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 )

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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

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