Gidley v. Koch Foods of Gadsden LLC et al

Filing 18

MEMORANDUM OPINION AND ORDER re 12 MOTION to Dismiss filed by Susana Gutierrez, Lisa Burdick ; the court DISMISSES WITHOUT PREJUDICE counts five, six, and seven of Ms. Gidleys complaint against Ms. Burdick and Ms.Gutierrez. Signed by Judge Karon O Bowdre on 1/17/13. (SAC )

FILED
2013 Jan-17 PM 01:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

GLORIA GIDLEY,
Plaintiffs,
v.

1:12-cv-03967-KOB

KOCH FOODS OF GADSDEN,
LLC, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
This matter comes before the court on Defendants Lisa Burdick and Susana Gutierrez’s
motion to dismiss counts five, six, and seven of Plaintiff Gloria Gidley’s complaint. Ms. Burdick
and Ms. Gutierrez argue for dismissal of the claims because they are not subject to individual
liability under the Age Discrimination in Employment Act or the Americans with Disabilities
Act. Because Ms. Gidley does not oppose the motion (doc. 16), the court DISMISSES WIHOUT
PREJUDICE counts five, six, and seven of Ms. Gidley’s complaint against Ms. Burdick and Ms.
Gutierrez.
DONE and ORDERED this 17th day of January, 2013.

____________________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE