Wright et al v. DePew, No. 2:2007cv00166 - Document 80 (E.D. Tenn. 2010)

Court Description: MEMORANDUM OPINION AND ORDER; this Court FINDS that there is no genuine issue of material fact as to Mrs. Wright's state law claims. Thus, it is hereby ORDERED that they are DISMISSED WITH PREJUDICE. Signed by District Judge J Ronnie Greer on 7/12/10. (KDO)

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Wright et al v. DePew Doc. 80 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE RANDY HAROLD WRIGHT and MAE ALISE WRIGHT v. BRAD DEPEW, ET AL. ) ) ) ) ) ) NO. 2:07-CV-166 MEMORANDUM OPINION AND ORDER On June 25, 2010, this Court gave notice to the parties that it intended to enter summary judgment sua sponte on Mrs. Wright s claims of loss of consortium, intentional infliction of emotional distress, negligent infliction of emotional distress, and financial loss as a result of plaintiffs treatment. See Yashon v. Gregory, 737 F.2d 547, 552 (6th Cir. 1984). The Court set a deadline of July 6, 2010, for the parties to file any briefs regarding this issue. The Court also stated that if no briefs were filed by this date, the Court would enter summary judgment on these derivative state law claims in favor of the defendants. No briefs were filed opposing the entry of summary judgment on those claims. As stated by this Court previously, all of Mrs. Wright s claims are dependent upon Mr. Wright s claims, and the Court has dismissed all of his claims. In addition, this Court gleans from the record that Mrs. Wright was not even present Dockets.Justia.com at the incident in question. As such, this Court FINDS that there is no genuine issue of material fact as to Mrs. Wright s state law claims. Thus, it is hereby ORDERED that they are DISMISSED WITH PREJUDICE. SO ORDERED. ENTER: s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE 2

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