Honeycutt v. FedEx FREIGHT

Filing 14

ORDER: granting in part and denying in part 8 Motion to Dismiss, It is granted with respect to any promotions denied the plaintiff which occurred more than 180 days prior to 2/4/09; any corrective action which occurred more than 180 days prior to 2/5/09; and any claim plaintiff has based on FedEx's opposition to his claim for unemployment benefits, AND adopting Report and Recommendations re 11 . Signed by Honorable Jimm Larry Hendren on October 16, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT W E S T ER N DISTRICT OF ARKANSAS HA R R I S O N DIVISION D AV ID HONEYCUTT v. Ci v i l No. 09-3043 DEFENDANT ORDER Now on this 16th day of October, 2009, comes on for PLAINTIFF

F ED EX FREIGHT SYSTEM, INC.

c on si d e r a t i o n the Report and Recommendation of the Magistrate Judge, H on . James R. Marschewski (document #11, filed August 31, 2009), in t hi s matter, to which no objections have been filed, and the Court, h av in g carefully reviewed said Report and Recommendation, finds that i t is sound in all respects, and that it should be adopted in toto. I T IS THEREFORE ORDERED that the Magistrate Judge's Report and R ec om m e n d a t i o n is adopted in toto. I T IS FURTHER ORDERED that, for the reasons stated in the M ag is t r a t e Judge's Report and Recommendation, Fed Ex's Motion to D is mi s s (Doc. #8) is hereby granted in part and denied in part. i s granted with respect to the following: It

(1) any promotions denied

t he plaintiff which occurred more than one-hundred and eighty days p ri or to February 5, 2009; (2) any corrective actions which occurred m or e than one-hundred and eighty days prior to February 5, 2009; and ( 3) an y claim plaintiff has based on FedEx's opposition to his claim f or unemployment benefits. IT IS SO ORDERED. / s / Ji mm Larry Hendren H O N . JIMM LARRY HENDREN U N I TE D STATES DISTRICT JUDGE