Mason v. IAMAW, Local W475 et al

Filing 33

JUDGMENT granting 18 Motion for Summary Judgment and Adopting 31 Report and Recommendations; plaintiff's claims are dismissed with prejudice. Signed by Honorable Harry F. Barnes on April 29, 2011. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ARMENDA MASON V. PLAINTIFF NO. 09-CV-10003 IAMAW, LOCAL W-475 DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed December 22, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 31). Judge Bryant recommends that Defendant’s Motion for Summary Judgment (ECF No. 18) be granted. Plaintiff has responded with timely objections. (ECF No. 32). After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation as its own. In her objections to the Report and Recommendation, Plaintiff alleges that the affidavits presented by Defendant in support of its summary judgment motion are untrue. However, Plaintiff has presented no proof that the affidavits contain false information. Moreover, Plaintiff has not submitted any proper summary judgment evidence by way of affidavit, deposition testimony, or discovery answers that establish a triable issue of fact on the issue that she was treated differently because of her race. The Court has reviewed Plaintiff’s objections and finds that the objections lack merit. Accordingly, for reasons stated herein and above, as well as those contained in Judge Bryant’s Report and Recommendation (ECF No. 31), Defendant’s Motion for Summary Judgment (ECF No. 18) is GRANTED. Plaintiff’s claims are DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 29th day of April, 2011. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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