Macklin v. F M C Transport Incorporated

Filing 35

ORDER re 33 Reply filed by FMC Transport Inc, to 32 Report of Rule 26(f) Planning Meeting filed by FMC Transport Inc, Dennis Macklin as a motion to dismiss the current action. All motions to dismiss must be accompanied by a separate brie f. FMC is directed to file a separate motion and brief raising the issues set forth in the response for the Court's consideration. The Court declines to enter a show cause order or to conduct a hearing. Signed by Judge Kristine G. Baker on 3/15/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DENNIS MACKLIN
v.

PLAINTIFF
Case No. 4:11-cv-900

FMC TRANSPORT INC.

DEFENDANT
ORDER

Plaintiff Dennis Macklin filed what he styled as a “Joint Rule 26(f) report” on January
31, 2013 (Dkt. No. 32). Defendant FMC Transport Incorporated (“FMC”) filed a response to
that report (Dkt. No. 33). In that response, FMC disputes that the Rule 26(f) report filed by Mr.
Macklin was a joint report. FMC also requests that the Court “require Plaintiff to show cause as
to whether or not he intends to pursue this case given his settlement in the contradictory case,
and, if he intends to pursue this case, to show cause how his allegations and settlement payment
received… can be reconciled with the allegations in this case that he had a truck and could have
fulfilled his contract upon which he bases his cause of action.” FMC requests a hearing in this
matter, should the Court believe it would be helpful.
This Court construes FMC’s statement in its response to the Rule 26(f) report as the basis
for a motion to dismiss the current action. In accordance with Local Rule 7.2(e), all motions to
dismiss shall not be taken up and considered unless set forth in a separate pleading accompanied
by a separate brief. FMC is directed to file a separate motion and brief raising these issues for
the Court’s consideration. The Court declines at this time to enter a show cause order or to
conduct a hearing.

SO ORDERED this the 15th day of March, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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