Hunley v. Glencore, LTD, Inc et al

Filing 71

ORDER granting the motions filed by Defendants Sandvik Construction and Mining USA, LLC 10 , Sandvik Construction and Mining Oy, LLC 34 , and Detroit Diesel Corporation 23 to dismiss Plaintiff's claims as barred by the appl icable Tennessee statute of limitations, and said defendants are DISMISSED from this action. Defendant Tennessee Zinc Services Company, LLC and East Tennessee Zinc Company, LLC's motion to dismiss 20 and Defendant Glencore Ltd., LLC's mot ion to dismiss 31 are GRANTED IN PART and DENIED IN PART AS PREMATURE. Defendants' motion to dismiss Plaintiff's claims against Tennessee Zinc Services as barred by the exclusivity provision of the Tennessee Workers' Compensation Act is GRANTED, and Tennessee Zinc Services is DISMISSED from this action. And as the Court finds the jurisdictional allegations in Plaintiff's Complaint insufficient to establish the Court's subject matter jurisdiction over this matter, Defen dants' motion to dismiss for lack of subject matter jurisdiction is GRANTED without prejudice to Plaintiff's ability to file on or before April 16, 2012, an Amended Complaint against East Tennessee Zinc and Glencore, after which said Defendants may filed renewed motions to dismiss. Signed by District Judge Thomas W Phillips on March 29, 2012. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JEREMIAH HUNLEY,
Plaintiff,

)
)
)
v.
)
)
GLENCORE, LTD., INC., EAST TENN. ZINC )
CO., LLC, TENNESSEE ZINC SERVS. CO.,
)
LLC, SANDVIK MINING & CONSTR. USA, )
LLC, SANDVIK MINING & CONSTR. OY,
)
and DETROIT DIESEL CORP.,
)
Defendants.
)

No. 3:10-cv-455
(Phillips)

ORDER

I.

Introduction
This matter is before the Court on the motions to dismiss filed by Defendant

Sandvik Mining and Construction USA, LLC [Doc. 10]; Defendants East Tennessee Zinc
Company, LLC and Tennessee Zinc Services Company, LLC [Doc. 20]; Defendant Detroit
Diesel Corporation [Doc. 23]; Defendant Glencore Ltd., Inc. [Doc. 31]; and Defendant Sandvik
Mining and Construction Oy [Doc. 34].
For the reasons contained in the accompanying Memorandum Opinion, the
motions filed by Defendants Sandvik Construction and Mining USA, LLC [Doc. 10], Sandvik
Construction and Mining Oy, LLC [Doc. 34], and Detroit Diesel Corporation [Doc. 23] to
dismiss Plaintiff’s claims as barred by the applicable Tennessee statute of limitations are hereby
GRANTED, and said defendants are DISMISSED from this action.
Defendant Tennessee Zinc Services Company, LLC and East Tennessee Zinc
Company, LLC’s motion to dismiss [Doc. 20] and Defendant Glencore Ltd., LLC’s motion to

dismiss [Doc. 31] are GRANTED IN PART and DENIED IN PART AS PREMATURE.
Defendants’ motion to dismiss Plaintiff’s claims against Tennessee Zinc Services as barred by
the exclusivity provision of the Tennessee Workers’ Compensation Act is GRANTED, and
Tennessee Zinc Services is DISMISSED from this action. And as the Court finds the
jurisdictional allegations in Plaintiff’s Complaint insufficient to establish the Court’s subject
matter jurisdiction over this matter, Defendants’ motion to dismiss for lack of subject matter
jurisdiction is GRANTED without prejudice to Plaintiff’s ability to file on or before April 16,
2012, an Amended Complaint against East Tennessee Zinc and Glencore, after which said
Defendants may filed renewed motions to dismiss.

IT IS SO ORDERED.
ENTER:
s/ Thomas W. Phillips
United States District Judge

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