Scott v. Anderson et al

Filing 14

ORDER granting 10 Motion to Dismiss for Failure to State a Claim. Defendant Anderson is dismissed. The Court also grants in part and denies in part 13 Plaintiff's Motion to Amend the Complaint. Plaintiff cannot add Jadacris as a defendan t. Plaintiff is allowed to add R.T.I International as a defendant. The Court will treat the Amended Complaint as the operative complaint. Signed by Chief Judge James C. Dever III on 5/16/2013. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-60-D

YOLANDA DENISE SCOTT,
Plaintiff,

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MIKIO ANDERSON, and
GREEN RESOURCES, INC.,
Defendants.

ORDER

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On April4, 2013, defendant Mikio Anderson filed a motion to dismiss the Title Vll claims
that plaintiff filed against him [D.E. 10]. Anderson cannot be liable under Title Vll. See,~.
Lissau v. S. Food Serv.. Inc., 159 F.3d 177, 181 (4th Cir. 1998). The motion to dismiss [D.E. 10]
is GRANTED, and Anderson is DISMISSED as a defendant. Plaintiff's motion to amend the
complaint [D.E. 13], which seeks to add Sara Jadacris and R.T.I. International as defendants, is
GRANTED in part and DENIED in part. Plaintiff cannot add Jadacris as a defendant. See Lissau,
159 F.3d at 181. The court permits her to add R.T.I. International as a defendant. Plaintiff is
responsible for properly serving the new defendant. The court will treat the amended complaint as
the operative complaint.
SO ORDERED.

This~dayofMay2013.

~SC.DEVERill
Chief United States District Judge