Dudley et al v. Fiftieth District Court et al

Filing 15

ORDER finding as moot 9 Motion to Dismiss; granting 14 Motion to Amend Complaint. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARQUETTA DUDLEY and PERCY DUDLEY, Plaintiffs, -vs50TH DISTRICT COURT, JUDGE PRESTON THOMAS and JUDITH GRACEY, Defendants. / ORDER FINDING DEFENDANTS' MOTION TO DISMISS AS MOOT AND GRANTING PLAINTIFFS' MOTION TO AMEND COMPLAINT This is an employment discrimination case. The complaint names the 50th District Court, Judge Preston Thomas (Thomas) and Judith Gracey (Gracey) as defendants. Gracey is the Court Administrator and Clerk of the 50th District Court. The Court does not have jurisdiction over the 50th District Court, or Thomas or Gracey in their official capacities as a consequence of Eleventh Amendment immunity. Accordingly, the 50th District Court is DISMISSED, and Thomas and Gracey are DISMISSED in their official capacities. Plaintiffs shall have fifteen (15) days within which to file an amended complaint compatible to federal court jurisdiction. Defendants named Case No. 08-14017 Hon: AVERN COHN

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in the amended complaint shall have twenty (20) days within which to answer or otherwise plead. The pending motion to dismiss is MOOT. SO ORDERED.

Dated: February 12, 2009

s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, February 12, 2009, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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