Laber et al v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union et al
| Donald Laber and Douglas Whack |
| Local 2L, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union |
| 5:2013cv00640 |
| March 25, 2013 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
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Filing
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Order: On January 31, 2014, the Court entered a Memorandum Opinion and Order denying plaintiffs' motion to remand this action to state court. (Doc. No. 14 ). Plaintiffs sought reconsideration and also sought leave to amend their complain t to include a fraud claim. The Court denied reconsideration but ruled that plaintiffs' proposed fraud claim was not preempted by federal law. (Doc. No. 25 .) The Court afforded plaintiffs leave to amend their complaint to assert a fraud claim and remove all preempted claims. Plaintiffs have filed a fully compliant amended complaint that sets forth a state law claim for fraudulent misrepresentation and omits any claims that are dependent upon a federal labor contract. (Doc. No. 26 .) Havi ng reviewed plaintiffs' amended complaint, and recognizing that there is not complete diversity of parties or some other basis for federal jurisdiction, the Court remands this matter to the Summit County Court of Common Pleas. Judge Sara Lioi on 10/3/2014. (P,J)
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Filing
25
Opinion and Order: Plaintiffs' motion for reconsideration (Doc. No. 15 ) is denied, plaintiffs' motion for an extension of time in which to amend the complaint (Doc. No. 17 ) is granted, and plaintiffs' motion to certify (Doc. No. 16 ) is denied as moot. Plaintiffs shall have leave until October 2, 2014, to file an amended complaint that asserts a common law fraud claim that is fully compliant with the requirements set forth in this Opinion and Order. Should plaintiffs timely file such an amended pleading, the Court shall remand this matter to the state court. Should plaintiffs fail to file an amended pleading that relieves this Court of subject matter jurisdiction, the Court shall dismiss the complaint as preempted under Section 301 of the LRMA. (Related Doc # 18 ). Judge Sara Lioi on 9/25/2014. (P,J)
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Filing
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Memorandum Opinion and Order: Plaintiffs' motion to remand (Doc. No. 7 ) is denied, plaintiffs' breach of contract and tortious interference with contract claims are dismissed, and plaintiffs are afforded fourteen (14) days to file a motion for leave to amend their complaint, along with a proposed amended complaint. Defendants' motion to dismiss (Doc. No. 8 ), premised on the theory that plaintiffs' claims were not preempted, is denied as moot. If plaintiffs do not timely file a conforming amended complaint, the Court will dismiss the action. Judge Sara Lioi on 1/31/2014. (P,J)
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| Defendant: Local 2L, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union | |
| Represented By: | Jeremiah A. Collins |
| Represented By: | Catherine R. Donnelly |
| Represented By: | David M. Fusco |
| Represented By: | Joshua B. Shiffrin |
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| Defendant: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union | |
| Represented By: | David M. Fusco |
| Represented By: | Catherine R. Donnelly |
| Represented By: | Jeremiah A. Collins |
| Represented By: | Joshua B. Shiffrin |
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| Plaintiff: Donald Laber | |
| Represented By: | Timothy J. Puin |
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| Plaintiff: Douglas Whack | |
| Represented By: | Timothy J. Puin |
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