Toney v. Union Pacific Railroad Company - Document 64

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MARCUS TONEY v. PLAINTIFF 5:10CV00054 UNION PACIFIC RAILROAD COMPANY DEFENDANTS ORDER Pending is Defendant’s motion for summary judgment. (Docket # 27). Defendant asks the Court, in part, to grant summary judgment on Plaintiff’s cumulative trauma claim. Based on the pleadings filed, this claim has been abandoned. Accordingly, Defendant’s motion for summary judgment seeking the dismissal of Plaintiff’s cumulative trauma claim is denied as moot. IT IS SO ORDERED this 30th day of September, 2011. ___________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE