Bradley v. Army Fleet Support

Filing 48

ORDER directing that, upon consideration of the briefing in support of and in opposition to the Motion for Summary Judgment, it is ORDERED as follows: (1) The Defendant is given until October 1, 2014 to file a supplemental brief which addresses whet her it concedes that the Plaintiff's absences qualified for FLMA treatment and, if the Defendant does not so-concede, the effect of that on the Plaintiff's claims in this case; (2) The Plaintiff is given until October 1, 2014 to file a supplemental brief which addresses the Defendant's argument regarding grievance and arbitration as stated on page 10 of the Reply (Doc. # 43 ). Signed by Honorable Judge W. Harold Albritton, III on 9/24/14. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES BRADLEY,
Plaintiff,
v.
ARMY FLEET SUPPORT, LLC, etc.,
Defendants.

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Case No.

1:13cv308-WHA

(wo)

ORDER
Upon consideration of the briefing in support of and in opposition to the Motion for
Summary Judgment, it appears to the court that additional briefing is required on two issues.
The Defendant, Army Fleet Support, LLC (“AFS”), states in its Reply that the Plaintiff suggests
that AFS has conceded that his absences should have qualified for FMLA treatment (Doc. #43 at
p.2), but AFS does not directly address whether the absence did in fact qualify for FMLA
treatment. Also, in the Reply, AFS argues, apparently for the first time, that the Plaintiff did not
raise certain issues of contract interpretation at his grievance hearing or request arbitration.
Accordingly, it is ORDERED as follows:
1.

The Defendant is given until October 1, 2014 to file a supplemental brief which
addresses whether it concedes that the Plaintiff’s absences qualified for FLMA
treatment and, if the Defendant does not so-concede, the effect of that on the
Plaintiff’s claims in this case.

2. The Plaintiff is given until October 1, 2014 to file a supplemental brief which
addresses the Defendant’s argument regarding grievance and arbitration as stated on
page 10 of the Reply (Doc. #43).
Done this 24th day of September, 2014

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE