Salmon v. South Carolina Electric and Gas

Filing 8

ORDER re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial) filed by South Carolina Electric and Gas. Plaintiff is directed to file a response to Defendant's motion to dismiss by January 7, 2015. Pla intiff is further advised that if he fails to respond, the undersigned will recommend Defendant's partial motion to dismiss be granted as unopposed pursuant to Local Civ. Rule 7.06. Signed by Magistrate Judge Shiva V Hodges on 12/30/2014. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Carl D. Salmon,
Plaintiff,
vs.
South Carolina Electric and Gas,
Defendant.

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C/A No.: 3:14-4493-MBS-SVH

ORDER

Plaintiff brought this employment discrimination action through counsel.
Defendant filed a partial motion to dismiss on November 26, 2014. [ECF No. 5].
Plaintiff’s response to the motion to dismiss was due by December 15, 2014, but he has
failed to respond to the motion. As such, it appears to the court that he does not oppose
the motion and wishes to abandon his Second Cause of Action for retaliation in violation
of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. and of
Title VII of the Civil Rights Act of 1964. Based on the foregoing, Plaintiff is directed to
file a response to Defendant’s motion to dismiss by January 7, 2015. Plaintiff is further
advised that if he fails to respond, the undersigned will recommend Defendant’s partial
motion to dismiss be granted as unopposed pursuant to Local Civ. Rule 7.06.
IT IS SO ORDERED.

December 30, 2014
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge