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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

ELIZABETH RICHARDSON, et al. v. P&O PORTS BALTIMORE, et al.

: : : CIVIL NO. CCB-09-631 : : ...o0o... MEMORANDUM

The plaintiffs, the surviving spouse and children of Christopher Richardson, Sr., have sued Mr. Richardson's former employer and union, among others, alleging their negligence contributed to the decedent's death. According to the complaint, on January 17, 2006, Mr. Richardson fell asleep while driving home after working a 22-hour shift as a stevedore at the Port of Baltimore and was involved in a fatal motor vehicle accident. At the time of his death, Mr. Richardson was employed by defendant P&O Ports Baltimore, Inc. ("P&O") and was a member of defendant International Longshoremen's Association, AFL-CIO's ("ILA") Local 333 chapter. His employment was governed by a collective bargaining agreement ("CBA") executed between Local 333 and the Steamship Trade Association of Baltimore, Inc. ("STA"), P&O's collective bargaining agent. On January 25, 2009, the plaintiffs filed an amended complaint in the Circuit Court for Baltimore City, Maryland alleging that the defendants were negligent and breached fiduciary duties in failing to provide the decedent with a safe workplace and forcing him to work extended

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shifts.1 The plaintiffs sued P&O, STA, and both the ILA and Local 333 (together "the Union defendants"). The defendants timely removed the case to this court, and each has filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the alternative, for summary judgment. The defendants argue that the plaintiff's claims are preempted by section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C.

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