Sharbine v. Boone Exploration, Inc.

Filing 8

ORDER granting and denying in parts 2 Motion to Dismiss and denying 2 Motion for More Definite Statement. Signed by Honorable Harry F. Barnes on March 9, 2010. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

BARBARA M. SHARBINE

PLAINTIFF

VS.

CASE NO. 09-CV-1025

BOONE EXPLORATION, INC.

DEFENDANT

ORDER Before the Court is a Motion to Dismiss, and Alternatively, for More Definite Statement filed by Defendant Boone Exploration, Inc. (Doc. 2). Plaintiff, Barbara M. Sharbine, has responded to the motion. (Doc. 6). For the reasons discussed in the Memorandum Opinion of even date, the Court finds that Defendant's Motion to Dismiss should be and hereby is granted in part and denied in part. Defendant's Motion to Dismiss with respect to Plaintiff's claim under the common law tort of outrage is hereby granted and the claim dismissed. Defendant's Motion to Dismiss with respect to Plaintiff's claims for quid pro quo harassment under Title VII of the Civil Rights Act of 1964 and the Arkansas Civil Rights Act are hereby granted and the claims dismissed. Defendant's Motion to Dismiss with respect to Plaintiff's claims for hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964 and the Arkansas Civil Rights Act are hereby denied. Defendant's alternative Motion for More Definite Statement is hereby denied. IT IS SO ORDERED, this 9th day of March, 2010. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge