Opinion
Case No. 3:11cv420
03-26-2013
GENERAL TRUCK DRIVERS, WAREHOUSEMEN, HELPERS SALES AND SERVICE, AND CASINO EMPLOYEES, TEAMSTERS LOCAL UNION NO. 957, Plaintiff, v. HEIDELBERG DISTRIBUTING COMPANY, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY DISMISSING CAPTIONED CAUSE WITH PREJUDICE; TERMINATION ENTRY
On March 6, 2013, this Court filed a Decision and Entry dismissing Count 1, without prejudice to Plaintiff filing an amended complaint within ten (10) days of March 6, 2013, and dismissing Count 2 of the Plaintiff's Complaint, setting forth a state law breach of contract case, with prejudice.
As of the date of the dictation of this Decision and Entry, March 25, 2013, the Plaintiff has not filed an amended complaint as to Count 1, a count that had been previously dismissed without prejudice to the filing of such an amended complaint.
Accordingly, Count 1 of the Plaintiff's Complaint is dismissed, with prejudice, and, since Count 2 had been previously dismissed with prejudice, the captioned cause is dismissed, with prejudice.
The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
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WALTER HERBERT RICE, JUDGE
UNITED STATES DISTRICT COURT
Copies to: Counsel of record