Holley v. Gibco Construction LLC
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/30/15. (SAC )
2015 Jun-30 PM 04:47
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
GIBCO CONSTRUCTION, LLC,
CIVIL ACTION NO.
In its order of May 18, 2015 (Doc. 19), the court required
plaintiff to file an amended complaint in which he amends his
retaliation claim in Count II to allege but-for causation and in
which he dismisses his Count III claim of race discrimination. The
court informed plaintiff that if he did not comply his Count II
claim of retaliation would be dismissed. Plaintiff filed an amended
complaint on May 26 (Doc. 20). As noted by defendant in its answer
(Doc. 21) to the amended complaint, plaintiff now alleges that
retaliation for his protected activity was the “but-for” cause of
his termination, but he did not formally dismiss his claim of race
discrimination. The court finds that by alleging retaliation to be
effectively abandoned his claim in Count III just as if he had
formally dismissed it. In other words, the court deems plaintiff to
have complied with the order of May 18, 2015. Accordingly, the
action as contained in Count III will be dismissed with prejudice
on plaintiff’s abandonment of it. A separate order will be entered.
DONE this 30th day of June, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?