Adams v. Kelly et al

Filing 42

JUDGMENT granting 32 Motion for Summary Judgment. (See Judgment for specifics.) Signed by Honorable Susan O. Hickey on January 26, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION PATRICIA ADAMS V. PLAINTIFF CASE NO. 12-CV-4102 TRUMAN ARNOLD COMPANIES DEFENDANT JUDGMENT Before the Court is a Motion for Summary Judgment (ECF No. 32) filed by Defendant Truman Arnold Companies. Plaintiff Patricia Adams has filed a response. ECF No. 36. Defendant has filed a reply. ECF No. 37. The matter is ripe for the Court’s consideration. For the reasons set forth in the Memorandum Opinion of even date, the Court finds that Defendant’s Motion for Summary Judgment (ECF No. 32) should be and hereby is GRANTED as to Plaintiff’s sexual harassment and retaliation claims pursuant to Title VII and the Arkansas Civil Rights Act as well as her state law claims of outrage, battery, and defamation. Accordingly, these claims are DISMISSED WITH PREJUDICE. With the dismissal of the federal claims upon which subject matter jurisdiction is based, the Court, exercising its discretion after a review of the relevant factors, is persuaded that the pendent state claims of negligent hiring and negligent supervision/retention should be and hereby are DISMISSED WITHOUT PREJUDICE. See 28 U.S.C. § 1367(c). Plaintiff may pursue these claims in the appropriate state court forum. IT IS SO ORDERED, this 26th day of January, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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