Whitten v. Sodexo, Inc. et al
Filing
29
Order granting Defendant's Motion to dismiss Count Four of the Amended Complaint (Related Doc # 20 ). Count Four is dismissed with prejudice. Judge David A. Ruiz on 10/24/2024. (H,Z)
PageID# 128-129).1 Defendant’s assertion regarding the length of the statute of limitations is
accurate and consistent with 29 U.S.C. § 2617(c)(1) & (2). Plaintiff’s opposition to the partial
motion to dismiss was due April 29, 2024,2 but no opposition was ever filed. Plaintiff’s counsel
has never requested an extension of time to file an opposition, nor did she raise the issue at an
August 1, 2024 telephone conference or in two subsequently filed status reports. (R. 23, 27, 28).
In an Order dated October 10, 2024, the Court expressly stated as follows: “Plaintiff has
not filed a response to the motion, and the docket does not reflect any stipulation or agreement
regarding the motion. The parties have filed two status reports, but neither has provided an
update regarding the pending motion and Plaintiff’s position. Therefore, Plaintiff shall have until
10/18/2024 to demonstrate it opposes the motion. If Plaintiff elects not to respond, then the Court
will consider Plaintiff's inaction as conceding dismissal of that claim.”
To date, Plaintiff has not responded. Given Plaintiff’s lack of opposition to the motion to
dismiss the FMLA claim in Count Four, the Court has considered Defendant’s statute of
limitations argument and finds it well taken. The Court hereby GRANTS Defendant’s Partial
Motion to Dismiss (R. 20), and Count Four of the Amended Complaint is hereby DISMISSED
with prejudice.
IT IS SO ORDERED
s/ David A. Ruiz
David A. Ruiz
United States District Judge
Date: October 24, 2024
1
The instant action was removed from the Court of Common Pleas for Lake County (R. 1), and
the Summons therein indeed indicates a filing date of November 21, 2023. (R. 1-2, PageID# 9).
The Amended Complaint alleges Plaintiff was terminated on November 20, 2020. (R. 13,
PageID# 82, ¶32).
2
“[E]ach party opposing a motion must serve and file a memorandum in opposition within thirty
(30) days after service of any dispositive motion.” Local Rule 7.1(d).
2
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