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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND
Chambers of BENSON EVERETT LEGG United States District Judge 101 West Lombard Street Baltimore, Maryland 21201 410-962-0723

March 4, 2011

MEMORANDUM RE:

Roosevelt Johnson v. Norfolk Southern Railway Company Civil No. L-11-5

Pro se Plaintiff Roosevelt Johnson alleges that his employer, the Norfolk Southern Railway Company ("Norfolk Southern"), violated the governing collective bargaining agreement (the "CBA") by failing to provide him with adequate notice of a pending disciplinary investigation. Now pending is Norfolk Southern's Motion to Dismiss. Docket No. 7. The Motion is fully briefed, and no hearing is deemed necessary. See Local Rule 105.6 (D. Md. 2010). For the reasons stated below, the Motion is hereby GRANTED. The Clerk is DIRECTED to CLOSE the case. I. Background Because Johnson's Complaint is brief, the Court will reproduce it in full. I, Roosevelt Johnson am employed Norfolk & Southern Railway Company. My employment is governed by an agreement. In the agreement, Article 31, page 113, states the terms and rules of what the company is to do when contacting an employee for hearing and disciplinary actions. I, Roosevelt Johnson was not notified by the company in the 10 (ten) day period specified by the agreement. I lost 25 (twenty-five) days of wages due to this action being taken against me. I am suing Norfolk & Southern Railway Company for their breach of contract, which resulted in 25 (twenty-give) days of lost wages.

Johnson initially filed suit in the District Court of Maryland for Anne Arundel County. Norfolk Southern timely removed under federal question jurisdiction. 28 U.S.C.

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Maryland Law