O'Callaghan v. Napolitano - Liberty Justice Center

O’Callaghan v. Napolitano

Two University of California workers filed a federal lawsuit, O’Callaghan v. Napolitano, alleging union dues were illegally deducted from their paychecks.

Cara O’Callaghan has worked as the finance manager of the Sport Club program at the University of California, Santa Barbara, since 2009. Jenée Misraje has worked as an administrative assistant at the University of California, Los Angeles, since 2015. Both O’Callaghan and Misraje resigned union membership over the last year and demanded the universities stop deducting union dues from their paychecks.

Despite the decisive victory for workers’ rights in the U.S. Supreme Court Janus v. AFSCME decision, their requests have been ignored. The University of California continues to deduct dues from O’Callaghan and Misraje’s paychecks and their union, Teamsters Local 2010, refuses to honor their resignation until arbitrary opt-out periods.

Read more about Cara’s story on Stand With Workers.

Background

In March 2019, the Liberty Justice Center and California Policy Center filed a lawsuit, O’Callaghan et al., v. Napolitano et al., on behalf of O’Callaghan and Misraje against their employer and Teamsters Local 2010 for continuing to collect union dues without their consent after they resigned union membership.

Briefs

Complaint 03/27/2019

Motion for Preliminary Injunction 04/23/2019

Memorandum in Support of Motion for Preliminary Injunction 04/23/2019

Reply in Support of Motion for Preliminary Injunction 05/29/2019

Amended Complaint 06/14/2019

Amended Complaint Exhibit A 06/28/2019

Opposition to Defendant Teamster MTD 08/19/2019

Opposition to Defendant Napolitano MTD 08/19/2019

Opposition to Defendant Beceraa MTD 08/19/2019

Order Granting MTD 09/30/2019

Judgment 10/04/2019

Notice of Appeal 11/01/2019

Appellant's Opening Brief 12/27/2019

Ninth Circuit Appeal 12/27/2019

Ninth Circuit Appeal Excerpts of Record 12/27/2019

Answering Brief- Becerra 03/02/2020

Answering Brief- Napolitano 03/02/2020

Order 03/03/2020

Appellants' Reply Brief 03/23/2020

Exhibit A 06/02/2020

Teamster's Motion to Stay 07/30/2020

Opposition to Motion to Stay Briefing 08/03/2020

Appellee Reply 08/06/2020

Exhibits A and B 08/13/2020

Order 08/18/2020

Motion to Allow Supplemental Briefing 11/03/2020

Appellants' Supplemental Brief 11/03/2020

Motion to Remand or Dismiss 12/09/2020

Appellants' Response to Motion for Permission to File Reply 12/16/2020

Exhibit A 12/18/2020

Response to Motion to Remand or Dismiss 12/18/2020

Supplemental Brief of Appellee California Attorney General 12/23/2020

Notice of Docket Activity 02/02/2021

Notice of Supplemental Authority 04/12/2021

Exhibit A 07/09/2021

Supplemental Brief of Appellee Teamsters 08/06/2021

Opinion 04/28/2022

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