Brumfield v. Goodyear Tire & Rubber Co. et al

Filing 43

AMENDED MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 39 Proposed Findings and Recommendations of the Magistrate Judge; granting Defendant Goodyear Tire & Rubber Company's 31 Motion to Dismiss; dismissing the complaint in its entirety; and removing this matter from the docket of the Court; further GRANTING Goodyear's request to impose an injunction and prohibiting Brumfield, without leave of court, from instituting any additional civil action against Goodyear in the Southern District of West Virginia, as more fully set forth herein. Signed by Judge Robert C. Chambers on 3/30/2016. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

WILLIAM BRUMFIELD,
Plaintiff,
v.

CIVIL ACTION NO. 3:15-14127

GOODYEAR TIRE & RUBBER CO.;
JOHN K. KESSINGER;
JANE S. MCELREATH;
MARK S. GANNON;
RICKY L. BRADLEY; and
DON SHIVERS,
Defendants.

AMENDED MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge,
for submission to this Court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and
recommended that the Court grant Defendant Goodyear Tire & Rubber Company’s Motion to
Dismiss (ECF No. 31), dismiss the complaint, in its entirety, and remove this matter from the
docket of the Court. The Magistrate further recommends that the Court grant Goodyear’s request
to consider imposition of a prefiling in junction and issue an order requiring Brumfield to show
cause why the Court should not grant an injunction that would prohibit Brumfield, without leave
of court, from instituting any additional civil action against Goodyear in the Southern District of
West Virginia related to or arising from (a) his workers compensation claims and settlement, (b)
his Social Security disability benefits; (c) his union payroll checks, and/or (d) any pension,

unemployment, or other benefit in any way connected to his employment at Goodyear between
1992 and 1995.

Neither party has filed objections to the Magistrate Judge=s findings and

recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and GRANTS Defendant Goodyear Tire & Rubber Company’s Motion to
Dismiss (ECF No. 31), DISMISSES the complaint, in its entirety, and REMOVES this matter
from the docket of the Court. The Court further GRANTS Goodyear’s request to impose an
injunction and prohibits Brumfield, without leave of court, from instituting any additional civil
action against Goodyear in the Southern District of West Virginia related to or arising from (a) his
workers compensation claims and settlement, (b) his Social Security disability benefits; (c) his
union payroll checks, and/or (d) any pension, unemployment, or other benefit in any way
connected to his employment at Goodyear between 1992 and 1995.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

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March 30, 2016