Pierce v. Tyson Foods et al

Filing 15

ORDER granting 4 Motion to Dismiss Party. Jennifer Schluterman is hereby dismissed with prejudice from this case. Signed by Honorable Robert T. Dawson on November 3, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

ROY JACKSON PIERCE,

PLAINTIFF

v.

CASE NO. 2:11-CV-2145

TYSON FOODS, RIVER VALLEY ANIMAL FOODS,
JENNIFER SCHLUTERMAN, DENNIS KOCH,
GREG ECKELHOFF, HOMER WINSTON,
and ALL JOHN DOES, unknown, who were
written up for racial discrimination,
sued in their individual and official
capacities of Tyson Foods

DEFENDANTS

O R D E R
Before the Court are Defendant Jennifer Schluterman’s Motion
to Dismiss for Insufficiency of Process, Insufficiency of Service
of Process, and for Failure to State Facts upon which Relief Can Be
Granted (Doc. 4) and Brief in Support (Doc. 5).

Plaintiff has

failed to timely respond to the Motion, despite the Court’s Order
of September 1, 2011 (Doc. 7), directing Plaintiff to respond by
September 23, 2011, and the Court’s later Order of September 22,
2011, granting Plaintiff’s motion to extend the time to file a
response until October 7, 2011. As the Court’s second extension of
time for Plaintiff to file a response has passed, the Court will
now consider the Motion on the merits.
Defendant Schluterman, who is a supervisor of the Plaintiff,
correctly

states

in

her

Motion

that

there

is

no

individual

liability for supervisors pursuant to Title VII of the Civil Rights
Act.

Lenhardt v. Basic Inst. Of Technology, Inc., 55 F.3d 377,

381 (8th Cir. 1995)(“supervisors and other employees cannot be held
liable under Title VII in their individual capacities”).

For this

reason, Defendant’s Motion to Dismiss (Doc. 4) is GRANTED and
Defendant Schluterman is hereby dismissed with prejudice from this
case.
It is so ORDERED this 3rd day of November 2011.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

2