Staudner v. Robinson Aviation, Inc. et al

Filing 134

ORDER denying 116 Motion for Summary Judgment; denying 126 Motion to Strike ; denying 130 Motion in Limine. This matter remains for jury trial to commence August 12, 2019, at Elizabeth City, North Carolina. Signed by Chief Judge Terrence W. Boyle on 7/31/2019. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:15-CV-98-BO

PATRICKP. STAUDNER,

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Plaintiff,

v.

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ROBINSON AVIATION, INC.,
PROFESSIONAL AIR TRAFFIC
CONTROLLERS ORGANIZATION,
Defendants.

ORDER

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This cause comes before the Court on defendant Robinson Aviation's second motion for
summary judgment, which defendant Professional Air Traffic Controllers Organization supports.
Plaintiff has responded in opposition to the second motion for summary judgment, Robinson
Aviation has replied, and a hearing on the matter was held before the undersigned on July 30,
2019, at Raleigh, North Carolina. 1
DISCUSSION
The Court presumes a familiarity with the factual background and procedural posture of
this case. Robinson Aviation seeks entry of summary judgment in its favor as a matter of law, and
argues that, in light of the Fourth Circuit's opinion that the collective bargaining agreement at issue
did not require plaintiff to exhaust his contractual remedies, Professional Air Traffic Controllers
Organization (PATCO) owed plaintiff no duty of fair representation. Absent a duty owed to

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Robinson Aviation's motion to strike plaintiffs response to PATCO's memorandum in support
of Robinson Aviation's second motion for summary judgment is denied. See Local Civil Rule 1.1.

plaintiff by PATCO, plaintiffs hybrid § 301 claim, Robinson Aviation argues, fails.

See

Thompson v. Aluminum Co. ofAm., 276 F.3d 651, 656 (4th Cir. 2002).
The Court does not read the Fourth Circuit's opinion to require the conclusion that
defendants suggest. Accordingly, the second motion for summary judgment [DE 116] is DENIED.
The motion to strike [DE 126] is also DENIED. This matter remains for jury trial to commence
August 12, 2019, at Elizabeth City, North Carolina.

SO ORDERED, this

.;J {day of

-:r~2019.

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