Pierce v. Air Systems, Inc.

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MICHAEL PIERCE,
Plaintiff,
v.
AIR SYSTEMS, INC.,
Defendant.
Case No. 4:25-cv-10609-KAW
ORDER DENYING MOTION TO
REMAND; ORDER SETTING
HEARING ON MOTION FOR
JUDGMENT ON THE PLEADINGS
Re: Dkt. Nos. 11, 18
On January 6, 2026, Plaintiff filed a motion to remand. (Pl.’s Mot., Dkt No. 18.) On
January 16, 2026, Defendant argued that Plaintiff conceded in other briefing that the CBA met the
standards for the application of Labor Code § 514 exemption. (Def.’s Opp’n, Dkt. No. 21 at 9.)
As a result, Defendant argues that federal jurisdiction is conferred by § 301 of the LMRA pursuant
to Curtis v. Irwin Industries, Inc., 913 F.3d 1146, 1154 (9th Cir. 2019). Id.
The Court agrees. Indeed, “post-Curtis, a majority of courts in this circuit have found that
an affirmative defense of § 301 is sufficient to raise a federal question that can be removed even
absent mention of a CBA or a concession from the plaintiff that the CBA applied to them.” Lainez
v. Wilhelm, LLC, No. 4:23-CV-04421-KAW, 2024 WL 4291857, at *4 (N.D. Cal. Sept. 25, 2024)
(citing Jimenez v. Young's Mkt. Co., LLC, No. 21-CV-02410-EMC, 2021 WL 5999082, at *7
(N.D. Cal. Dec. 20, 2021) (collecting cases)).
Accordingly, Plaintiff’s motion to remand (Dkt. No. 18) is DENIED without prejudice.
The Court sets the hearing for the pending motion for judgment on the pleadings (Dkt. No. 11) for
April 16, 2026 at 1:30 p.m., U.S. District Court, 1301 Clay Street, Oakland, California, Courtroom
4, 3rd Floor.
//
Case 4:25-cv-10609-KAW Document 30 Filed 02/23/26 Page 1 of 2

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United States District Court
Northern District of California
Finally, Defendant is ordered to lodge a chambers copy of the notice of removal, with all
exhibits tabbed, within 7 days of this order.
IT IS SO ORDERED.
Dated: February 23, 2026
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
Case 4:25-cv-10609-KAW Document 30 Filed 02/23/26 Page 2 of 2