Desirey v. Huawei Device USA, Inc. et al

Filing 29

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff's request for leave to voluntarily dismiss Counts I and II of his complaint without prejudice is GRANTED.IT IS FURTHER ORDERED that defendants' motion for partial summary judgment (#8) is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 1/31/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL DESIREY,
Plaintiff,
v.
HUAWEI DEVICE USA, INC. and
JIANGAO CUI,
Defendants.

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Case No. 4:13CV445 SNLJ

MEMORANDUM AND ORDER
Plaintiff filed a multi-count action alleging employment discrimination under state and
federal law. This matter is before the Court on the defendants’ motion for partial summary
judgment (#8) on plaintiff’s claims in Counts I and II under the Missouri Human Rights Act.1 On
October 18, 2013, this Court granted plaintiff additional time to take discovery and to respond to
the motion. Plaintiff was given 90 days to submit any additional material pertinent to his
opposition to the motion and defendants were granted 14 days thereafter to submit any additional
material in reply. Plaintiff has filed a supplemental memorandum and this matter is now ripe for
disposition.
Plaintiff requests leave to voluntarily dismiss Counts I and II without prejudice.
Defendants have not filed an opposition to the dismissal of Counts I and II without prejudice.
This Court will grant plaintiff’s request and, therefore, defendants’ motion for partial summary
judgment is moot.
Accordingly,

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The motion also sought summary judgment on Count V. In response, plaintiff requested leave to voluntarily
dismiss Count V without prejudice, which was granted by this Court on October 18, 2013.

IT IS HEREBY ORDERED that plaintiff’s request for leave to voluntarily dismiss
Counts I and II of his complaint without prejudice is GRANTED.
IT IS FURTHER ORDERED that defendants’ motion for partial summary judgment
(#8) is DENIED as moot.
Dated this 31st this day of January, 2014.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE