Henry v. Hobbs et al
ORDER denying without prejudice separate defts' 3 Motion to Dismiss; construing pltf's 6 Memorandum in Opposition to Motion to Dismiss as a motion for leave to file the First Amended Complaint, defts are given 14 days from the entry of this Order to respond to pltf's motion. Signed by Judge Susan Webber Wright on 9/14/12. (vjt) (Modified on 9/14/2012 to correct typographical error.)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RAY HOBBS, DIRECTOR, ARKANSAS
DEPARTMENT OF CORRECTION,
DANNY BURL, DEXTER PAYNE, and
JEREMY ANDREWS, Individually and as
Jerry Henry, a former employee of the Arkansas Department of Correction (ADC), brings
this action against Ray Hobbs, Director of the ADC, and ADC employees Danny Burl, Dexter
Payne, and Jeremy Andrews, alleging that he was terminated pursuant to a scheme and
conspiracy to terminate black employees by the ADC and that the scheme and conspiracy was
carried out by Burl, Payne and Andrews, and authorized by Hobbs.
The matter is before the Court on motion of separate defendants Burl and Payne (but not
Hobbs or Andrews) to dismiss [doc.#3]. Henry has filed a “Memorandum in Opposition to
Motion to Dismiss” [doc.#6] in which he addresses one of the grounds for dismissal and states
that the other issues are addressed in a proposed First Amended Complaint attached to his
response, which he states he submits for filing.
It is not clear if counsel for the ADC defendants intended to omit Hobbs and Andrews
from her motion to dismiss, and counsel for Henry has not properly filed a motion for leave to
file an amended complaint. In light of the questions surrounding the current pleadings, the Court
will deny without prejudice separate defendants’ motion to dismiss [doc.#3] and will construe
Henry’s “Memorandum in Opposition to Motion to Dismiss” [doc.#6] as a motion for leave to
file the First Amended Complaint attached to that pleading. Defendants are hereby give fourteen
(14) days from the date of entry of this Order in which to respond to Henry’s now-construed
motion for leave to file the First Amended Complaint. Should the Court deny Henry’s motion
for leave to file the First Amended Complaint, defendants may refile their motion to dismiss in
the same or revised manner. Should the Court grant Henry’s motion for leave to file the First
Amended Complaint, defendants may file an appropriate responsive pleading to the First
Amended Complaint (e.g., a motion to dismiss or an Answer) once Henry timely files it.
IT IS SO ORDERED this 14th day of September 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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