Jefferson v. Biogen Idec Inc.

Filing 17

ORDER granting 12 Motion to Dismiss. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 8/11/2011. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5: ll-CV-237-F

LESONYA JEFFERSON,
Plaintiff,
v.
BIOGEN IDEC INC.,
Defendant.

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ORDER

This matter is before the court on motion [DE-13] of defendant, Biogen IDEC, Inc.
("Biogen"), seeking either denial of an implied Motion to Amend [DE-II] or, alternatively, to
dismiss the "Amended Complaint" [DE-II] insofar as it purports to allege claims under the
Americans With Disabilities Act of 1990 (as amended), 42 U.S.C. § 12101, et seq., and wrongful
discharge in violation of North Carolina's common law. The plaintiff, LeSonya Jefferson
("Jefferson"), has filed no response to Biogen's motion, although the time within which to do so
has expired.
In the interest ofjudicial economy, Jefferson's failure to file a response or other
objection, and the court's consideration of the record herein and the applicable law, the court
ADOPTS the rationale set forth in Biogen's Memorandum [DE-14] for ruling as follows:
The court deems Jefferson's "Amended Complaint" [DE-II], in fact to be a motion to
amend her Complaint [DE-I, Exh. A], filed in Wake County Superior Court on April 13,2011,
and removed to this court on May 12,2011. See [DE-I]. For the reasons cogently set forth in
Biogen's Memorandum [DE-14], Jefferson's motion to amend her Complaint is DENIED as
futile, and the document, "Amended Complaint" [DE-II] is STRICKEN. Biogen's Amended

Answer [DE-I2] is STRICKEN as surplusage. The Clerk of Court is DIRECTED to continue
management of this case 1•
SO ORDERED.
This, the

L

day of August, 2011.

Biogen's motion and memorandum do not seek dismissal of the North Carolina
wrongful discharge claim, if any, contained in the Complaint [DE-I, Exh. A], removed from
Wake County Superior Court.
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