Smith v. ConAgra Frozen Foods Inc et al

Filing 56

ORDER re 54 Certification of Issue to State Court. The Court thinks Smith's retaliation claim against Steen is not barred by limitations. Steen's presence in the case destroys complete diversity. Remand appears to be appropriate. If any party disagrees, the party should file an objection by December 27, 2013. Signed by Judge D. P. Marshall Jr. on 12/13/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

TANYA SMITH
No. 4:12-cv-517-DPM

v.

CONAGRA FOODS, INC. and
TERRY STEEN

DEFENDANTS
ORDER

The Court notes the Arkansas Supreme Court's recent opinion
answering the certified question. The Court will await the appellate court's
mandate, but has reviewed the parties' pre-certification filings in preparation
for acting. Here is the Court's thinking. Smith's retaliation claim against
Steen is not barred by limitations. Steen's presence in the case destroys
complete diversity.

Remand appears to be appropriate.

If any party

disagrees, the party should file an objection by 27 December 2013.
So Ordered.
D.P. Marshall if''
United States District Judge
I 3 /.D!t&z~ o?.O I.?