Gammon v. Arkansas State Highway & Transportation Department et al

Filing 47

LETTER ORDER to Counsel re 45 Response to and 38 MOTION for Summary Judgment: Defts may file a reply briefing the issue outlined in this letter by 5:00 p.m. on Friday, April 24, 2009; plaintiff should respond by 5:00 p.m. on Friday, May 1, 2009. Signed by Judge William R. Wilson, Jr on 4/20/09. (bkp)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 [phone] Facsimile [phone]

April 20, 2009 Ms. Angela R. Dodson Mr. David S. Long Arkansas State Highway & Transportation Department Post Office Box 2261 Little Rock, AR 72203-2261 Re: Gammon v. ASHTD et al., 2:07-CV-00148-WRW Dear Ms. Dodson and Mr. Long: I have received Defendants' Motion for Summary Judgment (Doc. No. 38) and Plaintiff's response.1 It appears that Plaintiff is not entitled to any disability retirement because Plaintiff "withdrew all his retirement thereby losing any right to apply for disability retirement."2 Additionally, I previously ruled3 that Plaintiff is not entitled to any monetary damages even though Plaintiff continues to make this argument.4 However, I would like Defendants to tell me (with appropriate summary judgment evidence in support)5 why there is not a genuine issue of material fact in dispute with respect to Plaintiff's claim for injunctive relief. Plaintiff contends that he was wrongfully terminated from employment in violation of federal law.6 If they so choose, Defendants may file a reply briefing this issue by 5:00 p.m. on Friday, April 24, 2009. Plaintiff should respond by 5:00 p.m. on Friday, May 1, 2009. Cordially, /s/ Wm. R.Wilson, Jr. Original to the Clerk of the Court cc: Other Counsel of Record

1 2 3 4 5

Doc. No. 45. Doc. No. 39 (citing Exhibit 2). See Doc. No. 19. See Doc. No. 46.

Defendants simply state "[d]ue to the above facts, Mr. Gammon cannot possibly be entitled to any prospective injunctive relief as there is no evidence of any harm in the past . . . ." Doc. No. 46.
6

Doc. No. 46.