Wesson v. Tyson Foods Inc

Filing 55

ORDER denying as moot 50 Motion to Dismiss Plaintiff's Notice of Appeal. Signed by Honorable Susan O. Hickey on July 22, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ANDY WESSON VS. PLAINTIFF CASE NO. 13-CV-4066 TYSON FOODS, INC. DEFENDANT ORDER Before the Court is Defendant’s Motion to Dismiss Plaintiff’s Notice of Appeal as Untimely. (ECF No. 50). Defendant’s motion was filed in this Court on April 24, 2015, and it was re-filed at the Eighth Circuit Court of Appeals on April 29, 2015. Defendant’s motion was granted by the Eighth Circuit, and Plaintiff’s appeal was dismissed as untimely filed. A mandate in accordance with that dismissal was filed in this case on July 22, 2015. (ECF No. 54). In accordance with the Eighth Circuit’s dismissal of Plaintiff’s appeal, the Court finds that Defendant’s Motion to Dismiss (ECF No. 50) should be and hereby is DENIED AS MOOT. This case remains closed. IT IS SO ORDERED, this 22nd day of July, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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