King-Flitton v. Davis School District et al
Filing
37
ORDER granting 35 Motion to Dismiss Party. Becky Bouvang terminated. Signed by Judge Dale A. Kimball on 11/3/2015. (jwt)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION
SARA KING-FLITTON,
Plaintiff,
ORDER
vs.
Case No. 1:14CV97DAK
DAVIS SCHOOL DISTRICT and
BECKY BOUVANG,
Judge Dale A. Kimball
Defendants.
This matter is before the court on Defendant Becky Bouvang’s Motion to Dismiss, filed
September 24, 2105. As of the date of this Order, Plaintiff has not opposed Defendant’s motion
even though the time for doing so has passed. On October 23, 2015, Defendant filed a Request
to Submit the motion for decision. Plaintiff has not responded to the Request to Submit.
Based on the facts and law set forth in Defendant Bouvang’s motion, the motion is
GRANTED. Plaintiff’s Title VII hostile work environment and retaliation claims are dismissed
against Defendant Bouvang because personal capacity suits against individual supervisors are
inappropriate under Title VII.” Haynes v. Williams, 88 F.3d 898, 901 (10th Cir. 1996). In
addition, Plaintiff’s third cause of action for sexual harassment and retaliation under the Utah
Anti-Discrimination Act (“UADA”) is dismissed because the UADA does not provide a private
cause of action. Utah Code Ann. § 34A-5-107(15); Buckner v. Kennard, 99 P.3d 842, 852 (Utah
2004); Blauer v. Dept. Workforce Servs., 2014 UT App 100, ¶ 6 n.2.
Moreover, the court grants Plaintiff’s Motion to Dismiss for failure to respond. See
DUCivR 7-1(d) (“Failure to respond timely to a motion may result in the court’s granting the
motion without further notice.”).
DATED this 3rd day of November, 2015.
BY THE COURT:
DALE A. KIMBALL
United States District Judge
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