BUTLER v. BellSouth Corporation et al

Filing 15

ORDER correcting a clerical error. The claims against Defendant BellSouth Telecommunications, LLC and not Communication Workers should have been the only claims dismissed. The Court orders the remaining parties - Butler and the Communication Works - to show cause why this case should not be reopened. No response briefs will be permitted. Ordered by U.S. District Judge W. Louis Sands on 11/19/13. (wks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
BENNIE BUTLER,
Plaintiff,

:
:
:
v.
:
:
BELLSOUTH
:
TELECOMMUNICATIONS, LLC, and :
COMMUNICATIONS WORKERS
:
OF AMERICA LOCAL 3201,
:
Defendants.
:
____________________________________:

CASE NO.: 1:11-CV-131 (WLS)

ORDER
Upon review of the docket, the Court notes that it appears that an entry of
judgment was entered as to all defendants by clerical error in the above-captioned case.
Based on the Court’s Order, however, the claims against Bellsouth, and not the
Communication Workers, should have been the only claims dismissed.
Under Rule 60 of the Federal Rules of Civil Procedure, a Court may sua sponte
correct a clerical error. See Fed. R. Civ. P. 60(a). But because the Communication
Workers of America Local 3201 have pointed out in a subsequently filed case that the
claims against them were due to be dismissed as untimely in any event, Defendant
CWA’s Motion to Dismiss, Butler v. Bellsouth Telecommunications, LLC, et al, No. 1:12-cv189 (WLS) (M.D. Ga. May 5, 2013), the Court finds the best course of action is the
following. Within fourteen (14) days from the entry of this Order, the remaining
Parties—Butler and the Communication Workers—shall show cause why this case
should not be reopened. No response briefs will be permitted.
SO ORDERED, this 19th

day of November, 2013.
/s/ W. Louis Sands
W. LOUIS SANDS, JUDGE
UNITED STATES DISTRICT COURT
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