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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?