Garrison v. Conagra Foods Packaged Foods LLC

Filing 83

ORDER granting 69 Motion for Sanctions. The Court hereby dismisses plaintiff Ruben Garcia from this action. ConAgra's 69 Motion for Summary Judgment remains pending. Signed by Judge Susan Webber Wright on 10/9/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION EVELYN GARRISON, ELBIE CANNON, AIDET ELIAS, TRACY EMERY, RUBEN GARCIA, DAVID B. GEORGE, CHRISTOPHER JOHNSON, KYLE MOSS, TONIA ORNDORFF, LANE A. SCOTT AND CHRIS A. WILLIAMS, Each Individually And On Behalf Of All Others Similarly Situated, * * * * * * * * * Plaintiffs, * * vs. * * * * CONAGRA FOODS PACKAGED * FOODS, LLC d/b/a CONAGRA FOODS, * * Defendant. * ORDER No. 4:12-cv-00737-SWW On June 30, 2014, defendant ConAgra Foods Packaged Foods, LLC d/b/a ConAgra Foods (ConAgra) filed a motion for summary judgment [doc.#69]. As part of its motion, ConAgra also moves for sanctions against separate-plaintiff Ruben Garcia, arguing that he should be dismissed from this action as a sanction for his failure to attend his own deposition. The remaining plaintiffs do not dispute that Garcia should be dismissed from this action. Accordingly, the Court grants ConAgra’s motion for sanctions [doc.#69] and hereby dismisses plaintiff Ruben Garcia from this action. ConAgra’s motion for summary judgment [doc.#69], a hearing on which is scheduled for 10:00 a.m. on Friday, November 7, 2014, remains pending. IT IS SO ORDERED this 9th day of October 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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