Deakins v. United States Postal Service

ORDER

BUCKLEW, District Judge.

This cause comes before the Court on the United States Postal Service’s (“USPS”) Motion to Dismiss (Doc. No. 16), and the American Postal Workers Union, AFL-CIO’s (“Union”) Motion to Dismiss or Alternative Motion for Summary Judgment (Doc. Nos. 12-1 and 12-2). The plaintiffs have filed responses in opposition to both of the aforementioned motions (Doc Nos. 18 and 19).

I. Standard of Review

In ruling on a motion to dismiss, the Court should not dismiss a complaint unless it appears that there is no possibility that the plaintiffs can recover under the allegations of…