Pierce v. Tyson Foods et al
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,
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
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).
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,
liability for supervisors pursuant to Title VII of the Civil Rights
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”).
reason, Defendant’s Motion to Dismiss (Doc. 4) is GRANTED and
Defendant Schluterman is hereby dismissed with prejudice from this
It is so ORDERED this 3rd day of November 2011.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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