Frazier v. Vitran Express, Inc

Filing 9

AGREED ORDER Dismissing Plaintiff's Claim Under the Tennessee Human Rights Act. Plaintiff's claim under the Tennessee Human Rights Act, Count III of the Complaint, is dismissed with prejudice. Further, Defendant shall have up to and including September 15, 2009 to file its Answer to Plaintiff's Complaint. Signed by District Judge R Leon Jordan on September 3, 2009. (AYB)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ALFRED L. FRAZIER Plaintiff, v. ) ) ) ) ) ) ) ) ) )

Case Number 3:09-cv-242 Jordan/Shirley

VITRAN EXPRESS, INC. Defendant.

AGREED ORDER DISMISSING PLAINTIFF'S CLAIM UNDER THE TENNESSEE HUMAN RIGHTS ACT Come the parties, Plaintiff, Alfred L. Frazier, and Defendant, Vitran Express, Inc., by and through counsel, and represent to the Court that they are in agreement that Plaintiff's claim under the Tennessee Human Rights Act is time-barred and that, therefore, Defendant's Partial Motion to Dismiss should be granted. The parties further represent to the Court that they are in agreement that Defendant shall have up to and including September 15, 2009 to file its Answer to Plaintiff's Complaint. Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that Defendant's Partial Motion to Dismiss [doc. 8] is granted and that Plaintiff's claim under the Tennessee Human Rights Act, Count III of the Complaint, is dismissed with prejudice. It is further ORDERED, ADJUDGED and

DECREED that Defendant shall have up to and including September 15, 2009 to file its Answer to Plaintiff's Complaint.

ENTER:

s/ Leon Jordan United States District Judge
1
K TBM 230689 v1 0-0 8/26/2009

APPROVED FOR ENTRY:

s/Keith L. Edmiston w/permission by s/Timothy B. McConnell Keith L. Edmiston, BPR# 018366 THE RITCHIE LAW FIRM, PC BankEast Building, Ste. 1100 607 Market Street Knoxville, TN 37902 [phone] [phone] (facsimile) [e-mail] Attorney for Plaintiff, Alfred L. Frazier

s/Timothy B. McConnell Timothy B. McConnell, BPR # 019136 L. Eric Ebbert, BPR# 017958 BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ 265 Brookview Centre Way, Suite 600 Knoxville, Tennessee 37919 Telephone: [phone] Fax: [phone] [e-mail] [e-mail]

W. Scott Hardy (admitted pro hac vice) Philip K. Kontul (admitted pro hac vice) COHEN & GRIGSBY, PC 625 Liberty Avenue Pittsburgh, PA 15222-3152 [phone] [e-mail] [e-mail] Attorneys for Defendant, Vitran Express, Inc.

2
K TBM 230689 v1 0-0 8/26/2009