Opinion
Case No. 3:12-cv-247
05-08-2012
PAULA J. SHAW, Plaintiff, v. TENNESSEE DEPARTMENT OF TRANSPORTATION and KENNETH JOSEPH CARPENTER, JR., in his official capacity, Defendants.
Douglas B. Janney III (BPR No. 19112) Attorney for Plaintiff Adam Futrell (BPR No. 25394) Assistant Attorney General Civil Litigation and State Services Division Attorney for Defendant
Judge Haynes
Magistrate Judge Bryant
Jury Demand
AGREED ORDER OF PARTIAL VOLUNTARY DISMISSAL
It appears to the Court that, by agreement of the parties, Plaintiff Paula Shaw voluntarily dismisses her claims in this case against Defendant Kenneth Joseph Carpenter, Jr. only. The only claims Plaintiff brought against Defendant Carpenter were Ex Parte Young claims for injunctive relief, including potential reinstatement and/or other appropriate equitable relief and attorney's fees and costs, based on interference and retaliation theories under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. (FMLA). (ECF No. 1, Compl. at ¶ 30). Defendant Tennessee Department of Transportation (TDOT) has agreed to waive its Eleventh Amendment immunity as to these claims for purposes of this case only and has consented that Plaintiff Shaw may proceed on her Ex Parte Young claims under the FMLA against TDOT instead of Kenneth Joseph Carpenter, Jr., along with her other claims against it under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII) and the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. (RA).
Accordingly, Plaintiff Shaw's FMLA interference and retaliation claims against Defendant Carpenter are dismissed with prejudice. Those FMLA claims and her claims under Title VII and the RA against Defendant TDOT are not dismissed and remain for adjudication.
It is so ORDERED.
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Honorable William J. Haynes, Jr.
United States District Judge
Approved for Entry:
Douglas B. Janney III (BPR No. 19112)
Attorney for Plaintiff
Adam Futrell (BPR No. 25394)
Assistant Attorney General
Civil Litigation and State Services Division
Attorney for Defendant