Bertrand v. Yellow Transportation et al

Filing 180

ORDER: For the reasons explained in the accompanying Memorandum, the Court hereby enters the following rulings: The Report and Recommendation of the Magistrate Judge 138 is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto 146 are hereby OVERRULED. The Report and Recommendation of the Magistrate Judge 139 is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto 140 are hereby OVERRULED. "Defendant Yellow Transportation, Inc., Larry Birney, Carl Hast ings and Keith Dailey's Motion to Dismiss, In Part, Plaintiff's Amended Complaint" 43 is hereby GRANTED and the following claims against those Defendants are hereby DISMISSED as stated within this order. Defendant Teamsters Local 480 's Motion to Dismiss 61 is hereby GRANTED and the following claims against the Union Defendants are hereby DISMISSED. Plaintiff's Motion for Extension of time to File Response 144 is hereby DENIED AS MOOT. Plaintiff's Motion for Co mpensation 147 is hereby DENIED. Defendants' Motion for Leave to Respond to Plaintiff's Notice of Filing 172 is hereby DENIED. This action is hereby returned to the Magistrate Judge for further pretrial management in accordance with the previously entered Order of reference 37 . Signed by Senior Judge Robert Echols on 9/30/09. (cc: pltf by reg. & cert. mail) (dt) Modified Text on 10/1/2009 (dt).

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOSEPH B. BERTRAND, ) ) Plaintiff, ) ) v. ) ) YELLOW TRANSPORTATION, INC., ) et al., ) ) Defendants. )

Case No. 3:08-1123 Judge Echols

ORDER For the reasons explained in the accompanying Memorandum, the Court hereby enters the following rulings: (1) The Report and Recommendation of the Magistrate Judge (Docket Entry No. 138) is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto (Docket Entry No. 146) are hereby OVERRULED; (2) The Report and Recommendation of the Magistrate Judge (Docket Entry No. 139) is hereby ACCEPTED and APPROVED and Plaintiff's Objections thereto (Docket Entry No. 140) are hereby OVERRULED; (3) "Defendant Yellow Transportation, Inc., Larry Birney, Carl Hastings and Keith Dailey's Motion to Dismiss, In Part, Plaintiff's Amended Complaint" (Docket Entry No. 43) is hereby GRANTED and the following claims against those Defendants are hereby DISMISSED: (a) Plaintiff's Fourteenth Amendment Equal Protection and 42 U.S.C. § 1983 claims; (b) Plaintiff's Title VI, Title IX and Title X claims; (c) Plaintiff's claims under 49 C.F.R. Part 40; (d) Plaintiff's Title VII and Tennessee Human Rights Act claims for sex discrimination; (e) Plaintiff's claims for 1

defamation; (f) Plaintiff's claims for intentional infliction of emotional distress; and (g) Plaintiff's Title VII claims against the individual company Defendants; (4) Defendant Teamsters Local 480's Motion to Dismiss (Docket Entry No. 61) is hereby GRANTED and the following claims against the Union Defendants are hereby DISMISSED: (a) Plaintiff's Fourteenth Amendment Equal Protection and 42 U.S.C. § 1983 claims; (b) Plaintiff's Title VI, Title IX and Title X claims; (c) Plaintiff's claims under 49 CFR Part 40; (d) Plaintiff's claims of sex discrimination under Title VII and the Tennessee Human Rights Act, as well as any possible claims for sexual harassment and retaliation under Title VII and/or the Tennessee Human Rights Act; (e) Plaintiff's claims for defamation; (f) Plaintiff's claims for intentional infliction of emotional distress; and (g) Plaintiff's claims under 29 U.S.C. § 185. Defendant's Motion to Dismiss any purported claims against David Mottern is hereby DENIED AS MOOT; (5) Plaintiff's Motion for Extension of time to File Response (Docket Entry No. 144) is hereby DENIED AS MOOT; (6) Plaintiff's Motion for Compensation (Docket Entry No. 147) is hereby DENIED; and (7) Defendants' Motion for Leave to Respond to Plaintiff's Notice of Filing (Docket Entry No. 172) is hereby DENIED. This action is hereby returned to the Magistrate Judge for further pretrial management in accordance with the previously entered Order of reference (Docket Entry No. 37). It is SO ORDERED. ___________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE

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