Smith v. ConAgra Frozen Foods Inc et al

Filing 43

ORDER granting 40 Motion for Order; granting in part and denying in part 10 Motion to Dismiss; denying 16 Motion to Remand to State Court; denying 28 Motion to Dismiss Party. The Court directs Smith to file her amended complaint by 12/7/12 stating her remaining claims more definitely. Signed by Judge D. P. Marshall Jr. on 11/29/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TANYA SMITH v. PLAINTIFF No. 4:12-cv-517-DPM CONAGRA FOODS, INC., and TERRY STEEN DEFENDANTS ORDER For the reasons stated on the record, the motion to certify, Document No. 40, is granted. The motion to dismiss Terry Steen, Document No. 28, is denied without prejudice. The motion to remand, Document No. 16, is likewise denied without prejudice. The motion to dismiss by ConAgra, Document No. 10, is granted in part and denied in part. All discrimination claims under A.C.A. §16-123-107 against ConAgra are barred by the statute of limitations, and therefore dismissed with prejudice. Given the uncertainty manifest at the hearing about whether Smith was asserting an ACRA claim under §105 or §106, the Court directs her to file an amended complaint by 7 December 2012 stating her remaining claims more definitely. The dismissed discrimination claims against ConAgra should be omitted. ConAgra and Steen should answer, preserving their limitation defenses, by 14 December 2012. The issues will thus be joined promptly with clarity pre-certification. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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