Gerberding v. Medical College of Wisconsin

Filing 14

ORDER signed by Judge J.P. Stadtmueller on 2/21/2017: ADOPTING 12 Parties' Stipulation of Dismissal as to Count II of Plaintiff's Complaint; DISMISSING Count II of Plaintiff's Complaint (Docket #1) with prejudice and without costs or attorney's fees to any party; and DENYING AS MOOT 6 Defendant's Motion to Dismiss Count II of Plaintiff's Complaint. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
STEFANIE GERBERDING,
Plaintiff,
v.

Case No. 16-CV-1579-JPS

MEDICAL COLLEGE OF WISCONSIN,
Defendant.

ORDER

On November 28, 2016, Plaintiff brought a two-count complaint
against Defendant. (Docket #1). Count I alleges sex discrimination and
retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
§ 2000e et seq. Id. at 4–5. Count II brings the same claims under Title IX of the
Education Amendments of 1972 (“Title IX”), 20 U.S.C. § 1681, et seq. Id. at
5–7. On January 30, 2017, Defendant filed a motion to dismiss Count II on the
ground that the Title IX claim is precluded by the comprehensive statutory
scheme for such claims established in Title VII. (Docket #6). On February 10,
2017, the parties filed a joint stipulation for the dismissal of Count II with
prejudice and without costs or attorney’s fees assessed to either party.
(Docket #12). The Court will adopt the stipulation, which also renders
Defendant’s motion to dismiss moot.
Accordingly,
IT IS ORDERED that the parties’ stipulation of dismissal as to Count
II of Plaintiff’s complaint (Docket #12) be and the same is hereby ADOPTED;
Count II of Plaintiff’s complaint be and the same is hereby DISMISSED with
prejudice and without costs or attorney’s fees to any party; and
IT IS FURTHER ORDERED that Defendant’s motion to dismiss
Count II of Plaintiff’s complaint (Docket #6) be and the same is hereby
DENIED as moot.

Dated at Milwaukee, Wisconsin, this 21st day of February, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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