Solomon v. American Federation of State

Background

Scott Solomon was the plaintiff, and American Federation of State, County and Municipal Employees, District Council 37, AFL-CIO, was the defendant. The opinion does not describe the underlying legal claims or the specific relief Solomon sought.

Motion and Parties’ Positions

On May 26, 2020, the defendant moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s subject-matter jurisdiction, and Rule 12(b)(6), which concerns whether a complaint states a legally valid claim. In responding, Solomon conceded that a recent decision from the United States Court of Appeals for the Second Circuit—Wholean v. CSEA SEIU Local 2001, 955 F.3d 332 (2d Cir. 2020)—foreclosed the relief he sought. Solomon therefore acknowledged that Wholean required the court to grant the defendant’s motion.

Ruling

Judge George B. Daniels granted the defendant’s motion to dismiss. The order directed the Clerk of Court to close the motion and canceled the conference scheduled for October 21, 2020, at 9:45 a.m. The opinion does not state whether the dismissal was with or without prejudice.

Classification

This is a procedural order because the court ruled on a motion under Rules 12(b)(1) and 12(b)(6), rather than issuing a merits decision on the underlying legal claims.