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)

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,

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Plaintiffs,
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vs.
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CONAGRA FOODS PACKAGED
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FOODS, LLC d/b/a CONAGRA FOODS,
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Defendant.
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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