General Truck Drivers, Warehousemen, Helpers, Sales and Service, and Casino Employees, Local Union No. 957 v. Heidelberg Distributing Company, No. 3:2011cv00420 - Document 23 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY OVERRULING PLAINTIFF'S OBJECTIONS TOMAGISTRATE'S REPORT AND RECOMMENDATIONS (DOC. #20);ADOPTING THE CONCLUSIONS OF THE MAGISTRATE JUDGE'SREPORT AND RECOMMENDATIONS (DOC.# 18 ); SUSTAINING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. # 15 ), TREATED AS A MOTION FOR JUDGMENT ON THE PLEADINGS UNDER RULE 12(c); COUNT I OF PLAINTIFF'S AMENDED COMPLAINT (DOC. # 11 ), ARISING UNDER SECTION 301 OF THE LABOR MANAGEMENT RELATIONS ACT , 29 U.S.C. § 185, IS DISMISSED WITHOUT PREJUDICE; COUNT II OF PLAINTIFF'S AMENDED COMPLAINT (DOC. # 11 ), FOR BREACH OF CONTRACT UNDER OHIO LAW, IS DISMISSED WITH PREJUDICE; PLAINTIFF GIVEN LEAVE WITHIN TEN (10) CALENDAR DAYS TO FILE A FURTHER AMENDED COMPLAINT AS TO COUNT I, IF DESIRED. Signed by Judge Walter H Rice on 03/06/13. (pb1)