Cheshire v. Air Methods Corp

Filing 15

ORDER that Defendant either withdraw its motion to dismiss or file a superseding motion restating its arguments in light of Plaintiff's amended complaint. Signed by Magistrate Judge Karen L Hayes on 5/11/15. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
CARL C. CHESHIRE

CIVIL ACTION NO. 3:15-CV0933

VERSUS

JUDGE ROBERT G. JAMES

AIR METHODS CORP

MAGISTRATE JUDGE HAYES
ORDER1

On April 3, 2015, Defendant Air Methods Corporation filed a motion to dismiss for lack
of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted.
[doc. # 5]. Defendant premised the former defense on Plaintiff’s allegation that he “was
constructively terminated in violation of the collective bargaining agreement . . . .” Id. at 1.
Defendant premised the latter defense on Plaintiff’s alleged failure to set forth an actual violation
of state law and failure to allege that he was terminated for engaging in a protected activity.
[doc. # 5-3, p. 16-19].
Plaintiff did not respond to Defendant’s motion within the applicable deadline. Plaintiff
did, however, file an amended complaint on May 1, 2015.2 [doc. # 14]. The amended complaint
does not reference a collective bargaining agreement. Id. In addition, Plaintiff now alleges that
Defendant violated state law and terminated him for engaging in a protected activity. Id. at 2.
Accordingly, IT IS ORDERED that, within seven (7) days from the date of this Order,
Defendant shall either withdraw its motion or file a superseding motion restating its arguments in
1

As this matter is not excepted within 28 U.S.C. § 636(b)(1)(A), nor dispositive of any
claim on the merits within the meaning of Rule 72 of the Federal Rules of Civil Procedure, this
order is issued under the authority thereof, and in accordance with the standing order of this
Court. Any appeal must be made to the district judge in accordance with Rule 72(a) and L.R.
74.1(W).
2

Plaintiff enrolled counsel on April 23, 2015. [doc. # 11].

light of Plaintiff’s amended complaint.
In Chambers, Monroe, Louisiana, this 11th day of May, 2015.

__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE