Lott v. SWIFT TRANSPORTATION COMPANY, INC.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SWIFT TRANSPORTATION COMPANY, INC.’S MOTION TO DISMISS

BERNICE BOUIE DONALD, District Judge.

Before the Court is Defendant Swift Transportation Company, Inc.’s (“Swift”) Motion to Dismiss filed on February 19, 2010. (D.E. #58.) Plaintiffs Gerald L. Lott et al. (collectively, “Plaintiffs”) filed a response in opposition on March 1, 2010. For the reasons stated below, Swift’s motion is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND 1

Plaintiff Gerald Lott is a resident of Memphis, Tennessee, Plaintiff Francisco Armenia is a resident of…