STRINGER v. NATIONAL FOOTBALL LEAGUE
474 F.Supp.2d 894 (2007)
Kelci STRINGER, Plaintiff,
NATIONAL FOOTBALL LEAGUE, et al., Defendants.
No. 2:03 CV 665.
United States District Court, S.D. Ohio, Eastern Division.
February 1, 2007.
Louise Malbin Roselle, Paul M. De Marco, Renee Arm Infante, Stanley Morris Chesley, Waite, Schneider, Bayless & Chesley Co., L.P.A., Cincinnati, OH, for Plaintiff.
Benjamin C. Block, Gregg H. Levy, Covington & Burling, Washington, DC, Sarah Daggett Morrison, Chester Willcox & Saxbe, Columbus, OH, Robert C. Tucker, Tucker Ellis & West LLP, Cleveland, OH, for Defendants.
MEMORANDUM OPINION AND ORDER
HOLSCHUH, District Judge.
Plaintiff Kelci Stringer, on behalf of herself and the estate of Korey Stringer, and on behalf of a class of similarly-situated persons, brought this wrongful death/survivorship action and class action complaint for injunctive relief against the National Football League ("NFL"), NFL Properties LLC ("NFL Properties"), and John Lombardo, M.D. (hereinafter collectively "NFL Defendants"), and against Riddell, Inc., also doing business as Riddell Sports Group, Inc., Riddell/All American, and All American Sports Corporation (hereinafter collectively "Riddell Defendants").
This matter is before the Court on the NFL Defendants' motion to dismiss or, in the alternative, motion for summary judgment (Record at 7), and on the Riddell Defendants' motion for judgment on the pleadings (Record at 20). Defendants all contend that Plaintiff's claims are preempted by § 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185(a). On December 12, 2005, the Court heard oral arguments on the NFL Defendants' motion. The parties then conducted limited discovery and submitted supplemental briefs.
I. Procedural History and Nature of Claims
Korey Stringer was a 27-year-old Pro Bowl offensive lineman for the Minnesota Vikings ("Vikings"). (Compl. at ¶ 1). In July 2001, Stringer participated in the Vikings' summer training camp in Mankato, Minnesota. On July 30, 2001, he suffered heat exhaustion during practice. The next day, during a morning practice, Korey Stringer developed heatstroke. He died from complications of heatstroke at 1:50 a.m. on August 1, 2001. (Id. at ¶ 11).
Kelci Stringer, Korey Stringer's widow and the personal representative of his estate, filed a five-count complaint. Plaintiff generally alleges that Korey Stringer was forced to participate in practices conducted in extreme heat and humidity while wearing unsafe, heat-retaining, league-mandated equipment and without proper acclimatization, supervision, or medical care. (Id. at ¶ 2).