Chatmon v. Amazon.com Services LLC

Filing 12

ORDER granting 5 motion to dismiss; and dismissing without prejudice Chatmon's complaint. Signed by Judge D. P. Marshall Jr. on 2/23/2024. (jak)

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

KENNY CHATMON, JR
No. 4:23-cv-1128-DPM

v.

AMAZON.COM SERVICES, LLC

DEFENDANT

ORDER
1.

Kenny Chatmon works for Amazon as a transportation

associate. In August 2023, Amazon asked Chatmon to take a drug test.
Doc. 2 at 3-4. He objected because he thought he would fail and was

concerned that the test results would be shared on the CDL
Clearinghouse, an online database that provides information about
CDL holders' drug and alcohol program violations. Chatmon took the
test, though, so he wouldn't lose his job. And he tested positive for
marijuana. Amazon reassigned him based on this result. Chatmon
claims that Amazon defamed him when the company shared the results
of his drug test with the Department of Transportation, possibly
compromising his CDL.

Doc. 1 at 23. He paid the filing fee and

initiated this suit in Pulaski County Circuit Court.

Chatmon v.

AmazonServices.Com, LLC, 60CV-23-8206. Amazon removed the case

and now moves to dismiss for insufficient service of process and failure

to state a claim. Doc. 5; Fed. R. Civ. P. 12(b)(5) & (6). Chatmon has
not responded.
2.

Chatmon is not indigent and is responsible for completing

good service. He attempted to do so by hand-delivering the summons
and complaint to Amazon, although it's unclear to whom Chatmon
delivered the documents. Doc. 1 at 26-27. This service was ineffective.
In Arkansas, a plaintiff can't serve his complaint in person.
Ark. R. Civ. P. 4(c)(2). Amazon's motion to dismiss explained how to
perfect service, but Chatmon has made no effort to do so. And he has
not sought more time to do so. Compare Fed. R. Civ. P. 4(m).
3.

On

the

merits,

Chatmon' s

defamation

claim fails.

Chatmon pleads that he knew he would fail the drug test because he
had "weed/THC in my system."

Doc. 2 at 4.

Amazon didn't

defame him by sharing that truth with the CDL Clearinghouse.
Little Rock Newspapers, Inc. v. Fitzhugh, 330 Ark. 561,568, 954 S.W.2d 914,

918 (1997).
*

*

*

Amazon's motion to dismiss, Doc. 5, is granted.

Chatmon's

complaint will be dismissed without prejudice.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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