Brabson v. Sears, Roebuck and Co. (TV3)

Filing 23

ORDER whereby defendant Lockhart's first motion to dismiss 4 is DENIED as moot; defendant Lockhart's second motion to dismiss 13 is DENIED; defendant Sears, Roebuck and Co.'s partial motion to dismiss 15 is DENI ED as moot; and plaintiff's motion for voluntary nonsuit 19 is GRANTED, whereby the following claims will be DISMISSED without prejudice: the retaliatory discharge claims against defendant Lockhart under the TPPA and the common law; the claims of negligent infliction of emotional distress against both defendants; and the claim of negligent delegation of duty to hire and train against Sears. Signed by District Judge Thomas W Phillips on November 17, 2014. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MELISSA K. BRABSON,
Plaintiff,
v.
SEARS, ROEBUCK AND CO. and
TIM LOCKHART in his capacity as
Manager and individually,
Defendants.

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No. 3:14-CV-336
Phillips/Shirley

ORDER
For the reasons set forth in the accompanying memorandum opinion, defendant
Lockhart’s first motion to dismiss [Doc. 4] is DENIED as moot; defendant Lockhart’s
second motion to dismiss [Doc. 13] is DENIED; defendant Sears, Roebuck and Co.’s
partial motion to dismiss [Doc. 15] is DENIED as moot; and plaintiff’s motion for
voluntary nonsuit [Doc. 19] is GRANTED, whereby the following claims will be
DISMISSED without prejudice: the retaliatory discharge claims against defendant
Lockhart under the TPPA and the common law; the claims of negligent infliction of
emotional distress against both defendants; and the claim of negligent delegation of duty
to hire and train against Sears.
IT IS SO ORDERED.
s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE