ASHCRAFT v. AURORA CASKET COMPANY
TIM ASHCRAFT |
AURORA CASKET COMPANY |
4:2012cv00151 |
December 8, 2012 |
US District Court for the Southern District of Indiana |
New Albany Office |
Tim A. Baker |
Tanya Walton Pratt |
Labor: Labor/Mgt. Relations |
29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts) |
None |
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Filing 7 ENTRY ON DEFENDANT'S MOTION TO DISMISS - 6 Motion to Dismiss is GRANTED. Mr. Ashcraft's retaliation claim is DISMISSED with prejudice, as the proper forum to hear this claim is before the NLRB. Mr. Ashcraft's wrongful termination a nd harassment claims are DISMISSED without prejudice, because Mr. Ashcraft has failed to allege he exhausted the required administrative processes. Mr. Ashcraft is granted leave until 4/15/2013 to file an Amended Complaint. However, if in fact, Mr. A shcraft claims he was wrongfullyterminated or harassed because of union activities and not just in contravention of the CBA, this Court is not the proper forum to pursue those claims. See Entry for details. Signed by Judge Tanya Walton Pratt on 4/8/2013. (LBT) |
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Plaintiff: TIM ASHCRAFT | |
Represented By: | KELLERMAN LAW OFFICE |
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Defendant: AURORA CASKET COMPANY | |
Represented By: | Steven C. Coffaro |
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