LaSasso v. FedEx Express et al

Filing 18

ORDER granting 4 Motion to Dismiss for Failure to State a Claim by FedEx Corporation. Signed by District Judge Terrence W. Boyle on 7/24/2015. (Downing, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-166-BO

REX LASASSO
Plaintiff,

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ORDER

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FEDEX EXPRESS a/k/a FEDERAL
EXPRESS CORPORATION and FEDEX
CORPORATION,
Defendants.

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This matter is before the Court on defendant FedEx Corporation's motion to dismiss
pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. FedEx
Corporation asserts that all actions complained of in plaintiff's complaint were taken by his
employer, and that FedEx Corporation was not and never has been plaintiff's employer. Jackson
Aff.

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5. Plaintiff appears to have been employed by a separate and distinct corporate entity, and

co-defendant in this action, Federal Express Corporation a/k/a FedEx Express. Eslami Aff.

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7,9,10. Plaintiff has failed to respond to the instant motion.
Because it appears that FedEx Corporation is not a proper party to this suit, its motion to
dismiss [DE 4] is GRANTED.

SO ORDERED, thistfday of July, 2015.

TERRENCE W. BOYLE
UNITED STATES DISTRICT JU