Dees v. Hyundai Motor Manufacturing Alabama, LLC et al

Filing 227

JUDGMENT as follows: (1) Defendant Hyundai Motor Manufacturing AL, LLC 212 Motions for Reconsideration and Plaintiff Jerry Leon Dees, Jr.'s 213 Motion for Reconsideration are granted; (2) 186 and 187 Memorandum Opinion and Judgment are va cated; (3) Defendants Hyundai Motor Manufacturing AL, LLC, and Hyundai Motor America, Inc.'s 67 Motion for Summary Judgment is granted as to plaintiff Dees's claims for termination and harassment under the Uniform Services Employment and R eemployment Rights Act of 1994; (4) Judgment entered in favor of defendants Hyundai Motor Manufacturing AL, LLC and Hyundai Motor America, Inc. and against Plaintiff Dees on Dees's claims for termination and harassment under the Uniformed Servic es Employment and Reemployment Rights Act of 1994, with plaintiff Dees taking nothing as to these claims; and (5) Plaintiff Dees's outrage and conversion claims under Alabama law against defendants Hyundai Motor Manufacturing Alabama, LLC, and H yundai Motor America,Inc. are dismissed with leave to refile them in state court. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 3/25/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JERRY LEON DEES, JR., ) ) Plaintiff, ) ) v. ) ) HYUNDAI MOTOR MANUFACTURING ) ALABAMA, LLC, and HYUNDAI ) MOTOR AMERICA, INC., ) ) Defendants. ) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendants Hyundai Motor Manufacturing Alabama, LLC's and plaintiff Jerry Leon Dees, Jr.'s motions for reconsideration (Doc. Nos. 212 and 213) are granted. (2) The previous memorandum opinion and judgment (Doc. Nos. 186 and 187) are vacated. (3) Defendants Hyundai Motor Manufacturing Alabama, LLC, and Hyundai Motor America, Inc.'s motion for summary judgment (Doc. No. 67) is granted as to plaintiff Dees's claims for termination and harassment under the Uniformed CIVIL ACTION NO. 2:07cv306-MHT (WO) Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301-4334. (4) Judgment is entered in favor of defendants Hyundai Motor Manufacturing Alabama, LLC, and Hyundai Motor America, Inc. and against plaintiff Dees on Dees's claims for termination and harassment under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301-4334, with plaintiff Dees taking nothing as to these claims. (5) Plaintiff Dees's outrage and conversion claims under Alabama law against defendants Hyundai Motor Manufacturing Alabama, LLC, and Hyundai Motor America, Inc. are dismissed with leave to refile them in state court. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 25th day of March, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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