SMOKOWICZ v. GRAPHIC PACKAGING INTERNATIONAL, INC. et al

Filing 31

MEMORANDUM AND ORDER THAT THE UNIONS MOTION DOCKET NO. 23 IS DENIED. GRAPHIC PACKAGINGS MOTION DOCKET 24 IS DENIED WITH RESPECT TO PLAINTIFFS CLAIM FOR BREACH OF THE COLLECTIVE BARGAINING AGREEMENT (COUNT 1) AND GRANTED WITH RESPECT TO PLAINTIFFS CLAIM FOR BREACH OF THE LAST CHANCE AGREEMENT (COUNT III) PLAINTIFFS COUNT III IS DISMISSED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 5/30/17. 5/31/17 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL D. SMOKOWICZ

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v.
GRAPHIC PACKAGING
INTERNATIONAL, INC. et al.

CIVIL ACTION
NO. 16-5891

ORDER
AND NOW, this 30th day of May, 2017, upon consideration of the motions to dismiss
plaintiff’s amended complaint by defendants Graphic Packaging International, Inc., Dkt. No. 24,
and United Steel, Paper, Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services
Workers International Union (USO) AFL-CIO, CLC Local Union # 807, Dkt. No. 23, plaintiff’s
response, Dkt. Nos. 27 & 28, and Graphic Packaging’s reply, Dkt. No. 29, it is ORDERED as
follows:
1. The Union’s motion, Dkt. No. 23, is DENIED;
2. Graphic Packaging’s motion, Dkt. No. 24, is DENIED with respect to plaintiff’s
claim for breach of the Collective Bargaining Agreement (Count I) and GRANTED
with respect to plaintiff’s claim for breach of the Last Chance Agreement (Count III).
Plaintiff’s Count III is DISMISSED.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.