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Tatum v. White River Beverage Co.

July 18, 2005

LINDA TATUM, PLAINTIFF,
v.
WHITE RIVER BEVERAGE COMPANY, INC., AN ARKANSAS CORPORATION, AND RANDY BOOKER, AS AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Wright, Chief J.

ORDER

This is a case of alleged employment discrimination based on sexual harassment and is brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. sections 2000e et seq., and the Arkansas Civil Rights Act of 1993 ("ACRA"), Ark.Code Ann. sections 16-123-101 et seq. An additional state-law claim of assault is asserted as well. The matter is before the Court on motion of separate defendant, Randy Booker, to dismiss or, in the alternative, for summary judgment [doc.# 15]. Booker argues that there is no supervisor liability under Title VII, that there is no basis for proceeding under 42 U.S.C. section 1981 (to the extent such a claim is being asserted) as plaintiff is white, that the state-law claims must be dismissed in the absence of federal claims against Booker, and, finally, that the complaint was filed on November 26, 2003, but he was not served until June 1, 2005. Plaintiff has not responded to Booker's motion and the time for doing so has long since passed. Accordingly, all facts as set forth in Booker's Statement of Material Facts as to Which there is no Genuine Dispute, including that the complaint was filed on November 26, 2003, but he was not served until June 1, 2005, are deemed admitted.*fn1 That being so, there is no dispute that Booker was not timely served and the Court therefore grants Booker's motion to dismiss or for summary judgment on that basis (although even if service had been timely, the Court would grant Booker's motion to dismiss or for summary judgment for the other reasons stated).

IT IS THEREFORE ORDERED that separate defendant Booker's motion to dismiss or, in the alternative, motion for summary judgment ...


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