Hoffner v. Barnhardt et al

Filing 32

ORDER granting 20 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 41(B) filed by David Barnhardt. David Barnhardt terminated. Signed by Chief Judge David R. Herndon on 6/19/2012. (msdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HILLARY HOFFNER,
Plaintiff,
v.
DAVID BARNHARDT, individually, and
ASSOCIATED LUMBER INDUSTRIES,
Defendants.

No. 12-cv-239-DRH
ORDER

HERNDON, Chief Judge:
Before the Court is defendant David Barnhardt’s motion to dismiss (Doc. 20),
contending that plaintiff Hillary Hoffner’s complaint must be dismissed as against
him because Barnhardt was never charged before the Equal Employment
Opportunity Commission, a jurisdictional prerequisite to filing suit. See Williams
v. Gen. Foods Corp., 492 F.2d 399, 404-05 (7th Cir. 1974).

Plaintiff responded

(Doc. 30), agreeing with Barnhardt’s contentions and consenting to Barnhardt’s
dismissal. Accordingly, the Court grants the motion. The Court dismisses with
prejudice Barnhardt from this action.
IT IS SO ORDERED.
Signed this 19th day of June, 2012.

Digitally signed
by David R.
Herndon
Date: 2012.06.19
13:51:22 -05'00'
Chief Judge
United States District Court