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BARKER v. PICK N PULL AUTO DISMANTLERS, INC.

Civ. Nos. S-91-1695, S-92-1722.

819 F.Supp. 889 (1993)

Ben L. BARKER, Department of Industrial Relations, intervenor, Plaintiffs, v. PICK N PULL AUTO DISMANTLERS, INC., Employers Resource Management, Inc., Defendants. Arlette Faye GOMES, Department of Industrial Relations, intervenor, Plaintiffs, v. PICK N PULL AUTO PARTS, INC., Employers Resource Management, Inc., intervenor, Defendants.

United States District Court, E.D. California.

As Amended April 22, 1993.

Attorney(s) appearing for the Case

Gary O'Mara, Counsel, James D. Fisher, Counsel, Vanessa L. Holton, Sr. Counsel, John Martin Rea, Chief Counsel, Calif. Dept. of Indus. Relations, San Francisco, CA, for intervenors Mark Ashcroft, Lloyd Aubry and Victoria Bradshaw.

Elliot D. Pearl, Sacramento, CA, for Ben Barker/plaintiff.

Allan J. Graf, Farmer & Ridley Los Angeles, CA, for Pick and Pull Auto Parts/defendant.

H. Thomas Cadell, Chief Counsel, Div. of Labor Standards Enforcement, CA, for California Dept. of Indus. Relations/plaintiff.

Alvin R. Webber, Stockton, CA, for Arlette Gomes/plaintiff.

Terry Fenucane, Farmer & Ridley, Los Angeles, CA, for Pick and Pull Auto Parts/defendant.

Daniel Lundgren, Atty. Gen., George Spanos, Deputy Atty. Gen., Sacramento, CA, for Dept. of Ins., State of Cal.

MEMORANDUM OF DECISION AND ORDER

LEVI, District Judge.

Plaintiffs Barker and Gomes move to remand their respective actions to state court. Both cases pose the question of whether the State of California may insist that employers provide a separate workers' compensation plan, conforming to certain standards, or whether such a rule violates the Employee Retirement Security Act ("ERISA"), 29 U.S.C. §§...

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