Jones v. LaPorte County Sheriff's Department et al

Filing 18

OPINION AND ORDER re 16 STIPULATION. Based on Mr. Joness stated intent to withdraw his claims under section 1981 and the parties stipulation, the Plaintiffs section 1981 claims are DISMISSED WITHOUT PREJUDICE. The Court DISMISSES AS MOOT the Motion of Defendants to Dismiss Plaintiffs Complaint, In Part. DE 8 . Signed by Judge Jon E DeGuilio on 7/24/2014. (rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MICHAEL A. JONES,

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Plaintiff,
v.
LAPORTE COUNTY SHERIFF’s
DEPARTMENT, et al.,
Defendants.

Case No. 3:13-CV-1330 JD

OPINION AND ORDER
This case arises from the allegedly discriminatory termination of Mr. Jones, a former
employee of the LaPorte County Sheriff’s Department. Mr. Jones filed a complaint, alleging
claims under 42 U.S.C. §§ 1981, 1983, and 2000e. [DE 1.] The Defendants filed an answer to
the complaint. [DE 7.] The same day, they filed a Motion of Defendants to Dismiss Plaintiff’s
Complaint, In Part. [DE 8.] The motion seeks to dismiss those claims brought directly under 42
U.S.C. § 1981, arguing that no cause of action exists under that section for claims against those
acting under the color of state law. [DE 8 at 2; DE 9 at 2–7.]
Mr. Jones did not respond to the partial motion to dismiss within the time to do so under
the Local Rules. N.D. Ind. L.R. 7-1(d)(2)(A) (“A party must file any response brief to a motion
within 14 days after the motion is served.”). However, Mr. Jones later filed a document titled
“Stipulation to Dismiss Claims Under 42 U.S.C. § 1981.” [DE 16.] The filing states: “Inasmuch
as plaintiff’s claims under 42 U.S.C. § 1981 are essentially identical to his claims under 42
U.S.C. § 1983, plaintiff hereby withdraws his claims under 42 U.S.C. § 1981.” [Id. at 1.] The
parties stipulated that “the withdrawal of plaintiff’s claims under 42 U.S.C. § 1981 moots
Defendants’ Motion to Dismiss.” [Id. at 2.]

Based on Mr. Jones’s stated intent to withdraw his claims under section 1981 and the
parties’ stipulation, the Plaintiff’s section 1981 claims are DISMISSED WITHOUT
PREJUDICE. The Court DISMISSES AS MOOT the Motion of Defendants to Dismiss
Plaintiff’s Complaint, In Part. [DE 8.]
SO ORDERED.
ENTERED: July 24, 2014

/s/ JON E. DEGUILIO
Judge
United States District Court

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