The opinion
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Jerry Slight, et al., Case No. 3:20-cv-1590
Plaintiffs,
v. ORDER
International Union, United Automobile,
Aerospace and Agricultural Implement
Workers of America, et al.,
Defendants.
All Defendants except for Michael Brown, Keith Mickens, and Norwood Jewell moved to
dismiss Plaintiffs’ Amended Complaint. I concluded that, in light of the Sixth Circuit’s decision in
Baltrusaitis v. Int’l Union, United Auto., Aerospace & Agric. Implement Workers of Am., 86 F.4th 1168 (6th
Cir. 2023), Plaintiffs’ RICO claims are barred by the four-year statute of limitations. (Doc. No. 110).
I dismissed Counts I and II as time-barred and declined to exercise supplemental jurisdiction over
Plaintiffs’ state-law claim in Count III.
In certain circumstances, a court may dismiss a plaintiff’s claim sua sponte, including when a
statute of limitations defect is obvious from the face of the complaint. Alston v. Tennessee Dep’t of
Corr., 28 F. App’x 475, 476 (6th Cir. 2002) (citing Pino v. Ryan, 49 F.3d 51, 53-54 (2d Cir. 1995)).
Because that circumstance exists in this case, I also dismiss Counts I and II, and decline to exercise
supplemental jurisdiction over Count III, as to Brown, Mickens, and Jewell
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge