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08-1312 - Mercer v. Astralloy Steel Products, Inc

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08-1312 - Mercer v. Astralloy Steel Products, Inc
August 25, 2008
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MEMORANDUM OPINION and ORDER re: subject matter jurisdiction; the court finds that it barely has subject-matter jurisdiction. But, the court will no longer have subject-matter jurisdiction if and when pla amends his complaint to eliminate Count III and his claim for a loss of benefits provided by an ERISA governed plan. If pla so amends, the court will dismiss the action w/o prej, and pla can refile it in his chosen forum. Unless pla amends his complaint as suggested within seven (7) calendar days, the parties shall proceed forthwith with the required parties planning meeting and report. Signed by Judge William M Acker, Jr on 8/25/08. (KGE, )