Harris v. Cooper B-Line, Inc. et al

Filing 47

MEMORANDUM AND ORDER,The Court GRANTS Machinists No. 9s motion to dismiss Count I (Doc. 33 ); DISMISSES Count I without prejudice; DEEMS timely Harriss response to Henzes motion to dismiss Count II (Doc. 46 ); DISCHARGES the rule to show cause (Doc. 44 ); and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.Signed by Judge J. Phil Gilbert on 1/6/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ADRIAN HARRIS,
Plaintiff,
v.

Case No. 13-cv-440-JPG-DGW

COOPER B-LINE, INC., MACHINISTS NO. 9
and WAYNE HENZE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Adrian Harris’s response (Doc. 45) to the
Court’s December 16, 2013, order to show cause (Doc. 44) why the Court should not grant the two
motions to dismiss filed in this case. Harris concedes that the motion to dismiss Count I for
failure to exhaust administrative remedies filed by defendant District 9 of the International
Association of Machinists and Aerospace Workers’ (“Machinists No. 9”) (Doc. 33) should be
granted because he has not exhausted his administrative remedies. He has further filed a response
(Doc. 46), albeit late, to defendant Wayne Henze’s motion to dismiss Count II on the grounds of
preemption or failure to state a claim (Doc. 40). The Court finds Harris has established good
cause for his lateness.
In light of Harris’s response, the Court:
•

GRANTS Machinists No. 9’s motion to dismiss Count I (Doc. 33);

•

DISMISSES Count I without prejudice;

•

DEEMS timely Harris’s response to Henze’s motion to dismiss Count II (Doc. 46);

•

DISCHARGES the rule to show cause (Doc. 44); and

•

DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

IT IS SO ORDERED.
DATED: January 6, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE