Holley v. Gibco Construction LLC

Filing 22

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/30/15. (SAC )

FILED
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
SOUTHERN DIVISION
RICHARD HOLLEY,

}
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Plaintiff,
v.
GIBCO CONSTRUCTION, LLC,
Defendant.

CIVIL ACTION NO.
2:14-CV-2277-WMA

MEMORANDUM OPINION
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
the

“but-for”

cause

of

his

discharge

(the

only

cause),

he

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