United States Eighth Circuit

In a sex discrimination action, dismissal of the complaint is affirmed where: 1) plaintiff failed to timely respond to defendant's motion to dismiss, and plaintiff's assertion in his motion for extension of time that his counsel was occupied with other hearings did not constitute excusable neglect; and 2) plaintiff's complaint failed to allege facts showing that he was treated differently from similarly-situated female employees.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

• SMITH, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Brian J. Klopfenstien, argued, Kearney, MO, for Appellant.


• For Appellees:
  
• Denise Kay Drake, argued, Overland Park, KS (Sarah Jane Bruer, Jeannie M. DeVeney, on the brief), for Appellee.