Quesenberry et al v. Volvo Group North America Inc. et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations, denying 20 Motion for Preliminary Injunction, filed by Robert K. Goad, Mary Quesenberry, Walter E. Viers, UAW Local 2069, Paul E. Hollandsworth, International Union, Uni ted Automobile, Aerospace and Agricultural Implement Workers of America, Curtis L. Cox, Shirely I. Tolbert, denying 5 Motion to Dismiss, Motion to Stay, Motion to Transfer Case filed by Volvo Trucks North America Retiree Healthcare Benefit Plan, Volvo Group North America Inc.. Signed by Judge Glen M. Williams on 5/21/09. (eps)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION MARY QUESENBERRY, et al., Plaintiffs, v. VOLVO GROUP NORTH AMERICA, INC., f/k/a VOLVO TRUCKS NORTH AMERICA, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:08cv00026 ORDER

By: GLEN M. WILLIAMS SENIOR UNITED STATES DISTRICT JUDGE

This case is currently before the court on the plaintiffs' Motion For Preliminary Injunction, (Docket Item No. 20), ("Motion For Preliminary Injunction"), and the defendants' Motion To Dismiss, Stay or Transfer, (Docket Item No. 5), ("Motion To Dismiss, Stay or Transfer"). The case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On March 10, 2009, the Magistrate Judge entered a report and recommendation, (Docket Item No. 38), ("the Report"), recommending that both motions be denied. Objections to the Report were due by March 30, 2009. Plaintiffs filed timely objections, (Docket Item No. 38), on March 27, 2009. Due to the fact that both parties agree that the Plaintiffs' objection to the reliance on the legal standard set forth in Gable v. Sweetheart Cup Co., Inc., 35 F.3d 851, 855 (4th Cir. 1994), is not essential to the Magistrate Judge's recommendation and does not have to be adopted or rejected at this time, the court will refrain from making a decision on this issue at this juncture of the case. Upon the consideration

of the Report and the objections thereto, the undersigned finds that the Magistrate Judge's Report shall be ACCEPTED. Accordingly, for the reasons detailed in the Magistrate Judge's Report and in this Order, the plaintiffs' Motion For Preliminary Injunction is hereby DENIED, and the defendants' Motion To Dismiss, Stay or Transfer is hereby DENIED. The Clerk is directed to enter this Order and provide copies to all counsel of record. ENTER: This 21st day of May 2009.

/s/ Glen M. Williams _____________________ SENIOR UNITED STATES DISTRICT JUDGE