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`INDIVIDUAL DEFENDANTS JOHN H. TYSON, NOEL WHITE, DEAN BANKS, STEPHEN
`R. STOUFFER, TOM BROWER, MARY A. OLEKSIUK, ELIZABETH CROSTON, TOM
`HART, HAMDIJA BEGANOVIC, JAMES HOOK, RAMIZ MUHLEJIC, GUSTAVO CABAREA,
`PUM PSING, ALEX BUSS, WALTER CIFUENTES, MUWI HLAWNCEU, CODY
`BRUSTKERN, AND MARK SMITH’S MOTION TO DISMISS
`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF IOWA
`EASTERN DIVISION
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`Case No. 6:20-cv-02055-KEM
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`Hus Hari Buljic individually and as
`Administrator of the Estate of Sedika
`Buljic, Honario Garcia individually
`and as Administrator of the Estate of
`Reberiano Leno Garcia, and Arturo de
`Jesus Hernandez and Miguel Angel
`Hernandez as Co-Administrators of
`the Estate of Jose Luis Ayala, Jr.,
`Plaintiffs,
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`vs.
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`Tyson Foods, Inc., Tyson Fresh Meats,
`Inc., John H. Tyson, Noel W. White,
`Dean Banks, Stephen R. Stouffer, Tom
`Brower, Mary A. Oleksiuk, Elizabeth
`Croston, Tom Hart, Hamdija Beganovic,
`James Cook, Ramiz Muheljic, Gustavo
`Cabarea, Pum Pisng, Alex Buss, Walter
`Cifuentes, Muwi Hlawnceu, Cody
`Brustkern, Mark Smith, and John/Jane
`Does 1- 10,
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`Defendants.
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`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 1 of 5
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`Defendants Tom Hart, Hamdija Beganovic, James Hook, Ramiz Muheljic,
`Gustavo Cabrera, Pum Piang, Alex Buss, Walter Cifuentes, Muwi Hlawnceu, Cody
`Brustkern, and Mark Smith (the “Supervisory Defendants”) and John Tyson, Noel
`White, Dean Banks, Stephen Stouffer, Tom Brower, Mary Oleksiuk, and Elizabeth
`Croston (the “Executive Defendants”) (collectively the “Individual Defendants”) join
`the Motion to Dismiss filed in this case by Tyson Foods, Inc. and Tyson Fresh Meats,
`Inc. (“Tyson”), and respectfully request dismissal of the claims asserted against them
`on the grounds set forth in that motion.
`In addition, the Individual Defendants move for dismissal with prejudice under
`Rule 12(b)(6) on the additional grounds that the claims against them are barred by
`the Iowa Worker’s Compensation Act (“IWCA”). This Motion is supported by the
`attached Brief in Support of Motion to Dismiss pursuant to Local Rule 7.
`WHEREFORE, the Individual Defendants. respectfully requests this Court
`dismiss Plaintiffs’ Complaint and for such further relief as the Court deems just and
`necessary.
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`/s/ Kevin J. Driscoll
`Kevin J. Driscoll AT0002245
`FINLEY LAW FIRM, P.C.
`699 Walnut Street, Suite 1700
`Des Moines, Iowa50309
`Telephone: 515-288-0145
`Facsimile: 515-288-2724
`Email: kdriscoll@finleylaw.com
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`Christopher S. Coleman
`(pro hac vice forthcoming)
`Perkins Coie LLP
`2901 N. Central Avenue, Suite 2000
`Phoenix, Arizona 85012
`Telephone: 602.351.8000
`Facsimile: 602-648.7000
`Email: CColeman@perkinscoie.com
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`-2-
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`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 2 of 5
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`Mary Gaston
`(pro hac vice forthcoming)
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101-3099
`Telephone: 206.359.8000
`Facsimile: 206.359.9000
`Email: MGaston@perkisncoie.com
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`ATTORNEYS FOR DEFENDANTS
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`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 3 of 5
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`/s/ Kevin J. Driscoll
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`CERTIFICATE OF SERVICE
`I hereby certify that on October 9, 2020, this document was electronically
`filed and served to the following:
`
`Thomas P. Frerichs
`Frerichs Law Office, P.C.
`106 E. 4th Street, P.O. Box 328
`Waterloo, Iowa 50704-0328
`319.236.7204 / 319.236.7206 (fax)
`tfrerichs@frerichslaw.com
`
`John J. Rausch
`Rausch Law Firm, PLLC
`3909 University Ave., P.O. Box 905
`Waterloo, Iowa 50704-0905
`319.233.35557 / 319.233.3558 (fax)
`rauschlawfirm@dybb.com
`
`Mel C. Orchard, III
`G. Bryan Ulmer, III
`Gabriel Phillips
`The Spence Law Firm, LLC
`15 S. Jackson Street
`P. O. Box 548
`Jackson, Wyoming 83001
`307.337.1283 / 307.337.3835 (fax)
`orchard@spencelawyers.com
`ulmer@spencelawyers.com
`phillips@spencelawyers.com
`Attorneys for the Plaintiffs
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`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 4 of 5
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`149788578.1
`149788578.1
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`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 5 of 5
`Case 6:20-cv-02055-LRR-KEM Document 24 Filed 10/09/20 Page 5 of 5
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