfected service, Local 689 tries a different tact, arguing that Plaintiff's sole claim against it for breach of duty of…