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Irish v. United States

United States District Court, D. Nevada

June 30, 2014

LORI J. IRISH, COLBY G. IRISH, and LORTEX TRUST, Plaintiffs,
v.
UNITED STATES OF AMERICA and NATIONAL LABOR RELATIONS BOARD, Defendants.

ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION (Doc. #6)

ANDREW P. GORDON, District Judge.

I. SUMMARY

Defendants United States of America ("United States") and the National Labor Relations Board's ("NLRB") (collectively "Defendants") filed a Motion to Dismiss for Lack of Jurisdiction. (Doc. # 6.) For the reasons discussed below, the motion is granted.

II. BACKGROUND[1]

This case arises out of previous and ongoing litigation between plaintiff Lori Irish and the NLRB. On December 27, 2007, the Board[2] issued a Decision and Order that required Advanced Architectural Metals, Inc. and its alter egos - Advanced Metals, Inc. and Steel Specialties Unlimited, Inc. (collectively "Respondents") - to make whole 16 discriminates for losses resulting from violations of the National Labor Relations Act.

To protect the future court enforcement of the December 27, 2007 Order, the NLRB sought, and the Ninth Circuit issued, a Protective Restraining Order ("PRO") against Respondents. Among other things, the PRO restrains Respondents from dissipating or transferring their assets until $921, 391.44 is transferred to the NLRB for placement into an interest-bearing escrow account in the United States Treasury ("the escrow account"), pending liquidation of the amounts due and owing pursuant to the Board's December 27 Order.

The Ninth Circuit subsequently enforced the Board's December 27, 2007 Order on August 26, 2008. On August 27, 2010, the Board issued a Supplemental Decision and Order against Respondents, as well as Respondents' alter ego AAM and Lori Irish in her individual capacity. The Supplemental Board Order liquidated the amounts owed by all Respondents for back pay and benefits, in the total amount of $1, 935, 353.40.

Since then, plaintiffs Lori Irish, Colby Irish and Lortex Trust ("Plaintiffs") have filed several administrative tort claims, but only two are relevant to the analysis here: the May 2013 claims and the October 2013 claims.[3]

May 2013 Administrative Tort Claims

On May 30, 2013, the NLRB denied a series of administrative claims filed by Lori Irish and Colby Irish under the FTCA and NLRB Regulation 29 C.F.R. ยง 100.401. In the first claim, dated December 11, 2012, Lori Irish argued that NLRB illegally prevented her from "hav[ing] an administrative hearing before anything goes to the Board." (Doc. # 8-2.) She claimed personal injury damages in the amount of $20, 000, 000, which she described as "extreme mental stress because the NLRB [did] not follow their (sic) own rules and law." Id.

In the second claim, dated May 15, 2013, Colby Irish alleged that an NLRB employee:

told employees of Steel Specialties, Inc. d/b/a Architectural Metals, Inc. that if they talked to Lori Irish they would be arrested. This is a lie. The lie caused companies to go out of business and caused [him] to lose [his] investment company. Also seized articles in safety deposit box that belonged to [him]. They lied to court about ownership.

Id. at Ex. C. He claimed property damage in the amount of $15, 000, 000, which he described as "Steel Specialties, Inc., " and claimed personal injury damages of $5, 000, 000, which he described as "extreme mental distress." Id.

On May 15, 2013, Lori Irish, in her capacity as trustee of the Colby Gormley Irish Trust, submitted a claim to the NLRB. (Doc. #8-4.) She stated that the basis of this claim was that the NLRB "committed fraud, " "lied to Judge Pro in U.S. District Court, " and "seized contents of safety deposit box that they claimed belong to Advance Architectural Metals Inc. when name on box was Advance Architectural Metals (not Inc.)." ( Id. ) She claimed personal injury damages of $1, 000, 000, which she described as "[e]xtreme emotional distress from continue (sic) fraud the NLRB commits by lying to court." ( Id. ...


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