O'Malley v. NaphCare Inc, No. 3:2012cv00326 - Document 40 (S.D. Ohio 2014)

Court Description: DECISION AND ENTRY SUSTAINING THE PARTIAL MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANT NAPHCARE, INC. (DOC. #24), AND SUSTAINING THE MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANTS JEFF MciNTYRE AND KARINA CARLISLE (DOC. #33); PLAINTIFF'S CLAIM UNDER THE OHIO WHISTLEBLOWER'S PROTECTION ACT, OHIO REV. CODE § 4113.52 (COUNT ONE), AGAINST ALL DEFENDANTS IS DISMISSED WITH PREJUDICE; PLAINTIFF'S CLAIM UNDER THE AGE DISCRIMINAT ION IN EMPLOYMENT ACT, 29 U.S.C. § 623 (COUNT FOUR), AGAINST DEFENDANTS McINTYRE AND CARLISLE ONLY IS DISMISSED WITH PREJUDICE; ALL OTHER CLAIMS AGAINST ALL DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE; PLAINTIFF GRANTED LEAVE TO AMEND COMPLAINT W ITHIN TWENTY (20) CALENDAR DAYS TO REPLEAD CLAIMS DISMISSED WITHOUT PREJUDICE; ALL AMENDMENTS MUST TAKE INTO ACCOUNT THE STRICTURES OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Signed by Judge Walter H Rice on 2/28/2014. (gh1) Modified text for clarity on 2/28/2014 (tt).