Wesson v. Tyson Foods Inc
ORDER denying as moot 50 Motion to Dismiss Plaintiff's Notice of Appeal. Signed by Honorable Susan O. Hickey on July 22, 2015. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CASE NO. 13-CV-4066
TYSON FOODS, INC.
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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