THE MARTIN LAW GROUP, LLC

National Labor Relations Board - Unpublished Board Decisions

Aug 15, 2012

10-CA-078395 (N.L.R.B. Aug. 15, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE MARTIN LAW GROUP, LLC
and Case 10-CA-078395
SHERI T. ROUSE
ORDER1
The Respondent’s Motion to Dismiss is denied. The Respondent has failed to
establish that there are no genuine issues of material fact and that it is entitled to
judgment as a matter of law. 2
Dated, Washington, D.C., August 15, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
2 The Board finds it unnecessary to pass on the Respondent’s motion to convert its
motion for default judgment to a motion for summary judgment because in either
case, the motion would be denied. See NLRB Rules and Regulations, Sec.
102.24(b) (“The Board in its discretion may deny the motion [for summary judgment
or dismissal] where the motion itself fails to establish the absence of a genuine
issue, or where the opposing party’s pleadings, opposition and/or response indicate
on their face that a genuine issue may exist.”)