Middleton v. Ball-Foster Glass Container Co.

MEMORANDUM OPINION AND ORDER

SOLIS, District Judge.

Now before the Court are Defendant’s Rule 56 Motion for Summary Judgment and Rule 12(b)(1) Motion to Dismiss, Plaintiffs Response to Defendant’s Motion to Dismiss and for Summary Judgment, and Defendant’s Reply to Plaintiffs Response to Defendant’s Rule 56 Motion for Summary Judgment and Rule 12(b)(1) Motion to Dismiss. The Court has considered Defendant’s present motion and, for the reasons discussed herein, hereby DENIES Defendant’s Motion to Dismiss and GRANTS Defendant’s Motion for Summary Judgment.

BACKGROUND

Plaintiffs’ Complaint alleges…